REPUBLIC OF THE PHILIPPINES DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT i Francisco Gold Condominium II, EDSA cor. Mapagmahal St., Diliman, Quezon City OFFICE OF THE UNDERSECRETARY FOR LOCAL GOVERNMENT LE GPiMoN Wo 12s 06 February 2007 MR. NIEL C, RONQUILLO Administrative Officer | 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 14** 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 200-2- 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 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 Panilalawigan, 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 ss aWith regard to your second query, since as earlier stated, the conduct of administrative investigations is not among the prohibited activities during the jelection ‘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 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 |iNeed 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, WEN€FLITO T. ANDAN a Undersecretary, Director Josefina Castilla-Go DILG Regional Office No. 03 San Fernando City, Pampanga ‘The Sangguniang Bayan Thru: The Presiding Officer Maria Aurora, Aurora Province ie Aa mac i