ELECTION lawyer Romulo Macalintal on Tuesday asked the Supreme Court (SC) to direct the Commission on Elections (Comelec) to “resume its timeline of activities and preparation” for the 2023 Barangay elections.

This as Macalintal noted the poll body’s statement that it could still hold the elections if the high court declared as “unconstitutional” the Republic Act No. 11935 – the law postponing the Barangay and Sangguniang Kabataan elections (BSKE) on December 5 to the last Monday of October 2023.

He also cited a portion of the Office of the Solicitor General’s (OSG) manifestation admitting the urgency “to remove what had so far become the practice of postponing barangay elections and, in the process extending the term of barangay officials thru piecemeal election postponement legislations.”

“Thus, I asked SC that pending resolution of my petition, the Comelec be directed to resume its timeline of activities and its preparation to hold the elections in May 2023,” Macalintal said.

In his petition, Macalintal said RA 11935 was “unconstitutional, invalid, and inoperative” to the extent that it provided the postponement of the elections because Congress has the power to fix the term of barangay officials but not to extend their tenure.

He added that the questioned law allowed Congress to appoint barangay officials whose term shall expire on December 31, 2022.

“Congress did is to make a ‘legislative appointment’ of these barangay officials when the law allows them to remain in office as ‘hold over’ officials,” Macalintal said.

He added that the questioned law violates the electorate’s right to due process as they are forced to accept these appointed barangay leaders without notice and hearing.

RA 11935 is a consolidation of House Bill No. 4673 and Senate Bill No. 1306, which was passed by the House of Representatives and the Senate of the Philippines on Sept. 28, 2022.

AUTHOR PROFILE

Hector Lawas