KePeBLiC UE HE Pim ers CO MISSIONON ELECTIONS ABUCATICN AND INFRRMALION BEPARTREEN RECEIVED (Qe ror. Republic of the Philippines COMMISSION ON ELECTT: ‘Intramuros, Manila ETE, AMENDMENT TO THE OMNIBUS RULES Abas, S.M., Chairman AND REGULATIONS GOVERNING Parrefio, A.A. Commissioner ‘CAMPAIGN FINANCE AND DISCLOSURE = Guia, L.T-F. Commissioner Guanzon, MR.A.V, Commissioner Inting, S.B,, Commissioner Cascuejo, M.S, Commissioner. Kho, AT. Jr., Commissioner Promulgated: February 28, 2019 Xn wen ene eee ne en nee ene nee x A RESOLUTION No. 105: oA. This pertains to the implementation of COMELEC Resolution No. 9991, as amended, entitled “Omnibus Rules and Regulations Governing Campaign Finance and Disclosure in Connection with the 09 May 2016 National and Local Elections and All Subsequent National and Local Elections Thereafter”; Considering that after its implementation in the said elections, there are subsequent important resolutions issued on matters relating to campaign finance, the policy on the Data Privacy Act, and the need to amend provisions and procedure in subject resolution to effectively carry- out the Commission’s constitutional mandate; WHEREFORE, the Commission En Banc, by virtue of the powers vested in it by Constitution, Batas Pambansa Bilang 881, Republic Act Nos. &oe O oO Page 2 of 13 7166, 9006, and other election laws, the Commission on Elections as it hereby to promulgate the following amendments: SECTION 1. Section 4, Rule 1 of the COMELEC Resolution No. 9991, as amended, is hereby further amended to read as follows: “Section 4. Definition of Terms. - Whenever used in these Rules, the {following words shall mean: (a) oc. (p) Contractor and Business Firm - refers to any person, natural or juridical, or firm, including but not limited to media entities, internet and social media platforms, advertising agencies, public relations firms, event organizers, talent endorsers and _their_managers, digital influencers, printing press, to whom any electoral expenditure is made, () Mass media ~ refers to diversified technologies, operating on various platforms, that have for their primary purpose the transmission of information and communication to a large audience. These platforms include broadcast, internet and mobile, print, and outdoor. “Mass Media Entities’ refer to individuals and organizations that exercise control over these technologies and determine, ther directly or indirectly, the content being distributed using these technologies. ‘Social media’ is a form of mass media.” SECTION 2. Section 9, Rule 1 of the COMELEC Resolution No. 9991, as amended, is hereby further amended to read as follows: “Section 9. Efficient Use of Paper Rule and Submission of Soft Copy. - For submissions t9 COMELEC Field Offices, three (3) hard copies are required, which will be used as follows: (1) One (1) copy to be retained at the Field Office to serve as that office's file copy; 2) One (1) copy to be forwarded to the Office of the Provincial Elections Supervisor or the Office of the Regional Election Director 3) One (1) copy to be returned to the person submitting the same as proof of submission after the recetving date and time stamp of the COMELEC Field Office has been affixed thereon. Inevery case, the soft or electronic copy of the submitted form must accompany the hard copy or paper submission, in its final encoded version, in Excel file format, except when the submitted forni was generated using the CFORS with a unique document identification number at the upper right-hand corner of the form. Image files showing the scanned or photographed hard copy submission of the forms shall likewise be included in the submission of the soft or electronic copy.O QO Page 3 of 13 This rule shall be without prejudice to any online, web-based or electronic filing system that the Commission may develop and use for this same purpose.” SECTION 3. Section 10, Rule 1 of the COMELEC Resolution No. 9991, : as amended, is hereby further amended to read as follows: “SECTION 10. Guidelines for the Submission of the Soft or Electronic Copy of the Forms and their Attachments. ~ (a) How to submit. - Persons required to submit disclosure statements and reports under these Rules may choose to furnish the COMELEC ‘with the soft or electronic copy of their submissions through any of the following means: (1) By storing the files in a portable storage device such as a USB flash drive or optical discs such as compact discs (CDs) and digital versatile discs (DVDs); or @Q) By. e-mailing the files to ignfinance@comelec.gov.ph or comelec.cfo@gmuil.com” SECTION 5. Section 1, Rule 2 of the COMELEC Resolution No. 9991, as amended, is hereby further amended to read as follows: "Section 1. Renaming of the Campaign Finance Unit to Campaign Finance Office; Powers, Duties and Functions. - (@) Issue writs and subpoenas in relation thereto and submit reports and findings to the Commission En Banc: © Develop and manage a recording system for all reports, statements, and contracts received by it and to digitize information contained therein; (P Publish the digitized information of the reports, statements and contracts and make them available online; (g) Develop a reportorial and monitoring system; (h) Initiate before the Law Department, filing of election offense cases and administrative exclusions of candidates for violations of campaign finance laws; (Inquire into the financial records of candidates and any