Macalintal Urges Marcos to Veto BSKE Postponement to Protect Democratic Rights
Veteran Election Lawyer Urges Presidential Veto
MANILA, Philippines — Prominent election lawyer Romulo Macalintal has called on President Ferdinand Marcos Jr. to veto a consolidated bill passed by Congress that seeks the BSKE postponement originally scheduled for December 1, 2025.
According to Macalintal, the proposed law—disguised as an “Act Setting the Terms of Office for Barangay Officials”—mirrors the unconstitutional elements of Republic Act No. 11935, which attempted to defer the 2022 BSKE and was struck down by the Supreme Court (SC) in June 2023.
Extension Without Mandate
Macalintal emphasized that the bill’s actual effect is to delay the 2025 elections until November 2026, thereby allowing incumbent barangay and SK officials to continue in a holdover capacity—a move that extends their tenure without a fresh public mandate.
“While Congress may define the term of office for barangay officials, it cannot bypass the constitutional right of the people to elect their leaders on schedule,” Macalintal noted.
The Senate has ratified the bicameral conference committee report consolidating Senate Bill 2816 and House Bill 11287, which aims to extend barangay officials’ term to four years, with a three-term limit. SK officials, meanwhile, would be limited to a single term under the same bill.
Supreme Court Ruling Sets Clear Precedent Against BSKE Postponement
In its 2023 ruling, the Supreme Court invalidated RA 11935 for violating democratic principles. The SC affirmed that elections must be held every three years, with the next BSKE scheduled for December 2025. It cautioned that election postponement “could foster a government that is not democratic and republican as mandated by the Constitution.”
Macalintal warned that endorsing the proposed measure would repeat the same constitutional errors, undermining both the rule of law and public trust in democratic institutions.
Violation of the “Single Subject Rule”
Another key issue raised by Macalintal is the bill’s failure to comply with the constitutional “single subject” rule, which requires that each legislative measure address only one subject clearly expressed in its title.
“This bill addresses three distinct matters: changing the term of office, postponing the 2025 elections, and authorizing holdover appointments—none of which are properly reflected in its title,” he explained.
Safeguarding National Integrity and Social Justice
In a democratic republic such as the Philippines, timely and fair elections are a pillar of good governance and social justice. The barangay and SK systems serve as vital grassroots mechanisms, empowering ordinary citizens and young leaders to directly influence their communities—making any BSKE postponement a serious threat to democratic participation.
Delaying elections without constitutional basis not only disenfranchises voters, but also risks setting a precedent that weakens institutional accountability and public participation.
A Call to Defend the Filipino Right to Vote
At a time when the nation continues to strive for inclusive governance, youth empowerment, and transparent public service, upholding electoral integrity is critical. President Marcos is urged to act in accordance with the Supreme Court’s guidance and the people’s democratic rights.
“To preserve the democratic fabric of our nation, the elections must proceed as scheduled,” Macalintal asserted.
Conclusion: Rejecting the BSKE Postponement and Protecting the Voice of the People
Postponing the BSKE undermines the Filipino people’s right to choose their local leaders and damages the spirit of equal representation and accountability. As stewards of public service, lawmakers and the executive must prioritize the Constitution, not political expediency.
For the sake of democracy, justice, and national pride—let the people vote.