After oral arguments, SC orders filing of memos on postponement of BSKE


Supreme Court

The Supreme Court (SC) on Friday evening, Oct. 21, ordered the filing of memorandum in 15 days on the petition that challenged the constitutionality of the law that postponed the Dec. 5, 2022 Barangay and Sangguniang Kabataan Elections (BSKE).

The order to file memorandum was ordered by the SC after the termination at past 7 p.m. of the oral arguments it conducted on the petition filed by election lawyer Romulo B. Macalintal.

Aside from Macalintal, also ordered to file memorandum – amplification of the issues raised during the oral arguments -- were the Commission on Elections (Comelec) and the Office of the President (OP) which were named respondents in the petition.

The memorandum for the Comelec and the OP will be filed by Solicitor General Menardo I. Guevarra who argued for the government during the four-hour legal debate that started at 3 p.m.

In its comment to the petition, the Office of the Solicitor General (OSG) sought the dismissal of “utter lack of merit” of Macalintal’s petition.

In his arguments, Macalintal reiterated his allegations in his petition that Republic Act No. 11935, which postponed the BSKE to Oct. 30, 2023, is unconstitutional.

Meanwhile, the SC’s public information office (PIO) said that another petition against RA 11935 was filed last Thursday, Oct. 20, by lawyer Alberto N. Hidalgo. Also, the Comelec and the OP were named respondents.

The PIO said the SC required both the Comelec and the OP to comment in 15 days from receipt of notice on Hidalgo’s petition which also sought the issuance of a temporary restraining order (TRO) against the implementation of RA 11935.

It said Hidalgo’s petition was consolidated with the case filed by Macalintal.

TAGS: #SC #Comelec #BSKE #OSG