organization or group of persons, after due notice and hearing: @) Conduct preliminary inquiry or fact-finding investigation; topes tie =e SECTION 6. Section 3, Rule 2 of the COMELEC Resolution No. 9991, as amended, is hereby further amended to read as follows:O Page 40f13 “SECTION 3. Campaign Finance Director; Powers, Duties and Functions. = : (a) ® . (g) Initiate, before the Law Department, cases for violations of Article XI (Electoral Contributions and Expenditures) provisions of the Omnibus Election Code that are included as election offenses in Section 262 thereof and administrative exclusion; SECTION 7. Section 1, Rule 6 of the COMELEC Resolution No. 9991, as amended, is hereby amended to read as follows: “SECTION 1. Allowable Amount of Expenses for Candidates and Parties; Expenditure limits, - The aggregate amount that a candidate or party may spend for an election campaign shall be as follows: © Barangay and Sangguniang Kabataan candidates- Five Pesos (P5.00) for every voter currently registered in the constituency where they filed their certificates of candidacy,” SECTION 8. Section 2, Rule 9 of the COMELEC Resolution No. 9991, as amended, is hereby amended to read as follows: “SECTION 2. Preservation and Inspection of Records at_the Commission _and_its offices. - All statements of contributions and expenditures shall be kept and preserved at the where they are filed and shall constitute part of public records thereat for five (5) years after the conduct of election. They shall not be removed therefrom except upon order of the Commission or of a competent court and shail, during regular office hours, be_available to inspection by the public, subject to Duta Privacy Act, and existing rules and regulations on access to public records.” SECTION 9. Section 3, Rule 9 of the COMELEC Resolution No. 9991, as amended, is hereby amended to read as follows: “SECTION 3. Examination of Statements; Parallel Examination by the Field Offices- It shall be the duty of the Commission through the CEO to examine ail statements received from candidates and parties to determine compliance with the provisions of these Rules and for this. purpose coordinate with other agencies of the government or non-governmental organizations to attain its mandate, The _Office_of the Regional Election Director incite idates and parties, and Office of the Prc ial Election Si ior mr city/municipal candidates and parties, upon receipt of all disclosureQO Page 5 of 13 statements and reports within its area of responsibility, shall conduct a parallel examination to determine overspending by candidates and parties. ‘The Office of the Regional Election Director or Office of the Provincial Election Supervisor shall immediately transmit to the CFO the records should a candidate or party overspent.” SECTION 10. Section 2, Rule 10 of the COMELEC Resolution No. 9991, as amended, is hereby further amended to read as follows: “SECTION 2. When and how to file the SOCE and its supporting documents. ~ Not later than thirty (30) days after the day of election, or by lune 12, 2019, Wednesday, all candidates and parties who participated in the May 13, 2019 National and Local Elections, regardless of whether they won or lost, must file their Statements of Contributions and Expenditures (SOCES) and the relevant Schedules and supporting documents, Filing of these campaign finance disclosure reports and statements must be done in person, whether by the candidates and/or party treasurers personally, or through their duly authorized representatives, before the offices listed in Section 3 of this Rules. Duly authorized representatives of candidates and parties must present a written authorization from their principals, using Form SPA-C in the case of candidates and Form SPA-P in the case of parties, before they can subrmit the campaign finance disclosure statements and reports of their principals. Submissions via registered mail, courier or messenger services shall not be accepted. Except for elected candidate -list group, the deadline shall be final and non-extendible, Submissions beyond this period shall not be ‘accepted, COMELEC Resolutions Nos. 9849 and 9873, Minute Resolutions Nos. 13-0775 and 13-0823 are hereby repealed, insofar as they allowed the belated submission, amendment and/or correction of campaign finance disclosure statements and reports and the imposition of late penalties for the 2013 National and Local Elections. In case of special and recall elections, it shall be filed within thirty (30) days from the date of the conduct of elections. ” SECTION 11. Section 3, Rule 10 of the COMELEC Resolution No. 9991, as amended, is hereby amended to read as follows: “SECTION 3. Where to file statements, ~ Candidates and electoral arties shall file their SOCE with the following offices: Office Elective Positions/Parties 1. President and Vice President Campaign Finance |2. Senators Office 3. National Political Parties 4, Party-List Groups Office of the Regional |1. Members of the House of Representatioes in Election Director, the NCR National Capital _| 2. Regional Political Parties with the entirePage 6 of 43 Region (NCR) NCR as their constituency Office ofthe Regional | Regional Political Parties Election Director Office of the Provinciat |! eu eee tee F Election Supervisor of | estslative dict Non-ARMM Province |? Provincial officials 3._ Provincial Political Parties . Mentbers of the House of Representatives