DILG: Suspended officials cannot perform duties even in new term

Elected officials facing final and executory suspension or dismissal orders are legally prohibited from performing their duties, even after the start of a new term, the Department of the Interior and Local Government (DILG) stated.

The DILG clarified that while these officials can legally hold their titles after proclamation and oath-taking, they cannot exercise the powers or responsibilities of their positions during their suspension or dismissal period.

This reminder comes as officials elected in the recent midterm polls formally assumed office.

The DILG cited the 2015 Supreme Court decision in Carpio-Morales vs. Court of Appeals and Binay, which upheld that administrative sanctions were still enforceable despite re-election.

The department further said both preventive and penalty-based executory suspension orders were still fully binding, regardless of whether the official was proclaimed the winner and took their oath.

However, it clarified that officials may still assume office if the suspension order on them was imposed as a penalty issued in line with the Local Government Code.