MANILA, Philippines — Malacañang affirmed that the Office of the Solicitor General (OSG) is fully prepared to defend the newly enacted law postponing the Barangay and Sangguniang Kabataan Elections (BSKE) to 2028 against a Supreme Court challenge.
During a press briefing on Thursday, October 1, Communications Undersecretary and Palace Press Officer Claire Castro said state lawyers are simply waiting to receive an official copy of the legal petition.
She noted that the Commission on Elections (COMELEC) and the Senate have already coordinated with the OSG regarding their defense strategy.
The legal challenge stems from a petition for certiorari and prohibition filed on September 28 by veteran election lawyer Atty. Romulo Macalintal.
The filing asks the High Court to invalidate Republic Act No. 12326—signed by President Ferdinand Marcos Jr. on September 24—which shifts the upcoming November 2026 local polls to the second Monday of November 2028 and establishes subsequent village and youth elections every five years thereafter.
On Wednesday, the Supreme Court ordered the respondents—the Office of the President via the Executive Secretary, the Senate, the House of Representatives, and COMELEC—to comment on Macalintal’s petition and his request for a temporary restraining order within a non-extendible period of five calendar days upon receipt.
Castro assured that government lawyers would strictly comply with the directive once served.
In his petition, Macalintal contended that delaying the polls violates the electorate’s right to suffrage by effectively extending the terms of incumbent local officials. He urged the High Court to halt the law’s implementation and order COMELEC to resume preparations for the 2026 elections.
Addressing the petitioner’s arguments regarding the right to vote, Castro refrained from discussing specific legal arguments, noting:
“Mas nanaisin po natin na manggagaling ang posisyon na ito mula sa Office of the Solicitor General.”
Castro emphasized that while President Marcos considers the law the proper step, the Executive branch will respect and abide by the High Court’s final determination.
“Sa paningin ng Pangulo at ng mga mambabatas, ito ang nararapat,” she stated. “Pero kung ano man ang magiging desisyon ng Supreme Court, susundin naman po.”
She reiterated that state counsel will vigorously uphold the collective stance of the government branches involved.
“Pero ang stance ng Ehekutibo, ng Comelec, at ng Senado ay ipaglalaban naman din po ng Office of the Solicitor General,” Castro added.