DILG: ON THE ASSUMPTION TO OFFICE OF LOCAL ELECTIVE OFFICIALS CURRENTLY UNDER PREVENTIVE SUSPENSION OR SERVING SUSPENSION AS A PENALTY BUT WHO WERE ELECTED IN THE 2025 LOCAL ELECTIONS
The Department of the Interior and Local Government (DILG) affirms that elected officials with final and executory orders of suspension or dismissal remain legally barred from exercising the powers of their office, even as they assume title today, June 30, 2025, the official start of the new term.
According to the DILG, a dismissal decision from the Office of the Ombudsman becomes immediately executory only in so far as it pertains to the official’s removal from the current post. The accessory penalty of perpetual disqualification from holding public office applies only upon finality of the decision. Officials with pending motions for reconsideration or judicial remedies may not yet be considered perpetually disqualified and may assume office, subject to outcome of their cases.
However, except for suspension imposed as a penalty issued pursuant to the LGC, executory suspension orders, whether preventive or penalty-based—remain fully binding, even if the official has been proclaimed and has taken an oath. In such cases, assumption to office is limited to the acquisition of legal title; the official is not permitted to perform the duties, exercise the powers, or discharge the responsibilities of the position during the period of suspension.
The DILG emphasized that the rule of law mandates compliance with valid suspension and dismissal orders, regardless of electoral outcome. This position is supported by jurisprudence, including Carpio Morales v. CA and Binay, which categorically abandoned the condonation doctrine and upheld the enforceability of administrative sanctions despite re-election.
To prevent disruption in governance, the DILG has activated succession protocols under Section 46 of the Local Government Code. In cases where elected local officials are under final suspension or dismissal, the vice-governor, vice-mayor, or highest-ranking sanggunian member shall perform the functions of the local chief executive. Temporary vacancies in the sanggunian are to be filled in accordance with Administrative Order No. 15 (2018), ensuring continuous delivery of public service.
This directive was reiterated to all Regional Directors via memorandum dated June 30, 2025, instructing strict compliance therein.