Macalintal proposes 'win-win' solution to barangay, SK polls postponement

Résumé détaillé

MANILA, Philippines – Election law expert Atty. Romulo Macalintal has filed a partial motion for reconsideration before the Supreme Court (SC) challenging key provisions of its…

MANILA, Philippines – Election law expert Atty. Romulo Macalintal has filed a partial motion for reconsideration before the Supreme Court (SC) challenging key provisions of its recent ruling upholding Republic Act (RA) 12326.

RA 12326 extends the terms of office for barangay officials and Sangguniang Kabataan (SK) members to five years and schedules the next barangay and Sangguniang Kabataan elections to November 2028.

In an electronic filing Tuesday evening, Macalintal introduced what he termed a “win-win solution” that seeks to compromise on the law’s scope without compromising the electorate’s constitutional rights.

In his motion, Macalintal no longer challenged Congress’s power to set or extend the terms of office of the barangay (village) officials.

Instead, his filing focuses strictly on invalidating the resulting postponement of the upcoming 2026 elections.

“The win-win solution I am offering is two-fold: first, to declare constitutional the power of Congress to extend the term of office of barangay and SK officials; and second, to declare unconstitutional and violative of the 2023 Macalintal guidelines the consequential postponement of the November 2026 BSKE,” Macalintal explained.

“This proposed resolution harmonizes the vital interests of all concerned. Public respondents—Congress, the Office of the President, and the Commission on Elections—are sustained in their stance that Congress possesses the constitutional authority to determine terms of office. On the other hand, the Filipino electorate will rejoice as their sacred right of suffrage is fully restored and vindicated,” he added.

Macalintal argued that the Majority Decision committed clear error by treating the cancellation of the November 2026 BSKE as a mere “incidental effect” of setting a new five-year term.

“Congress never delegated the power to choose who will govern a barangay. Congress cannot elect a punong barangay.

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