Supreme Court asked to strike down law postponing 2025 Barangay, SK polls

Longtime election lawyer Romulo Macalintal filed a petition for certiorari and prohibition before the Supreme Court on Friday, August 15, questioning the legality of Republic Act 12232, signed by President Bongbong Marcos two days earlier.

In his petition, Macalintal argued that the law violates the constitutional rule requiring legislative measures to cover only one subject, which must be clearly stated in the law’s title.

He said the measure primarily seeks to extend the term of barangay and SK officials to four years, with barangay officials permitted to serve up to three consecutive terms and SK officials only one term in the same position.

The law also sets the BSKE every four years starting in November 2026, effectively postponing the December 2025 elections to next year and allowing incumbent officials to remain in office until their successors are elected. This specific postponement, however, was not mentioned in the law’s title.

Republic Act 12232 is merely titled “An Act Setting the Term of Office of Barangay Officials and Members of the Sangguniang Kabataan, and for Other Purposes.” No word of postponement or moving the BSKE was even stated in the law itself, Macalintal contended.

Section 2 of the law merely states that “the next regular barangay and Sangguniang Kabataan elections shall be held on the first Monday of November 2026 and every four (4) years thereafter.”

It doesn’t insist that setting the date to next year effectively defers the December 2025 BSKE that was originally scheduled.

“As if rammed down on one’s throat, Section 2 of RA 12232 unwarrantedly imposes upon the electorate that, whether we like it or not, the next BSKE will be held on November 2, 2026, All Souls Day,” Macalintal said in his petition, stressing how the law failed to recognize the December 2025 schedule.

“It is a clear violation of the people’s right to suffrage and a violation of their right to information affecting their constitutional right,” he added.

For the election lawyer, the postponement has no valid basis and is not grounded on any “objective and reasonable criteria.” He added that setting it on the first Monday of November 2026 — which falls on All Souls’ Day — shows the bill was not thoroughly studied.

Macalintal also cited the Supreme Court’s earlier ruling that declared Republic Act 11935 unconstitutional for lacking a valid basis to postpone the December 2022 BSKE.

He said Marcos’ reasoning that the Commission on Elections “couldn’t handle” back-to-back elections after the 2025 midterms was weak, especially since Comelec Chair George Garcia had assured that preparations were already in “full blast.”

Macalintal also raised objections to Congress’ decision to prolong the tenure of barangay and SK officials. He referred to past judicial opinions stating that only hold-over arrangements are allowed, and extending terms through legislation would “violate the democratic underpinning of our governmental system.”

The retroactive application of the law, which allows incumbent barangay and SK officials to remain in their posts until new officials are elected, is also unconstitutional, he added.

The petition also asked the Supreme Court to issue immediate relief measures — including a status quo ante order, temporary restraining order, or writ of preliminary injunction — to allow Comelec to proceed with the 2025 BSKE.

He also urged the high court to hold a special raffle for the petition to be resolved quickly.

Garcia said on Thursday that the Comelec will proceed with preparations for the December BSKE despite the signing of the law, and will halt only if the Supreme Court upholds its constitutionality.

Without a TRO, the poll body would be compelled to suspend preparations and resume in October 2026, he added. — Dominique Nicole Flores