Macalintal asks SC to void BSKE postponement law, revive Nov. 2 polls

MANILA, Philippines — Election lawyer Atty. Romulo B. Macalintal has asked the Supreme Court to declare unconstitutional Republic Act No. 12326, the law that postponed the 2026 Barangay and Sangguniang Kabataan Elections (BSKE) to 2028.

Macalintal filed a petition for certiorari and prohibition before the Supreme Court on September 27, seeking to block the implementation of the law and revive preparations for the elections originally scheduled for November 2, 2026.

A copy of the petition reviewed for this report was obtained through the Batas PH Facebook page.

In his petition, Macalintal asked the Supreme Court to immediately conduct a special raffle of the case so it could be taken up without delay. He also sought the issuance of a status quo ante order, temporary restraining order (TRO), and/or writ of preliminary injunction against the implementation of RA 12326.

Macalintal further asked the Court to direct the Commission on Elections (Comelec) to continue preparations for the November 2 polls in a manner that would ensure “clear, honest, and credible” barangay and SK elections.

Should the November 2 elections no longer be feasible because of time constraints, the petition asks the Court to direct that the elections be held on a date reasonably close to November 2, 2026, pursuant to the Omnibus Election Code.

BSKE postponed to 2028

The petition comes after President Ferdinand R. Marcos Jr. signed RA 12326 into law on September 24, 2026, moving the next regular BSKE from November 2, 2026 to the second Monday of November 2028.

The law also fixes the terms of elected barangay and Sangguniang Kabataan officials at five years, with succeeding elections to be held every five years.

Following the signing of the law, Comelec Chairman George Garcia announced that the poll body would halt its preparations for the November 2026 BSKE, including the scheduled filing of certificates of candidacy.

Macalintal's petition specifically asks the Supreme Court to declare RA 12326 inoperative, invalid and/or unconstitutional insofar as it postpones the November 2, 2026 BSKE.

He also asked the Court to direct Comelec to resume its preparations for the 2026 elections. If the original date could no longer be met, he proposed holding the polls on a date reasonably close to November 2.

The petition also asks that, should incumbent barangay officials assume office in a holdover capacity, the Court issue a status quo ante order directing them to observe the status quo before their appointment or installation as holdover officials, or to cease and desist from performing such functions until further orders from the Court.

The Supreme Court filing adds another legal challenge to the newly enacted BSKE postponement law. Other groups, including the National Citizens' Movement for Free Elections (NAMFREL), have also announced plans to question the postponement before the high court.