Comelec updates guidelines on spending ban for BSKE 2023

The Commission on Elections (Comelec) has updated its guidelines on social welfare projects and public works ban in relation to the upcoming Barangay and Sangguniang Kabataan Elections on Oct. 30.

The guidelines cover the prohibition on the release, disbursement, or expenditure of public funds for social welfare projects, construction of public works, and delivery of materials for public works in relation to the BSKE, pursuant to Resolution No. 10944 as follows:

• For social welfare projects of national, regional, provincial, and local government units (LGUs) and those of government-owned or controlled corporations (GOCCs) and their subsidiaries, the period of prohibition is from 15 September 2023 to 30 October 2023, except for Assistance to Individuals in Crisis Situations (AICS), the distribution of which is prohibited from 20 to 30 October 2023; and
• For social welfare projects that will be implemented by the barangay, the period of prohibition is from 20 to 30 October 2023.

Comelec said that exempted from the prohibition of AICS distribution, however, are

those which are normally given to qualified individuals such as, but not limited to, basic needs in the form of food, transportation, medical, educational, burial, and other similar assistance.

Likewise expressly exempted from these prohibitions without the need for prior authority from the commission are the release and expenditure of public funds for relief or other goods to be distributed to the affected individuals and/or families in cases of calamities or disasters.

Requests for exemption and exception for projects, activities, and programs pertaining to social welfare and services must be submitted to the Law Department via email, personal submission, or courier no later than Sept. 1, 2023. The digital or scanned copy of the request must be emailed to law.socialservices@comelec.gov.ph, and the hard copy must be filed on the same day personally or through courier to the Law Department, Commission on Elections, 8th Floor Palacio del Gobernador, Intramuros, Manila.

Any interested party may file a verified Opposition within three days from the filing of the request for exemption via email to the Office of the Clerk Commission (0COC) at clerkofthecommission@comelec.gov.ph, copy furnished to the Law Department at law.socialservices@comelec.gov.ph. 

Comelec also reminded all punong barangays  that prior to the start of the period of the public works ban, which is from Oct. 20 to 29, the following must be submitted to the Law Department:

• All ongoing construction and/or maintenance of barangay-funded roads and bridges commenced before 20 October 2023;
• Similar construction and/or maintenance of barangay-funded roads and bridges under foreign agreements commenced before 20 October 2023; and
• All ongoing construction and/or maintenance of barangay-funded roads and bridges undertaken by contract through public bidding held, or by negotiated contract awarded, before 20 October 2023.

The poll body said that if there are no ongoing construction and/or maintenance of barangay-funded roads and bridges, submission is no longer necessary. 

Written requests for the issuance of a Certificate of Exception must be accompanied by the applicable certification, other documentary requirements, and proof of payment for a non-refundable certification fee of P1,000.00 per project.

Requests must be in PDF format and submitted via email to law.publicworks@comelec.gov.ph. The hard copy must be filed on the same day personally or through courier to the Law Department, Commission on Elections, 8th Floor Palacio del Gobernador, Intramuros, Manila.

The release, disbursement, or expenditure for projects and programs entailing the use of other state funds are allowed, provided it conforms to the guidelines provided in Commission on Audit (COA) Circular No. 2013-004 dated 30 January 2013, as well as other conditions set forth in Comelec Resolution No. 10944.