OSG: 2028 BSKE delay only incidental to five-year term law

The Office of the Solicitor General asked the Supreme Court to dismiss a petition challenging Republic Act No. 12326, arguing that the law validly fixes the terms of barangay and Sangguniang Kabataan officials at five years and only incidentally moves the elections to November 2028.

The OSG filed the position in compliance with the Supreme Court’s directive to comment on the petition of election lawyer Romulo Macalintal and several co-petitioners seeking to stop the law’s implementation.

According to the OSG, RA 12326 is primarily a term-fixing law and not an election-postponement measure.

It cited Article X, Section 8 of the 1987 Constitution, which states that the term of barangay officials “shall be determined by law.”

The OSG also invoked a 2025 Supreme Court ruling recognizing Congress’ authority to determine the terms of barangay officials and when a new term should begin, provided the period is reasonable.

It argued that the Court’s 2023 guidelines on laws postponing elections do not apply because the principal purpose of RA 12326 is to set the terms of barangay and SK officials.

The OSG said Congress had policy reasons for adopting a five-year term, including allowing officials more time to complete multi-year projects, reducing election costs and avoiding conflicts with national election schedules.

It noted that more than 70 percent of barangays have annual budgets below ₱5 million, making it difficult to complete major projects within shorter terms.

The OSG also rejected the petitioners’ claim that the law effectively appoints incumbent officials through its holdover provision, saying the law merely sets a new statutory term.

It maintained that RA 12326 does not violate the right to suffrage, substantive due process or the constitutional rule requiring every law to embrace only one subject.

Macalintal and his co-petitioners have asked the Supreme Court to declare the law unconstitutional, arguing that moving the elections to 2028 deprives voters of the opportunity to elect barangay and SK officials in 2026 and effectively extends the incumbents’ stay in office.