THE Supreme Court (SC) will hold an oral argument proceeding this afternoon on the petition filed by election lawyer Romulo Macalintal questioning the legality of Republic Act No. 11935, the law postponing the Barangay and Sangguniang Kabataan (SK) elections on December 5 to the last Monday of October 2023.

In his petition, Macalintal said the law 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 made 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. RA 11935 was signed by President Marcos on Octoner 10.

Under RA 11935, the term of office of the Barangay and SK officials will commence at noon of Nov. 30 following their election.

“Until their successors shall have been duly elected and qualified, all incumbent barangay and Sangguniang Kabataan officials shall remain in office, unless sooner removed or suspended,” it added.

AUTHOR PROFILE

Hector Lawas