Public Works Ban and Ban on Release of Public Funds in connection with the Barangay and SK Elections

September 21, 2010

COMELEC RESOLUTION NO. 9039

RULES AND REGULATIONS GOVERNING PUBLIC WORKS BAN AND BAN ON THE RELEASE, DISBURSEMENT AND EXPENDITURES OF PUBLIC FUNDS IN CONNECTION WITH THE OCTOBER 25, 2010 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS

WHEREAS, Section 3 of Republic Act No. 6679 prohibits the construction, or maintenance of provincial, city, municipal and barangay-funded roads and bridges for a period of ten (10) days immediately preceding the date of elections; SCaITA

WHEREAS, the Barangay and Sangguniang Kabataan elections is scheduled on October 25, 2010;

NOW, therefore, the Commission on Elections, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, and other election laws, has RESOLVED, as it hereby RESOLVES, to promulgate the following rules to enforce Section 3 of Republic Act No. 6679.

SECTION 1. Prohibition Against Construction or Maintenance of Provincial, City, Municipal and Barangay-Funded Roads and Bridges. — Effective October 15, 2010 to October 25, 2010, the construction or maintenance of provincial, city, municipal and barangay-funded roads and bridges shall be prohibited, the provisions of Section 261, paragraph (v) and (w) of the Omnibus Election Code to the contrary notwithstanding.

Resolution No. 9019 dated August 31, 2010 is hereby amended insofar as the period providing for the prohibition on construction or maintenance of provincial, city, municipal or barangay-funded roads and bridges is concerned.

SECTION 2. Submission to the Commission of Lists of Authorized Public Works Projects. — On or before October 7, 2010, the Secretary of the Department of Public Works and Highways, the provincial governors, city/municipal mayors and punong barangays shall submit to the Commission in Manila thru the provincial election supervisors/election officers concerned, as the case may be, a certified list of all on-going construction or maintenance of provincial, city/municipal and barangay-funded roads and bridges.

SECTION 3. Immediate Payment of Laborers Required. — Any laborer who may have worked on the construction and maintenance of provincial, city, municipal and barangay-funded roads and bridges which have to be suspended pursuant to the ten (10)-day ban shall be paid immediately his complete earned wage upon the suspension of said project. In no case shall the earned wage or any portion thereof be paid within five days before or on the day of the election. ECcTaH

SECTION 4. Injunction. — The Department of the Budget and Management and the Commission on Audit, including all its field offices, are hereby enjoined not to release or authorize the release of any appropriation, or to pass in audit the payments or expenditures of public funds that may directly or indirectly be used in violation of the prohibitions contained in Sec. 3 of R.A. 6679.

All field offices of the Commission, including those of its deputized agencies and citizens arm, are directed to monitor compliance hereof by the local executive officers in their respective jurisdiction and submit immediately to the Commission a written report on any violation of said provisions.

SECTION 5. Penalty. — Any violation of the provisions of this Resolution shall, consistent with Sections 261 and 264 of the Omnibus Election Code, constitute an election offense and shall be punishable by imprisonment of not less than one year but not more than six years, among other penalties provided for by law.

SECTION 6. Effectivity. — This Resolution shall take effect on the seventh day after its publication in two (2) daily newspapers of general circulation.

SECTION 7. Dissemination. — The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines, immediately after promulgation hereof, and shall furnish the Executive Secretary, the Chairman of the Commission on Audit, heads of all departments, and national offices, provincial governors, city/municipal mayors and punong barangays and other agencies of the government, including government-owned or controlled corporations, all registered political parties and all field offices of the Commission copies hereof.

SO ORDERED.

(SGD.) JOSE A.R. MELOChairman

(SGD.) RENE V. SARMIENTOCommissioner

(SGD.) NICODEMO T. FERRERCommissioner

(SGD.) LUCENITO N. TAGLECommissioner

(SGD.) ARMANDO C. VELASCOCommissioner

(SGD.) ELIAS R. YUSOPHCommissioner

(SGD.) GREGORIO Y. LARRAZABALCommissioner