Office of the City | for legislative districts in cities outside the Election Officer NCR which comprise of one or more designated by the legislative districts Regional Election | 2. City officials of cities with more than one Director Election Officer 3, Local Political Parties with constituencies incites Office ofthe | Cily/Municipal Officials and Barangay and SK City/Municipal | officals Election Officer Bangsamoro Electoral Office (formerly | 1. Regional Political Parties with the entire 1 ORED-ARMM) BARMM region as its constituency | Office of the Provincial | 7. Members of House of Representative Election Supervisor in | 2. Provincial Officials; BARMM 3._Provincial Political Parties: On the last day of submission, under meritorious circumstances, a candidate or electoral submit directly to CFO.” SECTION 12. Section 4, (a),(6), of Rule 10 of the COMBLEC Resolution No. 9991, as amended, is hereby deleted, renumbered, amended, and shall be read as follows: “SECTION 4, Form and contents of statements. ~ ..... (a) Schedule of Contributions Received @ @) (3) 4 B) ves (6) deleted OO (©) Schedule of Expenditures ~ (©) Summary Report of Lawful Expenditures ~ (2) Schedule of Unpaid Obligations — . Documentary stamp is not required to be attached to any of the &Page 7 of 13, SECTION 13. Section 6, Rule 10 of the COMELEC Resolution No. 9991, as amended, is hereby amended to read as follows: “SECTION 1. Effect of failure to file SOCE. - No elected candidate stall . enter upon the duties of office until he filed his SOCE. The same prohibition shall apply if the electoral party which nominated the winning candidate fails_to file SOCE. Except idaies for elective barangay and sk oj lure to file SOCE shall constitute an administrative offense for which the offender shall be liable to pay an administrative fine in accordance with the Scale of Administrative Fine under Section 11 hereof. The fine shall be paid within thirty (30) de receipt of notice of such failure; otherwise, it shall be enforceable by a writ of execution issued by the CFO against the properties of the offender. For the commission of a second or subsequent offense, a higher administrative fine shall be imposed against the offender. In addition, the offender shall be subject to perpetual disqualification to hold public office. The office of an elected candidate who failed to file SOCE shall be considered vacant pursuant to Section 11 of the Omnibus Election Code, until he has complied and submitted his SOCE within six months from proclamation. After the lapse of the said period and the candidate failed to assume office, a permanent vacancy occurs shich said office shall be filled-up in accordance with the Constitution or law.” SECTION 14. Section 9, Rule 10 of the COMELEC Resolution No. 9991, as amended, is hereby amended to read as follows: “SECTION 9. Internal Transmission of SOCEs from field to CFO.- Within seven days from the last day of filing of SOCE, the following shall be observed in the collation and submission of SOCE and other documents: a. Office of the Election Officer- SOCE submitted. idates, proof of notice/service to candidate and party, record log sheet, Records of Oaths mr Barangay ant Elections) to be submitted to Office of the Provincial Election Supervisor. 2. Soft copy and checklist to be submitted to CFO. b. Office of the Provincial Electic sor- Collated SOCE documents from different cities or municipalities; 2. SOCE and other documents submitted by provincial candidates and provincial political parties, proof of notice/service to candidate and party, record log sheet to be submitted to the Office of the Provincial Election Supervisor.Q QO Page 8 of 13 3. Soft copy from provincial candidates and electoral parties, co and checklist to be submitted to CFO. ¢c. Office of the Regional Election Director 1. Collated SOCE documents submitted by the Offices of the Provincial Election Supervisor; 2. Regional Political Party submission of its SOCE and other documents; 3. Soft copy of the regional political party's disclosure statements and reports to be submitted to CFO; 4. Office of the Regional Election Director of BARMM 1. Collated SOCE ments submitted by the Offices of the Provincial Election Supervisor; 2, SOCE and other documents submitted by regional didates and political parties, proof of notice/service to candidate and party, record log sheet; 3. Soft copy of the regional candidates and political party's disclosure statements and reports, and checklist to be submitted to CFO; e, Office of the Regional Election Director of NCR 1, Collated SOCE documents. dif t cities municipality; 2, SOCE and other documents submitted by the regional political parties, proof of notice/service to candidate and party, record log sheet; 3. Soft copy from regional electoral parties, and checklist to be submitted to CFO, f Campaign Finance Office 1. SOCE from national candidates and national electoral a parties: 2. Collation of all soft copies of disclosure statements and reports, and checklists from all field offices.” SECTION 15. Section 11, Rule 10 of the COMELEC Resolution No. 9991, as amended, is hereby amended to read as follows: “SECTION 11. Administrative Fines. - Failure to submit SOCE in accordance with law and the rules, shall_subject_the_non-compliant idate_ or party to went of administrative fines, depending on whether the failure was its first or subsequent offense, following this Scale of