Veteran election lawyer Romulo 'Romy' Macalintal on Monday, Oct. 17, filed a petition before the Supreme Court (SC) to declare as “unconstitutional” and a “total nullity“ of the Republic Act No. 11935 or an Act Postponing the December 2022 barangay and Sangguniang Kabataan (SK) election.
In a 27-page petition, he asked the higher court to issue a Temporary Restraining Order (TRO) against the new law.
One of the key arguments of Macalintal is that Congress does not have the power to “determine the fixed term“, “postpone“, nor “extend the term of office“ of barangay officials.
He claimed that only the Commission on Election (Comelec) has the “exclusive jurisdiction“ to do so as stated under Section 5 of the Omnibus Election Code (OEC).
“Thus, by enacting a law postponing a scheduled barangay elections, Congress is in effect executing said provisions of the OEC or has overstepped its constitutional boundaries and assumed a function that is reserved to Comelec,“ he added.
Macalintal also said the Congress apparently “appointed“ barangay officials, whose term is supposed to end on Dec. 31 last year, since they are “holdover to their positions until Nov. 30, 2023“ following the provisions of the new law.
“For sure, Congress is not allowed by the Constitution to appoint any officials, who, under the Constitution, are elected by their respective constituency. The Constitution is very clear that the barangay officials are to be elected and not appointed,“ Macalintal underscored.
The election lawyer pointed out that if these incumbent officials would remain in office, they are considered “representatives of Congress to whom these barangay officials owe their holdover position“ and not “representatives of people in their respective barangays.“
He also argued that the law violates Filipinos voters’ “right of due process“ as it is forcing many to just accept the “appointed barangay leaders, whether they like time or not, upon the expiration of the term of office of these officials, without notice of hearing.“
“Postponing the December 5, 2022 election is a subtle way to lengthen governance without the mandate from the governed. It deprives the electorate of their right to choose their barangay officials through popular elections,“ Macalintal pointed out.
He also said that the Commission on Election (Comelec) had been preparing for the December 2022 polls and expressed their sentiments of continuing it rather than deferring it.
On Oct. 13, President Ferdinand ‘Bongbong’ Marcos Jr. signed into law the consolidated bill of two chambers of Congress postponing the synchronized barangay and SK election.
Under the signed law, it stated that the elections will now be held on the last Monday of October in 2023 and every three years thereafter.
