VETERAN election lawyer Romulo Macalintal filed on Monday, October 17, 2022, a petition before the Supreme Court (SC) that calls for the declaration of the Republic Act No. 11935, which postpones the Barangay and Sangguniang Kabataan Elections (BSKE), as unconstitutional.

Macalintal said Congress does not have the power to postpone barangay elections nor extend the term of barangay officials.

He said it is the Commission on Elections (Comelec) that should decide on the matter based on “serious causes” provided under Section 5 of the Omnibus Election Code (OEC).

Under section 5 of OEC, serious causes which make the holding of elections impossible include violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous causes.

“Thus, by enacting a law postponing a scheduled barangay elections, Congress is in effect executing said provision of the OEC or has overstepped its constitutional boundaries and assumed a function that is reserved to Comelec,” said Macalintal.

Macalintal said by postponing the barangay elections, Congress is appointing the village officials through “holdover capacity.”

“For sure, Congress is not allowed by the Constitution to appoint any official who, under the Constitution, is required to be elected by his/her respective constituency. The Constitution is very clear that barangay officials are to be elected and not appointed,” Macalintal said.

“Postponing the December 5, 2022 barangay election is a subtle way ‘to lengthen governance without the mandate from the governed.’ It deprives the electorate of their right to choose their barangay officials through popular elections,” he added.

In a radio interview, Macalintal said that his petition does not cover the SK election as it is not included in the Constitution.

In a statement, Comelec Chairman George Garcia said it is high time for the SC to decide on the matter.

“It’s high time na magkaroon po ng interpretasyon ang Saligang Batas — sadya bang may kapangyarihan ang Kongreso na magpostpone ng eleksyon; number (two), sadya bang kasama sa pagpo-postpone ang Barangay at SK o ito ay limitado lang sa ibang posisyon. Maganda po na merong interpretasyon sa probisyon na ‘yan,” Garcia said in a statement sent to reporters.

(It’s high time to have an interpretation of the Constitution — does Congress have the power to postpone elections; number (two), does the postponement include the Barangay and SK or is it just limited to other positions. It is sound if there is an interpretation of that provision.)

“Magandang development po yung gagawin ni Atty. Macalintal if he will question to the Supreme Court the constitutionality of this law. From now on, kung sakaling magkakaroon ng definitive ruling po ang ating Korte Suprema, sa mga susunod pa na mga pangyayari kung magkaka-postponement o reset ang halalan, magiging basehan na po natin yung magiging case na ito,” he added.

(What Atty. Macalintal will do is a good development if he will question the Supreme Court regarding the constitutionality of this law. From now on, if our Supreme Court has a definitive ruling, in the next events if the election is postponed or reset, we have a basis.) (SunStar Philippines)