The Supreme Court (SC) has upheld the constitutionality of Republic Act No. 12326 that extends the terms of barangay officials and Sangguniang Kabataan (SK) members from four to five years and sets their next elections for November 2028.
The decision penned by Associate Justice Rodil V. Zalameda dismissed the petition filed by election lawyer Romulo B. Macalintal challenging the law’s validity, the SC Office of the Spokesperson announced Friday, Nov. 6.
Enacted on Sept. 24, RA 12326 increases the term limit for barangay official from four years to five years while reducing the maximum number of consecutive terms they may serve from three to two.
Macalintal argued that RA 12326 violated guidelines established in the landmark 2023 ruling Macalintal v. COMELEC, which allows the postponement of elections only for compelling reasons. He further claimed the law violated substantive due process, the public’s right to vote, and the constitutional requirement that barangay officials be chosen through periodic elections.
However, the SC ruled that the 2023 Macalintal guidelines do not apply because RA 12326 is a law fixing terms of office, not a law postponing elections.
“A law fixing the terms of office does not become an election postponement law simply because it affects the election schedule,” the SC emphasized, noting that setting the next BSKE for November 2028 merely implements the statutory five-year cycle.
The court reiterated that Congress possesses the constitutional authority to change and adjust the terms of local village officials, provided the period before the new term begins remains reasonable.
Evaluating the timelines, the court deemed the November 2028 date reasonable, noting that incumbent officials were last elected on Oct. 30, 2023. Additionally, justices noted lawmakers’ concerns that holding a BSKE in 2027 would overlap with the Commission on Elections’ (Comelec) preparations for the May 2028 national and local elections.
The SC also ruled that allowing incumbent officials to remain in office until November 2028 does not constitute an unconstitutional appointment by Congress. The court explained that incumbent officials are simply serving under the hold-over provision retained under the law until their successors are elected and qualified.
Furthermore, the tribunal reaffirmed that the Constitution does not fix a specific term length for barangay leaders, leaving the policy decision entirely to legislative discretion.
VOTER REGISTRATION NOV. 10
The Commission on Elections announced that nationwide voter registration for the 2028 elections will resume on Tuesday, Nov. 10.
Comelec Negros Island Region Director Lionel Marco Castillano said Friday that local election offices will accept applications from 8 a.m. to 5 p.m., Tuesdays through Saturdays, including holidays, until July 30, 2027.
Comelec staff will work from home on Mondays through March.
Castillano reminded applicants that barangay certificates, cedulas (community tax certificates), and private company identification cards will not be accepted as proof of identity.
Applicants must present valid government-issued IDs and documents.
The registration period covers new voters, transfer of registration records, reactivation of deactivated accounts, correction of entries, and updating of records for vulnerable sectors—including senior citizens, persons with disabilities (PWDs), and members of Indigenous Peoples (IP) communities.
Local Comelec branches will also schedule satellite registration drives in various communities throughout the registration period.*
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