Romulo B. Macalintal v. Office of the President, et al. — Decision — Official PDF

Decision 2 G.R. No. E-08557 - Alexander Hamilton, The Federalist No. 78 Petitioner Romulo B. Macalintal filed a Petition for Certiorari and Prohibition with prayer for the immediate issuance of a status quo ante order (SQAO), temporary restraining order (TRO), and/or writ of preliminary injunction (WPI) and urgent motion to conduct special raffle’ against respondents Office of the President (OP), through the Executive Secretary, the House of Representatives (HOR), the Senate of the Philippines (Senate), and the Commission on Elections (COMELEC).” The Petition invoked Rule 65 of the Rules of Court and Article VUI, Section 1 of the Constitution to review, prohibit, and declare Republic Act No. 123267 void and unconstitutional because it is contrary to the provisions of the Constitution and prevailing jurisprudence, and therefore enacted with grave abuse of discretion amounting to lack or excess of jurisdiction.* Antecedents 1 The Petition prayed for the following: i. Upon the filing of this Petition, this Honorable Court CONDUCT a special raffle of this case so that this urgent Petition may be immediately acted upon; and thereafter: a. ISSUE a Temporary Restraining Order and/or Status Quo Ante Order directing respondents, and all persons acting on their bebalf, to refrain from implementing Republic Act No.12326, or to OBSERVE THE STATUS QUO prevailing before its passage insofar as it pertains to the postponement of the November 2, 2026 Barangay and Sangguniang Kabataan Elections, until further orders from this Honorable Court; b. DIRECT respondent COMELEC to CONTINUE with its preparations for the November 2, 2026 BSKE in a manner that will ensure clean, honest, and credible Barangay and Sangguniang Kabataan elections, should this Honorable Court rule that said elections should take place as scheduled; and c. In the event that incumbent barangay officials shall have assumed office in a holdover capacity before this Honorable Court could issue the injunctive reliefs prayed for, ISSUE a Status Quo Ante Order directing them to observe the status quo prevailing prior to their appointment or installation as holdover officials, or tc CEASE and DESIST from claiming, assuming, or performing said functions until further orders from this Honorable Court. 2. After due proceedings, this Honorable Court render judgment GRANTING this Petition and: (Gi) DECLARING Republic Act No. 12326 inoperative, invalid, and/or unconstitutional insofar as it pertains to the postponement of the November 2, 2026 Barangay and Sangguniang Kabataan Elections; and (ii) DIRECTING respondent COMELEC to continue and/or resume preparations for the holding of the November Z, 2026 BSKE or, if by reasons of tirne constraints the same could not. be -heid on such daie. onduct the said elections on a date reasonably close to November 2, 2626 pursuant to Sec’ the Omnibus Election Code. i entation of RA 12326. The HOR is identified (HBN) 10971, adopting Senate Bill No. (SBN) 2387, which was signed by the P: 12326. The Senate is the government instrumentality that passed SBN 2387. Finally, js the constitutional commission tasked with administering all laws relating to elections and with preparing for and holding the November 2026 BSKE. An Act Fixing the Term of Office of Barangay Of to Five {] Years, Amending Republic Act No, 122 Officials and Members of the Sanggu: Petition, p. 5. . fs and Members of the Sangguniang Kabataan Zor *An Act Setting the Term of Office of Barangay ataen. and for Other. Purposes.” 4