DILG clarifies issue of officials with pending cases before Ombudsman
MANILA, Philippines — The Department of Interior and Local Government (DILG) on Monday said that elected officials with pending cases before the Office of the Ombudsman are not automatically perpetually disqualified from holding public offices.
Based on DILG’s advisory, the decision only applies “when the Ombudsman’s decision has become final and executory.”
“The DILG clarified that elected officials whose administrative cases remain under review, such as those pending with Motions for Reconsideration, appeals, or other legal remedies, are not considered perpetually disqualified from holding public office,” the agency said in a statement.
READ: DILG maintains no elected official can assume office without filing Soce
The DILG cited Pichay v. Commission on Elections [Comelec] and Muñoz v. House of Representatives Electoral Tribunal emphasizing that the enforcement of penalties only when the decision becomes final and executory.
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“The 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 DILG added.
Meanwhile, the Comelec earlier declared Porac, Pampanga mayor-elect Jaime Capil disqualified from the 2025 midterm elections after proceeding with his reelection bid despite being permanently disqualified to hold public office.
The Ombudsman issued the decision last April due to gross neglect of duty in a case filed by the DILG and the Philippine National Police which stemmed from illegal operations and criminal activities of the Philippine Offshore Gaming Operator Lucky South 99.
DILG on Monday also maintained that no elected official can assume office without filing their respective statements of contribution and expenditure (Soces). The agency cited Comelec Resolution No. 10730 and Republic Act No. 7166 as the period of filing of SOCEs for the 2025 elections ended last June 11. /cb
