DILG: No lifetime ban unless case is final

The Department of the Interior and Local Government (DILG) issued an advisory on Monday clarifying the rules for local officials who were previously dismissed by the Office of the Ombudsman but managed to win in the May 2025 elections.

In its advisory, the DILG explained that the penalty of perpetual disqualification from holding public office only takes effect once the Ombudsman’s decision becomes final and executory.

While dismissal orders are immediately enforceable in removing officials from their current positions, the lifelong ban doesn’t automatically apply until the ruling is final.

The DILG also clarified that elected officials with pending administrative cases — such as those appealing their cases or seeking legal remedies like a temporary restraining order or injunction from the courts — are not considered perpetually disqualified. They remain eligible to assume office while their cases are under review.

The advisory cited Supreme Court rulings, including Pichay vs Commission on Elections and Muñoz vs House of Representatives Electoral Tribunal, both of which emphasized that accessory penalties like perpetual disqualification can only be enforced once a decision becomes final.

The DILG assured that it is working closely with the Commission on Elections, the courts, and other agencies to ensure that procedures are properly followed and aligned with existing laws and legal doctrines.

Copies of the advisory have been distributed to all DILG regional offices, legal units, and agencies concerned for guidance and proper action.