Comelec, DOJ, DILG to discuss how PDLs who won in BSKE 2023 can serve

The Commission on Elections (Comelec), Department of the Interior and Local Government, and the Department of Justice will discuss the mechanisms on how persons deprived of liberty (PDLs) who won barangay positions can serve their constituents.

"Mag-uusap-usap ang DILG at ang Comelec pati na rin po ang DOJ dahil po under ng DOJ po ang [Bureau of Corrections] at under naman po ng local governments ang ating mga city, municipal, at provincial jails," Comelec spokesperson Rex Laudiangco said in a virtual interview.

(The DILG, Comelec as well as the DOJ will discuss this matter. The DOJ will be consulted because the Bureau of Corrections is under it while the city, municipal, and provincial jails are under the local governments.)

"Titingnan po natin ' yan pero ang sabi nga po ni [Comelec] Chairman [George] Garcia, kung hindi naging imposible ang pagtakbo, hindi naging imposible ang pagkakuha ng boto ay baka naman po hindi imposible ang pamamahala ng wala physically doon sa kanilang mga barangay," he added.

(We will look into this matter because Chairman Garcia said that if PDLs were able to run and get votes, then it is possible for them to serve their constituents even if they are not physically present in their barangay halls.)

Among the matters that would be discusssed is how PDLs could communicate with their constituents as well as their fellow barangay officials considering that they are prohibited to use mobile phones and other electronic devices inside the jail facilities, Laudiangco said.

Although there were previous cases where detained elected officials were able to assume office, Laudiangco explained that the cases of PDLs who won barangay positions are different.

"Ngayon pa lamang po natin ma-experience kung paano po mamamahala [sa] barangay ang ating mga PDLs na outside of their area of jurisdiction at hindi po sila makatungtong doon po sa kanilang mga barangay halls," he said.

(This is the first time that we will experiences this. We will determine how the PDLs can serve outside their area of jurisdiction and without being physically present in their barangay halls.)

Earlier today, Garcia said PDLs are allowed to be elected as long as there is no final conviction from courts.

“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 from going 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 elected as barangay kagawad in Barangay Ipunan, Cagayan de Oro City

—AOL, GMA Integrated News