Promulgation: 26 September 2017
RULES AND REGULATIONS GOVERNING BAN ON CONSTRUCTION OR MAINTENANCE OF BARANGAY-FUNDED ROADS AND BRIDGES IN CONNECTION WITH THE OCTOBER 23, 2017 SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS
The Commission on Elections, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code (OEC), and other election laws, has RESOLVED, as it hereby RESOLVES to promulgate the following rules and regulations to enforce the prohibitions provided under Section 4 of Republic Act 10923 in relation to Section 261 (v) and (w) of the OEC.
SECTION 1. Prohibition against construction or maintenance of barangay - funded roads and bridges. - The construction or maintenance of barangay-funded roads and bridges shall be prohibited for a period of ten (10) days immediately preceding the date of election.
Sec. 2. Prohibition on release, disbursement or expenditure public funds - Effective October 13, 2017 to October 22, 2017, 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 barangay-funded roads and bridges, except the following:
a. Maintenance of existing and/ or completed barangay-funded roads and bridges: Provided, that not more than the average number of laborers or employees already employed therein during the six-month period immediately prior to October 13, 2017, shall be permitted to work during such time: Provided further, that no additional laborers shall be employed for maintenance work starting October 13, 2017 until October 22, 2017;
b. Work undertaken by contract through public bidding held, or by negotiated contract awarded, before October 13, 2017: Provided, that for purposes of this Section work undertaken under the so-called "takay" or "pacquiao" system shall not be considered work by contract;
c. 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 before October 13, 2017: 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 the five (5) days before the date of election to laborers who have rendered services in projects or works except those falling under subparagraph (a), (b), (c), and (d), of this Section.
The prohibition shall not apply to on-going barangay-funded roads and bridges 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 under Section 3 of this Resolution.
Sec. 3. Submission to the Commission of certified lists of authorized public works projects - On or before October 13, 2017, punong barangays shall submit to the Campaign Finance, thru the Office of the Election Officer concerned, certified lists of the following:
a. all on-going barangay public works commenced before October 13, 2017;
b. similar projects under foreign agreements; and
c. all barangay public works undertaken by contract through public bidding held, or negotiated contract awarded before October 13, 2017 together with a copy of said contracts.
Any barangay public works not included in the list herein required to be submitted by the punong barangay shall be considered as falling under the public works ban.
Sec. 4. Issuance of Certificate of Exception. - The CFO shall receive and compile the lists of authorized barangay public works. Written request for the issuance of Certificate of Exception must be accompanied by documentary requirements enumerated in the succeeding sections of this Resolution upon payment of certification fee of Five Hundred (500.00) Pesos.
Sec. 5. Requirements for maintenance of existing or completed barangay public works projects. - The following documents must be submitted by the requesting party:
a. Certified copy of the certificate of completion of the public works project;
b. Certified copy of the letter of acceptance of the public works project;
c. Certified copy of the contract covering the maintenance work being done on the existing/ completed public works project;
d. A notarized or sworn undertaking not to allow more than the number of laborers or employees already employed during the six-month period to work before October 13,. 2017; and
e. A notarized or sworn undertaking not to hire additional laborers that would exceed the said number as provided for in letter (d).
Sec. 6. Documentary requirements for public works projects undertaken by contract through public bidding or by negotiated contract awarded before October 13, 2017 - The following documents must be submitted by the requesting party:
a. Certified copy of the notice of award of contract;
b. Certified copy of the contract agreement;
c. Certified copy of the notice to proceed with the public works project; and
d. In the case of negotiated contracts, the requesting party must submit:
1. Certified copy of the negotiated contract; and
2. An official document showing the basis for proceeding to a negotiated contract such as: Bids and Awards Committee (BAC) report or resolution declaring previous failed biddings, small value procurement, lease, emergency cases, and other similar documents.
Sec. 7. Requirements for 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 before October 13, 2017.
- The following documents must be submitted by the requesting party:
1. The statement of account, billing or collection invoice showing amount and date due for payment; and
2. A sworn or notarized undertaking not to hire more than the actual number of laborers at the start of the project/s.
Sec. 8. Requirements for emergency work necessitated by the occurrence of a public calamity, but limited to the restoration of the damaged facility - The following documents must be submitted by the requesting party:
a. A certified copy of the executive order or resolution of the local sanggunian declaring a state of calamity; and
b. Documents showing the scope of the work which must be limited to the restoration of the damaged facility.
Sec. 9. Requirements for ongoing public works projects commenced before the campaign period or other similar projects under foreign agreements. - The following documents must be submitted by the requesting party:
a. Certified copy of the foreign agreement/ contract; and
b. List of works covered by the foreign agreement/ contract.
Sec. 10. Construction of public works, delivery of materials for public works and issuance of treasury warrants and similar devices. - Certificate of Exception shall be issued under Section 2 only if the undertaking of construction for public works refer to projects or works already exempted under Section 1.
The prohibition against the issuance, use, availment of treasury warrants, or any device undertaking future delivery of money, goods, or other things of value chargeable against public funds from October 13, 2017 up to October 22, 2017 under Section 1 shall remain without exception.
Sec. 11. The Commission is not estopped from implementing Section 261 (o) of the OEC. - In cases where the prohibited acts as described in Section 261 (o) of the OEC occur, the issuance of certificate of exception shall not bar the Commission or other prosecuting arms of the Government to conduct preliminary investigation of election offenses punishable under the Omnibus Election Code, pursuant to its prosecutorial powers under Section 254 thereof, as amended by Section 43 of Republic Act No. 9369.
Sec. 12. Injunction. - The Department of Budget and Management and the Commission on Audit, including all its field offices, shall not 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 Section 1 hereof.
Sec. 13. Penalty. - Any violation of the provisions of this Resolution shall constitute an election offense punishable by imprisonment of not less than one (1) year but not more than six (6) years, among other penalties provided for by law.
Sec. 14. Effectivity. - This Resolution shall take effect on the seventh day after its publication in two (2) daily newspapers of general circulation.
Let the Campaign Finance Office implement this Resolution.
SO ORDERED.
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