E-08557 Concurring and Dissenting Opinion: Senior Associate Justice Marvic M.V.F. Leonen — Official PDF

EN BANC G.R. No. E-08557 — ROMULO B. MACALINTAL, Petitioner, v. OFFICE OF THE PRESIDENT, through the EXECUTIVE SECRETARY, SENATE OF THE PHILIPPINES, HOUSE OF REPRESENTATIVES, and COMMISSION ON. ELECTIONS... -. Respondents. Promulgated: October 14, 2026. - Z (et CONCURRING AND DISSENTING OPINIOT LEONEN, SAJ: I regret that |.cannot fully join the majority. Postponing the barangay and Sangguniang Kabataan elections abuses the inherent sovereign right to suffrage.! This undermines our democracy and the concept of a republican government. We elected the current set of barangay and Sangguniang Kabataan officials to govern for a specific period. That is a covenant .between the sovereign people, exercising their right of suffrage. That is the purpose of their elected officials as their representatives or their political agents. While the Constitution allows Congress to modify the terms of office of barangay and Sangguniang Kabataan officials, it cannot, however, apply that change to incumbents. Otherwise, our right to suffrage will be infringed. Republic Act No. 123267 not only amends the term of office of barangay and Sangguniang Kabataan officials, it also extends the tenure of incumbent officials. In effect, it postpones the barangay and Sangguniang Kabataan elections. Congress in effect decided who will continue to govern barangay and Sangguniang Kabataan officials, not the electorate. I concur with the majority that extending the term of office of barangay: - and Sangguniang Kabataan officials is within Congress’s power. I also A 1 See CONST., art. V, sec. |. 2 An Act Fixing the Term of Barangay Officials and Members of the Sangguniang Kabataan to Five (sy Years, Amending Republic Act No. 12232 or “An Act Setting the Term of Office of Barangay Officials and Members of the Sangguniang Kabataan, and For Other Purposes.”