Election lawyer Romulo Macalintal flagged the move to postpone the barangay and Sangguniang Kabataan (SK) elections scheduled for November, saying this is unconstitutional and will waste P8 billion already spent for the preparations for the polls.
Macalintal said he is ready to challenge this before the Supreme Court if approved.
Macalintal said the postponement, which would effectively extend the incumbent officials’ term, has no strong basis and is only being made for “political considerations.”
“Iyang mga postponement na iyan, ginagawa yan ng mga politiko para magkaroon ng utang na loob sa kanila yung mga barangay officials na ito. Sasabihin nila, ako tinulungan ko kayo na ma-extend ang mga term ninyo,” Macalintal said on Bilyonaryo News Channel’s “MEMO with Korina.”
One of the bills that would postpone the elections proposes a five-year term for barangay and SK officials.
There is also a separate bill for the postponement alone.
Macalintal pointed out that the law extending barangay and SK officials’ terms from three to four years was only recently passed.
He also said no compelling reason has been given to reset the polls.
Citing jurisprudence, he said resetting elections should only be done for very serious reasons involving government interest.
He rejected the reason that the energy crisis and high prices of fuel and goods justify the proposal. If this were the case, then the Bangsamoro elections should not be held as well, he added.
National and local elections were also held during the global pandemic, he pointed out.
Macalintal said there would be greater damage to the government if the polls are postponed since the Commission on Elections has spent P8 billion for the preparations for the November 2 elections.
“Para sa kanila parang balewala yung P8 billion. Para sa kanila, okay lang na i-anod na sa baha yung P8 billion na ito para lamang mapagbigyan ang kanilang political agenda,” he said.
A bigger amount would also be spent for new elections since the cost of materials will surely increase, he added.
He said that if lawmakers want to extend barangay and SK officials’ term to five years, the November polls could still push through and the longer term would apply to the newly-elected officials.
“Bakit gagawan mo ng retroactive effect? Kailangan prospective effect ang nasabing pag-aapply ng batas,” he said.