THE Supreme Court (SC) has directed the Executive branch to comment on the petition questioning the constitutionality of Republic Act 12326 which postpones the upcoming barangay and Sangguniang Kabataan (SK) elections to November 2028.
The Court issued the order during its regular en banc session on Wednesday where it tackled the petition filed by election-lawyer Romulo Macalintal.
The comment, according to the Court, should also cover Macalintal et al’s plea for the issuance of a temporary restraining order (TRO) or a status quo ante order or both (SQAO) to stop the implementation of RA 12326.
Named as respondents in the petition were the Office of the President through the Executive Secretary, the Senate, the House of Representatives, and the Commission on Elections (Comelec).
The Court gave them a non-extendible period of five calendar days from notice to comply with the order.
RA 12326, enacted on September 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 their petition, Macalintal, along with his co-petitioners, lawyers Antonio Carlos B. Bautista, James Kenneth P. Adolor, and William C. Kyle Santos, argued that the new law violates the electorate’s right to vote by postponing the 2026 BSKE under the guise of fixing the officials’ term 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.
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 removed or suspended for cause, until their successors shall have been elected and qualified.’
Likewise, the petitioners said the 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 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.