By Benjamin Cuaresma
MANILA, Philippines — The Supreme Court has cleared the way for barangay officials and Sangguniang Kabataan (SK) members to serve five-year terms, rejecting a legal challenge against Republic Act No. 12326 and affirming November 2028 as the date of the next barangay and SK elections.
In a decision penned by then Associate Justice Rodil V. Zalameda, the High Court dismissed the petition filed by Romulo B. Macalintal, ruling that Congress has the authority to determine the terms of barangay officials.
The Court said RA 12326 is a term-setting measure rather than an election postponement law. It also ruled that the new election schedule does not violate due process or the constitutional right to vote.
The law reduces the maximum consecutive terms of barangay officials from three to two.
However, the ruling drew dissenting opinions from Justices Marvic Leonen, Alfredo Benjamin Caguioa and Antonio Kho Jr., who raised concerns over the extension of incumbent officials’ tenure and its implications for the people’s right to suffrage.
The Court clarified that officials elected in October 2023 will remain in office under the hold-over provision until their successors are elected and qualified.
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