SC asks Palace, Congress, Comelec to comment on BSKE postponement law

September 30, 2026

By ABOGADO.COM.PH Staff

The Supreme Court has directed Malacañang, both houses of Congress and the Commission on Elections (Comelec) to comment on a petition challenging the constitutionality of the law postponing the 2026 barangay and Sangguniang Kabataan (SK) elections to November 2028.

In an order covering G.R. No. E-08557, the SC gave the Office of the President through the Executive Secretary, the Senate, the House of Representatives and the Comelec a non-extendible period of five calendar days from notice to respond to the petition filed by election lawyer Romulo B. Macalintal.

Macalintal is challenging Republic Act No. 12326, signed into law on Sept. 24, 2026, which sets the terms of barangay and SK officials at five years and moves the November 2026 BSKE to November 2028.

He also asked the SC to issue a temporary restraining order (TRO) and/or status quo ante order to stop the implementation of the law.

Macalintal argued that the law violates the constitutional right to vote by preventing voters from electing new barangay and SK officials in 2026.

He claimed the law effectively allows incumbent barangay and SK officials to remain in office beyond their original terms, resulting in a three-year holdover period from December 2025 to November 2028.

Macalintal asked the SC to order the Comelec to continue preparations for the Nov. 2, 2026 BSKE should the Court rule in their favor.#