SC petitioner: Resetting BSKE sked is Comelec's call, not Congress'

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MANILA, Philippines — Election lawyer Romulo Macalintal on Friday refuted the poll body chief’s remarks that Congress still has the authority to set the new date for the barangay…

MANILA, Philippines — Election lawyer Romulo Macalintal on Friday refuted the poll body chief’s remarks that Congress still has the authority to set the new date for the barangay and Sangguniang Kabataan (SK) elections (BSKE) even if the Supreme Court overturns its ruling and declares the resetting of polls illegal.

In a statement, Macalintal stressed that passing the task of rescheduling the BSKE should the Supreme Court rule in his favor would be a “mockery of justice” and effectively reward Congress alleged abuse of discretion in postponing the polls.

“This grants the legislature unchecked power over election scheduling,” he said. “For instance, if a postponement law is enacted just days before the scheduled polls—leaving virtually no time to question its constitutionality—the public is left without recourse.

READ: BSKE delay: Macalintal cites public outrage in bid to flip SC decision

The veteran lawyer pointed out that putting a court-ordered election in the hands of the lawmakers would result in further postponement of the election.

Macalintal, in his 19-page motion for partial reconsideration filed Tuesday night, urged the high tribunal to reconsider its ruling postponing the BSKE and direct the Commission on Elections (Comelec) to hold the polls at the earliest feasible date.

He said the majority of the high tribunal, voting 9-5, “gravely erred” in allowing the deferment of the BSKE as a “mere incident,” setting the term of office at five years.

Macalintal initially challenged Republic Act No. 12326, the law that moved the polls to Nov. 13, 2028, from the original date of Nov. 2 this year.

After filing Macalintal’s motion, Comelec Chair George Garcia said the poll body no longer has the mandate to reschedule the polls once 30 days have passed since the original election date.

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