Garcia: Supreme Court ruling on BSKE postponement still appealable

Commission on Elections (Comelec) Chairman George Erwin Garcia said the Supreme Court (SC) ruling upholding the constitutionality of the law postponing the 2 November Barangay and Sangguniang Kabataan Elections (BSKE) remains subject to a motion for reconsideration.

In a radio interview on Sunday, 8 November, Garcia noted that parties may seek reconsideration of SC decisions, particularly since the high court's ruling was not unanimous.

“‘Yung isang desisyon ng Korte Suprema, kahit naman po ordinaryong korte o kahit sa amin sa Comelec, ay pwede po magfile ng motion for reconsideration lalo pa’t sabi po ng spokesperson ng Korte Suprema ito ay hindi unanimous,” he said.

Garcia said only nine of the SC's 15 sitting magistrates voted to uphold the constitutionality of Republic Act No. 12326, which postponed the elections.

He explained that if the high court grants a motion for reconsideration, any restraining order affecting the implementation of the law should have been issued before 2 November.

Garcia added that the Comelec cannot determine a new election date if the SC issues a restraining order after the scheduled polling date, as the authority to set election dates rests with Congress.

“Ang kapangyarihan po na maglagay o magsabi kung ano ang araw ng eleksyon ay nasa Kongreso,” he said.

“Ang Comelec ay pwede lang magdeklara ng tinatawag na postponement of the election na bago mangyari bago ‘yung mismong schedule na date ng November 2,” he added.

Earlier, the Comelec welcomed the SC ruling on RA 12326, saying it removed uncertainty over the next BSKE schedule.

“With this new jurisprudence laid down by the Supreme Court, there is, indeed, no more ambiguity or confusion that the next Barangay and Sangguniang Kabataan Elections shall be held, with certainty, in the second Monday of November 2028. The Commission on Elections can now proceed with the preparations for and focus on the May 2028 Presidential Elections,” the poll body said.