SC upholds law moving BSKE to November 2026

The Supreme Court (SC) on Tuesday announced that it has dismissed a consolidated petition questioning the constitutionality of the law that rescheduled the Barangay and Sangguniang Kabataan Elections (BSKE).

In a statement, the high court upheld the legality of Republic Act (RA) 12232, saying that it is a “term-setting law” and that it established a four-year term and prohibited consecutive terms for barangay and SK officials.

“It is not a law postponing elections; the rescheduling of the elections is merely incidental,” the SC said.

“Therefore, the Macalintal guidelines, which set out the parameters Congress must follow in postponing elections, do not apply to RA 12232,” it added.

According to the court, Article X, Section 8 of the Constitution grants Congress the authority to set the terms of barangay officials.

When sought for comment, petitioner John Barry Tayam said that he was disappointed with the ruling of the court.

“Gayunpaman, wala akong ibang magagawa kundi respetuhin ang desisyon ng Korte Suprema. Naniniwala ako sa karunungan ng ating mga Justices sa SC. At patuloy po ako sa adbokasiya ko para sa Civic Rights at pagprotekta sa ating Constitution,” he told reporters.

(Nevertheless, I have no choice but to respect the decision of the Supreme Court. I believe in the wisdom of our Justices in the SC. And I will continue my advocacy for Civic Rights and the protection of our Constitution.)

GMA News Online also reached out to petitioner Romulo Macalintal for comment.

In August, Macalintal filed a petition in which he requested that the court declare RA 12232 unconstitutional, or at least insofar as it relates to the elections' postponement from December 1, 2025 to November 2026.

The SC later consolidated the petitions filed by Macalintal, Tayam, and Mystro Yushi Fujii against the law.

Macalintal argued that the SC previously ruled that Congress has no power to postpone an election without a grave reason.

He also argued that the postponement was a violation of the people’s right to suffrage and a violation of their right to information, affecting their constitutional right.

However, the SC said that RA 12232 does not violate the public’s right to vote, as it neither abolishes nor indefinitely suspends the BSKE.

“It simply changes the interval from three to four years. Elections remain regular, periodic, and certain. Voters know when the next election will take place, can hold officials accountable at fixed intervals, and retain full democratic control over barangay governance,” it said.

The SC said that the law is not discriminatory, adding that barangays are distinct from local government units.

“As the smallest political unit serving smaller communities, they perform different functions and operate with less complex administrative structures,” the SC said.

“Barangays maintain closer community relationships and serve as the most direct link between the government and the people,” it added. —VBL/AOL, GMA Integrated News