‘Comelec can set new BSKE date without new law’

MANILA, Philippines — Election lawyer Romulo Macalintal has disputed Commission on Elections (Comelec) Chairman George Garcia’s position that Congress must pass a new law to set the date of the barangay and Sangguniang Kabataan Elections (BSKE) if the Supreme Court reverses its ruling upholding the postponement of the polls to 2028.

In a statement, Macalintal said the poll body could independently schedule the elections under Sections 5 and 6 of the Omnibus Election Code, which provide for the conduct of postponed or failed elections within 30 days after the cause of postponement ceases to exist.

He argued that a reversal of the high court’s ruling would remove the legal impediment to holding the elections, allowing Comelec to set a new date without waiting for congressional action.

“Thus, if the Supreme Court reverses its decision and allows the postponed election to proceed, Comelec will have 30 days from the date of that final ruling to set the poll. This is so because on that date, the impediment or cause of postponement ceases to exist legally,” Macalintal said.

Garcia, however, maintained that the Comelec’s authority to postpone elections applies only before the scheduled election day.

“If the scheduled date for the actual conduct of the elections has not yet passed, that is why it is called a postponement. How can you postpone an activity if its scheduled date has already passed? That is the authority of Comelec,” Garcia told The STAR.

Garcia also cited the Bangsamoro region, where Congress set the date of the elections following their postponement.

Macalintal, however, argued that requiring Congress to set another election date following a Supreme Court reversal would undermine the effect of a judicial ruling invalidating the postponement.

“This grants the legislature unchecked power over election scheduling. For instance, if a postponement law is enacted just days before the scheduled polls, leaving virtually no time to question its constitutionality, the public is left without recourse. Subjecting a court-ordered election back to congressional approval would ensure that no such election ever proceeds,” he said.

The election lawyer also cited the Supreme Court’s 2025 ruling in Hagerdon v. House of Representatives, which he said recognized Comelec’s authority to conduct special elections without waiting for a House resolution.

According to Macalintal, the high court affirmed Comelec’s duty to conduct a special election within 60 days of a legislative vacancy.

He said that the same principle should apply to the BSKE, with the poll body able to schedule the elections without congressional intervention if the court reverses its earlier ruling.

The dispute stems from Republic Act 12326, which moved the BSKE from November 2026 to November 2028.