DUMAGUETE CITY — Barangay Looc Punong Barangay Erwin T. Lozada has formally moved to retake leadership of his barangay on Tuesday, April 7, 2026, serving a Notice of Resumption of Office that declares he remains the duly elected and qualified barangay captain and is reassuming his post effective immediately.
The notice, addressed to the members of the Barangay Council of Looc, directly challenges the authority of the barangay official who had been exercising the functions of the position during Lozada’s months-long absence from office.
According to the document, Lozada’s absence from office began in September 2025 when he was temporarily incapacitated from performing his duties due to being deprived of personal liberty in connection with criminal charges filed against him.
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Legal Basis for Resumption Cited
In his notice, Lozada emphasized that his detention did not remove him from office, did not vacate the position, and did not create permanent incapacity. He cited DILG Opinion No. 13, Series of 2017, stating that the situation resulted only in temporary incapacity.
The barangay captain outlined the resolution of his legal troubles, stating that on February 10, 2026, the criminal charges against him were resolved through an order issued by Regional Trial Court Branch 33 in Dumaguete City granting his application for probation.
He further noted that on February 12, 2026, the same court ordered his release pursuant to the probation order. Lozada maintained that although he is currently under probation, he is not disqualified from holding public office.
Direct Orders to Barangay Council
With the formal notice, Lozada issued several direct orders to the barangay council. He commanded the council to stop recognizing or allowing what he described as any unauthorized exercise of the powers, functions, and prerogatives of the Office of the Punong Barangay by any person other than himself.
The notice also directed the immediate turnover of all barangay records, documents, accountabilities, official communications, funds, properties, and other matters pertaining to the Office of the Punong Barangay.
Additionally, Lozada called on the council to refrain from implementing any act, resolution, or transaction based on what he described as an unlawful assumption of office by an unauthorized individual.
Call for Cooperation and Lawful Restoration
The barangay captain urged full cooperation in what he called the orderly and immediate restoration of lawful barangay leadership. In his notice, he wrote, “The undersigned trusts that the Barangay Council will act with prudence and fidelity to law.”
He urged council members to acknowledge what he described as the lawful status of the duly elected Punong Barangay and to prevent further unauthorized acts under color of office.
The formal language of the notice reflects Lozada’s position that his return to office is not a request but a declaration of his legal right to resume the position he was elected to hold.
Potential Leadership Confrontation Ahead
The development sets the stage for a possible confrontation over leadership inside Barangay Looc, where a council member had reportedly been exercising the functions of barangay chief for several months during Lozada’s absence.
The situation creates an unusual circumstance where two individuals may claim authority over the barangay’s operations, potentially affecting the delivery of basic services and the implementation of local programs.
The barangay council now faces the immediate challenge of responding to Lozada’s formal notice and determining how to proceed with the leadership transition he is demanding.
No Response Yet from Acting Leadership
As of the time the notice was served on Tuesday, no response from the barangay council or the official who had been acting in Lozada’s place was included in the document. The absence of an immediate response leaves questions about how the transition will unfold.
The acting barangay official who has been performing the duties of punong barangay during Lozada’s absence has not yet publicly addressed the notice or indicated whether they will comply with the demands for turnover of records and cessation of activities.
This silence may indicate ongoing consultations about the legal implications of Lozada’s return or preparations for a formal response to his claims.
Legal Precedent and DILG Guidelines
Lozada’s citation of DILG Opinion No. 13, Series of 2017, appears central to his legal argument for resumption of office. This opinion likely addresses circumstances under which local officials may be temporarily incapacitated without losing their elected positions.
The distinction between temporary incapacity due to detention and permanent disqualification from office forms the foundation of Lozada’s claim that he never ceased to be the legitimate barangay captain.
His completion of the probation process and subsequent release from detention appear to have provided the legal basis for his argument that any temporary incapacity has now been resolved.
Implications for Barangay Operations
The leadership dispute comes at a time when barangays across the country are implementing various local programs and services. The uncertainty over who has legitimate authority to make decisions and enter into commitments on behalf of Barangay Looc could affect ongoing projects and future planning.
Residents of Barangay Looc may find themselves uncertain about which official has the authority to address their concerns or approve requests for barangay services.
The situation also raises questions about the validity of actions taken by the acting official during Lozada’s absence, particularly if Lozada’s legal interpretation proves correct that no permanent vacancy existed.
The notice places the issue squarely before the Looc Barangay Council, with Lozada asserting that the time has come for what he considers the legitimate elected barangay leadership to be restored at the barangay hall.
Photo credit: Photo courtesy of Facebook
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