Elected officials whose administrative cases remain under review are not considered perpetually disqualified from holding public office, the Department of the Interior and Local Government (DILG) said yesterday.

The DILG made this remark as it issued an advisory addressing the assumption of office by elected officials in the last May 12 polls despite being previously dismissed by the Office of the Ombudsman.

The DILG said the advisory covers elected officials whose administrative cases remain under review, such as those with pending motions for reconsideration, appeals, or other legal remedies.

”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 DILG said in a news release.

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

The DILG added 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. (PNA)