The Commission on Elections has begun enforcing the election-related spending ban covering the period leading up to the scheduled November 2 Barangay and Sangguniang Kabataan Elections, even as lawmakers consider postponing the polls.
The ban took effect on September 18 and will remain in place until November 1. Under Section 261(v) of the Omnibus Election Code, the release, disbursement or expenditure of public funds is prohibited during the prescribed period before a regular election.
The restrictions also cover certain public works, the delivery of materials for public projects and the issuance of treasury warrants and similar payment instruments.
Government agencies are likewise prohibited from appointing or hiring new employees, creating or filling certain positions, and granting promotions, salary increases or additional privileges during the prohibited period, subject to exemptions provided by law.
However, the Comelec has granted exemptions to four Land Transportation Franchising and Regulatory Board programs: the EDSA Busway Extension Service Contracting Program, the Love Bus “Libreng Sakay” program, the Fuel Subsidy Program and the Public Transport Modernization Program.
The approved amounts include P51 million for the EDSA Busway Extension, P940 million for the Love Bus, P1.785 billion for fuel subsidies and P1.5 billion for the Public Transport Modernization Program.
The exemptions come with conditions. Elective officials, candidates, nominees and aspirants cannot participate in the distribution of assistance, and the programs must not be used in a way that could influence the November 2 elections. The LTFRB is also required to submit program guidelines and periodic reports on the disbursements.
The spending ban is being implemented while the legal status of the November 2 polls remains subject to developments in Congress. The Comelec has said it will continue preparing for the scheduled elections until any postponement becomes legally effective.
The election restrictions therefore remain in force for now, with government agencies expected to comply with the prohibited acts and any exemptions specifically approved by the Comelec.
