THE Office of the Solicitor General (OSG) is ready to defend the government’s position on Republic Act No. 12326, which postponed the Barangay and Sangguniang Kabataan Elections (BSKE) to 2028 and is now being challenged before the Supreme Court (SC), Malacañang said.
Veteran election lawyer Romulo B. Macalintal has asked the High Court to issue a temporary restraining order or status quo ante order against the implementation of RA 12326, arguing that the law is unconstitutional because it violates the electorate’s right to vote.
The SC gave the respondents in Macalintal’s petition, including the Office of the President (OP), five calendar days to submit their comments.
Palace Press Officer Claire Castro said the OSG will represent the OP in the case and is awaiting a copy of the petition.
‘We spoke directly with the Office of the Solicitor General; they are just waiting for the copy of the petition,’ Castro said in Filipino at a press briefing last Thursday.
‘They are prepared to respond immediately once they receive a copy of the petition, and they will comply with the Supreme Court’s order should a response be required,’ she added.
President Ferdinand Marcos Jr. signed RA 12326 last week, extending the terms of barangay and Sangguniang Kabataan officials to five years and moving the next BSKE from November 2, 2026 to the second Monday of November 2028.
Marcos said he supported the measure because the longer terms would give barangay and SK officials more time to improve service delivery and complete their programs.
The law effectively allows barangay and SK officials elected in October 2023 to remain in office until their successors are elected and qualified following the 2028 polls.
Before RA 12326 was enacted, the Commission on Elections had already spent P8 billion on preparations for the November 2026 BSKE.