MANILA, Philippines — Malacañang on Thursday said it is ready to defend before the Supreme Court (SC) the postponement of the barangay and Sangguniang Kabataan elections (BSKE) and maintained that it was the right course of action.
This statement comes after the SC directed the respondents in a petition filed by election lawyer Romulo Macalintal to comment on his plea to declare Republic Act (RA) No. 12326 unconstitutional and stop the postponement of the BSKE.
Named respondents in the petition are the Office of the President, the Senate, the House of Representatives, and the Commission on Elections (Comelec).
READ: SC asks gov’t to comment on petition vs deferment of barangay, SK polls
Palace press officer Claire Castro, during today’s briefing, said the Office of the Solicitor General (OSG) is still awaiting a copy of the petition. The OSG serves as the government’s principal legal counsel and represents the government in court.
“Mismo nag Comelec at ang Senado ay nakipag-ugnayan na rin po sa Office of the Solicitor General, pero handa naman po sila na tugunan agad kapag natanggap na po nila iyong kopya ng petisyon at susunod po sila sa utos ng Supreme Court na kung dapat tumugon, within five days from receipt of the said petition, they will comply,” she said.
(Both the Comelec and the Senate have already coordinated with the Office of the Solicitor General, and they are ready to respond immediately once they receive a copy of the petition. They will also comply with the Supreme Court’s order requiring them to file their response within five days from receipt of the petition.)
Asked how confident the Palace is that the law signed by President Ferdinand Marcos Jr. will withstand legal scrutiny, Castro said:
“Sa paningin po ng Pangulo at ng mga mambabatas ito ang nararapat, pero kung anuman ang magiging desisyon ng Supreme Court, susundin naman po nila. Pero ang stands ng ehekutibo, ng Comelec at ng senado, ay ipaglalaban din po ng Office of the Solicitor General.”
(From the perspective of the President and the lawmakers, this is the appropriate course of action. However, they will abide by whatever decision the Supreme Court makes. The position of the executive branch, the Comelec, and the Senate will also be defended by the Office of the Solicitor General.)
READ: Marcos signs BSKE postponement into law
RA 12326, or the Act Fixing the Term of Office of Barangay Officials and Members of the Sangguniang Kabataan to Five Years, sets the next BSKE for the second Monday of November 2028 and every five years thereafter, giving officials elected in 2023 an additional two-year term.
However, Macalintal argued that the new law violates the electorate’s right to vote under the guise of fixing officials’ terms of office.
Based on a copy of the law posted on the Official Gazette, incumbent elective barangay officials shall be considered to have completed one term in their respective positions, given the two-year extension of their terms.
“Incumbent officials serving their last term in the same position in accordance with Section 1 hereof shall be ineligible to run for the same position in the November 2028 Barangay and Sangguniang Kabataan Elections,” the law signed on Sept. 24 read.
A vacancy in the Sangguniang Kabataan shall be filled by appointment by the city or municipal mayor, while a vacancy in the SK chairperson position shall be filled through succession as provided by law. /mr
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