Election Lawyer Romulo Macalintal Prepares to Challenge Supreme Court Ruling on Barangay and SK Elections
On a spirited Monday morning, election lawyer Romulo Macalintal took a stand. He announced plans to file a motion for reconsideration (MR) regarding a recent Supreme Court decision that upheld a controversial law. This law postponed the Barangay and Sangguniang Kabataan Elections (BSKE) and extended the terms of current barangay officials.
“I will file a motion for reconsideration, which is allowed under our rules,” Macalintal shared candidly during an interview with Super Radyo dzBB. His determination rang through as he committed to taking action this week.
Macalintal is in the midst of carefully structuring his presentation. “I’m just finalizing whether to request a full or partial reconsideration,” he explained. His goal? To present a win-win scenario to the Supreme Court. “I want to offer a formula that benefits everyone involved,” he added with conviction.
He has a compelling argument in mind. Macalintal plans to suggest that the Supreme Court could uphold its ruling declaring that a specific provision of Republic Act No. 12326—granting Congress the authority to fix term lengths for barangay officials—is unconstitutional. Yet, he believes the court can still maintain its ruling on the provision that postpones the elections.
“We can tell the Supreme Court, ‘Okay, you declared unconstitutional the part that allows Congress to fix the term of office, but also declared unconstitutional the section postponing the elections,’” he reasoned. “This way, both Congress and the people come out as winners.” His passion for fairness was palpable as he spoke about the potential for compromise.
The Supreme Court’s recent 33-page decision stirred much debate, declaring that the primary aim of the law was to adjust term limits, not simply delay elections. It further ruled that the guidelines established in a decision from this year, which Macalintal was involved in, did not apply to the current case.
This decision came after President Ferdinand Marcos Jr. effectively postponed the BSKE in September, extending the office terms to five years and rescheduling elections for 2028.
As Macalintal gears up for this pivotal moment, his commitment to fair democratic processes shines through. He’s not merely fighting for legal technicalities; he’s advocating for the voices of the people to be heard, ensuring that elections remain a cornerstone of democracy.
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