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Office of the Solicitor General seeks dismissal of petition challenging barangay and SK elections postponement
The Office of the Solicitor General (OSG) has formally requested the Supreme Court (SC) to dismiss a petition challenging the postponement of the Barangay and Sangguniang Kabataan Elections (BSKE) scheduled for November 2026. The petition, filed by election lawyer Romulo Macalintal on September 28, sought a temporary restraining order (TRO) against the postponement. The OSG's 64-page comment argued that the petition should be dismissed for violating the hierarchy of courts, emphasizing that the Supreme Court is not a trier of facts but a court of last resort. The OSG maintained that parties must first seek recourse from lower courts with concurrent jurisdiction before approaching the Supreme Court. The petition challenges Republic Act No. 12326, which postpones the BSKE from November 2026 to November 2028 and sets the term of office for barangay and SK officials at five years, with limits on consecutive terms. The OSG argued that Macalintal failed to establish the necessity of interim relief and that the law carries a presumption of validity as a duly enacted statute. The BSKE has been repeatedly postponed over the past decade, with previous elections moved from October 2016 to October 2017, then to May 2018, and later to December 2022 and October 2023. Congress previously postponed the December 2025 BSKE to November 2026, and the latest law now moves it to November 2028. The OSG also defended the validity of RA 12326, stating it is a valid term-fixing law. The petition does not question Congress' authority to set election terms but argues that Congress cannot use this authority to extend the tenure of incumbents and deprive voters of scheduled elections. The Supreme Court has ordered the respondents, including the Office of the President, Congress, and the Commission on Elections, to submit comments, which were provided through the OSG. The OSG concluded that Macalintal is not entitled to a TRO or status quo ante order due to insufficient evidence of necessity for interim relief. This case highlights ongoing legal challenges to election schedules and the balance between legislative authority and electoral rights in the Philippines.
