PDLs sans final conviction allowed to hold elective positions — Comelec

The Commission on Elections said on Wednesday that persons deprived of liberty are allowed to be elected as long as there is no final conviction from the courts.

Comelec chairman George Erwin Garcia responded to the circulating information that three PDLs won the 2023 barangay and Sangguniang Kabataan election and that PDLs still have the right to vote and be voted for.

"We allowed the PDLs to vote because of the Supreme Court decision on the case of Aguinaldo versus Comelec and Bureau of Corrections. In that case, they are not finally convicted or there is no final judgment saying they are guilty. Therefore, they still have the right to vote and be voted for," Garcia said in an interview.

The chairman was alluding to a Supreme Court ruling in March 2022 that permits prisoners to vote at the local level. He added that while PDLs are allowed to run for office, but they are still prohibited from going to barangay halls to serve.

"Now, the question is how will they serve. I think, their constituents are fully aware that these candidates are detained. They are deprived of liberty so their participation in their barangays is very limited," Garcia said.

According to the report of Comelec, three PDLs have been elected during the 2023 Barangay and Sangguniang Kabataan Elections (BSKE). One PDL currently detained in Tanay Municipal Jail was elected as barangay kagawad in Barangay Kay Buto, Tanay, Rizal; one in Dasmarinas City Jail-Male Dormitory elected as barangay kagawad, in Barangay Datu Esmael, Dasmarinas City, Cavite; and another in Cagayan de Oro Jail-Male dormitory elected as barangay kagawad in Barangay Ipunan, Cagayan de Oro City.