Macalintal to seek SC reconsideration of BSKE ruling

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Election lawyer Romulo Macalintal on Monday said he would file a motion for reconsideration (MR) of the Supreme Court's decision upholding the law that postponed the Barangay and Sangguniang Kabataan Elections (BSKE) and extended the term of incumbent barangay officials.

"Ako'y maghahain ng motion for reconsideration at iyan ay pinapayagan sa ating rules," Macalintal told Super Radyo dzBB.

(I will file a motion for reconsideration, which is allowed under our rules.)

Macalintal said he plans to file the motion this week.

"Inaayos ko na lamang yung presentation, yung format ng gagawin ko whether to ask for a total MR or a partial MR na kung saan bibigyan ko ng win-win formula ang ating SC sa bagay na ito," he said.

(I'm just finalizing the presentation and format of my motion, whether to seek a full or partial reconsideration, in which I will offer the SC a win-win formula.)

He said he may ask the SC to uphold its ruling that declared unconstitutional the provision of Republic Act No. 12326 granting Congress the authority to fix the term of office, while maintaining its ruling on the provision postponing the elections.

"Maaari natin sabihin sa SC na 'okay, you declared unconstitutional yung RA 12326 na nagbibigay ng kapangyarihan na to fix the term of office' pero declared naman na unconstitutional yung bahaging nagpo-postpone ng halalan" so parehong panalo. Panalo ang kongreso, panalo ang tao," he added.

(We can tell the SC that it declared unconstitutional the provision of RA 12326 granting the authority to fix the term of office, while also declaring unconstitutional the portion postponing the elections. That way, both sides win. Congress wins, and the people win.)

In a 33-page decision, the SC dismissed Macalintal's petition challenging the constitutionality of the law.

The High Court said the law's primary purpose was to fix the term of office rather than postpone the elections. It also ruled that the guidelines established in its 2023 decision on a petition filed by Macalintal did not apply to the case.

President Ferdinand Marcos Jr. signed Republic Act No. 12326 into law in September, effectively postponing the BSKE, setting the term of office of barangay and Sangguniang Kabataan officials at five years and moving the next elections to 2028.— MCG, GMA News

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