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After SC decision, Comelec says no more 'endless speculations' on BSKE

Cristina Chi - Philstar.com
After SC decision, Comelec says no more 'endless speculations' on BSKE
Commission on Elections Chairman George Erwin M. Garcia on February 27, 2025.
STAR / Ryan Baldemor

MANILA, Philippines — The Commission on Elections can now fully focus on preparing for the November 2026 Barangay and Sangguniang Kabataan elections following the Supreme Court's decision upholding the law postponing the polls, Chairperson George Garcia said Wednesday, November 12.

"This, hopefully, would finally put an end to endless speculations concerning the BSKE. Now that the SC has spoken, the COMELEC can now focus on our timelines and our preparations," Garcia said in a statement. 

The Supreme Court yesterday ruled that Republic Act 12232, which postponed the Barangay and SK elections from December 1, 2025 to November 2026, is constitutional. The decision allows incumbent barangay and SK officials to remain in office until their successors are elected.

According to the high court, Congress has the sole authority to set the term of office for barangay officials under Article X, Section 8 of the Constitution. The Constitution does not explicitly limit barangay officials to three consecutive terms, unlike other local officials.

The Supreme Court also ruled that Congress has the authority to define the terms of office of barangay officials. This "includes the power to decide when the new term begins."

According to the ruling, there was also no violation of the public's right to vote because RA 12232 does not abolish or indefinitely suspend the barangay elections.

The law is also not discriminatory, the Supreme Court added, noting that it does not favor barangay officials with treatment that the Constitution itself does not require.

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