Administrative Fines: Payment of the aforementioned administrative fines does not absolve the candidate or party who were imposed with the fines, as it does nnct erase the fact that they had failed to submit the required SOCE in relation to an election that they had participated in. SECTION 16. New Sections after Section 11 of Rule 10 of the COMELEC Resolution No. 9991, as amended, are hereby added to read as follows:= Page 9 of 13 “SECTION 12. Administrative Penalty for incomplete statements gnd reports, - An administratin uty shall be imposed in the amount of One Tho (P 1,000.00) Pe: inst candidate, electoral contributor for incomplete submission of the required documents. A SOCE is considered incomplete when: 1) any or all the required documents are unsigned or not notarized; 2) it lacks details and entries in any or all the documents; 3) there is a ntissing document and receipt, An incomplete report is a report that does not contain all the required information, or does not conform to the prescribed form, shall subject the contributor to the payment of penalty.” SECTION 13. Administrative Penalty against belated filing by elected candidate and electoral party. - Except in Barangay and Sk, an elected candidate and electoral party who belatedly submitted its SOCE shall be subject to payment administrative penalty: Elective Position Amount \President 10,000.00 Vice President 10,000.00 Senators 70,000.00} |House of Rey ntatives ~ Party-List G1 28 10,000.00 [National Political Parties 710,000.00 [Regional Governor and Regional Vice Governor |for the Autonomous Region in Muslim 8,000.00 [Mindanao (ARMM) [Members of the ARMM Regional Legislative LAssembly 2000.00 {Regional Political Parties 2,000.00 [Provincial Governors 8,000.00 [Provincial Vice Governors 8,000.00 [Provincial Political Parties 8,500.00 [Sans riang Panlalawi; (Provincial Board roa 2000.00 [House of Represenlatives — Legislalive Districis | 7,000.00 \Local Political Parties (City/Municipality) 7,000.00 City /Municipal Mayors 7,000.00 City/Municipal Vice Mayors 2,000.00 [Sanggumiang Panglingsod/Bayan (City/Municipal Councilors) £.090.00 Provided, that the SOCE shall be ithin six the_date of proclamation. Provided, further, that ‘belated filing in two instances by an elected candidate or party-list group shall be considered to have failed to file SOCE twice. In such case, the violator shall be imposed with administrative fine in accordance with the preceding section and shall be disqualified to hold public office.“ SECTION 17, Rule 12 of the COMELEC Resolution No. 9991, as amended, are hereby amended to read as follows:Page 10 of 13 “RULE 12 INVESTIGATION AND PROSECUTION A. INQUIRY AND INVESTIGATION SECTION 1. Preliminary Inquiry and Fact-finding investigation; Concept. - Preliminary inquiry and fact-finding investigation are informal and summary processes to ascertain and establish a fact relevant in dispute tat will merit a conduct of a subsequent full investigation, action, or ceeding agai candidate, electoral party, or ai rson, to be filed before the Law Department or the Clerk of the Commission. Itis a dis stage where it ion are gathered, researches verified to assemble a report necessary prior to the institution of a formal complaint or action. Preliminary inquiry is based from a complaint, or any other information or documents submitted and supplied by a complainant, informant, or a whistle blower; while fact-finding investigation is based from the referral by the Commission. SECTION 2. Complainant and informant defined. A complainant is a person who submitted a sworn written statement charging a candidate or te electoral _party of violation of any campaign finance laws. The complainant may be utilized as a witness by the CFO for the prosecution or legal action against the violator. An informant is an unknown person, or whose identity does not want to be known, but provides vital information or submitted important documents as_evidence concerning illegal activities against any person, didate, and electoral that will constitute violation of campai; inance Imws. An informant need not be used as a witness in prosecuting the violator. A whistle-blower is an informant working in or with the public sector who uncovers illegal activities committed by his officers or co-employees in the same office in the government service. It also mean any individual ithe private sector, who reveals wrongdoings and dealings by his officers an jloyees in the any where he is working conniving with am individual in the government service. In both cases, the information ins to the commission of an act that would violate campaign finance laws. SECTION 3. Conduct of preliminary inquiry and_fact-finding investigation- If it is initiated by the Commission, the Campaign Finance Director, or the examining officer, shall conduct the fact-finding investigation immediately against any person, candidate, or electoral party on the basis of the initial findings contained in the resolution. In other cases, where there is a complaint, or information submitted by any person requesting for inquiry, the Campaign Finance Director shall determine and examine whether the complaint or information can be supported by proof or other evidence on records. In all instances, the examining officer may request appearance of the candidate concerned, or a representative of the electoral party, or any persongD QO Page 11 of 13 for clarification on certain