Comelec: Not enough time to hold barangay, SK polls if SC issues TRO

MANILA, Philippines — The Commission on Elections (Comelec) may no longer be able to hold the Nov. 2 barangay and Sangguniang Kabataan (SK) elections if the Supreme Court (SC) issues a temporary restraining order (TRO) order on the postponement of the electoral exercise, Comelec Chairperson George Garcia said Monday.

Garcia made the remark during the Senate finance committee hearing of the Comelec’s 2027 budget.

Following a petition filed before the SC seeking to declare Republic Act 12326 unconstitutional and to stop the postponement of the elections, Senate President Pro Tempore Vicente Sotto III asked Comelec how it would respond if a temporary restraining order (TRO) is issued.

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Without wanting to preempt the decision of the SC, Garcia said, “Mukha pong, hindi namin kayang mag-November 2, Mr. Chair,”

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(It seems we will not be able to hold the elections on November 2, Mr. Chair.)

Halted preparations

Garcia said Comelec had already stopped its preparations for the Nov. 2 elections following the enactment of the new law extending the terms of barangay and SK officials to five years and moving the elections to November 2028.

He said the Comelec had also halted activities related to the filing of certificates of candidacy, which was originally scheduled to run until Oct. 5.

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“Alam po natin na hindi po kami kaagad, Mr. Chair, your honors, na kinabukasan o Wednesday ay mag-iisyu kaaagad ng resolution na filing tayo ng candidacy. Meron po tayong  yung information dissemination sa mga kababayan natin sa buong bansa. And therefore, baka po abutin yun ng mga hanggang dalawang linggo,” he explained.

(“We know that we cannot immediately, Mr. Chair, your honors, issue a resolution the following day, Wednesday, regarding the filing of candidacies. We also have to conduct information dissemination among our fellow citizens across the country. And therefore, that alone could take up to around two weeks,”)

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In case it happens

Garcia, however, said Comelec was preparing for possible action by the Supreme Court.

Under the Omnibus Election Code, he said Comelec has limited authority to postpone elections in cases involving terrorism, violence, or force majeure.

“Nabanggit ko na rin po sa  SC, nung magkaron po kami ng oral arguments, sabi ko po, any of your decision or your order may be construed, interpreted by COMELEC as a force majeure,” Garcia said.

(I already mentioned to the Supreme Court during the oral arguments that any of the court’s decision or order may be construed, interpreted by Comelec as a force majeure,)

He said Comelec may then use its authority to extend the election period for 30 days after the situation prompting the force majeure has ended.

Prepared

However, Garcia said that the Comelec will act depending on whatever order the high court decides.

“Whatever the Supreme Court will release by tomorrow, the Comelec is prepared, just in case,” Garcia reaffirmed.

Garcia also told senators that the Comelec had already spent around P8 billion for preparations for the 2026 barangay and SK elections.

He said much of the election materials and equipment would not necessarily go to waste if the eletions are reset, as ballots and other procured supplies could still be used, provided they are properly stored.

Meanwhile, Garcia said the roughly P11 billion in unexpended funds from the postponed elections could be used for preparations for the 2028 national and local elections under the new law.

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Sen. Panfilo “Ping” Lacson then subsequently approved a motion made by Sen. Bong Go to recommend Comelec’s budget for consideration by the plenary. /gsg