Political Finance and Affairs Department

Salient Features of
COMELEC Reso No.
11078
January 31, 2025
Manila, Metro Manila
Key Aspects
Laws,
Rules
and Regulations
Public
Works
Ban

Sanctions

Certificate of
Exceptions
Laws, Rules and
Regulations
Laws, Rules and
Regulations
Laws, Rules and
Regulations
Laws, Rules and
Regulations
Laws, Rules and
Regulations
Laws, Rules and
Regulations
Laws, Rules and
Regulations
 General Principles
Public Works a.k.a Infrastructure Projects

Any building or structure on land or to structures built by

the Government for public use and paid for by public funds. It
encompasses fixed works constructed for public use or enjoyment
financed ad owned by the Government.

(Sec.1 (1), Rule I of COMELEC Reso. No. 11078)

 General Principles
Public Works a.k.a Infrastructure Projects

It includes the construction, improvement, rehabilitation,

demolition, repair, restoration, or maintenance of roads and bridges,
railways, airports, seaports, communication facilities, civil works
components of information technology projects, irrigation, flood
control and drainage, water supply, sanitation, sewerage and solid
waste management systems, shore protection, energy/ power and
electrification facilities, national building, school buildings, hospitals
buildings, and other related construction projects of the government.

(Sec.1 (2), Rule I of COMELEC Reso. No. 11078)

General Principles
Social Welfare
1 and Services

Services rendered by the government to

provide aid, support, or assistance to the
disadvantaged, distressed or vulnerable persons or
sectors of society.

(Sec. 1 (d), Rule 1 of COMELEC Reso. No. 11060)

General Principles
Housing
1 Related Projects

Activities or projects undertaken by the

Department of Human Settlements and Urban
Development and any other office of the
government performing functions similar to the
said department .

(Sec. 1 (b) , Rule 1 of COMELEC Reso. No. 11060)

Public Works Ban
(Prohibited Period)
1

30 Days Special Elections

45 Days Regular Elections

Barangay and Sangguniang

10 Days
Kabataan Elections
 Public Works Ban
(Calendar of Activity for 2025 NLE and BPE)
1
Date Activity
March 28, Deadline for the submission of request for
2025 Certificate of Exception on Public Works Ban
March 28, (x) Release, disbursement or expenditures of public
2025 to May funds, except those enumerated in Section 261 (v)
11, 2025 of the OEC
(x) Construction of public works, delivery of
materials for public works except for projects or
works exempted in Section 261 (v) of the OEC, and
issuance of treasury warrants or similar devices.

(x) Issuance of Notice of Award

 Public Works Ban
(Prohibited Act)
Prohibition on 1Release, Disbursement or
Expenditure of Public Funds

General Rule:
No public official or employee, including barangay officials,
and those of Government Owned and Controlled Corporations
(GOCCs) and their subsidiaries shall release, disburse, or expend
any public funds for:
a. any and all kinds of public works;
b. Social welfare projects; and
c. Housing Related Projects

(Sec. 261 (v) of B.P. No. 881)

 1 Except:

Public Works Ban

(Exceptions)
Maintenance of existing and/or completed
public works project

1 Except:

(Sec. 261 (v) (1) (a) of B.P. Blg. 881)

Work undertaken by contract through public bidding
held, or by negotiated contract awarded

1 Except:

(Sec. 261 (v) (1) (b) of B.P. Blg. 881)

Payment for the usual cost of preparation
1 Except:

Basis: (Sec. 261 (v) (1) (c) of B.P. Blg. 881)

Emergency Works
Except:
1

(Sec. 261 (v) (1) (d) of B.P. Blg. 881)

 Public Works Ban
(Prohibited Act)
1
Prohibition Against Construction of Public
Works, Delivery of Materials for Public Works
and Issuance of Treasury Warrants and
Similar Devices

Effective March 28, 2025 until May 11, 2025, no person shall:

a. Undertake the construction of any public works, except for

projects or works exempted in the preceding Section; or

b. Issue, use or avail of treasury warrants or any device

undertaking future delivery of money, goods, or other things of
value chargeable against public funds.
Basis: Section 3, Rule 1 of COMELEC Resolution No. 11078,
in relation to Sec. 261 (w) of B.P. Blg. 881)
 Public Works Ban
(Injunction)
The Department of Budget 1 and Management and the Commission on
Audit, including all its field offices, are hereby enjoined not to release
or authorized the release of any appropriation, or to pass in audit
payment o expenditures of public funds that may directly or indirectly
be used in violation of the prohibitions contained in Section 261,
sub-sections (v) and (w) of the OEC or Section 1 and 2 hereof.
All field offices of the Commission, including4 those of its deputized
agencies and citizens arms, are directed to monitor compliance with the
requirements under Section 6 hereof by the local executive officers in
their respective jurisdictions and submit immediately to the Commission
a written report of any violation of said provisions of the Omnibus
Election Code.

