The Supreme Court (SC) has upheld the constitutionality of Republic Act 12326, which postpones the Barangay and Sangguniang Kabataan Elections (BSKE) to November 2028 and extends the terms of barangay and SK officials to five years.
In a 33-page decision penned by Chief Justice Rodil Zalameda and released Friday, the high tribunal dismissed a petition filed by election lawyer Romulo Macalintal challenging the validity of the law.
The Supreme Court ruled that there was insufficient legal basis to strike down RA 12326, emphasizing that Congress has the constitutional authority to determine the length of terms of barangay officials.
The justices acknowledged the need to safeguard the public’s right to regular elections but stressed that the judiciary cannot overturn legislation solely because it favors a different electoral schedule.
The Court said it “finds no sufficient basis” to invalidate the law, noting that while it must remain vigilant against legislative measures that could indefinitely deprive voters of regular elections, it must also respect established legal precedents and the authority of Congress.
It emphasized that the judiciary cannot substitute its preferred election timetable for one enacted by lawmakers.
“Fundamentally, the length of term of Barangays officials is a matter that the Constitution has entrusted to Congress,” the ruling stated.
Under RA 12326, barangay officials are allowed to serve a maximum of two consecutive terms, while SK officials are limited to one term.
The law also provides that the extended service of incumbent barangay and SK officials will be counted as a full term for purposes of determining their eligibility for subsequent elections.
With the ruling, the November 2028 schedule for the next barangay and SK elections remains in effect, along with the five-year terms established under the law.
The decision affirms Congress’ authority to legislate the terms of local community officials while recognizing the constitutional importance of holding regular elections.
