Election lawyer Romulo Macalintal has urged President Ferdinand Marcos Jr. to veto the enrolled bill postponing the Nov. 2, 2026 Barangay and Sangguniang Kabataan Elections (BSKE), saying that the measure would violate voters’ constitutional right to suffrage.
In an urgent letter-petition to Marcos, Macalintal said postponing the elections would effectively extend the terms of incumbent barangay and SK officials without a fresh mandate from the electorate.
He cited the Supreme Court’s ruling in Macalintal v. COMELEC (G.R. No. 263590), which established that regular and periodic elections are essential to the exercise of the people’s right to suffrage.
Macalintal argued that the incumbent officials, elected on Oct. 30, 2023, received their mandate under Republic Act No. 12232, which provides for a four-year term.
He said Congress has no sufficient basis to extend their tenure to five years particularly since the four-year term under the law has not yet been tested.
“While this measure attempts to bypass settled Supreme Court doctrines through semantic wordplay, its true effect is undeniable: the unconstitutional postponement of an imminent election and the forced extension of incumbent tenures without a fresh mandate from the people,” Macalintal said.
He also questioned the justification for postponing the polls, saying election postponement should be allowed only under substantial and compelling circumstances such as genuine emergencies or force majeure.
Macalintal said the legislative record lacked sufficient empirical basis for the postponement, while reasons cited during congressional deliberations, including an alleged oil crisis, foreign wars and funding concerns, did not meet the constitutional standard.
He also pointed out that the Commission on Elections (COMELEC) has repeatedly declared itself ready for the Nov. 2 elections with ballots already printed and about P8 billion reportedly spent for preparations.
Macalintal further challenged the bill’s provisions extending the terms of incumbent officials and allowing them to hold over, saying these effectively give unelected officials extended authority.
He also claimed the measure violates the Constitution’s one-subject rule under Article VI, Section 26(1) because the bill goes beyond fixing terms and also cancels the scheduled election and imposes hold-over provisions.
If Congress wants to change the terms of barangay and SK officials, Macalintal said the change should instead apply prospectively to those who will be elected in the scheduled Nov. 2 polls.
“This less restrictive path would have fulfilled term-setting goals without trampling upon the electorate’s fundamental right to choose their grassroots leaders,” he said.
Macalintal also asked Marcos and his legal advisers to grant him a personal audience before deciding on the measure.