Article 38p. 38

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

election, submit to the Commission a complete list of all

members

thereof

with

such

particulars

as

the

Commission may require.

(v)

Prohibition

against

release,

disbursement

or

expenditure of public funds. — Any public official or

employee

including

barangay

officials

and

those of

government-owned or controlled corporations and their

subsidiaries, who, during forty-five days before a regular

election and thirty days before a special election, releases,

disburses or expends any public funds for:

(1) Any and all kinds of public works, except the

following:

(a) 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

the beginning of the forty-five day period before election

day

shall

be

permitted

to

work

during

such time:

Provided, further, That no additional laborers shall be

employed for maintenance work within the said period of

forty-five days;

(b) Work undertaken by contract through public

bidding held, or by negotiated contract awarded, before

the forty-five day period before election: Provided, That

work for the purpose of this section undertaken under

the so-called "takay" or "paquiao" system shall not be

considered as work by contract;

(c) 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 the

beginning of such period: Provided, That the number of

such laborers shall not be increased over the number

hired when the project or projects were commenced; and

(d) 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 days before

the date of election to laborers who have rendered

services in projects or works except those falling under

subparagraphs (a), (b), (c), and (d), of this paragraph.

This prohibition shall not apply to ongoing public

works projects commenced before the campaign 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 being

undertaken by them.

(2) The Ministry of Social Services and Development

and

any

other

office

in

other

ministries

of

the

government performing functions similar to said ministry,

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

ministries and offices of other ministries shall be turned

over

to,

and

administered

and

disbursed

by,

the

Philippine National Red Cross, subject to the supervision

of the Commission on Audit or its representatives, and no

candidate or his or her spouse or member of his family

within the second civil degree of affinity or consanguinity

shall participate, directly or indirectly, in the distribution

of any relief or other goods to the victims of the calamity

or disaster; and

(3) The Ministry of Human Settlements and any other

office

in

any

other

ministry

of

the

government

performing functions similar to said ministry, except for

salaries

of

personnel

and

for

such

other

necessary

administrative or other expenses as the Commission may

authorize after due notice and hearing.

(w) Prohibition against construction of public works,

delivery of materials for public works and issuance of

treasury warrants and similar devices. — During the

period of forty-five days preceding a regular election and

thirty days before a special election, any person who (a)

undertakes the construction of any public works, except

for

projects

or

works

exempted

in

the

preceding

paragraph; or (b) issues, uses or avails of treasury warrants

or any device undertaking future delivery of money,

goods or other things of value chargeable against public

funds.

(x) Suspension of elective provincial, city, municipal or

barangay officer. — The provisions of law to the contrary

notwithstanding during the election period, any public

official who suspends, without prior approval of the

Commission, any elective provincial, city, municipal or

barangay

officer,

unless

said suspension will be for

purposes

of

applying

the

"Anti-Graft

and

Corrupt

Practices Act" in relation to the suspension and removal

of elective officials; in which case the provisions of this

section shall be inapplicable.

(y) On Registration of Voters:

(1) Any person who, having all the qualifications and

none of the disqualifications of a voter, fails without

justifiable excuse to register as a voter in an election,

plebiscite or referendum in which he is qualified to vote.

(2) Any person who knowingly makes any false or

untruthful statement relative to any of the data or

information required in the application for registration.

(3) Any person who deliberately imprints or causes

the imprinting of blurred or indistinct fingerprints on any

of the copies of the application for registration or on the

voter's

affidavit;

or

any

person

in

charge

of

the

registration

of

voters

who

deliberately

or

through

negligence, causes or allows the imprinting of blurred or

indistinct fingerprints on any of the aforementioned

registration forms, or any person who tampers with the

fingerprints in said registration records.

(4) Any member of the board of election inspectors

who approves any application which on its face shows

that the applicant does not possess all the qualifications

prescribed by law for a voter; or who disapproves any

application which on its face shows that the applicant

possesses all such qualifications.

(5) Any person who, being a registered voter, registers

anew without filing an application for cancellation of his

previous registration.

(6)

Any person who registers in substitution for

another whether with or without the latter's knowledge

or consent.

(7) Any person who tampers with or changes without

authority any data or entry in any voter's application for

registration.

(8)

Any

person

who

delays, hinders or obstruct

another from registering.

(9) Any person who falsely certifies or identifies

another as a bona fide resident of a particular place or

locality for the purpose of securing the latter's registration

as a voter.

(10) Any person who uses the voter's affidavit of

another for the purpose of voting, whether or not he

actually succeeds in voting.

(11) Any person who places, inserts or otherwise

includes, as approved application for registration in the

book of voters or in the provincial or national central files

of registered voters, the application of any fictitious voter

or

any

application

that

has not been approved; or

removes from, or otherwise takes out of the book of

voters

or

the

provincial

or

national

central

files of

registered voters any duly approved voter's application,

except upon lawful order of the Commission, or of a

competent court or after proper cancellation as provided

in Sections 122, 123, 124 and 125 hereof.

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