Macalintal says to bring BSKE postponement to SC

MANILA, Philippines — Election lawyer Romulo Macalintal said Friday he will bring the newly enacted law postponing the Barangay and Sangguniang Kabataan Elections (BSKE) to the Supreme Court.

“Because this measure strikes at the heart of our democracy and reflects a grave abuse of discretion, voters like me are left with no choice but to bring this matter before the Supreme Court via a Petition for Certiorari,” he said in a statement.

Macalintal said the passage of Republic Act No. 12326, or the Act Fixing the Term of Office of Barangay Officials and Members of the Sangguniang Kabataan to Five Years, was rushed.

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READ: Marcos signs BSKE postponement into law

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The law automatically sets the next BSKE for the second Monday of November 2028 and extends the terms of incumbent officials from four to five years.

“Combined, this translates to three long years where millions of Filipino voters are stripped of their fundamental right of suffrage, governed instead by local officials effectively thrust upon us through legislative appointment rather than the ballot,” he said.

He also described the move as “strategic” because it was passed ahead of the Sept. 28 deadline for filing certificates of candidacy.

The Commission on Elections on Friday officially canceled all preparations and ongoing activities, as well as the prohibitions imposed for the BSKE.

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Macalintal asserted that concerned voters were unable to seek judicial redress or a temporary restraining order because of the immediate transmission of the bill from Congress to the Office of the President.

“Rushed through Congress, transmitted to Malacañang, signed into law today (Sept. 25) — made effective upon publication — and published in the Official Gazette today also — all clearly engineered to beat the Monday, Sept. 28, deadline for filing Certificates of Candidacy (COC),” he said.

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Furthermore, he cited the 2023 Macalintal v. Comelec ruling, disputing Marcos’ remarks that the roles of village and youth officials are critically needed in governing and managing communities, particularly during disasters.

“Perennial calamities are managed year-round through established disaster frameworks and do not constitute a constitutional emergency that justifies disenfranchising the electorate by postponing the election,” he said.

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Macalintal previously filed a supplemental letter-petition seeking a presidential veto, maintaining that the BSKE postponement was “unconstitutional, vague, and defective” because it violates the constitutional right of suffrage. /das