Lawyers file SC petitions against BSKE postponement

Election lawyer Romulo Macalintal and educator John Barry Tayam separately filed petitions with the Supreme Court on Friday, August 15, to declare Republic Act 12232 unconstitutional due to its postponement of Barangay and Sangguniang Kabataan Elections (BSKE) from December 1, 2025, to November 2026.

Macalintal argued that the law violates citizens' rights to suffrage and information by extending the term of barangay officials to four years and setting BSKE every four years starting in November 2026 without mentioning the postponement in its title.

Tayam, who reached out to the Senate, Office of the President (OP), and Commission on Elections (Comelec) prior to filing, hopes a temporary restraining order would be issued so the polls can proceed as scheduled for December 1, 2025.

He also asked that any aspirants for Sangguniang Kabataan elections who may become ineligible due to the postponement be allowed to run and emphasized that some parts of the law are unclear and lack amendments to existing laws.

Comelec chairperson George Garcia welcomed Macalintal's filing and said it helps remove uncertainty about whether preparations should proceed for December elections.