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

Decision 6 G.R. No. E-08557 Sec. 7. Appropriations. — The amount necessary to implement the provisions of this Act shall be included in the General Appropriations Act. Any unexpended balance of the appropriations authorized for the conduct of the barangay and Sangguniang Kabataan elections shall-be deemed continuing appropriation of the COMELEC and shall remain available as funding source to cover the preparatory activities for the 2028 National and Local Elections and such other lawful expenditures and purposes as may be determined by the Commission. Sec. 8. Separability Clause. — If any provision or part of this Act is declared unconstitutional, the remainder hereof not otherwise affected shall remain in full force and effect. Sec. 9. Repealing Clause. — All laws, acts, decrees, executive orders, issuances, rules and regulations, or parts thereof which are contrary to and inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly. Sec. 10. Effectivity. — This Act shall take effect immediately after its publication in the Official Gazette or in a newspaper of general circulation. On September 25, 2026, the COMELEC issued Minute Resolution 26-0842 which resolved to approve the cessation of all activities related to the November 2026 BSKE by virtue of Republic Act No. 12326, including activities such as the filing of certificates of candidacy and the printing of ballots. On September 27, 2026, Macalintal filed the present Petition as a voter, taxpayer, and practicing lawyer with an actual and material legal interest in the subject of this petition. He alleges that this Court disregarded the 2023 Macalintal guidelines in upholding the validity of Republic Act No. 12232, and that Congress did the same when it enacted Republic Act No. 12326. Specifically, he puts forward the following arguments in support of his Petition: bt Republic Act No. 12326 infringes the electorate’s right of suffrage by postponing the November 2026 BSKE under the guise of fixing terms. Ii. The postponement does not satisfy the Macalintal guidelines and substantive due process. TI. Republic Act No. 12326 is an ELECTION POSTPONEMENT LAW, disguised as a “term-fixing” law and is unconstitutional because the holdover mechanism applied to incumbent barangay officials constitutes legislative appointment in violation of the constitutional provision that they must be elected and NOT appointed.