Junk petition vs BSK poll postponement, SC asked

MANILA, Philippines — The Liga ng mga Barangay ng Pilipinas has asked the Supreme Court (SC) to affirm the constitutionality of a law that postponed the holding of the barangay and Sangguniang Kabataan elections (BSKE) and extended the term of incumbent village officials.

In a 35-page motion, the organization of barangay officials asked the SC to dismiss a petition filed by election lawyer Romulo Macalintal, who sought to strike down as unconstitutional Republic Act (RA) 12232.

The law deferred the holding of the barangay and SK elections from Dec. 1 this year to Nov. 2, 2026.

Macalintal sought a temporary restraining order and/or status quo ante order directing the respondents to cease and desist from implementing RA 12232 or to observe the status quo before the law’s passage.

The league said the law was constitutional and that Macalintal failed to show that the enactment of RA 12232 into law will violate the Constitution.

The group said the law did not postpone the elections, but merely corrected the term of barangay and SK officials as provided under Sections 3 and 8 of Article X and Section 1 of Article I of the Constitution.

The group said that if the barangay and SK elections are to be conducted this December, the term of office of BSK officials will only be two years, when it was supposed to be three years for three consecutive terms.

This, however, happened in compliance with a Supreme Court ruling that declared as unconstitutional the prolonged postponement of the BSKE, which was last held in October 2023.

The SC has required the Senate, the House of Representatives, the Office of the President and the Commission on Elections (Comelec) to submit their comments on Macalintal’s petition.

BARMM sectoral representation

Meanwhile, a group has urged the Bangsamoro Transition Authority (BTA) to address pertinent issues before planning to conduct elections for sectoral representatives.

The Independent Election Monitoring Center (IEMC) said the BTA must first address provisions in the guidelines that may come in conflict with the electoral code.

“This is to ensure a lawful and fair sectoral representation in the Bangsamoro parliament. There is an urgent need for guidelines for the conduct of assemblies to elect sectoral representatives and to align these with the Bangsamoro Electoral Code and its implementing rules and regulations,” the IEMC said.

The group cited varying interpretations and enforcement of the four-percent vote threshold required for political parties to qualify for seats.

The IEMC said it is supporting a decision of the Comelec to proceed with the scheduled Bangsamoro parliamentary elections on Oct. 13, even if the BTA will enact a law redistricting and reapportioning seats originally allocated to Sulu.

“Further postponement of the Bangsamoro parliamentary elections would unjustly delay the establishment of an elected regional government, which is a key component of the Comprehensive Agreement on the Bangsamoro and the Bangsamoro Organic Law,” the IEMC said.

The Comelec has suspended the printing of official ballots for the Bangsamoro parliamentary elections after the BTA passed a bill redistricting the autonomous region.

The poll body is planning to hold organizational assemblies for the election of sectoral representatives in September. — Mayen Jaymalin