Election lawyer Romulo Macalintal has asked President Ferdinand Marcos Jr. to reject a proposed law that would set the terms of barangay officials and Sangguniang Kabataan (SK) members at five years.
In a letter dated Thursday, September 17, Macalintal warned that the measure could undermine constitutional principles by extending the tenure of incumbent local officials and moving the scheduled elections.
He said postponing elections and allowing incumbent officials to remain in office through legislation would interfere with the electorate’s constitutional right to choose its leaders.
“postponing elections and extending the terms of sitting officials through legislative fiat effectively supplants the sovereign will of the people.”
Macalintal also questioned the congressional consultations conducted on the measure, pointing out that barangay officials who could benefit from the proposed term extension were among those invited to hearings.
“Hence, this letter-petition includes our prayer for a personal audience with Your Excellency and your legal advisers to be heard on this matter,” he said.
The election lawyer also disputed the reasons cited in support of changing the terms, describing references to an “oil crisis,” foreign conflicts and funding constraints as “flimsy.”
He noted that the Commission on Elections (COMELEC) has repeatedly said it is prepared to conduct the Barangay and Sangguniang Kabataan Elections (BSKE).
Macalintal further raised a constitutional issue involving the bill’s title and provisions. He cited Article VI, Section 26 (1) of the 1987 Constitution, which states that:
“every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.”
According to Macalintal, the measure’s provisions go beyond simply setting the terms of office because they would also affect the existing election schedule and allow incumbent officials to remain in their posts.
“While deceptively titled as an act “fixing” the term of office, the body of the statute sweeps broadly to cancel ongoing electoral timeline, extent tenures, and impose hold-overs,” he said.
Macalintal proposed that if Congress wants to establish a five-year term for barangay and SK officials, the change should instead apply to those who will be elected in the next scheduled polls.
“That less restrictive path would have fulfilled term-setting goals without trampling upon the lectorate’s fundamental right to choose their grassroots leaders,” Macalintal said.
The Senate approved Senate Bill No. 2387 on third and final reading on September 14, with 13 senators voting for the measure and five voting against it, with no abstentions.
The bill seeks to amend Republic Act No. 12232 by setting the terms of barangay and SK officials at five years instead of four. It also proposes moving the next BSKE from November 2, 2026, to the second Monday of November 2028, with subsequent elections to be held every five years.
Under the Senate-approved version, barangay officials would be limited to two consecutive terms in the same position, while SK officials would remain limited to one term in the same position.
The House of Representatives subsequently adopted the Senate version on September 16, removing the need for a bicameral conference committee and allowing the measure to be transmitted to Malacañang for presidential action.
The proposed changes remain subject to presidential action before they can become law.