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 there will be no deprivation of the necessary services of the government while ensuring full compliance with election laws, rules, and regulations.
This comes as the Comelec en banc resolved to approve and adopt the opinion of the Comelec Law Department, stating that the act of the Department of Agriculture (DA), particularly the National Food Authority (NFA), of selling rice to LGUs to address the duly declared food security emergency due to supply shortage or extraordinary increase in prices is not a violation of the Omnibus Election Code (OEC).
“Such 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 said.
“Thus, said action by the DA requires no prior authority from the Commission on Elections for its implementation,” he added.
Section 261(v) in relation to Section 264 of the OEC prohibits the release, disbursement, or expenditure of public funds for social welfare and services projects from 28 March to 11 May except as may be authorized by the Comelec.
Violation of such is an election offense and may be penalized by imprisonment of not less than one year but not more than six years which shall not be subject to probation; deprivation of the right to suffrage; and disqualification to hold public office.
Laudiangco, however, reminded agency parties that this merely extends to the emergency measure of sale and release of buffer stocks by the DA and the NFA, and eventual resale of such buffer stocks purchased by the LGUs to its constituents.
“This should not, in any way, be an avenue for partisan political activity of any form 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 added.