MANILA, Philippines — The Commission on Elections (Comelec) can no longer set a new date for the postponed barangay and Sangguniang Kabataan elections (BSKE) originally scheduled for Nov. 2, leaving Congress to determine when the polls will be held.
In an interview, Comelec Chairman George Garcia said the poll body may reschedule elections within 30 days only if the postponement is declared before the scheduled election day.
He made the clarification following election lawyer Romulo Macalintal’s motion for partial reconsideration of the Supreme Court ruling upholding the constitutionality of Republic Act 12326, which extends the terms of barangay officials to five years and sets the next BSKE on Nov. 13, 2028.
Garcia said that even if the Supreme Court reverses its earlier ruling, the Comelec may no longer have the authority to set a new date for the postponed elections.
“Under the law, if an election is postponed before the scheduled election day, we may set a new date, provided that it does not exceed 30 days from the original schedule,” he said. “However, once the scheduled election day has passed, even if a decision is issued, the Comelec may no longer have the authority to set a new date.”
He said Congress would have to determine the new election schedule if the Supreme Court reverses its decision.
‘No-el in 2028 unlikely’
Meanwhile, lawyer Ralph Sarmiento, who specializes in constitutional law, said postponing the national elections in 2028 will be unlikely following the deferment of the BSKE.
He pointed out that the 1987 Constitution has fixed the schedule of the election of national officials.
“Technically, it is highly likely that postponement will not happen with respect to the presidential and national elections because there are clearer provisions in our Constitution,” he said in an interview on The STAR’s online show “Truth on the Line.”
The Constitution declares that election for president, vice president, senator and member of the House of Representatives “shall be held on the second Monday of May,” with one term of six years for president and vice president, two terms of six years each for senator, and three terms of three years each for member of the House.
Previously, Macalintal expressed fear that a no-election or “no-el” scenario might happen, warning that lawmakers may also move to defer the May 2028 national elections.
Garcia said the Comelec is preparing for the next BSKE scheduled for Nov. 13, 2028, giving assurance that election materials procured for the postponed polls have been properly secured.
He said the commission had arranged with suppliers to safeguard election materials, including pens and indelible ink, and ensure their replacement in case of damage.
On voter registration, Garcia expressed confidence that the Comelec would surpass its target of registering three million voters for the 2028 elections.
Nearly 37,000 people registered nationwide on the first day of the registration period, with the number reaching almost 80,000 in the first two days, Garcia said.
He noted that registration turnout remained high on the third day, with some registration centers, including those in shopping malls, struggling to accommodate applicants before closing time.
He attributed the turnout partly to the participation of young Filipinos, particularly those aged 17 and 18, as well as applicants seeking to transfer their registration.
Garcia also cited the demand for voter certification, which the Comelec now provides for free, as another factor drawing applicants to registration centers.– Ghio Ong