There is no need for the National Food Authority (NFA) to secure an exemption from the election spending ban to sell rice to local government units (LGUs) amid the declaration of a food security emergency in the country, the Commission on Elections (Comelec) said Tuesday.
However, the Comelec clarified that LGUs are required to request the spending ban exemption if they are going to use the rice for subsidy (ayuda) or for reselling at a subsidized rate, saying these actions are deemed part of social services.
“Hindi na kinakailangan humingi ng Department of Agriculture ng exemption sa Comelec para makapagbenta ng murang bigas sa ating LGUs…Base sa aming pag-aaral, hindi yan social services,” Comelec chairperson George Erwin Garcia said.
(The DA doesn’t need to secure an exemption to sell rice to LGUs because based on our study, it is not part of the social services.)
“Ang mga LGUs na mamimigay ng libreng bigas pagkatapos mamili ng murang bigas sa NFA o mas mura kaysa sa pagkakabili nila…ay kinakailangan na mag-secure ng exemption…’Yan ay lalabas ng social service at kailangan na ng exemption sa Comelec. Otherwise, pwede makasuhan ang official ng LGU o kung kumakandidato, maaari silang ma-disqualify,” he added.
(However, if the LGU used the rice they bought to the NFA for ayuda or subsidized rice products then that is social service. Therefore, exemptions are needed
In February, the DA wrote to the Comelec to clarify whether or not the actions of the NFA to sell rice to LGUs can be considered a violation of Section 261 (v) (1) of the Omnibus Election Code (OEC).
The poll body answered in the negative.
“In the prohibition covering social welfare and services projects, the Resolution refers to Social Services as the services rendered by the government to provide aid, support, or assistance to the disadvantaged, distressed or vulnerable persons or sectors of society. In other words, these are programs intended to help and improve the life and livelihoods of the residents in the locality,” the Comelec said in its response to the DA.
“In addition, we stress that the programs that the Department of Social Welfare and Development and its local offices could undertake are considered under the basic social welfare services. Based on the foregoing definition, it appears that NFA's selling of rice to LGUs does not fall within the ambit of the prohibition in Section 261,” it added.
Section 261 (v) (1) of the Omnibus Election Code prohibits public officials, employees, including barangay officials and government-owned or controlled corporations, from releasing, disbursing, or expending public funds for public works within 45 days before a regular election and 30 days before a special election—except for maintenance of existing or completed public works projects, work undertaken by contract through public bidding, and emergency work.
Under Comelec Resolution No. 11060, a certificate of exemption is needed to implement activities and programs on social welfare projects and services while the public spending ban is in effect from March 28 to May 11, 2025.
“Hindi po kami balakid para sa mas murang bigas. Ang importante lang hindi maabuso o mata-take advantage ang pamimigay ng bigas o mas murang bigas para lang i-promote ang kandidatura ng isang kandidato,” said Garcia.
(We do not intend to block the selling of cheaper rice. What’s important for us if for the rice products to not be taken advantage to campaign for a candidate.) — BM, GMA Integrated News
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