Selling NFA buffer rice not banned by Comelec

The Commission on Elections (Comelec) on Wednesday clarified that the emergency sale and release of rice to local government units (LGUs) is not covered by the election ban.

Comelec Chairperson George Garcia assured the public that essential government services will not be disrupted while maintaining compliance with election laws, rules, and regulations.

The clarification follows the Comelec en banc’s approval and adoption of the opinion of the Comelec Law Department, which stated that the Department of Agriculture (DA), particularly the National Food Authority (NFA), may sell rice to LGUs to address a declared food security emergency caused by supply shortages or an extraordinary increase in prices. The ruling determined that this does not violate the Omnibus Election Code (OEC).

"Such an act is merely a sale and release of buffer rice stocks to areas covered by the Declaration of Food Security Emergency on Rice and resale of the same by the concerned LGUs to their constituents, which does not involve a distribution of aid in its present form," Comelec Spokesperson Rex Laudiangco explained.

"Thus, said action by the DA requires no prior authority from the Commission on Elections for its implementation," he added.

Under Section 261(v) in relation to Section 264 of the OEC, the release, disbursement, or expenditure of public funds for social welfare and service projects is prohibited from 28 March to 11 May unless authorized by Comelec. Violations may result in imprisonment of one to six years, disqualification from holding public office, and loss of voting rights.

However, Laudiangco emphasized that this exemption applies strictly to the emergency sale and release of buffer rice stocks by the DA and NFA, and their subsequent resale by LGUs to constituents.

"[This] should not, in any way, be an avenue for partisan political activity of whatever for or nature and intend to induce anyone of the public in general to vote for or against any candidate under the guise of social welfare services," he warned.