MANILA, Philippines — The Supreme Court has upheld the constitutionality of Republic Act No. 12326, which extends the term of office for incumbent barangay and Sangguniang Kabataan (SK) officials to five years, setting the next elections for November 2028.
The full court decision, penned by Chief Justice Rodil Zalameda, dismissed the petition filed by veteran election lawyer Atty. Romulo Macalintal.
Macalintal had challenged the law’s validity, arguing that it violated the electorate’s right to vote and failed to meet the compelling-reason guidelines established in the 2023 Macalintal vs. COMELEC ruling.
Addressing these arguments, the high court clarified that RA 12326 functions primarily as a term-fixing measure rather than an election postponement statute. The legislation extends the official term from four to five years while reducing the maximum number of consecutive terms from three to two.
The tribunal emphasized that Congress possesses the constitutional authority to determine legislative and local terms, provided the duration remains reasonable and avoids indefinite extensions. The court deemed the November 2028 timeline reasonable—noting that the last elections occurred on October 30, 2023—and acknowledged legislative concerns regarding potential logistical conflicts with the May 2028 national and local elections if a 2027 poll were held.
Furthermore, the justices ruled that the measure does not infringe upon the right to suffrage, as regular elections will still be conducted at fixed five-year intervals starting in 2028, ensuring voters retain a predictable opportunity to select their local representatives.
The ruling was supported by a majority of the justices, with a dissenting opinion registered by Senior Associate Justice Marvic Leonen and four other associate justices.