The Supreme Court (SC) will hold an oral argument on the petition challenging the constitutionality of the Republic Act No. 11935 or an Act Postponing the December 2022 Barangay and Sangguniang Kabataan (SK) election.
In a press briefer released on Tuesday, Oct. 18, the Court En Banc has set the oral argument at 3 pm on Friday, Oct. 21.
It directed the respondents of the case — the Office of the President (OP) and the Commission on Elections (COMELEC) to “file their comment to the petition” through their respective personal service, not later than 12 noon on Friday.
The petition was filed by veteran election lawyer Romulo 'Romy' Macalintal on Monday, Oct. 17.
Macalintal asked to declare RA 11935 as “unconstitutional” and a “total nullity." He also asked the higher court to direct the respondents to cease and desist from implementing the newly-signed law.
One of the key arguments in his 27-page petition is that the 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 Elections (Comelec) has the “exclusive jurisdiction“ to do so as stated under Section 5 of the Omnibus Election Code (OEC).
Macalintal also argued that the Congress apparently “appointed“ barangay officials since they are “holdover to their positions until Nov. 30, 2023.”
He said the Congress is not allowed by the Constitution to appoint “any officials, who, under the Constitution, are elected by their respective constituency.”
On Oct. 13, President Ferdinand ‘Bongbong’ Marcos Jr. signed into law the bill postponing the synchronized barangay and SK election.
Under the signed law, the elections shall be held on the last Monday of October in 2023 and every three years thereafter.
