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Republic of the Philippines
OEPART MENT OF THE INTERIOR ANO LOCAL
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TO AIL REGIONAL DIR.ECTORS, FIELD OFFICERS, AND OTTIERS
CONCERNED
SUBJECT SUSPENSION OF LOCAI EI.ECTME OFFICIATS
FrB 0 s 2016
In view of the inllux of numerous verbal and written queries on the validity of the
imposition of preventive suspension or suspension as penalty by the sangguniang bayan,
sangguniang panlungsod, sangguniang panlalawigan, the Office ofthe President, the Office
ofthe Ombudsman and the Sandiganbayan upon respondent local elective officials during
the following periods:
1. election period vis-ir-vis the upcoming 2016 Synchronized National and Local
Elections, which per COMELEC Resolution No. 99811 was set from 10 |anuary 2016
up to 08 |une 2016, and
2. *day period immediately preceding local election mentioned in Section 62(c)' of
Republic Act No. 7160 or the Local Government Code of 1991
we find it necessary to issue this Advisory for the guidance of those concerned.
I IN THE MATTER OF PR-ESCRIBING THE CAI.ENDAR OT ACTIVTTIIS AND PER-IODS OF CERTAIN
PROHIBTED ACTS IN CONNECI]ON WTTH TIIE MAY 09, 2016 NATIONAI AND LOCAI EI.ECfiONS
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SectioD 62. -Alorae ofhearing.
(a) Within seven (7) days after the administrative complaint is 6led, the Office of the President or
t}le sanggunian concerned, as the case may be, shall require tie respondeDt to submit his verified answer
wittrir fifteen (15) days from receipt ttrereof, and commence the investigation of the case within ten (10) days
after receipt of such answer of the respondent.
(b) When ttre respondent is an elective ofticial of a province or highly urbanized city, such hearing
and investigation shall be conducted in the place where he renders or holds office- For all other local elective
officials, the venue shall be the place where the sanggunian ccmcerned is located.
(c) However. no inve*igadon shall be hdd wittrin pircty (90) days ippediat€ly prior to any locsl
electiou. atrd uo preveotive suspeoEion shall be imposed withir ttre said period Ifprcveotive srspepsion has
been imposed Drior to the 9Gday period immediately preceding local election, it shall be deemed
autoEaticrlly lifted upon the start of afor€said period. (Emphasis Suppiied)
For ease of reference, we have illustrated the aforesaid two (2) periods as follows:
Election Period
i
10 fanuary 2016 09 February 2016 09 May 2016 08 June 20i6
(Election Day)
90-day period
per Sec. 62 (c), LGC
Starting l0 fanuary 2016 up to 08 February 2016-The nngguniang bayan, sangguniang
panlungsod, sangguniang panlalawigan and the Office ofthe President may still impose
preventive suspension or suspension as a penalty upon local elective officials. However,
such suspension cannot be implemented rvithout prior approval from the COMELEC
pursuant to Section 261 (x) of the Omnibus Election Code in relation to COMELEC
Resolution No. i0030r.
Such COMELEC approval can be obtained by filing a request for exemption from the
ban together with other supporting documents required under COMELEC Resolution
No. i0030.
2. Starting 09 February 2016 until 08 May 2016 [90-day period contemplated under
Section 62 (c) of the Local Government Code]- The sangguniang bayan, sangguniang
panlungsod, sangguniang panlalawigan and the Office of the President can no longer
impose preventive suspension upon local elective officials.
If the sangguniang bayan, sangguniang panlungsod, sangguniang panlalawigan or the
Office ofthe President had imposed preventive suspension upon local elective officials
prior to 10 January 2016 (onset ofelection period) without COMELEC approval or even
after 10 fanuary 2016 with COMELEC approval but will last after 09 February 2016
[onset of the 90-day period under Section 62 (c) of the LGC], such preventive
suspension shall be deemed automatically lifted on 09 February 2016.
3 IN THE MATTER OF T]IE ENIORCEMXNT OF THE PROHIBITION AGAINST APPOINTMENT OR
HIRING OF NEW EMPLOYEES; CREATION OR FILLING-UP OF NEW POSITIONS; GIYING SAIARY
INCRXASES; TR.ANSFER OR DETAIL OF CTVIL SERVICE EMPLOYEES; AND SUSPENSION OF
ELECTTVE LOCAI OFI'ICIAIS IN CONNECTION WITH THE MAY 09. 2016 NATIONAI AND LOCAI,
EI.ECIIONS
Let it be noted that Section 62 (c) of the Local Government Code of l99lcategorically
states that the lifting of the preventive suspension on @ February 2016 shall be
'butomatic"hence, without need of arry further issuance for this purpose.
