Election lawyer Romulo Macalintal asked the Supreme Court on Friday (Aug. 15) to stop government from implementing the newly-signed law postponing the Barangay and Sangguniaang Kabataan originally scheduled in December.

In a petition filed before the High Court, Macalintal said Republic Act 12232 that resets the 2025 polls to next year is “unconstitutional” and should not be implemented.

Aside from asking the SC to strike down the new law, Macalintal also sought the issuance of a temporary restraining order that will, in effect, allow the Commission on Elections to continue with its preparations for the December elections and prevent the implementation of RA 12232.

Signed by President Ferdinand Marcos Jr. just recently, RA 12232 provides a four year term limit for barangay and SK officials and at the same time, grants the incumbent an extension of one year to serve.

Macalintal said there are no “important, substantial or compelling” reason for both the legislative and executive branches of the government to pursue extension of elections and service of incumbent officials.

He cited the 2023 SC ruling that upheld his contention that postponement of BSKE must be sufficiently justified by “sufficiently important, substantial or compelling reasons to safeguard the right of saffrage.”

RA 12232 merely cites “perceived shortness of the incumbent BSK officials’ term of office” as a justification for its provisions.

Further, Macalintal stressed that the new law also violates the “one subject-one title” rule provided under the 1987 Constitution.

RA 12232 is entitled “An Act Postponing the December 2025 Barangay and Sangguniang Kabataan Elections, Providing for a New Term of Office for Barangay and Sangguniang Kabataan Officials, and for Other Purposes.”