Metro Manila, Philippines – The Supreme Court affirmed the constitutionality of a term-fixing law for barangay officials and Sangguniang Kabataan (SK) members, rather than a law that seeks to postpone elections.
The decision dismissed the petition of poll lawyer Romulo Macalintal that challenged Republic Act (RA) 12326, citing a violation of the high court’s 2023 decision on the postponement of elections for compelling reasons, as well as the people’s right to vote.
RA 12326 not only extended the terms of incumbent barangay officials and SK members until 2028, but also scheduled the next barangay and SK elections (BSKE) for Nov. 13, 2028.
The SC noted that the law’s main purpose was to raise the term of barangay officials from four years, as set by RA 12232 in 2025, to five years, while also reducing the maximum number of consecutive terms they may serve from three to two.
It added that setting the next BSKE in November 2028 meant setting up a new five-year election cycle and did not abolish or indefinitely postpone barangay elections. The SC also found the rescheduled date “reasonable and not unduly long.”
The SC also took note of the power of Congress to fix, change, and extend the term of barangay officials, saying “whether a five-year term is appropriate is primarily a policy decision for Congress, not the courts.”
In a separate statement on Friday, the Commission on Elections (Comelec) welcomed the high court ruling as jurisprudence that cleared the ambiguity on the issue ahead of the May 2028 general elections.
“Our deepest appreciation to the highest court for resolving the controversy promptly and clearing any doubt as to the legality of the law,” Comelec Chairman George Garcia said.