matter. However, he shall neither disclose the identity of the complainant or the informant nor allow the same to be mnted by the person re tive of the electoral party under investigation. The examining officer shall make a report whether there is basis to ject the proceeding to a subsequent action or to undergo a rma investigation. Otherwise, iss the complaint or the request, without prejudice for the complainant or the informant fo initiate the filing directly to the Law Department or to the Clerk of the Commission. If the examining of inds cause, the Campaign Finance Director ‘shall prepare the appropriate pleading or complaint against the candidate or the electoral party. SECTION 4. Inquiry into the financial records of candidates and organizations. ~ The Commission may, motu proprio or upon written representation for probable cause by any candidate, organization or group oj rsons or qualified voter, conduct inquiries into the financial records 0 candidate or electoral party, after due notice and hearing. For this pus the Commission may enter into a Memorandum of Agreement (MOA) with the Bangko Sentral ng Pilipinas to seek the assistance of the latter on establishing the procedure for the exercise of the Commission’s enforcement power granted by the Administrative Code of 1987 under Book V, Title I, Subtitle C, and Section 3 (2). B. Complaint and Prosecution SECTION 1, Initiation of Complaint for Campaign Finance Related Electic nses. - Complaint for election offense in violation of finance laws may be initiated motu proprio by the Commission through the CFO, or upon written complaint by any citizen of the Philippines, candidate, registered electoral party, or any accredited citizens’ arms of the Commission, SECTION 2. Motu Proprio laints. - The ign Finance. Director may file motu proprio complaint before the Law Department for violation of campaign finance laws. COMELEC Field Officers who personally witnessed the commission of election offenses shall report the same through the execution of a complaint affidavit and submit the said idavit to the CFO. If there is strong evidence to support a finding that an election oj has been committed, the CFO may file_a corresponding mplaint before the Law Department reliminary investigation; ise a fact-finding investigation maybe conducted by the CFO to gather more evidence to support the complaint. SECTION 3. Form of Complairtt_am re_to File. -When not initiated motu io by the Commission, the complaint must be notarized and supported by affidavits and/or any other evidence. Complaints may be filed with the Law Department, with the offices of the Provincial ElectionPage 12 of 13 Supervisor _in_cases involving city/municipal candidates, or withthe Regional Election Director in cases involving provincial candidates. SECTION 4. Evidence to Support Complaint. - In addit sworn affidavits of witnesses and other traditional forms of documentay evidence, this CFO shall_also_accept photographic and video evidence, subject to the following conditions: () Still photographs taken with the use of a camera must be printed and attached to the complaint; Provided, that such photographs must be identified, explained and authenticated by the person who took the same through the execution of a sworn affidavit attesting to the circumstances under which the photographs were taken. (b) For video recordings, the same must likewise be identified, lained and authenticated by the jon who made the recording through the execution of a sworn affidavit to that effect. The electronic file copies of the photographs or video recordings must be_stored in a portable storage medium such as a compact disc and submitted together with the complaint,” SECTION 17. A new Section after Section 5 of Rule 13 of the COMELEC Resolution No. 9991, as amended, is hereby added to read as follows: “SECTION 6, Initiation of Petition for Administrative Exclusion. ~ uy receipt of Certificate of Finality of the judg it from _the Commission which declared a candidate to be perpetually disqualified to hold public office, a Petition for Administrative Exclusion shall be filed before the Law it the candidate from running intl elections. ‘The ex parte petition, once approved by the Commission En Banc, shall remove the said candidate from the List of Candidates qualified to run in the elections.” SECTION 18. Rule 14 is renumbered to Rule 15, the new Rule 14 of the COMELEC Resolution No. 9991, as amended, is hereby to read as follows: “RULE 14 Administration of Oath SECTION 1. Lack of authority of Officers of the Commission to administer oath. Exception- All officers of the Commission are not guthorized to administer oath, even in their capacities as notary public, on any campaign finance disclosure statements except in Barangay and SK elections.Oo O 1U5U5 Page 13 of 13 SECTION 2. Officers of the Commission authorized to administer onth in Barangay and SK elections. - ‘The following officers, whether in f or in actin: ity, are hereby authorized to administer of charge, in all submissions related to disclosure statements: a) Regional Election Director; b) Assistant Regional Election Director; ©) Regional Election Attorney; @) Provincial Election Supervisor; ¢) Election Officer: The authority given to said officers shall not be interpreted to render ineffective the authority granted to on fo administer oaths under existing laws, SECTION 3. Record Requirement for Administration of