TARLAKENYO — Veteran election lawyer Romulo Macalintal filed a petition for certiorari and prohibition with the Supreme Court on September 28, seeking to nullify the two-year postponement of the Barangay and Sangguniang Kabataan Elections and asking the High Court to immediately issue a temporary restraining order to stop the law from taking effect.
The petition challenges Republic Act No. 12326, signed by President Ferdinand Marcos Jr. on September 24, which moves the polls from November 2, 2026 to November 2028 and extends the terms of barangay and SK officials from three to five years. Named as respondents are the Office of the President, the Senate, the House of Representatives, and the Commission on Elections.
Macalintal: Three years is too long
Macalintal argued that the elections had already been postponed from December 2025 to November 2026, giving incumbents a one-year extension. The new law adds another two years, meaning sitting officials will have served three additional years while voters wait three years to cast their ballots.
“The Supreme Court has said elections can be postponed, but not for too long. Three years is too long,” he said.
In an interview, Macalintal did not mince words against barangay officials who celebrated the postponement. “Nakakalungkot naman na mga barangay officials na nagdiriwang. Nagdiriwang sila sa pagtanggal ng ating mga karapatan... Kaya ‘yong mga nagdiriwang, ‘wag ninyong ipagdiwang ang pagkamatay ng demokrasya,” he said.
He stressed that the fight is not just for the present generation. “Hindi lang para sa ngayon ito, ang labang ito. Para sa ating mga apo at mga apo natin sa hinaharap. Kasi balang araw, tatanungin tayo, ‘Ano’ng ginawa ninyo? Bakit pinayagan ninyo nang pinayagan? Wala na ba tayong magagawa?‘”
Petition cites unconstitutional title, rushed process
Macalintal also questioned the law’s constitutionality, saying its title claims it merely fixes the term of barangay officials to five years when it actually postpones the elections, violating the single-subject requirement. He criticized the rushed process signed September 24, published September 25, effective immediately while certificate of candidacy filing was set to begin September 28.
The petition asks the Court to issue a status quo ante order or temporary restraining order, and to direct the Comelec to continue preparations for the November 2, 2026 elections or hold them on a date reasonably close to that date. Macalintal also moved for a special raffle so the case can be assigned to a ponente without delay.
“Ang ating prayer dito, una, mag-issue ng temporary restraining order na ‘wag ipatupad ang nasabing kautusan o batas. Pangalawa, habang may TRO, atasan ang COMELEC na ipagpatuloy ang kanilang paghahanda para hindi maaksaya ang panahon at para maprotektahan ang ating karapatan bilang mga botante,” he said.
Macalintal won a similar case in 2023
This is not the first time Macalintal has challenged a barangay election postponement. In 2023, the Supreme Court granted his petition and declared Republic Act No. 11935 which postponed the December 2022 BSKE to October 2023 as unconstitutional for violating the freedom of suffrage, failing substantive due process, and being attended with grave abuse of discretion. It established that any postponement must not be unreasonable or unduly long, and must be supported by a compelling reason.
Comelec Chairman George Erwin Garcia said the Commission must comply with the law unless the Supreme Court issues a restraining order. The Comelec has cancelled all related activities, including the filing of certificates of candidacy set for September 28 to October 5, and disclosed it had already spent P8 billion for the 2026 polls.
This is the eighth postponement of barangay elections in Philippine history. Election watchdog LENTE had urged Marcos to veto the measure, calling it “unconstitutional” and “directly contrary to the principle of accountability,” while opposition lawmakers warned that repeated postponements would only worsen patronage politics.
At the heart of this case is a simple principle: the people’s power to choose their leaders must always prevail, and any delay in elections weakens accountability and democracy. As Macalintal’s petition reminds us, the right to vote is not a privilege granted by the state but a sovereign power exercised by the people.
