THE Commission on Elections (Comelec), just like any government institution, is bound to follow all the laws of the land, particularly those involving the elections. When the Comelec falters, as when members of the en banc disagree and adamantly hold on to their respective personal positions on issues, there is the Supreme Court to say with finality what the correct interpretation of the law is.
The problems faced by the present-day Comelec headed by Chairman George Erwin Garcia is that it is working with rigid laws that may not be practical to implement in this day and age. One of these laws is Batas Pambansa 881, otherwise known as the Omnibus Election Code, which was passed by the first Marcos administration in 1985.
A provision in that omnibus law provides that public works projects need to be suspended during the election period. The rationale is that politicians should not use these projects to gain approval points and boost their candidacy. Another is that there is the risk of funds for infrastructure projects flowing straight to the pockets of these politicians.
‘… candidates, political leaders and the public at large have been duly warned about violations of the election ban that may constitute election offenses.’
In allowing the continued implementation of public works projects even under the election period — actually an exemption from the ban — Comelec Chairman Garcia explained: “In the law (Batas Pambansa 881), there is a ban on public works and social services. This is a 1985 law. Until that changes, the Comelec will implement that. The situation of Filipinos is different in 1985 and now in 2025. A lot has changed – technology, lifestyle, and country events.”
“It is very difficult to stop public works. If the road is muddy when it rains or dusty when it’s sunny, why should we stop the project? So, the exemptions are allowed, which in our opinion is not politics but a project that is included in the budget and has been planned for a long time.”
On the maintenance of roads and construction of public hospitals, schools and military facilities, this exemption that the Comelec has been giving is understandable.
The exemption of “social services” from the ban is another matter, though. This is because the various “ayuda” programs of the Marcos administration fall under this category. The AICS, AKAP and TUPAD are social services that the Omnibus Election Code specifically prohibits, according to Garcia.
The Comelec has enjoined the DSWD to ensure that the distribution of the dole-outs will be handled by employees of the concerned agencies without the presence of politicians, especially the candidates. The poll body assured the public that it will not hinder the distribution of these essential services amid the election ban.
“In social services, the aid for Filipinos in need, the Comelec will not be an obstacle to the education of the poor or scholarships, relief from hunger, burial services, we will not stop that as long as the exemption is clear – how to do it, who will be the beneficiary, how much will be used, and the politician must not be present at the distribution,” Chairman Garcia said.
“After all, there is no need for a politician in the distribution of the DSWD. When it comes to distribution, only the workers of the department should be there, and no politicians. Those aids are part of their rights. That should not be abused or used, especially during the election.”
With these clarifications, the candidates, political leaders and the public at large have been duly warned about violations of the election ban that may constitute election offenses.
