DUMAGUETE CITY — The Department of the Interior and Local Government (DILG) has ruled that there is no legal impediment to Erwin Lozada reassuming his post as Punong Barangay of Barangay Looc in Dumaguete City while he is on probation, according to DILG Opinion No. 100, Series of 2026.
The opinion is dated October 1, 2026, and stamped released by the DILG Records Section on October 5, 2026. It is addressed to DILG Negros Island Region Regional Director Lailyn A. Ortiz and signed “by authority of the Secretary” by Atty. Romeo P. Benitez, identified in the document as Undersecretary for External, Legal and Legislative Affairs.
Despite the opinion, Michael Jorolan continues to sit as Punong Barangay of Looc.
Four parties sought DILG guidance
According to the opinion, legal guidance was requested by four parties: the DILG Negros Island Region, Dumaguete City Mayor Manuel Sagarbarria, Barangay Looc Acting Chairman Michael Jorolan, and Lozada himself.
All four sought clarification on whether Lozada may reassume his position after being convicted of three counts of violating Section 12 of Republic Act No. 9165, the Comprehensive Dangerous Drugs Act, and then granted probation. Section 12 covers possession of drug paraphernalia.
The disqualification question
The main objection to Lozada’s return was based on Section 28 of RA 9165. That section says government officials and employees found guilty of offenses under the law shall suffer “absolute perpetual disqualification from any public office,” in addition to the maximum penalties. Opponents argued that this disqualification takes effect immediately upon conviction, regardless of probation.
The DILG rejected that argument. The opinion says the disqualification in Section 28 is imposed “in addition to” the principal penalties, which makes it an accessory penalty that forms part of the sentence. Under the Probation Law, Presidential Decree No. 968 as amended by RA 10707, the grant of probation suspends the execution of the sentence. The DILG concluded that this suspension extends to all penalties within it, including the disqualification.
The department cited the Supreme Court ruling in Moreno vs. COMELEC (G.R. No. 168550, August 10, 2006), which held that accessory penalties of suspension from public office and disqualification are held in abeyance during probation because a probationer is not considered to be serving sentence. It also cited its own DILG Opinion No. 36, s. 2020, which held that a barangay official under probation may validly reassume office.
The opinion added that Section 28 contains no provision expressly excluding its penalties from the Probation Law.
Probation not barred for paraphernalia cases
The DILG also noted that RA 9165 itself limits probation under Section 24, but only for persons convicted of drug trafficking or pushing. Because Lozada was convicted under Section 12, the opinion said the grant of probation by the trial court “stands on solid legal footing.”
DILG’s conclusion
“Accordingly, it is the considered opinion of this Department that the grant of probation to Punong Barangay Erwin Lozada operates to suspend the execution of the penalties imposed upon him, including the accessory penalty of disqualification and/or suspension from public office,” the opinion reads.
“Consequently, and in the absence of any other applicable disqualification under existing laws, there exists no legal impediment to his reassumption and continued exercise of the powers, duties, and functions of the Office of the Punong Barangay during the period of his probation.”
Mayor’s concerns acknowledged
The opinion acknowledged the concerns raised by Mayor Sagarbarria: Lozada’s standing as a convicted drug offender, alleged persistent illegal drug activity in Barangay Looc, and the negative perception of his return in light of local anti-drug efforts. The DILG called these “valid sentiments and policy considerations” but said the issue must rest on the law as written.
“The question before the Department is not what the law ought to be, but what it presently provides,” the opinion states.
The opinion is also issued “without prejudice to any contrary opinion of competent authorities or the courts.”
Lozada blocked from returning
After his release on probation, Lozada went to the Looc barangay hall to reassume his post but was not allowed to return, according to live coverage from the site. He had earlier served a Notice of Resumption of Office dated April 7, 2026, on the barangay council.
More than a month after the opinion was released, Jorolan has since taken his oath as Barangay Captain. Jorolan was among those who requested the opinion and received a copy of it.
Under Section 46(a) of the Local Government Code, the highest-ranking member of the Sangguniang Barangay automatically exercises the powers of the Punong Barangay only while the Punong Barangay’s temporary incapacity continues. Based on the results of the last barangay elections, Jorolan was not the highest-ranking kagawad, raising questions about how he came to head the barangay.
Related stories
