Palace defends BSKE postponement, prepared for Supreme Court challenge
MANILA, Philippines — Malacañang on Thursday said it is ready to defend before the Supreme Court (SC) the postponement of the barangay and Sangguniang Kabataan elections (BSKE) and maintained that it was the right…
Source: Philippine Daily Inquirer · October 1, 2026 at 1:32 PM · AI-assisted report
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MANILA, 1 OCTOBER 2026 —
MANILA, Philippines — Malacañang on Thursday, 1 October 2026, said it is ready to defend before the Supreme Court (SC) the postponement of the barangay and Sangguniang Kabataan elections (BSKE) and maintained that the postponement was the right course of action.
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The statement came after the SC directed the respondents in a petition filed by election lawyer Romulo Macalintal to comment on his plea to declare Republic Act (RA) No. 12326 unconstitutional and to stop the postponement of the BSKE. The respondents named in the petition are the Office of the President, the Senate, the House of Representatives and the Commission on Elections (Comelec).
Palace press officer Claire Castro, during the same day’s briefing, said the Office of the Solicitor General (OSG) is still awaiting a copy of the petition. She noted that the OSG serves as the government’s principal legal counsel and represents the government in court. Castro added that both the Comelec and the Senate have already coordinated with the OSG and are ready to respond immediately once they receive a copy of the petition.
She said they will also comply with the SC’s order requiring them to file their response within five days from receipt of the petition.
When asked how confident the Palace is that the law signed by President Ferdinand Marcos Jr. will withstand legal scrutiny, Castro replied in Filipino: “Sa paningin po ng Pangulo at ng mga mambabatas ito ang nararapat, pero kung anuman ang magiging desisyon ng Supreme Court, susundin naman po nila.
Pero ang stands ng ehekutibo, ng Comelec at ng senado, ay ipaglalaban din po ng Office of the Solicitor General.” She explained that, from the perspective of the President and the lawmakers, the postponement is the appropriate course of action, but they will abide by whatever decision the SC makes, and the OSG will defend the position of the executive branch, the Comelec and the Senate.
RA 12326, officially titled the Act Fixing the Term of Office of Barangay Officials and Members of the Sangguniang Kabataan to Five Years, sets the next BSKE for the second Monday of November 2028 and every five years thereafter. The law gives officials elected in 2023 an additional two‑year term in office.
According to a copy of the law posted on the Official Gazette, incumbent elective barangay officials shall be considered to have completed one term in their respective positions because of the two‑year extension of their terms.
The law also states, in a direct quote, that “Incumbent officials serving their last term in the same position in accordance with Section 1 hereof shall be ineligible to run for the same position in the November 2028 Barangay and Sangguniang Kabataan Elections.” Regarding vacancies, the law provides that a vacancy in the Sangguniang Kabataan shall be filled by appointment by the city or municipal mayor, while a vacancy in the SK chairperson position shall be filled through succession as provided by law.
The most recent development noted in the source is that the OSG, the Comelec and the Senate await the petition copy and will file their SC responses within five days of receipt, as ordered by the court.