The Supreme Court (SC) has directed respondents in the petition filed by election lawyer Romulo Macalintal to file their comments on his plea to declare Republic Act (RA) No. 12326 unconstitutional and stop the postponement of the barangay and Sangguniang Kabataan (SK) elections.
Named respondents in the petition were the Office of the President, the Senate, the House of Representatives, and the Commission on Elections.
During Wednesday’s full court session, the SC told respondents to comment on the petition as well as on the prayer of Macalintal to issue a temporary restraining order or a status quo ante order against the implementation of Republic Act (RA) 12326 that extends the term of office for barangay an SK officials to five years.
Respondents were given 5 days upon receipt to submit their comment.
The SC directed the respondents to comment on the petition for certiorari and prohibition filed by Romulo Macalintal challenging the constitutionality of RA12326, as well as his request.
RA 12326, enacted on Sept. 24, 2026, fixed the terms of barangay officials and members of the Sangguniang Kabataan to five years and postponed the November 2026 Barangay and Sangguniang Kabataan Elections (BSKE) to November 2028.
In his 26-page petition filed on Monday, Macalintal urged the SC to issue an immediate temporary restraining order or a status quo ante order to stop the implementation of RA 12326.
Macalintal argues that the new law violates the electorate’s right to vote by postponing the 2026 BSKE under the guise of fixing officials’ terms of office. He claimed that it effectively allows incumbent barangay and SK officials to ‘hold over’ their positions for three years, or from December 2025 to November 2028.
He said the 2026 elections were already delayed because the last BSKE election was held Oct. 30, 2023, with the succeeding election supposedly set for December 2025.
This is the third time that Marcos has signed a law amending the BSKE law.