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Philippines lawyer seeks to void law postponing 2026 local elections
Election lawyer Romulo Macalintal has filed a petition with the Supreme Court to declare Republic Act No. 12326 unconstitutional. The law, signed by President Ferdinand Marcos Jr. on September 24, 2026, postpones the 2026 Barangay and Sangguniang Kabataan Elections (BSKE) to the second Monday of November 2028.
Macalintal is seeking a status quo ante order, a temporary restraining order, and a writ of preliminary injunction to block the law's implementation. He argues that the postponement unfairly extends the terms of incumbent officials and lacks a compelling justification, which he claims violates the right to vote. The petition requests that the Court direct the Commission on Elections (Comelec) to continue preparations for the original November 2, 2026, election date or, if unfeasible, to schedule the polls as close to that date as possible.
Following the enactment of the law, Comelec Chairman George Garcia announced that the commission would halt preparations for the 2026 polls, including the scheduled filing of certificates of candidacy. The new law also establishes a five-year term for elected barangay and Sangguniang Kabataan officials.
Entities
Commission on Elections · Ferdinand Marcos Jr. · Romulo Macalintal · Supreme Court of the Philippines