PDLs allowed to sit in elective posts sans final conviction —Comelec chief

Persons deprived of liberty (PDLs) are allowed to be elected as long as there is no final conviction from courts, Commission on Elections (Comelec) Chairman George Garcia said Wednesday.

The Comelec chief explained this after three PDLs won in the 2023 barangay and Sangguniang Kabataan elections (BSKE).

“Pinayagan natin sila makaboto sapagkat sabi po ng Korte Suprema doon sa kaso ng Aguinaldo versus Comelec at saka po [Bureau of Corrections], dahil hindi pa sila finally convicted, wala pang final judgment na sila ay guilty, therefore, meron pa silang karaptan bumoto at may karapatang maiboto. ‘Yun po ang kadihilanan kung bakit sila ay nakaboto at nakatakbo,” Garcia said in an interview on Dobol B TV.

(We allowed the PDLs to vote because of the Supreme Court decision on the case of Aguinaldo versus Comelec and Bureau of Corrections. In that case, they are not finally convicted or there is no final judgment saying they are guilty. Therefore, they still have the right to vote and be voted for.)

Garcia was referring to a March 2022 Supreme Court decision which ruled that inmates are allowed to vote at the local level.

While they are allowed to run for office, Garcia said PDLs are still prohibited to go to barangay halls to serve.

“Ngayon, paano sila magsisilbi? In the meantime, siguro naman po ay alam ng mga constituency nila na sila ay nasa kulungan… In the meantime, deprived of liberty po siya and very limited ang kaya at pwede lamang niyang gawin,” he said.

(Now, the question is how will they serve. I think, their constituents are fully aware that these candidates are detained. They are deprived of liberty so their participation in their barangays are very limited.)

Three PDLs from the following jail facilities have been elected during the 2023 BSKE:

• PDL currently detained in Tanay Municipal Jail elected as Barangay Kagawad in Barangay Kay Buto, Tanay, Rizal.
• PDL currently detained in Dasmariñas City Jail-Male Dormitory elected as Barangay Kagawad, in Barangay Datu Esmael, Dasmariñas City, Cavite
• PDL currently detained in Cagayan de Oro City Jail-Male Dormitory electrd as Barangay Kagawad in Barangay Ipunan, Cagayan de Oro City

—AOL, GMA Integrated News