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BSKE ruling paves way for delays in future elections

THE Supreme Court (SC) ruling upholding the postponement of the Barangay and Sangguniang Kabataan Elections (BSKE) could encourage lawmakers to delay future elections, according to election lawyer Romulo B. Macalintal, who plans to seek reconsideration of the decision.

“If this ruling remains uncorrected, and if no one stands up to warn of its dangerous consequences to our democratic system, RA (Republic Act) No. 12326 will not stop at the barangay level,” Mr. Macalintal said in a statement on Monday.

“It could embolden legislators to tamper with the May 2028 presidential elections,” he added.

Mr. Macalintal said he would ask the high court to reconsider its ruling and grant his request for oral arguments on his petition challenging the law that reset the BSKE to November 2028.

He warned that allowing Congress to extend the terms of elected officials under the law could set a precedent for postponing other elections under the guise of its authority to determine terms of office.

Mr. Macalintal said he remains hopeful that the court would reverse its decision, noting that five justices dissented while one justice was on leave during the ruling.

The high court, in a 9-5-1 vote, dismissed Mr. Macalintal’s petition challenging the law, ruling that RA 12326 primarily fixes the terms of barangay and SK officials rather than postponing elections. It said Congress has the authority to determine their terms, provided elections remain regular, fixed and predictable.

Meanwhile, the National Citizens’ Movement for Free Elections urged Congress to prevent further postponements in the village and youth polls.

“A calendar that changes each time an election draws near is not predictable. The BSKE has already been rescheduled twice since December 2025. It must not move again,” it said in a separate statement.

The election watchdog called on the Commission on Elections to begin preparations for the 2028 polls.

The group also urged Congress to establish safeguards requiring public justification and hearings before any future election postponement. It said it would monitor legislative measures and election preparations to guard against another delay. — Erika Mae P. Sinaking



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