Oaths, - ‘There shall _be a ‘Record of Oaths’ to be the authorized officers mentioned in the preceding section, containing the list of all documents they administered in connection with the Barangay and SK elections.” SECTION 19, Rule 15 and Rule 16 of the COMELEC Resolution No. 9991, as amended are renumbered to Rule 16 and 17, respectively. Let the Campaign Finance Office implement this Resolution. The Education and Information Department is directed to cause the publication of this Resolution and to disseminate the same to all field offices of the COMELEC, and to the presidents or secretary-generals of all parties, candidates, mass media entities and deputized offices. SO ORDERED. On Official Business LUIE TITO F. GUIA Commissioner Commissioner On Official Business MA. ROWENA AMELIA V. GUANZON, SOCORRO B. INTING Commissioner Commissioner Lae ORio Tf. kKHO, Commissionerony MEPL OETA sn wna COMMISSION CN ELECTIONS! GPUCRTICN AND INFORMA ION DEPART RENE, RECEIVED Ry: ‘Republic Philippines peye:, COMMISSION ON ELECTIONS Intramuros, Manila RULES AND REGULATIONS GOVERNING Abas, S.M., Chairman BAN ON PUBLIC WORKS AND RELEASE, Parrefio, A.A, Commissioner DISBURSEMENT AND EXPENDITURES OF Gyja, L,,T. Commissioner PUBLIC FUNDS, CONSTRUCTION OF Guanzon, M.R.A.V., Commissioner ‘PUBLIC ‘WORKS, DELIVERY OF Inting, SB., Commissioner MATERIALS FOR PUBLIC WORKS AND Casqucjo, MS, Commissioner ISSUANCE OF TREASURY WARRANTS xno jr AT, Commissioner AND SIMILAR DEVICES IN CONNECTION WITH THE MAy 13, 2019 AUTOMATED SYNCHRONIZED NATIONAL AND LOCAL ‘ELECTIONS. Promulgated: March 20, 2019 RESOLUTION NO. 10514 ‘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 and régulations to enforce the prohibitions provided under Section 261, subsections (v) and (w) of the Omnibus Election Code (OEC). SECTION 1. Prohibition on Release, Disbursement or Expenditure of Public Funds. - Effective March 29, 2019 until May 12, 2019,no public official ‘or employee, including barangay officials, and those of government-owned or controlled corporations and their subsidiaries shall release, disburse or expend any public funds for: 1) Any and all kinds of public works, except the following: a) Maintenance of existing and/or completed public works project: Provided, that not more than the average number of laborers or employees already employed therein during the six-month period immediately prior to March 29, 2019, shall be permitted to work during such time: Provided, further, That no additional laborers shall be employed for maintenance work starting March 29, 2019 until. May 12, 2019; koO O Page 2 of 8 b) Work undertaken by contract through public bidding held, or by negotiated contract awarded, before March 29, 2019: Provided, that for the purpose of this Section work under the so-called “takay” or “pakyaw” system shall not be considered as work by contract; ©) Payment for the usual cost of preparation for working drawings, specifications, bills of materials, estimates, and other procedures preparatory to actual construction including the purchase of materials and equipment, and all incidental expenses for wages of watchmen and other laborers employed for such work in the central office and field storehouses before March 29, 2019: Provided, that the number of such laborers shall not be increased over the number hired when the project or projects were commenced; and d) Emergency work necessitated by the occurrence of a public calamity, but such work shall be limited to the restoration of the damaged facility. No payment shall be made within five (6) days before the date of election to laborers who have rendered services in projects or works except those falling under subparagraphs (a), (b), (c), and (4), of this Section. The prohibition shall not apply to on-going public works projects commenced before the campaign period or similar projects under foreign agreements. For purposes of this provision, it shall be the duty of the government officials or agencies concerned to report to the Commission the list of all such projects being undertaken by them as provided for under Sec. 3 of this, Resolution. : 2) The Department of Social Welfare and Development and any other office in other departments of the government performing functions similar to said department, except for salaries of personnel, and for such other routine and normal expenses, and for such other expenses as the Commission may authorize after due notice and hearing. Should a calamity or disaster occur, all releases normally or usually coursed through the said departments and offices of other departments shall be turned over to, and administered and disbursed by, the Philippine National Red Cross, subject to the supervision of the Commission on Ala oO Page 3 of 8 ‘Audit (COA) or its representatives, and no candidate or his or her spouse or member of his family within the second civil degree of affinity or consanguinity shall participate, directly or indirectly, in the distribution of any relief or other goods to the victims of the calamity or disaster;. and 3) The Housing and Urban Development Coordinating Council and any other office in any department of the government performing functions similar to said department, except for salaries of personnel and for such other necessary administrative or other expenses as the Commission may authorize after due notice and hearing. SECTION 2. Prohibition Against Construction of Public Works, Delivery of Materials for Public Works and Issuance of Treasury Warrants and Similar Devices. - Effective March 29, 2019 until May 12, 2019, no person shall: 1) Undertake the construction of any public works, except for projects or works exempted in the preceding Section; or 2) Issue, use or avail of treasury warrants or any device undertaking future delivery of money, goods, or other things of value chargeable against public funds. SECTION 3. Submission to the Commission of lists of authorized public works projects.