By Rodolfo Dacleson II
(June 19, 2025) – Election lawyer Romulo Macalintal on Thursday warned that the proposed measure postponing the 2025 Barangay and Sangguniang Kabataan Elections (BSKE) may violate the 1987 Constitution.
Last week, both chambers of Congress ratified the bicameral conference committee report of Senate Bill No. 2816 and House Bill No. 11287, which will postpone this year’s BSKE from December 2025 to the first Monday of November 2026.
Macalintal said the ratified bill, now awaiting President Bongbong Marcos’ signature, would improperly extend the term of the incumbent barangay officials.
“‘Yung nilalabag na probisyon ng Saligang Batas: walang karapatan ang Kongreso na mag-extend ng term of office ng mga barangay officials, sapagkat sila ay dapat inihahalal ng taong bayan at hindi parang ina-appoint na lamang,” he said in an interview with Ted Failon and DJ Chacha sa True FM.
Moreover, Section 8 of Article X of the 1987 Constitution states that Congress cannot use its power to propose a bill changing the length of barangay officials’ terms to extend the term of current officials elected under a different timeline.
Macalintal argued that resetting the term of barangay officials from three years to four years under the ratified measure cannot be used to justify postponing scheduled elections, citing the ruling of the Supreme Court in his petition in 2023.
The high court declared unconstitutional Republic Act No. 11935, which postponed the initial schedule of the last BSKE in December 2022 to the last Monday of October 2023, arguing the “shortness of the existing term” is an insufficient reason to justify the postponement.
“Sabi ng Korte Suprema, bago ka magkaroon ng postponement, dapat merong sufficient government interest o public emergency. Wala namang public emergency. Sabi ng principal author na si Sen. Imee Marcos, kaya lang daw may postponement ay [merely] incidental lamang,” said Macalintal.
On Monday, Imee Marcos appealed to her brother, Bongbong, to sign the SBN 2816 for the Commission on Elections to focus on the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) polls in October.
(BR)
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