MANILA, Philippines — Veteran election lawyer Romulo Macalintal has filed an urgent motion asking the Supreme Court to issue an injunction against the implementation of Republic Act No. 12326, a law that moves the November 2 Barangay and Sangguniang Kabataan Elections (BSKE) to the second Monday of November 2028.
In an electronic filing on Tuesday, October 6, Macalintal urged the high tribunal to issue either a temporary restraining order (TRO) or a status quo ante order (SQAO) while declaring RA 12326 unconstitutional. He highlighted that the law marks “an endless extensions” for local leaders, noting that the BSKE has now been deferred twice within a 13-month span.
The Supreme Court previously directed the respondents—the Office of the President via the Executive Secretary, both chambers of Congress, and the Commission on Elections (COMELEC)—to submit their comments. Representing the respondents, the Office of the Solicitor General (OSG) petitioned for the lawsuit’s dismissal, defending the law’s provisions.
“The determination of the term of barangay officials is a political question. Legislative record enumerates the several governance reasons which led Congress to the policy decision of fixing the term of barangay officials to five years,” the OSG stated, adding that the hold-over capacity of current officials is merely an incidental outcome of Congress exercising its legislative mandate.
Under RA 12326, the term of office for local village and youth officials is extended to five years, setting a recurring five-year election cycle beginning after November 2028.
In his reply, Macalintal countered the government’s stance, arguing that claims denying an official term extension are contradicted by the statute itself.
“This claim is flatly belied by Section 5 of R.A. No. 12326 which states: ‘Considering the extension of their terms to two years, incumbent barangay officials shall be regarded as having completed one term…,’” Macalintal noted.
He further dismissed executive justifications regarding public safety, flood mitigation, and waste management as “frivolous rationalizations in postponing the November 2026 BSKE.”
Additionally, the petitioner contended that the statute violates the constitutional “one-subject, one-title” requirement, asserting that:
“Readers of the law only learn that terms are fixed to five years and that R.A. No. 12232 is amended, leaving the public to guess at concealed provisions — such as the postponement of the November 2026 BSKE to November 2028 and term-extending holdovers — which cannot be reasonably or logically inferred from the title.”
Citing judicial precedent, Macalintal emphasized that repeated poll delays act as subtle mechanisms to prolong tenure without explicit consent from voters. Following COMELEC’s suspension of election activities, he called on the high court to intervene immediately and “compel the poll body to resume preparations for the village elections.”
It remains unconfirmed whether the Supreme Court will deliberate on the urgent motion during its en banc session on Wednesday, October 7.