DILG Issues Advisory on Assumption of Office by Elected Officials with Pending Ombudsman Cases

The Department of the Interior and Local Government (DILG) has issued an advisory addressing the assumption of office by local elective officials who were previously dismissed by the Office of the Ombudsman but were elected in the May 2025 national and local elections.

A ccording to the advisory, the accessory penalty of perpetual disqualification from holding public office applies only when the Ombudsman’s decision has become final and executory. Dismissal decisions are immediately executory only in so far as they pertain to removal from the current post.

The DILG clarified that elected officials whose administrative cases remain under review, such as those with pending Motions for Reconsideration, appeals, or other legal remedies, are not considered perpetually disqualified from holding public office. This includes cases where officials are in the process of seeking temporary relief from the courts, such as the issuance of a temporary restraining order or writ of preliminary injunction.

The advisory cites existing jurisprudence, including Pichay v. Commission on Elections and Muñoz v. House of Representatives Electoral Tribunal, which underscore that accessory penalties may be enforced only upon the finality of the decision.

T he Department stated that it will continue to coordinate with the Commission on Elections, the courts, and other relevant institutions to ensure procedural consistency and adherence to applicable laws and legal doctrines.

The guidance has been circulated to all DILG regional offices, legal units, and concerned agencies for appropriate reference and application. The advisory applies to all similarly situated officials nationwide.

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