Macalintal files 2nd motion urging to resume preparations for Brgy, SK polls

(FILE) Election lawyer Romulo Macalintal. INQUIRER.net file photo

MANILA, Philippines–Election lawyer Romulo Macalintal has asked the Supreme Court (SC) to order the Commission on Elections (Comelec) to resume its preparations for the Barangay and Sangguniang Kabataan elections to make sure that it will push through on May, 2023.

“I have filed before the Supreme Court, my second motion to issue TRO to direct the Comelec to resume and continue its preparation for the barangay elections consistent with Comelec’s manifestation that, in the event that my petition is granted, it can still hold the election in May 2023,” Macalintal said.

“In a word  the fight is not yet over since the issue is whether or not Congress can postpone the barangay polls,” he added.

In October, Macalintal asked the SC to nullify Republic Act 11935. Under the law, all incumbent barangay and SK officials must serve until their successors are elected next year or they can be removed or suspended earlier for a cause.

Subsequent barangay and SK elections will be held every three years.

Macalintal said Congress has no power to postpone the holding of barangay elections and to extend the term of current officials.

The Barangay and SK elections was supposed to take place last Monday (December 5). But after President Ferdinand “Bongbong” Marcos sighed RA 11935, election was moved to October 2023.

During last October’s oral argument, Comelec Chairman George Garcia told the SC that if Macalintal’s petition would be granted, the earliest date that they can hold the election is in May 2023.

“By the time this petition is fully decided, the time consumed in resolving this case might affect the timeline of activities of the Comelec in holding the BSKE in May 2023, hence, the urgency of this motion,” Macalintal said.

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JPV