~ On or before March 29, 2019, the Secretary of Public Works and Highways, the provincial governors, city/municipal mayors and punong barangays in relation to national, provincial, city/municipal and barangay public works as the case as may be, shall submit to the Commission, thru the Campaign Finance Office (CFO), regional election directors/ provincial election supervisors/election officers concerned, certified lists of the following: 1) All on-going public works projects commenced before March 29, 2019; 2) Similar projects under foreign agreements; and 3) All public works undertaken by contract through public bidding held, or by negotiated contract awarded, before March 29, 2019 together with a copy of said contracts. Any public works not included in the list herein required to be submitted by the Secretary of Public Works and Highways, the provincial governors, city/municipal mayors, and punong barangays, which are not among the exceptions under Sec. 261, subsection (v) of the OBC shall be considered as falling under the public works ban. &Page 4 of 8 SECTION 4. Immediate payment of laborers required. - Any laborer who may have worked on public works projects which have to be suspended pursuant to the forty-five (45) day ban on public works shalll be paid immediately his complete earned wage upon the suspension of the public works projects. In no case shall the'earned wage or any portion thereof be retained to be paid only within five (6) days before or on the day of the election. Likewise, any laborer who may worked in public works projects authorized under any of subparagraphs (a) to (d) of Sec.1 hereof, shall be paid his complete earned wage every regular pay and in no case shall said wage or any part thereof be retained or its payment deferred. SECTION 5. Issuance of Certificate of Exception. ~ The CEO, in coordination with the COMELEC field officers, shall receive and compile the lists of authorized public works projects to be submitted by the Secretary of Public Works and Highways, provincial governors, city/municipal mayors and punong barangays in relation to national, provincial, city /municipal and barangay public works. SECTION 6. How to apply for a Certificate of Exception. - Any written request for the issuance of Certificate of Exception shall be accompanied by the documentary requirements enumerated in the succeeding sections. ‘The Campaign Finance Office is hereby authorized to issue Certificate of Exception after a complete evaluation of documents submitted and upon payment of a certification fee in the amount of One Hundred (100.00) Pesos. ‘The field offices shall refrain from receiving or charging the said amount from the requesting party until the CFO confirms the Certificate of Exception has been issued and the corresponding Order of Payment has been made. For request not accompanied by the documentary requirements or incomplete documents, the CFO shall inform the requesting party in writing of the required documents to be submitted. SECTION 7. Documentary requirements for issuance of Certificate of Exception. - For exceptions described in the preceding sections, the following documentary requirements shall be submitted by the requesting party for issuance of Certificate of Exception. 1) Maintenance of existing and/or completed public works Project; a) Certified true copy of the certificate of completion of the public works project; b) Certified true copy of the letter of acceptance of the public works project; zPage 5 of 8 ¢) Certified true copy of the contract covering the maintenance work being done on the existing/completed public works project; d) A notarized or sworn undertaking or commitment not to allow, hire or employ more than or additional number of employees/laborers to work during March 29, 2019 to May 12, 2019; and 2) Public works projects undertaken by contract through public bidding or by negotiated contract awarded; a) Certified true copy of the notice of award of contract; or b), Certified true copy of the notice to proceed with the public works project; or ©) Certified true copy of the contract agreement. In the case of negotiated contracts awarded, the requesting party must submit: a) Certified true copy of the notice of award; or b) Certified true copy of the negotiated contract; or ©) An official document showing the basis for proceeding to a negotiated contract, such as a Bid and Awards Committee (BAC) report or resolution declaring previous failed biddings, small value procurement, lease, emergency cases, and other similar documents. 