Respondents administrative liable for grave misconduct and imposing upon them the penalty of dismissal for service-Libacao, Aklan

~ = BAGONG PILIPINAS Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA cor. Quezon Avenue, West Triangle, Quezon City www.dilg.gov.ph DILG OPINION NO. 33 5. 203 OCT 06 2025 JOHN RANDY P. ZAPATA Former Municipal Mayor Libacao, Aklan Dear Mr. Zapata: This pertains to your Letter dated June 28, 2025, requesting this Department to bar the assumption to office of Mayor Vincent |. Navarosa and Vice Mayor Charito Navarosa of Libacao, Aklan, in view of the Decision of the Ombudsman in OMB-V-A- JAN-23-0014, finding the respondents administratively liable for grave misconduct and imposing upon them the penalty of dismissal from service “with accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, perpetual disqualification from holding public office, and bar from taking civil service examination.” It is intimated that despite the Decision of the Ombudsman, Charito Navarosa and Vincent |. Navarosa filed their candidacy during the May 2025 Local and National Elections, as candidates for Vice Mayor and Mayor of Libacao, Aklan, respectively. Accordingly, you filed a petition for disqualification against them before the COMELEC. Hence, your vehement opposition and objection to the assumption of the Office of Vincent |. Navarosa and Charito |. Navarosa. It is your submission that “if a candidate is perpetually disqualified to hold public office, he is disqualified to take his oath as a public officer,” citing the Ombudsman Memorandum Circular No. 1, series of 2006, and the pronouncement of the Supreme Court in Office of the Ombudsman v. Pacuribot' that the decision of the Ombudsman is immediately executory pending appeal and may not be stayed by the filing of the appeal or injunctive relief.” Relative thereto, please be apprised that the Department, in its 11 June 2025 Advisory, addressed 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. In the said Advisory, we clarified that 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 insofar as they pertain to removal from the current post. We further clarified therein 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 1G.R. No. 193336, dated September 26, 2018 “Matino, Mahusay at Maaasahan” Trunkline No. (02) 8876 3454