MANILA, Philippines (Updated 3:11 p.m.) — Veteran elections lawyer Romulo Macalintal has filed challenged the constitutionality of the law postponing the December 2022 barangay polls before the Supreme Court.
On Monday, Macalintal filed a Petition for Certiorari asking the tribunal to declare as unconstitutional Republic Act 11935 or the act that postponed the December 2022 Barangay and Sangguniang Kabataan Elections (BSKE).
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Following President Ferdinand “Bongbong” Marcos Jr. signing of the law on October 10, the BSKE will be conducted on the last Monday of October 2023. Subsequent BSKEs will be held every three years.
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In a brief provided by Macalintal, he said he argued that “the Constitution does not give Congress the power to ‘postpone’ the barangay elections nor to extend the term of office of the barangay officials.”
Under RA 11935, all incumbent barangay and sangguniang kabataan officials shall remain in office unless removed or suspended.
Macalintal argued that the power to postpone elections rests solely within the jurisdiction of the Commission on Elections after it determined serious cases provided by Section 5 of the Omnibus Election Code.
“Thus, by enacting a law postponing a scheduled barangay elections, Congress is in effect executing said provision of the OEC or has overstepped its constitutional boundaries and assumed a function that is reserved to Comelec,” Macalintal added.
He also said: “The questioned law gives Congress the power to appoint barangay officials whose term, as provided by RA 11462 will expire on December 31, 2022. What Congress did is to make a ‘legislative appointment’ of these barangay officials when the law allows them to remain in office as ‘hold over officials.’”
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Macalintal also asserted that RA 11935 violates the people’s right to due process as they are forced to accept the previously appointed barangay officials upon the expiration of their office, without notice or hearing.
Comelec welcomes filing
Comelec Commissioner George Garcia said they welcome the filing of Macalintal before the SC.
“From now on, if there will be a definitive ruling of our SC or in future incidents where the elections are postponed or reset, we will have asis in this case,” he said at the sidelines of the Comelec’s budget hearing at the Senate.
Garcia however said in their reading of the Constitution, they believe the Congress is empowered to reset the elections. And as a result, it will reset the elections.
Comelec Chairman George Garcia earlier said the poll body will continue preparing for the BSKE. He said the postponement will also give Comelec more time to conduct information programs for the electorate and the prospective BSKE candidates.
"We hope that hopefuls for barangay and SK positions and the voting public would also take this time to prepare and reflect on their rights and duties which they will exercise through their ballots and eventual offices," he said last October 12.