Leonen: SC should have ‘done better’ on BSKE case

MANILA, Philippines — The Supreme Court (SC) should have “done better” by choosing to rule as unconstitutional the law that extended the term of office of barangay and Sangguniang Kabataan (SK) officials and postponed the local polls until November 2028, Senior Associate Justice Marvic Leonen declared.

Leonen was among the five SC justices who voted against the majority decision that upheld the constitutionality of Republic Act 12326 alongside Associate Justices Alfredo Benjamin Caguioa, Ramon Paul Hernando, Ricardo Rosario and Antonio Kho Jr.

The decision penned by then associate justice and now Chief Justice Rodil Zalameda dismissed the petition by election lawyer Romulo Macalintal that sought to nullify RA 12326 for postponing elections without compelling reason and for violating the public’s right to vote.

In ruling that such law was constitutional, the SC said Congress has the power to “fix” the terms of office of barangay officials when needed. RA 12326 amended RA 12322 by fixing the term of barangay and SK officials from four to five years, with two terms for barangay and only one for SK, as well as rescheduled the elections from Nov. 2 this year to “the second Monday of November 2028 and every five years thereafter.”

Leonen voted to “partially grant” Macalintal’s petition and “declare as unconstitutional” some provisions of RA 12326 for “violating the right of suffrage” when the public did not elect the incumbent officials affected by the extended term of office.

“Congress’ decision to extend an incumbent’s tenure also determines who shall continue to exercise public authority during a period when the electorate would otherwise have been afforded an opportunity to choose its representatives anew,” Leonen wrote in his 16-page concurring and dissenting opinion.

“It may fix the barangay term at five years. It may begin the new term with the next election. It may… move an election for reasons the Constitution recognizes. What it may not do is decide, in place of the people, who will govern them for a period the people never granted,” he added.

“I urge this Court to do better and protect the sacred fundamental covenant of suffrage. We owe the people that much,” Leonen said.