The controversy involving the “replacement” of the district chairs of the Association of Barangay Captains (ABC) who are identified with Mayor Jerry Treñas, who is challenging the re-election bid of Rep. Raul Gonzalez Jr., highlights the fact that barangay captains and other barangay officials can never stay nonpartisan and nonpolitical during elections. In fact, the belief that barangay officials should be nonpartisan and nonpolitical is just a myth.

This myth sprang from the rule that barangay elections should be nonpartisan where, according to Section 38 of the Omnibus Election Code, “no person who files a certificate of candidacy (in the barangay election) shall represent or allow himself to be represented as a candidate of any political party or any other organization.”

But the Department of Interior and Local Government (DILG), in DILG Opinion No. 17 dated 14 February 2007, says that what is prohibited under the law is for a person to run and be elected in a barangay elective position under a political party. “Nowhere can we find in the aforequoted provisions of law that the prohibition on partisanship shall be made general so as to encompass absolute prohibition against barangay elective officials from affiliating and ultimately, becoming members of any political party,” says the DILG.

On the contrary, adds the DILG, there are many legal justifications to conclude that, in fact, barangay officials can affiliate themselves with a political party.

It cited Section 8 Article III of the 1987 Constitution which upholds “the right of the people, including those employed in the public and private sectors, to form unions, associations or societies for purposes not contrary to law…” “The term ‘associations’ mentioned therein includes political parties, among others,” says the DILG. “Well settled is the rule that the right to form these associations includes the right to join the same.”

The DILG also notes that while barangay elections were made to be nonpartisan in nature by the Omnibus Election Code, it does include barangay officials. “To our mind, if it was really the intention of the legislature to generally prohibit barangay elective officials from affiliating and ultimately, becoming members of any political party, they should have used the term ‘barangay elective officials’ instead of ‘barangay elections’,” the four-page opinion reads.

“Obviously, the phrase ‘barangay elective officials’ differs from ‘barangay elections’. The former pertains to persons while the latter pertains to a political event,” it adds.

The DILG also cites Memorandum Circular No. 02, series of 1992, issued by the Civil Service Commission, which says that the inhibitions on government officials and employees from engaging in any electioneering or in partisan political activities or campaign shall not be made to apply to elective officials, among others.

Asserts the DILG: “…What is prohibited under the law is for barangay officials to be elected in their positions under any political party and cannot be stretched to prohibit these barangay officials from becoming members of any political party as it would run counter to the right of any person to associate which is guaranteed and protected by Section 8, Article III of the 1987 Constitution.”

It also clarifies that “there is no liability, administrative or otherwise, on the part of a barangay elective official who affiliates himself and become a member of a political party. Neither can it be a ground for his disqualification. It is only when said barangay elective official chose to be elected under a political party that the prohibition applies and a violation thereof will then give rise to an administrative liability and possible disqualification from office.”

Barangay captains increase one candidate’s chances of winning an election. If these barangay captains have performed well during their incumbency and have fully earned the trust and confidence of their constituents, they can attract a lot of votes and ensure the victory of the candidate they are supporting. But since it has been established that barangay officials can never stay nonpartisan and nonpolitical, the next political reality that candidates have to contend with is the myth of loyalty and the phenomenon of turncoatism. And that would be a more exciting election story. Abangan!

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