Bill giving 4-year term to brgy, SK execs unconstitutional – Macalintal

By: - Reporter / @jownmanaloINQ
/ 01:30 PM January 26, 2025

Senator Jinggoy Estrada has the power to ask the Commission on Elections (Comelec) to conduct a house-to-house canvass to address the issue of flying voters in San Juan City, an election lawyer said on Wednesday.

Election lawyer Romulo Macalintal (File photo)

MANILA, Philippines — Election lawyer Romulo Macalintal criticized Senate Bill No. 2816 which sets a four-year term for barangay and Sangguniang Kabataan (SK) officials.

He described it as “unconstitutional, deceptive, and misleading.”

Article continues after this advertisement

In a statement on Sunday, Macalintal argued that the bill effectively postpones the barangay and SK Elections (BSKE) scheduled for December 1, 2025 to May 8, 2029.

FEATURED STORIES

He believes this change violates the voters’ right to elect their leaders.

“The bill gives an additional four years of service for incumbent barangay and SK officials on a hold-over capacity, violating the rights of voters to elect their own barangay officials,” Macalintal said.

Article continues after this advertisement

He emphasized that the bill disregards the guidelines of the Supreme Court through the 2023 Macalintal vs. Comelec decision, which declared previous attempts to postpone the BSKE as unconstitutional.

Article continues after this advertisement

READ: Senate OKs bill setting 4-year term for barangay, SK officials

Article continues after this advertisement

He further cited the SC ruling in the case, which stated that postponing elections requires “reasons sufficiently important, substantial or compelling under the circumstances” and that “shortness of the existing term” does not justify such a move.

The bill’s sponsor, Senator Imee Marcos, defended the proposal, saying it will allow barangay and SK officials to “deepen their understanding of both national and local issues.”

Article continues after this advertisement

However, Macalintal dismissed this justification, questioning why similar extensions are not being applied to other local officials whose terms remain at three years.

“If [a] deeper understanding of the issues affecting a locality could not be grasped in three years, how come the term of office of provincial governors, city or municipal mayors, and other local elective officials remained at three years only?” the election lawyer asked.

Macalintal further criticized the bill for violating the constitutional provision that stated, “a bill must not embrace more than one subject which shall be expressed in its title.”

He described it as a form of “log-rolling legislation,” combining unrelated provisions such as term extensions, election postponement, and hold-over capacities for incumbents.

Macalintal also pointed to opinions from SC justices in the Macalintal vs. Comelec case, emphasizing that extending the terms of incumbent officials undermines democracy.

“Congress cannot enact laws that extend the term of incumbent barangay and SK officials, for they are unconstitutional for violating the democratic underpinnings of our governmental system, wherein elective officials serve by virtue of winning an election,” Supreme Court Justice Alfredo Caguioa had written in his separate opinion on the case.

Macalintal called on President Ferdinand Marcos Jr. to veto the bill, describing it as “appalling, shocking and ridiculous,” and urged careful scrutiny of any law that infringes on the right to vote.

“A law changing the schedule of elections is a whole different animal. Thus, any infringement of the right to vote must be carefully and meticulously scrutinized,” he said, quoting Chief Justice Alexander Gesmundo.

On Tuesday, January 14, the Senate approved the bill on the third and final reading on January 14, with 22 affirmative votes, no negative votes, and no abstentions.

Pursuant to the bill, the next BSKE elections will be held on the first Monday of October 2027 and every four years thereafter.

Your subscription could not be saved. Please try again.
Your subscription has been successful.

Subscribe to our daily newsletter

By providing an email address. I agree to the Terms of Use and acknowledge that I have read the Privacy Policy.

The term of office for officials elected after the bill’s effectivity will begin on the first day of November following their election.

TAGS: Philippine Elections

Your subscription could not be saved. Please try again.
Your subscription has been successful.

Subscribe to our newsletter!

By providing an email address. I agree to the Terms of Use and acknowledge that I have read the Privacy Policy.

© Copyright 1997-2025 INQUIRER.net | All Rights Reserved

This is an information message

We use cookies to enhance your experience. By continuing, you agree to our use of cookies. Learn more here.