Resolution No. 9547

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 December 01, 2012 Plebiscite to ratify the conversion of the Cabanatuan City from a component city into a highly-urbanized city, dated July 04, 2012;

SECTION 1. (A) Prohibition on Release, Disbursement or Expenditure of Public Funds. - Effective November 05, 2012 until December 01, 2012, 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:

1. Any and all kinds of public works, except the following:
   1. 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 December 01, 2012, shall be permitted to work during such time: Provided, further, That no additional laborers shall be employed for maintenance work starting November 05, 2012 until December 01, 2012;
   2. Work undertaken by contract through public bidding held, or by negotiated contract awarded, before November 05, 2012: Provided, That for the purpose of this Section work undertaken under the so-called "takay" or "paquiao" system shall not be considered as work by contract;
   3. 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 November 05, 2012: Provided, That the number of such laborers shall not be increased over the number hired when the project or projects were commenced; and
   4. 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 (5) days before the date of the plebiscite to laborers who have rendered services in projects or works except those falling under subparagraphs (a), (b), (c), and (d), of this Section.

   The prohibition shall not apply to on-going public works projects commenced before the plebiscite 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 undertaken by them as provided for under Sec. 2 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 Audit (COA) or its representatives; and
3. The Human and Urban Development Coordinating Council and any other office in any other 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.

(B). Prohibition against construction of public works, Delivery of Materials for Public Works and Issuance of Treasury Warrants and Similar Devices or maintenance of municipal and barangay-funded roads and bridges. - Effective November 05, 2012 to December 01, 2012:

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, goods, or other things of value chargeable against public funds in the Cabanatuan City, shall be prohibited.

SEC. 2. Submission to the Commission of lists of authorized public works projects. - On or before November 05, 2012, the Secretary of Public Works and Highways, the City Mayor of Cabanatuan City and the punong barangays therein, shall submit to the Commission in Manila thru the Provincial Election Supervisor of Nueva Ecija , a certified list of all on-going public works, projects under foreign agreements and those undertaken by contract through public bidding, negotiated contract undertaken in the Cabanatuan City before November 05, 2012.

Any public works not included in the list herein required to be submitted by the Secretary of Public Works and Highways, the City Mayor of Cabanatuan City and the punong barangays therein, 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 city and barangay-funded roads and bridges which have to be suspended pursuant to the public works 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 plebiscite.

SEC. 4. Injunction. - The Department of Budget and Management (DBM) and the Commission on Audit (COA), including its field offices concerned, 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 Section 261 (v) and (w) of the Omnibus Election Code and Section 1 hereof.

The Provincial Election Supervisor of Nueva Ecija and the Election Officer of the Cabanatuan City are directed to monitor compliance with the requirements under Sec. 2 hereof by the local executive officers in the aforesaid city, 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 in the Philippines.

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.

The Deputy Executive Director for Operations shall furnish the Secretary of Public Works and Highways, the DBM and COA, the Regional Election Director of Region III, the Provincial Election Supervisor of Nueva Ecija, the Election Officer of Cabanatuan City and the City Mayor of Cabanatuan City, with a copy of this Resolution.

SO ORDERED.

(Sgd.) SIXTO S. BRILLANTES, JR. Chairman
(Sgd.)RENE V. SARMIENTO Commissioner	(Sgd.) LUCENITO N. TAGLE Commissioner
(Sgd.) ARMANDO C. VELASCO Commissioner	(On Official Business) ELIAS R. YUSOPH Commissioner
(Sgd.) CHRISTIAN ROBERT S. LIM Commissioner	(Sgd.) MA. GRACIA CIELO M. PADACA Commissioner