Urgent Call to Veto Term Extension Bill
A lawyer has urged President Marcos to veto a proposed law that Congress may submit to extend the term of incumbent Barangay and Sangguniang Kabataan (BSK) officials from three to four years and, in effect, postpone the scheduled December 1, 2025 elections. Election lawyer Romulo B. Macalintal warned that the proposed law shares constitutional and legal flaws with Republic Act No. 11935, which the Supreme Court invalidated in June 2023.
Macalintal explained that although the bill is titled “An Act Setting the Terms of Office” for barangay officials, its true effect is to delay the December 1, 2025 elections until the first Monday of November 2026. This delay would allow current barangay officials to remain in office without a fresh public mandate, effectively extending their tenure unlawfully. He stressed that while Congress can legislate the length of barangay officials’ terms, it cannot postpone elections as this infringes on the constitutional right of voters to choose their leaders.
Legal Concerns Surrounding Term Extension Bill
Last week, the Senate approved the bicameral conference committee report that proposes extending BSK officials’ terms to four years. The report combines Senate Bill 2816 and House Bill 11287, setting a maximum of three terms for barangay officials and only one term for Sangguniang Kabataan officials in the same position.
However, this measure raises red flags. The Supreme Court previously ruled RA 11935 unconstitutional when it postponed the 2022 BSK elections. The Court mandated that succeeding synchronized barangay and SK elections be held every three years, starting December 2025. Macalintal cautioned the President not to repeat past mistakes by approving a similar law.
Violation of Legislative Rules
Macalintal also highlighted that the reconciled bill violates the constitutional requirement that a legislative measure must have a single clear subject stated in its title. Instead, the bill contains three distinct issues: changing the term of office for BSK officials, postponing the December 2025 elections, and extending the tenure of incumbents through holdover appointments. This bundling of subjects may further undermine its legality.
The lawyer urged the President to carefully consider these constitutional concerns before signing the bill into law. Doing so would protect the electorate’s right to timely elections and uphold democratic principles.
For more news and updates on Barangay and Sangguniang Kabataan elections, visit Filipinokami.com.