MANILA, Philippines — The Commission on Elections (Comelec) may not be able to hold the Nov. 2 barangay and Sangguniang Kabataan (SK) elections if the Supreme Court issues a temporary restraining order (TRO) against the postponement, Comelec Chairperson George Garcia said Monday.
Garcia made the statement during the Senate finance committee hearing on the Comelec’s proposed 2027 budget, amid a Supreme Court petition challenging Republic Act 12326, which postponed the elections until November 2028.
Senate President Pro Tempore Vicente Sotto III asked Garcia how the Comelec would respond if the high court issues a TRO.
“[It] seems we will not be able to hold the elections on November 2,” Garcia told senators, without preempting the Supreme Court’s decision.
Comelec halts election preparations
Garcia said the Comelec had already stopped preparations for the Nov. 2 elections after the enactment of the law extending the terms of barangay and SK officials to five years and moving the elections to November 2028.
The poll body also suspended activities related to the filing of certificates of candidacy, which had been scheduled to continue until Oct. 5.
Garcia said the Comelec could not immediately resume the filing period if the Supreme Court orders the elections to proceed because the agency would need to inform voters nationwide.
He estimated that the information campaign could take up to two weeks before the Comelec could issue a resolution reopening the filing process.
Comelec prepares for possible SC order
Garcia said the Comelec had prepared for possible action from the Supreme Court.
Under the Omnibus Election Code, the Comelec can postpone elections in cases involving terrorism, violence or force majeure.
Garcia said he told the Supreme Court during oral arguments that the Comelec could interpret a court order as a force majeure event and use its authority to extend the election period for up to 30 days after the situation ends.
He said the Comelec would follow whatever order the Supreme Court issues.
“Whatever the Supreme Court will release by tomorrow, the Comelec is prepared, just in case,” Garcia told senators.
Comelec cites P8 billion in preparations
Garcia said the Comelec had already spent about P8 billion on preparations for the 2026 barangay and SK elections.
He said the agency could still use many of the election materials and equipment if the elections move to another date, provided it stores them properly.
Garcia also said the Comelec had about P11 billion in unspent funds from the postponed elections. The new law could allow the agency to use the funds for preparations for the 2028 national and local elections.
Sen. Panfilo “Ping” Lacson later approved a motion from Sen. Bong Go recommending the Comelec’s budget for consideration by the Senate plenary.
