MANILA (UPDATED) — Following the barangay and Sangguniang Kabataan elections, the Department of the Interior and Local Government (DILG) is taking charge of ensuring a smooth transition of power to winning candidates.

The DILG, in a memorandum issued on Tuesday, set a maximum 3-week period for newly-elected village leaders "to ensure the smooth transition of governance and accountabilities."

“We took into consideration, you still have to reorganize your barangay, you have to appoint a treasurer, you have to appoint a secretary, you have to hold a meeting, and you have to have a resolution, and then you have to post a bond, matagal yan. And then you have to apply with a bank. So baka kapusin at lalung magka-problema. We came up with that period para maging normal naman. This is the maximum. You can go earlier. If you do it in one week, ok lang ‘yun,” Abalos told the media on Tuesday afternoon.

Comelec Chairman George Garcia said winning candidates proclaimed by the poll body could take over their elective positions immediately after the transition.

"Base sa desisyon ng Supreme Court, ang start ng assumption ay January 1, 2023 so dapat assume kaagad. It is a DILG matter, kami hanggang proclamation lang," he said in a TeleRadyo Serbisyo interview.

"Once there is a proclamation, that is already on the record. If there is an issue like vote-buying...ito ay issue na for a protest. If there is a protest on the result of the election, it is the courts that will take over."

Candidates who were not proclaimed due to pending disqualification cases would need to wait until Comelec makes a ruling.

The poll chief said if the disqualification is against a barangay chairman, then the first kagawad with the highest number of votes takes over under the rules of succession, and not the candidate's opponent.

He said that if all winning candidates are facing disqualification cases, the incumbents must stay until Comelec decides on the cases.

Comelec said there were 67.8 million registered voters for the village and youth council polls.

ASSUMPTION OF OFFICE

Winners need to take their oath and submit their Statement of Contributions and Expenditures (SOCE) before they can start their term, as mandated in Republic Act 7166.

But Garcia said that because the assumption of office is under the DILG, the Comelec would defer to the agency’s decision if the submission of SOCE could just follow.

DILG Secretary Benhur Abalos sent ABS-CBN News a copy of Memorandum 2023-165 that revokes the need for winners to submit a document from Comelec certifying that they have submitted their SOCE.

This means winners may start their term pending the submission of their SOCE, the deadline of which is on November 29.

"What is important here is there is no vacuum," Abalos said on TeleRadyo Serbisyo.

Abalos directed all outgoing and incoming officials to "work together to ensure the timely inventory, liquidation and turnover of all barangay and SK properties, financial records, documents, and accountabilities, prior to the assumption of the newly elected officials."

"Huwag na huwag kayong basta papasok, basta hindi napipirmahan ang proper turnover of property and documents," Abalos told newly elected village officials.

Those who will fail to assume office after three weeks may face complaints, according to Abalos.

Should incumbent barangay and SK officials refuse to participate in the inventory of properties, financial records and documents, the DILG said it will not be a problem. But if they refuse to vacate their post, agency officials are ready to intervene.

“Kung may ganoong mga usapan na nagkakagulo on the ground, anyone among us, the undersecretary, or even I could go there para ayusin kung ano ang gulong meron,” Abalos said.

“Kunwari, ako yung bagong kapitan. Pagpasok ko, siyempre dapat malaman ko ano ba yung gamit ditto, ano ba yung property. Dapat maiturnover kaagad yun. Kung ayaw mag-participate ng kapitan, andyan naman ‘yung inventory team ng city, ng munisipyo na pipirma naman as testigo. Kasama na ang DILG, pipirmahan nila… maski wala na si Kapitan,” he added.

Abalos also reminded newly-elected village and youth officials to comply with the requirement to file with the Comelec the full, true and itemized statement of all contributions and expenditures within 30 days after the day of the elections.

— With reports from Victoria Tulad and Vivienne Gulla, ABS-CBN News