91 projects exempted from Comelec ban

CEBU, Philippines — The Commission on Elections (Comelec) has exempted 91 infrastructure projects of the Cebu City Government, although the distribution of the Charter Day bonuses remains uncertain.

This was announced by Cebu City Mayor Raymond Alvin Garcia in a press conference yesterday. He said the petition was filed in November last year. Garcia said that with this certification, at least 91 projects now have the green light to commence, despite the implementation of the Comelec ban on disbursing and utilizing government resources and funds during the election season.

This is the second wave of exemptions that Comelec has granted to Cebu City. It can be recalled that earlier this month, Comelec approved the utilization of ?310.21 million for social service programs, projects, and dole-outs.

With this exemption, Garcia said they are hopeful that a decision regarding the distribution of the Charter Day bonus, which has been stalled for months, will finally be issued. As of this week, despite going to the national Comelec office to seek answers, Garcia said there is still no decision on whether the bonuses will be released.

"But I'm keeping my fingers crossed," said Garcia, referring to the bonuses he earlier hoped would be distributed just before election day.

Among those exempted by Comelec is the construction of the Department of Veterinary Medicine and Fisheries building in Barangay Mabolo, which includes a compound perimeter fence. It also includes the design and construction of the wastewater treatment facility in the Kalunasan Jail.

Comelec also approved the installation of a water tank and the construction of a water impounding system, both for Barangay Taptap. They also granted an exemption for the asphalt overlay project included in Phase 1 for 2024.

The Cebu City Government was also granted permission to begin the repair, rehabilitation, and renovation of the Abellana National School, specifically its multipurpose building and grounds, as well as its classrooms and sports facilities. This includes the rehabilitation and renovation of the Cebu City Sports Center.

Most of those projects that were exempted were renovation and construction projects for multipurpose halls and evacuation centers in various barangays, as well as a number of drainage system projects with road concreting.

The exemption certification, signed by Comelec chairman George Erwin Garcia, did not specify the corresponding amount for each project. It was signed and approved last April 21.

As indicated in the certification, Comelec emphasized that the certification shall not be “construed as a waiver” on the part of Comelec to prosecute other election offenses under Sections 104, 261(o), (v), and (w) of the Omnibus Election Code.

They added that the certification also does not exempt the recipient from complying with the provisions of the Commission on Audit under Circular No. 2013-004.

It can be recalled that under Resolution No. 11060, issued on September 13, 2024, Comelec emphasized the rules and regulations prohibiting the release, disbursement, or expenditure of public funds for social services and housing-related projects.

This also includes the issuance of treasury warrants and similar instruments under Sections 261(v) and (w) of the Omnibus Election Code, in connection with the May 12, 2025, National and Local Elections and the BARMM Parliamentary Elections.

Under Section 261(v) of the Omnibus Election Code, public officials or employees --including barangay officials and those of government-owned and -controlled corporations and their subsidiaries-- are prohibited from releasing, disbursing, or expending any public funds for social services and housing-related projects during the 45 days preceding a regular election, unless a resolution for exemption has been issued.

Additionally, Section 261(w) of the OEC prohibits anyone from issuing, using, or availing of treasury warrants or any device for the future delivery of money, goods, or other things of value chargeable against public funds during the 45-day period before a regular election.

It was also reported that before the council approved the resolution authorizing Garcia to file these petitions, it was deferred, amended, and underwent scrutiny by the legislative body. — (FREEMAN)