MANILA — The Supreme Court on Wednesday released the guidelines for Friday's oral arguments on the petition against the postponement of the 2022 barangay elections.

To recall, veteran election lawyer Romulo Macalintal on Monday challenged before the high court the power of Congress to effectively extend the terms of barangay officials.

He argued that only the Commission on Elections (Comelec) has the power to declare if there are "serious causes" to postpone the polls such as violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other situations that make it impossible to hold the elections.

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Macalintal said the law violates the electorate's right to due process because they will be "forced to accept" the "appointed" barangay leaders whether they like them or not, without notice and hearing.

In its advisory, the SC said Macalintal and respondents (Comelec, Office of the President) should limit their discussion to the following essential issues:

• Whether Congress has the power to postpone or cancel the schedule of barangay elections
• Whether Congress effectively disenfranchised voters thereby violating their right to due process and their right to suffrage
• Whether the postponement of barangay elections is constitutionally constrained by the grounds enumerated under Section 5 of the Omnibus Election Code of the Philippines, subject to the sole determination of the Comelec
• Whether the postponement of the barangay elections, scheduled to be held on December 5, 2022, to October 2023 will amount to a "legislative" appointment of the incumbent barangay officials
• Whether RA 11935, the law postponing the Dec. 2022 barangay and SK elections, violates the "one subject, one title rule" enshrined in Section 26 (I), Article VI of the Constitution for supposedly amending Section 5 of Batas Pambansa Blg. (BP) 881 despite the general repealing clause found in Section 6 of RA 11935

READ: The Advisory in G.R. No. 263590 (Macalintal vs COMELEC and Office of the President) for the Oral Arguments on Friday, October 21, 2022, 3:00P.M., at the En Banc Session Hall #BarangayElections2022 #RA11935 pic.twitter.com/K1PPlUXsdb

— Philippine Supreme Court Public Information Office (@SCPh_PIO) October 19, 2022

Aside from these issues, the court also wants to know if the Comelec has the logistical capability to conduct the elections should the December 5, 2022 schedule pushes through.

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— report from Mike Navallo, ABS-CBN News

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