SC asked: Declare BSKE postponement unconstitutional

Election lawyer Romulo Macalintal filed a petition yesterday before the Supreme Court, challenging the constitutionality of Republic Act 12232, which extends the term of office of barangay and Sangguniang Kabataan (SK) officials to four years from the current three and postpones by a year the barangay and SK elections set this Dec. 1.

- ELIZABETH MARCELO

In a 33-page petition for certiorari, Macalintal said RA 12232, which was signed into law by President Marcos on Aug. 13, must be declared "unconstitutional, null and void" as the legislation "smacks of deception and clear misleading provisions." "It is a clear violation of the people's right to suffrage and a violation of their right to information affecting their constitutional right," he said in his petition.

Macalintal asked the SC to issue a status quo ante order, a temporary restraining order (TRO) or a writ of preliminary injunction against the implementation of RA 12232 and to proceed with the BSKE on Dec. 1 this year, or on another date "reasonably close" to it.

Named as respondents in the petition were the Senate, House of Representatives, Office of the President through Executive Secretary Lucas Bersamin and the Commission on Elections (Comelec).