Repablicof he Pprn DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT. DILGNAPOLCOM Centar, EDSA camor Quezon Ave, Wel Tanga Oosaon Cy Ip: dip gong DILG OPINTON we. § op |} ATTY, RODOLFO T. TUAZON 23 JAN 2017 Former 3-Consecutive Term Congr Managing Partner TUAZON, ALEGRO, FAJARDO & TUAZON LAW OFFICES No. 97 Scout Rallos St. Brgy. Sacred Heart, Quezon City nan Dear Atty. Tuazon: ‘This has reference to your letter dated 07 November 2016 requesting the Department's legal opinion on whether or not a CANDIDATE who ran and lost in the last 2016 election may be appointed to a permanent vacancy in the Sangguniang Bayan or in the Sangguniang Panlungsod of non-independent component cities in accordance with Section 45 (b), Chapter 2, Title Two of the Local Government Code of 1991 (RA 7160). At the outset, we note that it was not indicated in your letter the period when the ppointment of the candidate who ran and lost in the last 2016 election to a permanent vacancy in the Sangguniang Bayan or in the Sangguniang Panlungsod will be made, tfor instance, within one (1) year after the May 2016 Synchronized National and Local Elections or thereafter. Be that as it may, if the aforesaid appointment is made within one (1) year after the May 2016 Synchronized National and Local Elections, may we invite your attention to the following provisions of law and issuance: Section 94, Republic Act No. 7160 (Local Goverament Code of 1991) “SECTION 94. Appointment of Elective and Appointive Local Officials; Candidate Who Lost in an Election —xxx () candidate who. lost ept for losing candidates in barangay elections, no in any election shall, within one (1) year alter such election, be appointed to any office in the Government or any government- owned or controlled corporations or in any of their subsidiaries.”Section 4, Rule XII, Omnibus Rules on Appointment and Other Personnel Actions (CSC Memorandum Circular No. 40, s. 1998, as amended) “Section 4. A person who lost in an election (except Barangay election) shall not be eligible for appointment or reemployment to any office in the government or any government-owned or controlled corporation within one year following such election. Based on the foregoing, asa general rule, candidates who lost in any election cannot be appointed to any office in the Government or any government-owned or controlled corporations or in any of their subsidiaries within one year following such election. ‘The phrase “any office in che governmenc” encompasses both national and local offices or agencies and regardless of whether the position is an appointive or an elective post. It is ther an entrenched rule of statutory construction that when the law does not distinguish, wwe should not distinguish. Moreover, to allow a person to be appointed to an elective post such as Sangguniang Bayan or Panlungsod Member, within one year from the last election held where he was defeated would in effect defeat the electorate’s will. Clearly, he was rejected by the people's, will and expression in the last election and such rejection should not now be put in oblivion and completely disregarded by the mere expedience of an appointment. ‘The rationale behind the one-year prohibition is the extirpation of the “spoils system,” considering that the foregoing provisions are directed against the so-called ‘political lameducks” Such general rule however has an exception. The aforequoted provisions of law and nce is clear that if the candidate to be appointed lost in barangay elections, he may still be appointed to “any office in the government’ even if the same was made within the one- year prohibition If the appointment is made after the aforesaid one (1) year period, the losing candidate may now be appointed to any office in the government or any government owned or controlled corporations in any of their subsidiaries. ‘We hope to have addressed your concern accordingly. Very truly yours, AUSTIRRE A. PANADERO Undersecretary + CSC Resolution No, 02-0012, Gato, Vicente.