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Romulo B. Macalintal v. Office of the President, et al. — Decision — Official PDF
G.R. No. E-08557 — Promulgated October 14, 2026 · 2026 · Supreme Court 2026 / Decision or signed resolution
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Decision 4 G.R. No. E-08557
for November 2, 2026, and every four years thereafter. The assumption of
office of winning candidates was on the first day of December next
following their election, and the hold-over of incumbents until their
successors have been elected and qualified.
On November 11, 2025, this Court dismissed the petitions
challenging Republic Act No. 12232 in Macalintal v. Senate’ (2025
Macalintal). We ruled that “Congress has the authority to determine the
term of office of barangay officials, as explicitly stated in Article X, Section
8 of the Constitution.”
On September 24, 2026, President Ferdinand R. Marcos, Jr. signed
into law Republic Act No. 12326, which took effect immediately after its
publication in the. Official Gazette on the next day. It amended several
sections of Republic Act No. 12232. In its entirety, Republic Act No. 12326
reads:
Section 1. Section 1 of 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” is hereby amended to
read as follows:
\ “Section 1. Term of Office. — The term of
| office of all elected barangay and Sangguniang
' Kabataan officials shall be five [] years. No elective
barangay official shall serve for more than two []
consecutive terms in the same position. No elective
Sangguniang Kabataan official shall serve for more
than one [] term in the same position. Voluntary
renunciation of office for any length of time shall not
be considered as an interruption in the continuity of
service for the full term for which the elective official
was elected.”
Sec. 2. Section 2 of Republic Act No. 12232 is hereby amended
to read as follows:
“Sec. 2. Date of Election. — The next regular
barangay and Sangguniang Kabataan elections shall
be held on the second Monday of November 2028 and
every five [] vears thereafter.”
Section 3. A new Section 4-A is hereby inserted after Section 4
of Republic Act No. 12232, to read as follows:
“Section 4-A. Filling Up of Vacancies in
Sangguniang Kabataan Membership — Any other
provision of law to the contrary notwithstanding, a
vacancy in the membership of the Sangguniang
Kabataan shall be filled through the appointment by
the city or municipal mayor with jurisdiction over the
° GR. Nos. E-02002, 5-02010, B-02142, £-02276, November 11, 2025 [Per J. J. Lopez, En Banc].
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