Macalintal asks SC: Stop law suspending barangay polls, hold it by May 2023

CHALLENGE Election lawyer Romulo Macalintal, through a petition in the Supreme Court, challenges the constitutionality of the law postponing the barangay elections and rescheduling it to 2023. INQUIRER file photo / RICHARD A. REYES

MANILA, Philippines — An election lawyer has filed a motion before the Supreme Court (SC) seeking to stop the implementation of Republic Act No. 11935 or the law that suspended the Barangay and Sangguniang Kabataan Elections so that preparations would be resumed and elections can be held earlier than stated.

Lawyer Romulo Macalintal in his motion on Monday called for the issuance of a temporary restraining order or a status quo ante order against R.A. No. 11935, to allow the Commission on Elections (Comelec) to resume preparations made for the said elections which were originally scheduled for December 5, 2022.

Under R.A. No. 11935 signed by President Ferdinand Marcos Jr. last October 12, the next Barangay and Sangguniang Kabataan Elections (BSKE) will now be held on the last Monday of October 2023.

Macalintal, however, said that the terms of sitting barangay officials should not be prolonged and that the next elections be held on May 2023, as Comelec stated it is the earliest they can be ready.

READ: President signs into law bill suspending 2022 barangay, SK elections 

“Petitioner respectfully prays and reiterates his motion for the issuance of a temporary restraining order and/or status quo ante order directing the public respondents and all persons and officials acting on their behalf to cease and desist from implementing R.A. No. 11935,” Macalintal said in their motion.

“[…] and to direct respondent Commission on Elections to immediately resume its calendar/ timeline of activities and its preparation to hold the Barangay and Sangguniang Kabataan Elections in May 2023, until further orders of this honorable court,” he added.

Macalintal also noted that he doubts that the earliest Comelec can hold the BSKE is by May 2023, considering that it might need less than two weeks to print ballots that would be used. He also added that the poll body and its officials already have sufficient experience in conducting either manual or automated elections.

In the interest of the legal proceedings, Macalintal said he is yielding to the earliest date mentioned by Comelec. However, he maintains that Comelec can already be well-prepared by this date.

Prior to this motion, Macalintal filed a petition to reverse the effects of R.A. No. 11935, although it may no longer be possible with December 5 being just a few weeks away.

But according to Macalintal, Comelec needs to resume preparations should SC side with him and call for the immediate resumption of the BSKE.

“After all, the Comelec, as of now, had already spent ‘P1 billion of the poll body’s P8.5 billion budget for the said elections since the notices of award were only obligated. More or less five million ballots have been printed,’” Macalintal stressed.

“Thus, there is the compelling need to direct respondent Comelec to resume its preparation for the conduct of the BSKE to make it ‘logistically possible’ for the poll body to hold the said elections in May 2023 in the event that the instant petition is granted.

READ: SC sets oral argument on barangay, SK elections postponement 

While several lawmakers supported the move to reschedule the BSKE again, due to claims that the budget could be used for COVID-19 response and economic assistance, there have been critics who fear that the poll suspension strips people of the right to elect new barangay officials.

Marcos however defended the law, saying that there is “sufficient precedent” to suspend the BSKE.

READ: Reasons for delaying barangay, SK elections ‘not credible’ — Lagman 

JPV/abc