Section 3, Rule V of COMELEC Reso. No. 11078)

 APPLICATION FOR
CERTIFICATE OF
EXCEPTIONS
1

Where:
WHERE
POLITICAL FINANCE AND AFFAIRS
DEPARTMENT

WHEN
4
UNTIL MARCH 28, 2024

HOW ELECTRONIC FILING

 Certificate of Exception
(Documentary Requirements)
1
A. Certified true copy (CTC) of the letter of
Where: acceptance of the public works project; or
B. Certified true copy of the contract covering
Maintenance of the maintenance work being done on the
existing and/or existing/completed public works project; or
completed public C. A notarized or sworn undertaking or
4 hire or employ more
commitment not to allow,
works project than or additional number of
employees/laborers to work during March 28,
2025 to May 11, 2025; and
D. Certificate of completion (if applicable)

(Sec. 3 (a), Rule III of COMELEC Reso. No. 11078)

 Certificate of Exception
(Documentary Requirements)
1

Public works
projects A. CTC of the Notice of Award of
undertaken by contract; or
contract through
B. CTC of the Notice To Proceed (NTP)
public bidding or 4
with the public works project; or
by negotiated
contract awarded C. CTC of the contract agreement

(Sec. 3 (b), Rule III of COMELEC Reso. No. 11078)

 Certificate of Exception
(Documentary Requirements)
1
Where: A. The statement of account, billing or
collection invoice showing amount and date
Payment for the due evidencing the payment required to be
usual cost of released during the period covering the ban;
preparation of and
4
public works
B. Sworn or notarized undertaking or
project xxx commitment not to hire or employ more
laborers than the number of laborers at
commencement date of the project/s.

(Sec. 3 (c), Rule III of COMELEC Reso. No. 11078)

 Certificate of Exception
(Documentary Requirements)
1
A. CTC of the E.O or the Local Sanggunian
Resolution declaring a state of calamity in the
disaster-stricken area; and
B. Documentation showing the scope of the
Where: Works
Emergency emergency work needed, which must be
4
limited to the restoration of the damaged
facility, including but not limited to a copy of
the Local Disaster Risk Reduction and
Management Plan (LDRRMP), Local
Sangguniang Resolution and approved local
budget.
(Sec. 3 (d), Rule III of COMELEC Reso. No. 11078)
Certificate of Exception
(Documentary Requirements)
1

On-going public
works projects A. CTC of the foreign agreement/contract;
Where:
commenced and
before the 4
B. List of works covered by the foreign
campaign period
agreement/contract.
under foreign
agreements

Sec. 3 (e), Rule III of COMELEC Reso. No. 11078)

 Certificate of Exception
(Documentary Requirements)
1

Ongoing public works

A. Documents showing that the project was
projects and other
undertaken by administration (e.g. program
similar projects
Where: of work, purchase order for materials,
commenced before the pakyaw 4agreement); and
campaign period B. Documentation or proof, such as but not
limited to photographs, plans, progress
undertaken or carried
billing, among others, showing that the
out by its own infrastructure project already commenced
personnel of the before the campaign period.
concerned agency
(Sec. 3 (f), Rule III of COMELEC Reso. No. 11078)
 Certificate of Exception
(Excluded)
1
Public-Private Partnership
Salary of laborer
Build-Operate Transfer Projects

Irrigation Projects 4
MOOE

Salaries of Gov’t
Personnel
Certificate of Exception
(Link and Instructions)

4
Certificate of Exception
(Documentary Requirements)
1

Where:
4
Certificate of Exception
(Documentary Requirements)
1

Where:
4
Certificate of Exception
(MS Forms)
1

Where:
4
Certificate of Exception
(MS Forms)
1

Where:
4
Certificate of Exception
(MS Forms)
1

Where:
4
Certificate of Exception
(MS Forms)
1

Where:
4
 Certificate of Exception
1 of Non-Compliance)
(Effects

Where:
Where:
A. Non-Compliance w/
the Rule ❖ Denial
Incomplete/ Exclusion
4 of approved
B.

Incorrect projects
Submission ❖ Revocation
C. Misrepresentation
D. Falsification
How:
 Certificate of Exception
(Limitation of Exception)
1
The issuance of the certificate is exclusive to the requesting
party andWhere:
the projects subject for evaluation.
Any project covered by a certificate and to be implemented by
another government entity or any of its subordinate or
subdivision, the implementing entity need not secure another
authority from the Commission provided that:4

a. The project has the same source of funds;

b. The implementing entity and the project to be implemented
was included and identified in the request for exception;

(Sec. 7, Rule III of COMELEC Reso. No. 11078)

Certificate of Exception
(Opposition)
1
Any interested party
Where:
What

When:
Where 4

How much
Certificate of Exception
(Opposition: Denial)
1
Who Any aggrieved party
Where:
What

When:
4
Where
 Certificate of Exception
(Importance)

Clean, free and Partisan political

honest elections activity
Proof Notice of
Disallowance
Release of funds
4 and corrupt
Graft
Continuous practices
implementation
Criminal prosecution
of project
Transparency
 Certificate of Exception
(Importance)

Clean, free and Partisan political

honest elections activity
Proof Notice of
Disallowance
Release of funds
Graft and corrupt
Continuous practices
implementation
Criminal prosecution
of project
Transparency
Sanction
1

4
Not less than 1
year but not more
than 6 years
 Sanction
Disqualification
1 an action or
Any candidate who, in
protest in which he is a party is declared
by final decision of a competent court
guilty of, or found by the Commission of
having (a) xxx xxx; (b) xxx xxx; (c) xxx
xxx; (d) xxx xxx; or (e) violated any of
Sections 80, 83, 85, 86 and 261,
4
paragraphs d, e, k, v, and cc,
subparagraph 6, shall be disqualified
from continuing as a candidate, or if he
has been elected, from holding the office.
xxx xxx xxx. (Section 68 of B.P. No. 881)
 Contact Information
1
Office: Political Finance and Affairs
Department
Where:
Atty. Efraim Q. Bag-id
Head: Director

GF Sitio Grande
4 Bldg., 409 A.
Address: Soriano Avenue, Intramuros,
Manila

[email protected]; or
Email Address: 2025nle.publicworksban@
comelec.gov.ph