Let it be noted further that Section 62 (c) ofthe Local Government Code of 1991 governs
only those preventive suspensions imposed by the sangguniang bayan, sangguniang
panlungsod, sangguniang panlalawigan and the Office ofthe President. It is inapplicable
to the preventive suspension imposed by the Office of the Ombudsman and the
Sandiganbayan, which are guided by different laws, rules and regulations such as
Republic Act No.6770 (Ombudsman Act of 1989) and the Anti-Graft and Corrupt
Practices ActJ respectively.
As regards suspension as a penalty, Section 62 (c) ofthe Local Government Code of 1991
only mentions about the prohibition on the imposition of preventive suspension and
does not include suspension as a penalty. Hence, suspension as a penalty may be
imposed by the sangguniang bayan, sangguniang panlungsod, sangguniang
panlalawigan and the Office of the President notwitfutanding the onset of the 90-day
period under Section 62 (c) ofthe Local Government Code of 1991, provided however
that such implementation of suspension as a penalty is with prior approval from the
COMELEC pursuant to Section 261 (x) of the Omnibus Election Code in relation to
COMELEC Resolution No. 10030.
3. Starting l0 |anuary
2016 up to 08 ]une 2016 (Election Period)-- The Olfrce of rhe
Ombudsman may impose preventive suspension or suspension as a penalty and indorse
the same to the Department for implementation. However, the Department cannot
implement such order for suspension unless COMELEC's prior approval to proceed
with the implementation is obtained.
Such COMELEC approval can be obtained by filing a request for exemption from the
ban together with other supporting documents required under COMELEC Resolution
No. 10030.
While itmay be true that Section 261 (x) of the Omnibus Election Code clearly
mentions prohibition on suspension of local elective official without prior approval of
the COMELEC during election period, the conflicting guidance in COMELEC
Resolution No. 9680 dated 24 April 2013 in the case of Mayor Calixto Cataquiz of San
Pedro, Laguna and letter dated 12 November 2013 of Atty. Maria Norina S. Tangaro-
Casingal, Acting Director III, COMELEC-Law Department in relation to the case of
! In dtis Resolution, the COMELEC En Banc adopted tie recommendatiol ofthe COMELEC Law Deparrment
not to extend due course to DILG'S request for implementation of the penalty of dismissal against Mayot
Cataquiz since the penalty is graver than suspension and that the administrative nature ofthe case prohibits
the implementation ofthe removal of Mayor C-ataquiz.
c
Mayor Alejandro Gamos of Sta. Magdalena, Sorsogon5 prompted the Department to
request the COMELEC prior approval even on cases where the Office of the
Ombudsman imposes the penalty of dismissal from the service with all its accessory
penalties-
A formal request for final clarification on the matter was already sent to the COMELEC.
However, pending the Commission's final clarification on the matter, prudence dictates
we shall include the cases where the penalty involved is dismissal or removal from
office in our request for exemption from the ban on suspension.
4. Notrvithstanding the oruet ofthe election period or the 9G-day period under Section 62
(c) of the local Govemment Code--If the preventive suspension is imposed by the
Sandiganbayan in connection with a violation of the Anti-Graft and Corrupt Practices
Act, the same can already be implemented even without the COMELEC's prior
approval.
5. Norwithstanding the onset of the election period-suspension as a penalty or
preventiye suspension not under the Local Govemment Code of 1991 already being
served shall not be deemed lifted6.
All DILG Regional Directors and Field Officers are likewise directed to cause the
widest dissemination of this Advisory within their respective territorial jurisdictions.
A. PANADERO
Undersecretary
- ouslc
Ls/17
t ln this letter of Atty. Tangaro-Casingal, she opines that the prohibition under Section
261 {x) of the Omnibus
Election Code relates only to the implementation of an order of suspension of elected officials ahd does not
include an order of dismissal from the service.
6
Section 4, Rule lV, COMELEC Resolution No. 1OO3O.
