The Department of Interior and Local Government has categorically affirmed that ex officio members of the Sangguniang Panlalawigan (SP) retain full voting rights on all legislative matters, including the reorganization of committees and election of officers.

In a legal opinion dated August 18, 2025, the DILG ruled that attempts to exclude ex officio members from voting would violate the Local Government Code of 1991 and diminish their constitutionally mandated representative role.

The ruling addressed issues raised by three Oriental Mindoro SP officials – Marion Francis Marcos of the Philippine Councilors League, Ralph Jonnel Recto of the Liga ng mga Barangay, and Jhane Andhrael Emhey Dolor of the Sangguniang Kabataan Federation – regarding restrictions on their voting privileges.

The Local Government Code specifically provides that “the presidents of the Liga ng mga Barangay and the Pederasyon ng mga Sangguniang Kabataan elected by their respective chapters… shall serve as ex officio members of the Sangguniang Panlalawigan” with full legislative powers.

The DILG opinion, signed by Undersecretary Romeo Benitez, cited that Section 41(b) of Republic Act 7160 makes no distinction between regular and ex officio members regarding rights and privileges.

“Their membership is by direct operation of law and not by appointment or election by the regular members,” DILG said, noting the legal principle of “ubi lex non distinguit nec nos distinguere debemus” – where the law does not distinguish, neither should we.

The ruling referenced the Supreme Court decision in Javier v. Cadiao, which definitively established that “regular and ex officio SP members enjoy full rights of participation, which include debating and voting, all exercised in pursuit of championing the interests of their respective constituencies.”

The DILG concluded that excluding ex officio members from voting would “unduly diminish the representative mandate vested in ex officio members and reduce their role to mere ceremonial participation, which is inconsistent with the law.”