February 6, 2007

DILG OPINION NO. 012-07

Mr. Niel C. Ronquillo

Administrative Officer I
Maria Aurora, Aurora Province

Dear Mr. Ronquillo :

This has reference to your query regarding the conduct of administrative

investigations on complaints filed against a Punong Barangay before the Sangguniang
Bayan.

You stated that the COMELEC has declared the election period to commence
on 14 January 2007, and among the prohibited acts/activities during such period is the
suspension of elective local officials pursuant to Section 261 (x) of the Omnibus
Election Code. On the other hand, you pointed our that under Section 62 (c) of the
Local Government Code, there is also a prohibition on preventive suspension and the
conduct of administrative investigation 90 days prior to any local election. With that
premise, you now posed the following queries:

1. "Whether or not the investigation shall likewise be terminated

beginning on the 14th of January 2007?

2. Whether or not the number of days within the election period will be
included in the reckoning of the 120 days period of administrative
investigation?

3. Whether or not the administrative investigation can be continued after

the election period?"

At the onset, may we emphasize that you pointed out two periods in relation to
the forthcoming 14 May 2007 elections, to wit: (1) the election period; and (2) the
90-day period prior to any election.

Please be informed that pursuant to COMELEC Resolution No. 7707

promulgated on 30 August 2006, the election period has been fixed from 14 January
2007 to 13 June 2007. During such period and per Section 261 (x) of the Omnibus
Election Code, no elective local official shall be suspended without prior authority
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 from the COMELEC, except when such suspension is for the purpose of applying the
Anti-Graft and Corrupt Practices Act, in which case, no prior authority is required.

In relation thereto, please be informed likewise that under Section 62 (c) of the
Local Government Code, no administrative investigation shall be conducted by the
Office of the President, the Sangguniang Panlalawigan, the Sangguniang Panlungsod
and the Sangguniang Bayan, in the exercise of their jurisdiction to take cognizance of
administrative complaints against elective local officials within their respective
disciplinary authorities, within 90 days prior to any election. No preventive
suspension shall likewise be imposed during the same period and if one has earlier
been imposed, the same shall be automatically lifted at the start of the 90-day period.
Along this line, based on our computation, the 90-day period prior to the scheduled
14 May 2007 national and local elections shall commence on 13 February 2007.

Going now to your first query, please be informed that the conduct of
administrative investigation against elective local officials is not among the
enumerated prohibited activities during the election period under Section 261 (x) of
the Omnibus Election Code. The prohibition, on the conduct of administrative
investigation against elective local officials is found only under Section 62 (c) of the
Local Government Code, which prohibits the conduct of administrative investigations
by the disciplinary authorities mentioned above. Such being the case, your
Sangguniang Bayan can still conduct administrative investigations on administrative
complaints filed against elective barangay officials even after 14 January 2007, which
is the start of the election period. However, on 13 February 2007, which is the start of
the 90-day period under the Local Government Code, all investigations by the
Sangguniang Bayan must be terminated at whatever stage. If after 14 January 2007
but prior to 13 February 2007, the Sangguniang Bayan is contemplating to place a
respondent under preventive suspension or to render a decision, imposing the penalty
of suspension, the same cannot be implemented without prior approval from the
COMELEC. On the other hand, if a penalty of suspension has already been imposed
prior to 14 January 2007, the service by the respondent of the suspension shall subsist
notwithstanding the start of the election period or the 90-day period. If a preventive
suspension was imposed prior to 14 January 2007 or after 14 January 2007 with
COMELEC approval, said preventive suspension is automatically lifted on 13
February 2007.

With regard to your second query, since as earlier stated, the conduct of
administrative investigations is not among the prohibited activities during the election
period, the running of the 120-day period within which for the Sangguniang Bayan to
conduct administrative investigation is not interrupted by the onset of the election

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 period on 14 January 2007. It will only be interrupted at the onset of the 90-day
period prior to the 14 May 2007 elections, which is on 13 February 2007. The
running of the said period will resume on 15 May 2007.

With regard to your third query, since the prohibition for the conduct of
administrative investigation is only for 90 days prior to the election, you can continue
the conduct of administrative investigation on 15 May 2007 and no need for you to
await the end of the election period since the conduct of administrative investigation
is not a prohibited act during the election period.

Hope we have enlightened you on the matter.

Very truly yours,

(SGD.) WENCELITO T. ANDANAR

Undersecretary

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