BSKE postponement challenged before SC

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September 29, 2026 | 12:00am

MANILA, Philippines — A legal challenge has been filed with the Supreme Court (SC), aiming to junk the law postponing anew the barangay and Sangguniang Kabataan elections (BSKE) to November 2028.

The 21-page petition for certiorari and prohibition, submitted through electronic filing on Sunday, asked the SC for a temporary restraining order and/or status quo ante order that would stop the implementation of Republic Act 12326.

RA 12326, signed by President Marcos last week and made immediately executory, reset the BSKE from Nov. 2 this year to November 2028, and raised the fixed term yet again of village and youth council officials to five years from the current four.

The petitioner, election lawyer Romulo Macalintal, also asked the SC to order the Commission on Elections to continue with its preparations for the BSKE this Nov. 2. Due to RA 12326, the Comelec stopped the filing of the certificates of candidacy, which was supposed to start yesterday.

Macalintal argued that RA 12326 “infringes the electorate’s right of suffrage by postponing the November 2026 BSKE under the guise of fixing terms” and thus must be “declared inoperative, invalid and/or unconstitutional.”

Named respondents in the petition were the Office of the President through the Executive Secretary, the Senate, the House of Representatives and the

Comelec.

In an interview with reporters yesterday, Macalintal objected to the three-year extension of the term of office of barangay and SK officials, counted from the first postponement of the BSKE in December 2025 and the second one in November this year.

He also contested the statement by Presidential Communications Undersecretary Claire Castro who said President Marcos signed into law the postponement of the BSKE because both he and the lawmakers saw the importance of barangay and SK officials in local governance, particularly in maintaining peace and order and cleanliness in communities.

“Is that the duty of these people (BSKE officials) to warrant another postponement of elections? If that is the case, then this postponement will never end,” he maintained.

He also alleged the law was a form of “political consideration” for lawmakers to gather support from barangay officials should they seek reelection in 2028.

Palace to comply

Sought for comment, Malacañang said it will abide with the SC’s ruling on Macalintal’s petition.

Castro said the Office of the President has yet to receive a copy of the petition.

“Whatever the Supreme Court orders, we will comply,” she assured the public yesterday. — Helen Flores