26/10/2026
The 2026 Barangay and Sangguniang Kabataan Elections (BSKE) could still push through despite a law postponing the polls to 2028, election lawyer Romulo Macalintal said Monday, Oct. 26.
“Comelec ay meron naman kapangyarihan sa ilalim ng batas na mag-adjust ng mga election period because of some circumstances beyond their control,” Macalintal said in a radio interview.
Macalintal has a pending petition before the Supreme Court (SC) seeking a temporary restraining order (TRO) or status quo ante order (SQAO) to stop the implementation of Republic Act (RA) 12326.
The law extends the terms of barangay and SK officials from four to five years and postpones the elections originally scheduled for Nov. 2, 2026, to 2028.
Macalintal said that if the SC issues a TRO or SQAO, the Comelec could determine a new election date.
“‘Yan naman ay nagawa na nila noong 2022 barangay election,” Macalintal recounted.
He cited the SC ruling declaring RA 11935, which postponed the December 2022 BSKE, unconstitutional.
“Instead of October 20, 2022 naging October 20 2023 ang naging halalan ng barangay noon,” Macalintal recalled.
Meanwhile, Macalintal filed a motion Sunday, Oct. 25, asking the SC to conduct oral arguments on his petition.
“Sinsabi ko sa Korte Suprema pag-usapan naman natin ito ng harapan na para mapabilis at malaman ng lahat kung ano talaga ang isyu dito sa usaping ito,” he said.
Macalintal maintained that Congress has no authority to postpone the BSKE, citing an earlier SC ruling outlining the circumstances under which elections may be deferred.
“Kung sakali man magpopostpone it should not be unduly long,” said the lawyer who cited the SC.
In his petition, Macalintal questioned the justification for postponing the polls, saying the extension was intended to give barangay officials more time to familiarize themselves with addressing crime and waste management.
“Kung hanggang ngayon hindi pa nila alam kung papaano pagsugpo ng krimen at ang tamang pagtatapon ng basura ay talagang hindi na tayo magkakaroon tayo ng halalan forever,” he said.
Macalintal also warned that postponing the BSKE could set a precedent for delaying the 2028 national and local elections, when Filipinos are scheduled to elect the next president and vice president.
Citing Articles VI and VII of the Constitution, he said Congress has authority over the scheduling of national and local elections.
“Kung yun nga wala tayong kapangyarihan ng barangay pinayagan tayo, mas lalo na ito,” he pointed out.
via Daily Tribune
