Appointment of a losing barangay candidate

Sometime after the recent Barangay and Sangguniang Kabataan (SK) elections, I received an exactly the same question from several persons on different dates.

Some asked out of mere curiosity, while others asked only to confirm if the answer they already had in mind was right.

Simple yet of great importance, their question in general has something to do with the appointment of a candidate who lost in a barangay election.

In particular, they asked me if a candidate who lost in a barangay election can be appointed to any office in the barangay even before the lapse of one year from the date of such election.

Some say they cannot be appointed, because of the one-year ban on appointments of losing candidates to any office in the government, while others say they can.

But who is correct?

Those who said they can be appointed even before the lapse of one year from the date of the barangay election are correct.

The reason for this is simple.

The law removed those who lost in a barangay election from the coverage of the one-year ban on appointments of losing candidates to any office in the government.

[References: Section 6, Article IX-B of the 1987 Constitution, Section 94 (b) of the Local Government Code of the Philippines, Section 4, Rule XIII, Omnibus Rules on Appointment and Other Personnel Actions (CSC Memorandum Circular No. 40, s. 1998, as amended), Department of The Interior and Local Government (DILG) Legal Opinion No. 27, S. 2015 (dated July 13, 2015), DILG Opinion No. 3, S. 2017 (dated January 23, 2017, Civil Service Commission (CSC) Resolution No. 02-0012 (dated January 3, 2002), and People of the Philippines vs. The Sandiganbayan (Fourth Division) and Alejandro A. Villapando, G.R. No. 164185, July 23, 2008]

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