2010 NATIONAL and LOCAL ELECTIONS
RESOLUTION No. 9069
RULES AND REGULATIONS GOVERNING PUBLIC WORKS BAN AND RELEASE, DISBURSEMENT AND EXPENDITURES OF PUBLIC FUNDS IN CONNECTION WITH THE NOVEMBER 13, 2010 SPECIAL ELECTIONS IN THE PROVINCE OF BASILAN, FIRST LEGISLATIVE DISTRICT OF BULACAN AND CERTAIN AREAS IN LANAO DEL SUR. Promulgation: 16 October 2010
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 the provisions of Section 261, subsections (v) and (w) of the Omnibus Election Code in connection with the conduct of the November 13, 2010 Special Elections in the Province of Basilan, First Legislative District of Bulacan and certain areas in Lanao del Sur: SECTION 1. (A) Prohibition on Release, Disbursement or Expenditure of Public Funds. - Effective October 29, 2010 until November 13, 2010, no public official or employee including barangay officials and those of government-owned or controlled corporations and their subsidiaries concerned, shall release, disburse or expend any public funds for:
(B). Prohibition against construction public works, Delivery of Materials for Public Works and Issuance of Treasury Warrants and Similar Devices or maintenance of national, provincial, city, municipal and barangay-funded roads and bridges. - Effective October 29, 2010 to November 13, 2010, (1) the construction of any public works, except for projects or works exempted in the preceding Section; or (2) the issuance, use or avail of treasury warrants or any device undertaking future delivery of money good, or other things of value chargeable against public funds in the Province of Basilan, First Legislative District of Bulacan and certain areas in Lanao del Sur, shall be prohibited. SEC. 2. Submission to the Commission of lists of authorized public works projects. - On or before October 29, 2010, the Secretary 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 ongoing public works, projects under foreign agreements and those undertaken by contract through public bidding, negotiated contract undertaken before October 29, 2010. 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 barangay concerned, which are not among the exceptions under Section 261, subsection (v) of the Omnibus Election Code shall be considered as falling under the public works ban. SEC. 3. Immediate payment of laborers required. - Any laborer who may have worked on 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 projects. In no case shall the earned wage or any portion thereof be retained to be paid only within five (5) days before or on the day of the election. SEC. 4. Injunction. - The Department of Budget and Management and the COA, including all its field offices, are herby 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 Section 261 (v) of the Omnibus Election Code. The concerned field offices of the Commission, including those of its deputized agencies and citizens arm therein, are directed to monitor compliance with the requirements under Sec. 2 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. SEC. 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 (1) year but not more than six (6) years, among other penalties provided for by law. SEC. 6. Effectivity. - This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily newspapers of general circulation. SEC. 7. 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 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 the concerned field offices of the Commission copies hereof. SO ORDERED.
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