Philippine Government Ready to Defend BSKE Law Before Supreme Court, Malacañang Says
Key Takeaways
- •Malacañang announced that the government is prepared to defend Republic Act No. 12326 before the Supreme Court, with the Office of the Solicitor General required to respond within five days of receiving the petition.
- •The Supreme Court directed the Office of the President, the Commission on Elections, and the Senate to answer petitions filed against the BSKE law.
- •Republic Act No. 12326, signed on Sept. 24, extends the terms of barangay and Sangguniang Kabataan officials to five years and postpones the elections from December 2025 to November 2028.
- •Election lawyer Romulo B. Macalintal filed the petition, contending that the law infringes on voters' constitutional right to suffrage.
- •Under the postponement, sitting barangay and Sangguniang Kabataan officials remain in their posts, leaving voters with no scheduled election until the rescheduled 2028 polls.
The Philippine government is prepared to defend the validity of the Barangay and Sangguniang Kabataan Elections (BSKE) law before the Supreme Court, Malacañang said on Thursday, following legal petitions challenging the measure.
The Supreme Court has directed key government stakeholders — including the Office of the President, the Commission on Elections (Comelec), and the Senate — to respond to petitions filed against Republic Act No. 12326. The measure, signed into law on Sept. 24, extends the term of office of village and youth officials to five years and effectively postpones the elections to November 2028. The law displaces a ballot previously set for December 2025, meaning sitting barangay and Sangguniang Kabataan officials stay in their posts in the interim.
The stakes reach the ground level of Philippine governance: barangays are the country's smallest local government units, and the postponement leaves voters with no scheduled opportunity to choose their village and youth leaders until the rescheduled 2028 polls.
Speaking at a news briefing, Palace Press Officer Clarissa A. Castro said the Office of the Solicitor General, which serves as the state's legal counsel, would respond to the petitions on behalf of the government.
“Within five days from receipt of the said petition, they will comply [to the high tribunal],” Ms. Castro said in Filipino. “They are simply waiting for a copy of the petition, as both the Comelec and the Senate have already coordinated with them. They are prepared to respond immediately once they receive the copy of the petition and will comply with the Supreme Court's directive.”
The petition was brought by election lawyer Romulo B. Macalintal, who contends that the BSKE law infringes voters' constitutional right to suffrage.
Ms. Castro affirmed that the Executive branch would abide by whatever ruling the judiciary hands down. The Supreme Court's resolution of the petitions will determine whether the December 2025 village elections proceed as originally scheduled or the postponement to November 2028 stands.
— Erika Mae P. Sinaking
