Winning multiple termers to be proclaimed - Comelec

Barangay heads who won in last month’s polls but are in the list of multiple termers of the Department of the Interior and Local Government’s can be proclaimed, the Commission on Elections ruled.

In Resolution 9100, Comelec officials led by Chairman Jose Melo said the DILG made the list “without giving the person named in the list the opportunity to explain.”

“The omission amounts to a denial of the right to due process of the persons named therein,” the Comelec said.

Before the Oct. 25 barangay elections, the DILG submitted to the Comelec the names of 4,433 barangay heads who it said were no longer eligible to run as they had already served for three terms.

Because of this, the Comelec issued Resolution 9077 deferring the proclamation of those in the list if they ran and won for the same position despite having served for three or more consecutive terms.

The poll body also directed its law department to file cases of election offense against these barangay officials.

An election offense is punishable with six years’ imprisonment, and removal of the right to be elected in public office and to vote under the Omnibus Election Code.

But Interior and Local Government Secretary Jesse Robredo said the multiple termers “knew what they were doing and the burden of proof must be with them.”

He said the DILG submitted the list of “disqualified” barangay officials a day after the last day of filing of the certificates of candidacy last Sept. 30.

As much as the DILG would like to address the issue, Robredo said it had no power to do so since the matter should be handled by the Comelec.

Robredo cited Section 2 of Republic Act 9164, which provides for the synchronized barangay and Sangguniang Kabataan elections, amending RA 7160 that states “that no barangay elective officials shall serve for more than three consecutive terms.”

He added that the same provision also states that “voluntary renunciation of office shall not be considered an interruption in the continuity of service for the full term for which the elective official was elected.”

Under Resolution 9100, the Comelec withdrew the authority of its law department “to institute petitions for disqualification… against any candidate” in the Oct. 25 barangay elections “who has allegedly served for three or more consecutive terms of office based on the list submitted by the DILG.”

The law department was also directed to “immediately withdraw all petitions for disqualification.”

The Comelec also asked the Barangay Board of Canvassers that suspended the proclamation to immediately reconvene and proclaim the winning candidates.