Namfrel eyes filing petition vs postponement of 2026 barangay, SK elections

Women cast their vote at Pasong Tamo Elementary School in Quezon City during the automated mock barangay and Sangguniang Kabataan (SK) elections on August 8, 2023.

STAR / Michael Varcas

MANILA, Philippines — The National Citizens' Movement for Free Elections (NAMFREL) said it is planning to file a petition for certiorari before the Supreme Court challenging the postponement of the Barangay and Sangguniang Kabataan Elections (BSKE).

In an interview with DZBB on Sunday, September 27, NAMFREL Secretary General Eric Alvia said that the law is unconstitutional, arguing that it directly infringes upon the public's constitutional right to vote and choose their leaders.

“Alam namin na yung batas na 'to eh medyo unconstitutional,” Alvia said.

(We know that this law is somewhat unconstitutional.)

“itong halalan na 'to ay pang siyam na beses na 'to ah pinostpone simula nung 1994. Paulit-ulit na lang itong halalan na 'to na ginagalaw at kinakait sa atin 'no 'yung karapatan natin na bumoto na siyang nakalagda sa ating konstitusyon,” he added.

(This election has been postponed nine times now since 1994. Time and again, this election is being altered, depriving us of our right to vote as enshrined in our Constitution.)

Alvia cited the landmark June 2023 Supreme Court ruling in Macalintal vs. COMELEC, which explicitly states that the BSKE should not be easily moved unless there are compelling reasons, such as a public health pandemic or natural disasters.

“Kung yung mga ganitong rason na binibigay nila na ‘makakatipid daw’ o kaya ‘dahil may election fatigue’ o kaya kailangan daw ‘patuparin yung mga proyekto na hindi pa tapos,’ hindi ito masyadong sapat na rason ayon sa Supreme Court,” he said.

(If these reasons they are giving—such as 'saving money,' 'election fatigue,' or the need to 'finish pending projects'—are all they have, these are not sufficient grounds according to the Supreme Court.)

President Ferdinand Marcos Jr. signed the most recent BSKE postponement law on Friday, September 25, moving the barangay and Sangguniang Kabataan elections from November 2026 to Nov. 13, 2028.

It also extended the term of incumbent officials from four to five years.

The Commission on Elections immediately canceled all 2026 BSKE preparations, including the filing of certificates of candidacy that had been set for September 28.