DUMAGUETE CITY, Negros Oriental — Erwin Lozada, the elected Punong Barangay of Barangay Looc, formally notified the Barangay Council on Tuesday, April 7, that he is resuming his post effective immediately, ending a months-long incapacity that began with his detention in September 2025.
In a written Notice of Resumption of Office addressed to the ten members of the Barangay Council, Lozada asserted that his temporary deprivation of liberty did not vacate his elective position, citing a 2017 legal opinion from the Department of the Interior and Local Government (DILG) as the controlling authority on his situation.
Probation Order Paved the Way
According to the notice, the criminal charges that led to Lozada's detention were resolved on February 10, 2026, when Regional Trial Court Branch 33 in Dumaguete City granted his Application for Probation. Two days later, on February 12, the same court ordered his release pursuant to the Probation Order.
“The undersigned is presently under probation and is, therefore, not disqualified from holding public office,” Lozada stated in the letter.
Anchored on DILG Opinion No. 13, S. 2017
Lozada's legal position rests on DILG Opinion No. 13, Series of 2017, issued by then-Undersecretary Austere A. Panadero. The opinion, which involved a similarly situated Punong Barangay in Misamis Oriental, ruled that the detention of an elective official should not be construed as removal from office, but rather as a temporary incapacity under Section 46(a) of the Local Government Code of 1991.
Under that framework, the highest-ranking Sangguniang Barangay member automatically exercises the powers of the Punong Barangay only for as long as the temporary incapacity subsists. Once the incapacity ends, authority reverts to the elected official by operation of law.
The DILG opinion further clarified that the grounds for temporary incapacity listed in Section 46(a) — such as leave of absence, travel abroad, and suspension — are not exclusive, and that detention falls within the same category.
Directives to the Barangay Council
In his notice, Lozada directed the Barangay Council to cease recognizing any unauthorized exercise of the powers of the Punong Barangay, turn over all barangay records, funds, and properties, refrain from implementing any act premised on an unlawful assumption of office, and extend full cooperation in the orderly restoration of barangay leadership.
The letter was furnished to Dumaguete City Mayor Manuel T. Sagarbarria, DILG-CLGOO Head Reynold B. Pasicaran, and DILG Provincial Director Farah Diba Gentuya.
As of posting time, three council members — Angelita C. Ragay, Eldy R. Catipay, and Rubie Kay Z. Chavez — had signed the acknowledgment receipt. The acting barangay secretary has also received the notice letter.
What the Law Says About Probation and Public Office
Philippine jurisprudence has consistently held that probation suspends not only the principal penalty of imprisonment but also its accessory penalties, including disqualification from holding public office. In Moreno v. COMELEC (G.R. No. 168550, 2006), the Supreme Court ruled that a probationer is not disqualified from running for or holding elective office during the probation period.
Coupled with the DILG's 2017 framework treating detention as a temporary rather than permanent incapacity, Lozada's resumption of office appears to rest on established legal ground.
The Barangay Council has yet to issue an official statement.