MANILA (August 10) — A MOVE in the Senate to give barangay and Sangguniang Kabataan officials five-year terms and push the next local village elections to November 2028 is already facing a potential Supreme Court challenge, with election lawyer Romulo Macalintal warning that Congress may be crossing a constitutional line.
Macalintal said he is preparing a petition that he would bring before the Supreme Court if Senate Bill 2387 becomes law, arguing that while Congress may have the authority to determine the length of officials’ terms, it cannot simply postpone an election that has already been scheduled.
“If his advisers are listening, this (bill) is a violation of the Constitution,” Macalintal said, urging President Ferdinand Marcos Jr. to carefully study the measure before signing it.
The proposed law, filed by Sen. Francis Escudero, seeks to extend the terms of barangay and Sangguniang Kabataan officials to five years and move the scheduled November 2026 elections to November 2028.
Escudero said the measure is intended to provide greater stability and consistency in public service at the barangay level.
But for voters, the issue goes beyond the length of an official’s term.
Who decides when voters get to choose?
The central question raised by Macalintal is whether Congress can change the rules governing future terms while also effectively taking away an election that voters are already scheduled to participate in.
Macalintal pointed to previous efforts to extend barangay officials’ terms, including a proposal in 2023 to increase them from three years to four years.
He questioned why officials are again seeking to change the term, this time to five years.
The proposed postponement could mean barangay and SK officials elected or serving under the current arrangement would remain in office beyond the period voters had expected to choose their successors.
For communities, that could delay their opportunity to assess the performance of incumbent officials and decide whether to retain or replace them.
Stability versus accountability
Supporters of longer terms argue that barangay officials need more time to implement programs and provide consistent services.
The argument has practical appeal. Barangay governments handle many services closest to residents, from local peace and order and disaster response to community programs and basic administrative assistance.
But longer terms also mean longer periods between opportunities for voters to hold their local officials accountable through elections.
That makes the timing of the proposed 2028 election particularly important.
If Congress postpones the November 2026 polls, voters would have to wait longer before they can directly decide whether their barangay and SK officials deserve another mandate.
A constitutional test
Macalintal said he is already preparing the legal challenge and would finalize the petition once the bill becomes law and receives a Republic Act number.
The Supreme Court could ultimately be asked to determine whether Congress has exceeded its authority by postponing an election already established under existing law.
For now, the proposal remains pending, while Macalintal is calling on the President to scrutinize its constitutionality before signing it.
The debate therefore goes beyond whether barangay officials need more time in office.
It raises a basic democratic question for millions of residents: Should Congress be able to extend local officials’ stay in power by moving an election — or should voters be allowed to decide on schedule?
