Macalintal vs. COMELEC, G.R. No. 263590.

June 27, 2023

FACTS: Two petitions challenged the constitutionality of Republic Act (RA) 11935, which postponed the barangay and
sangguniang kabataan elections (BSKE) scheduled for December 5, 2022, to a later date in October 2023. Atty.
Macalintal, in G.R. No. 263590, argues that RA 11935 is unconstitutional because it encroaches on the power of the
Commission on Elections (COMELEC) to postpone elections, effectively appoints barangay officials, and violates
various constitutional provisions. He seeks a declaration of unconstitutionality and urges the COMELEC to proceed
with the elections. The Office of the Solicitor General (OSG) counters that Congress has the authority to legislate on
election matters and that there is no grave abuse of discretion in RA 11935.

In G.R. No. 263673, Atty. Hidalgo et al. also challenge RA 11935's constitutionality, arguing that Congress
lacks the power to postpone elections, which is reserved for the COMELEC. They claim that the postponement
violates voters' rights and seek nullification of the law. The OSG maintains that RA 11935 is valid and necessary for
the Congress to review the BSKE system. Both petitions request temporary restraining orders (TROs) or preliminary
injunctions to halt RA 11935's implementation. The OSG contends that such relief is unwarranted.

ISSUE: Whether there is a violation of Freedom of expression

HELD: The intrinsic connection between the right to vote and the right to freedom of expression. It asserts that
freedom of expression, encompassing verbal, symbolic, and non-verbal forms, is fundamental to democracy, enabling
individuals to express their views on political matters and participate in social and political decision-making.

Quoting from legal precedents, it underscores that governmental restrictions on expression related to
convincing others to vote for or against a candidate are heavily scrutinized and presumed invalid. It highlights that
voting is not merely a mechanical act but a significant expressive act, allowing individuals to have a voice in elections
and thereby shaping governance.

Furthermore, it argues that the freedoms of speech, press, assembly, and redress of grievances are absolute
and timeless when exercised in relation to suffrage. It stresses the importance of continuous scrutiny of government
officials by the public and rejects the notion of limiting public discourse to specific periods, asserting that these
liberties are essential for the proper enjoyment of the right to vote.