3) Payment for the usual cost of preparation of public works project for working drawings, specifications, bills of materials, and estimates, purchase of materials and equipment, and other procedures preparatory to actual construction, and all incidental expenses for wages of watchmen and other laborers employed for such work in the central office and field storehouses; a) The statement of account, billing or collection invoice showing amount and date due evidencing the payment required to be released; and b) Aswom ornotarized undertaking or commitment not to hire or employ more laborers than number of laborers at commencement date of the project/s. k© O Page 6 of 8 4) Emergency work necessitated by the occurrence of a public calamity limited to the restoration of the damaged facility; a) A certified true copy of the Executive Order or the Local Sanggunian Resolution declaring a state of calamity; and b) Documentation showing the scope of the emergency work needed, which must be limited to the restoration of the damage facility. 5) Ongoing public works projects commenced before May 29, 2019 or other similar projects under foreign agreements. - a) Certified true copy of the —_ foreign agreement/ contract; and b) List of works covered by the foreign agreement/ contract. SECTION 8. Projects, Activities, and Programs pertaining to Social Welfare Projects and Services (non-infrastructure projects)- Social welfare projects and services which are originally under the Ministry of Human Settlements which are now performed by other departments /agencies of the government are not covered by the ban. However, the requesting party shall file a Petition for Exception before the Clerk of the Commission. SECHION 9. Projects and Programs entailing the use of other State/Public funds not covered under Section 261 (v) of the OEC. - The release, disbursement or expenditures of other state funds are allowed subject to the following conditions: 1) The projects/programs/activities (“PPAs”) sought to be implemented during the prohibited period of March 29, 2019 to May 12, 2019 were established before the said period and duly reported to the Commission on Audit pursuant to Item 2.1 of its Circular No, 2013-004 dated 30 January 20131; 2) The public awareness and information dissemination activities pertaining to these PPAs must conform to the guidelines provided under the said COA Circular. 3) Inno instance shall the implementation of PPAs be used as an opportunity by any candidate, his or her spouse, family member within the second civil degree of affinity 2 The subject of Commission on Audit Circular No. 2013-004 dated 30 January 2013 is “Information and Publicity on Programs/Projects/ Activities of Government Agencies”, &i Page 7 of 8 or consanguinity, political parties, _party-list organizations and their nominees to farther their candidacy through their personal appearance in such events, the posting, exhibition or distribution of any form of election propaganda, or any material containing their names, logos, initials, mottos, slogans, images, and other forms of representation attributable to them. 4) Support for or endorsement of candidates, party-list organizations and political parties shall not be made as a condition for the entitlement of the benefits from the PPAs. 5) Should the PPAs involve distribution of cash, goods or merchandise for scholarships, assistance for burial, healthcare, calamity and other similar programs, candidates, party-list nominees, their spouses, and members of their family within the second civil degree of affinity or consanguinity are strictly prohibited from participating, directly or indirectly, in the distribution thereof. A violation of this condition shall subject the candidates or their representatives to liability under Section 261 (0) of the OEC. SECTION 10. Public- Private Partnership and Build-Operate- Transfer Projects. - Public works contracted under the Public-Private Partnership (PPP) and Build-Operate-Transfer (BOT) law are not covered by the ban on public works. SECTION 11. The Commission is not estopped from implementing Section 261 (0) of the OEC. - In cases where the prohibited acts as described in Section 261 (0) of the OEC occur, the Certificate of Exception issued by the Campaign Finance Office shall not bar the Commission En Banc ot other prosecuting arms of the government to conduct preliminary investigation of election offenses punishable under the OEC, pursuant to its prosecutorial powers under Section 254 thereof, as amended by Section 43 of Republic Act No. 9369. SECTION 12. Injunction. ~ The Department of 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 payments or expenditures of public funds that may directly or indirectly be used in violation of the prohibitions contained in Sec. 261, sub-sections (v) and (w) of the OEC or Sections 1 and 2 hereof. SECTION 13. Penalty. -. Any violation of the provisions of the Resolution shall, consistent with Sections 261 and 264 of the OEC, constitute LoO QO 10514 : Page sof, / an election offense and shall be punishable by imprisonment of not less than ‘one (1) year but not more than six (6) years, among other penalties provided for by law. SECTION 14. Effectivity, - This Resolution shall take effect on the seventh day after its publication in two (2) daily newspapers of general circulation. SECTION 15. Dissemination, - The Education and Information Department shall cause the publication of this resolution in two (2) daily newspapers of general circulation, immediately after promulgation hereof, and shall furnish copies hereof to 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. SO ORDERED. On Official Business VOTED IN. FAVOR. ALA. PARRENG LUIE TITO F. GUIA Commissioner Commissioner On Official Business MA. ROWENA AMELIA V. GUANZON Commissioner ie