Macalintal asks SC to stop 2028 postponement of BSK

September 28, 2026

By ABOGADO.COM.PH Staff

Election lawyer Romulo Macalintal on Monday asked the Supreme Court (SC) to immediately stop the implementation of Republic Act No. 12326, which postpones the barangay and Sangguniang Kabataan (SK) elections to November 2028.

In a 20-page petition, Macalintal and fellow lawyers Antonio Carlos B. Bautista, James Kenneth P. Adolor and William C. Kyle Santos sought a temporary restraining order (TRO) and a status quo ante order while asking the SC to declare RA 12326 unconstitutional and invalid.

Named respondents were the Office of the President through the Executive Secretary, the Senate, the House of Representatives and the Commission on Elections (Comelec).

Macalintal also asked the SC to direct the Comelec to continue preparations for the November 2, 2026 BSKE elections in case the Court rules in their favor.

The petitioners argued that RA 12326 violates the constitutional right to suffrage by depriving voters, including new registrants, of the opportunity to elect barangay officials in 2026.

They also questioned the law’s transitory provision, which they said effectively extends the terms of incumbent barangay officials by two years while preventing them from running for another term.

The petitioners further argued that allowing incumbent barangay officials to remain in office through legislative action amounts to a “legislative appointment” that violates the Constitution.

They asked the SC to conduct a special raffle of the petition so their plea for a TRO or status quo ante order could be acted upon immediately.#