Macalintal v. COMELEC

On October 10, 2022, the President approved Republic Act No. (RA) 11935. The law postponed the barangay and sangguniang kabataan elections (BSKE) scheduled for December 5, 2022 to the last Monday of October 2023. It also allowed incumbent BSK officials to hold over until their successors were elected and qualified. On October 17, 2022, Atty. Romulo Macalintal filed a petition for certiorari and prohibition (G.R. No. 263590). He argued that only COMELEC may postpone elections under Section 5 of the Omnibus Election Code, and that the law amounted to a legislative appointment and an unconstitutional term extension. He further claimed it violated the one-subject rule and the right of suffrage. Atty. Alberto Hidalgo and others filed a similar petition (G.R. No. 263673), and the cases were consolidated. The OSG invoked Congress's plenary legislative power and the political question doctrine. It argued that the postponement only adjusted the election date and served a compelling state interest. The Court heard oral arguments on October 21, 2022. The December 5, 2022 date passed while the case was pending.

1. 1Whether Congress has the power to postpone barangay and SK elections, or whether that power belongs exclusively to COMELEC.
2. 2Whether RA 11935 is unconstitutional for violating substantive due process and the right of suffrage.
3. 3What effects follow from a declaration of unconstitutionality, given that the December 2022 election date had lapsed.

The petitions were granted and RA 11935 was declared unconstitutional. The Court first held that the case was not moot, because the law's infringement of suffrage continued until the BSKE was held, and the exceptions to mootness applied anyway. The power to postpone barangay elections is inherent in Congress's plenary legislative power and in its power under Section 8, Article X to fix the term of barangay officials. COMELEC's power under Sections 5 and 45 of the OEC is delegated and limited. The substantive due process requisites are a lawful subject and a lawful method, and these apply under any level of scrutiny. RA 11935 failed both. The legislative records showed that the animating reason was to realign COMELEC's PHP 8.4 billion BSKE budget to other programs. Under Article VI, Section 25(5), that would be an impermissible transfer of appropriations, and it arbitrarily burdened the right of suffrage. The enactment was therefore attended by grave abuse of discretion. Hold-over is not a legislative appointment, and it does not extend the term, as distinguished from tenure. For future postponements, the Court required reasons that are important, substantial or compelling, and not merely election fatigue or divisiveness. Postponements must also be genuine, reasonably appropriate and narrowly tailored, and must keep elections periodic. Under the operative fact doctrine, the October 2023 BSKE would proceed and incumbents would hold over. Their terms were deemed to have ended December 31, 2022, and later elections would follow RA 11462. Disposition: petitions granted and RA 11935 declared unconstitutional.