ELECTION-LAWYER Romulo Macalintal on Monday filed a petition before the Supreme Court (SC) seeking the immediate issuance of a temporary restraining order (TRO) enjoining the implementation of Republic Act No. 12326, which postpones the upcoming barangay and Sangguniang Kabataan (SK) elections to November 2028.
In his 20-page petition filed electronically, Macalintal also asked the Court to order the respondents to observe status quo pending the resolution of its petition which also sought to declare RA 12326 invalid and unconstitutional.
Named respondents were the Office of the President through the Executive Secretary, the Senate, the House of Representatives, and the Commission on Elections (Comelec).
Macalintal was joined by lawyers Antonio Carlos B. Bautista, James Kenneth P. Adolor, and William C. Kyle Santos as petitioners.
Republic Act (RA) No. 12326 was signed into law by President Marcos last September 24 which amended RA 12232, which postponed the December 1, 2025 BSKE elections scheduled on November 2, 2026. Aside from postponing the upcoming BSKE elections, RA No, 12326 set the next BSKE elections to the second Monday of November 2028, and every five years thereafter.
In his petition, Macalintal also asked the Court to direct the Comelec to continue with its preparations for the November 2, 2026 BSKE elections ‘in a manner that will ensure clear, honest, and credible’ in the event that it rules in favor of his petition.
The petitioners noted that the majority of the people are against the postponement of the BSKE.
The petitioners said RA12326 violates the voters’ right to suffrage as enshrined in the Constitution.
‘The apparent extension of the term of the incumbent barangay officials denies registered voters, including new registrants, the scheduled opportunity to selec their officials in November 2026,’ the petitioners stressed.
The petitioners also questioned the constitutionality of the ‘transitory provision’ of RA 12326, which will deprive incumbent barangay officials of the opportunity to run for another term.
They noted that the assailed law failed to amend Section 4 of R.A. 12232 which governs holdovers.
Section 4 provides that incumbent barangay officials ‘shall remain in office, unless sooner or removed or suspended for cause, until their successors shall have been elected and qualified.’
‘In other words, while the retained Section 4 of R.A. No. 12232 provides that incumbent barangay officials continue in office in a holdover capacity or a mere ‘extension of tenure’ of their office, Section 5 of R.A. No. 12326 provides, or concludes, that these incumbent barangay officials receive an extension of their terms by two years,’ the petition read.
‘The Transitory Provision therefore assumes the existence of a substantive two-year term extension without identifying the operative provision by which that extension was clearly unequivocally granted,’ it added.
Likewise, the petitioners said Congress’ habit of allowing incumbent barangay officials to hold over in their positions is tantamount to a ‘legislative appointment,’ which violates the Constitution.
The petitioners also asked the Court to conduct a special raffle of their petition in order for its prayer for a TRO and/or a status quo ante order be acted upon immediately.