SC gives barangay officials the green light to serve five-year terms

National

THE Supreme Court has upheld the five-year tenure of barangay officials, dismissing a petition challenging the law that moved the next village and youth council elections to November 2028.

The high court rejected a petition filed by election lawyer Romulo Macalintal, who questioned the constitutionality of Republic Act No. 12326, arguing that the postponement lacked compelling justification and violated the public’s right to vote.

In a decision penned by then Associate Justice and now Chief Justice Rodil Zalameda, the SC ruled that the measure is fundamentally a law fixing the terms of barangay officials, rather than simply postponing elections.

As such, the guidelines established in its 2023 ruling in Macalintal v. Comelec, which allow election postponements only for important, substantial or compelling reasons, do not apply.

Enacted in September, RA 12326 increased barangay officials’ terms from four to five years and reset the next Barangay and Sangguniang Kabataan Elections (BSKE) to November 2028.

The SC said Congress has the authority to set and extend officials’ terms, provided the period before the succeeding term begins is reasonable and not unduly prolonged.

It found the 2028 schedule reasonable, noting that incumbents elected in October 2023 would complete a five-year term. The court also cited concerns that holding the BSKE in 2027 could interfere with Comelec preparations for the May 2028 national and local elections.

A five-year election cycle beginning in 2026, meanwhile, would make the barangay polls coincide with the 2031 national and local elections.

The court also ruled that the law does not violate due process or the right to vote, citing the need for effective local governance and continuity of barangay programs.

Justices Marvic Leonen, Benjamin Caguioa, Jhosep Lopez and Antonio Kho dissented.

Comelec Chairman George Erwin Garcia welcomed the ruling, saying it now forms part of jurisprudence and the law of the land despite the absence of unanimity.

Meanwhile, Zalameda formally took his oath on Friday as the country’s 28th chief justice, succeeding Alexander Gesmundo, who retired on the same day.

Senior Associate Justice Marvic Leonen administered the oath, while Gesmundo presided over the ceremonial turnover of the gavel.

Appointed to the SC by former president Rodrigo Duterte in 2019, Zalameda has authored several notable rulings, including decisions overturning former first lady Imelda Marcos’ graft convictions and dismissing challenges to President Marcos’ 2022 presidential candidacy.

He also penned the ruling granting a writ of amparo to former Bayan Muna lawmaker Siegfred Deduro, recognizing the threats posed by red-tagging and guilt by association to a person’s rights to life, liberty and security.(MyTVCebu)