DILG: Suspended or dismissed officials barred from exercising office powers

Elected officials with final and executory suspension or dismissal orders remain legally barred from performing their duties, even after assuming office on 30 June, the start of the new term, the Department of the Interior and Local Government (DILG) said Monday.

In a statement, the DILG clarified that while such officials may hold the title after proclamation and oath-taking, they are not allowed to discharge the responsibilities of their post during the period of suspension or dismissal.

"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 department noted.

The DILG explained that dismissal decisions from the Office of the Ombudsman become immediately executory only in terms of removing an official from their current position. The penalty of perpetual disqualification from holding public office, however, only applies once the decision becomes final and executory.

Officials with pending motions for reconsideration or judicial remedies, therefore, are not yet considered perpetually disqualified and may still assume office—subject to the outcome of their appeals.

Still, the DILG stressed that both preventive and penalty-based suspensions remain enforceable regardless of whether the official was proclaimed and took an oath.

Citing the Supreme Court ruling in Carpio Morales v. Court of Appeals and Binay, the agency underscored that administrative sanctions remain valid and enforceable despite reelection, following the abandonment of the condonation doctrine.

To avoid governance disruptions, the DILG said it has activated succession protocols under Section 46 of the Local Government Code. In such cases, the vice governor, vice mayor, or highest-ranking sanggunian member will temporarily take over the functions of the local chief executive.

Vacant sanggunian posts will be filled in accordance with Administrative Order No. 15 (2018), ensuring continuity of public service.

The DILG reiterated its directive to all regional directors through a memorandum dated 30 June, instructing strict adherence to the guidelines.