Lawyer mulls challenging new BSKE postponement

MANILA — Election lawyer Romulo Macalintal warned he might challenge the constitutionality of the law that postponed anew the barangay and Sangguniang Kabataan elections (BSKE) from November this year to November 2028.

He might file his petition against the law – which President Marcos signed into Republic Act (RA) 12326 last September 24, 2026 – before the Supreme Court (SC) on Monday, September 28, 2026. Aside from the rescheduling of the local polls, it also “fixed” the term of barangay and SK officials from four to five years, and to serve for two consecutive terms or 10 years.

Macalintal believed the high tribunal may rule against the said law and support his argument that Congress might have gravely abused its discretion in advocating for its enactment.

“Para sa akin, makikita ng Korte Suprema ang grave abuse of discretion dito sa pagkakagawa ng batas na ito dahil sa bakit kaunting-kaunting panahon na lang ang ibinigay sa atin para kuwestiyinin? Ngayon parang we are deprived of our right to file or question it dahil wala nang oras, parang sinadya na sa huli gagawin nila para nga naman walang time ikuwestiyon sa Korte Suprema,” he said in an interview over radio dzBB the other day (September 25, 2026).

He also maintained he did not see any good in the new deferment, reportedly the third in four years, as each postponement has deprived voters of their right to choose their rightful leaders. “Wala akong makitang kabutihan para ma-extend nang ma-extend to the point na ang ating karapatan mismo, ang karapatang bumoto ay nawawala.”

Citing the previous SC ruling against the constitutionality of RA 11935 – delaying the December 2022 BSKE to October 2023 – that he also lodged, Macalintal asserted Congress “cannot prolong that long the postponement of an election.”

He noted that the terms of barangay and SK officials have been extended “by three years” since the BSKE was deferred in December 2025, and prolonged once again with RA 12326 setting the new schedule from November this year to November 2028.

He hinted the new law could be used “for political consideration,” and even become a campaign platform for candidates that might plan to postpone anew the next BSKE.

“Iyan siguro ang dapat maitanim sa isipan ng taumbayan na talagang pinaglalaruan tayo ng mga mambabatas na ito… P8 billion ang nagastos ay balewala sa kanila, dalawang buwan na lang bago mag-eleksyon ay balewala sa kanila,” he added.

Macalintal also slammed the passage of the new law that “fixed” the term of barangay and SK officials to five years when the law previously “setting” a four-year term for them has not been fulfilled yet. “Ngayong hindi pa na-test ang effectiveness ng (four-year term), wala pang isang taon binago na naman nila. Instead of ‘setting,’ sabi nila we are ‘fixing’ the term to five years… Ano ang pagkakaiba ng ‘setting’ at ‘fixing?’”  — (FREEMAN) Philippine Star News Service