Early SC resolution on BSKE postponement seen

MANILA, Philippines —  Election lawyer Romulo Macalintal believes the Supreme Court (SC) would rule on his petition against the postponement of the barangay and Sangguniang Kabataan elections (BSKE) “in two to three weeks.”

Macalintal came up with the estimated timeline following an order from the SC directing respondents Office of the President, Senate, House of Representatives and Commission on Elections (Comelec) to file comment on Macalintal’s petition.

“I believe it will not take more than two or three weeks for the Supreme Court to take appropriate action, given the non-extendible five-day period,” he said in an interview over dzBB last Thursday.

Macalintal said the SC’s five-day period for respondents to answer his arguments was “a good sign that my petition has substance.”

He noted that the SC issued its order when it was supposedly taking a break from writing decisions last month.

“They convened a special session to hear my petition. This means the Supreme Court will fast-track the resolution of my petition and motion for a TRO (temporary restraining order),” Macalintal said.

A week ago, he filed before the SC his petition for certiorari and prohibition assailing Republic Act 12326, which “fixed” the term of office for barangay and SK officials from four years to five years, with two terms for barangay officials and one term for SK officials.

It also scheduled the local polls to November 2028, effectively cancelling the earlier schedule of Nov. 2 this year.

The high court was asked to issue a TRO or a status quo ante order to prevent the implementation of the new BSKE law.

Should the SC rule in favor of his petition, Macalintal maintained the Comelec could reschedule the BSKE this year even if it would not reach the earlier schedule of Nov. 2.

“Under the law, in the event of such supervening events beyond the Comelec’s control, the Commission has the authority to adjust the election period, subject to the order of the Supreme Court,” he explained.

Macalintal added the high court may “consider the days lost in tackling the petition in setting a new schedule for the election” that would ensure the right to vote would not be disturbed.

“The Supreme Court may order the scheduling of the election and take into account the days lost in this case. Proper adjustments will be made, and rights will not be affected. The barangay election must push through this year,” he said.