REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF BUDGET AND MANAGEMENT

DMS Reference No: 2021-LS-0077196

August 3, 2021

MEMORANDUM

For : All DBM Officials Concerned

From : The Director, LS

SUBJECT : PROHIBITED ACTIVITIES IN CONNECTION WITH THE

CONDUCT OF THE MAY 9, 2022 NATIONAL AND LOCAL
ELECTIONS

1.0 In connection with the conduct of the May 9, 2022 National and Local
Elections, please be advised of the following prohibited activities under
Batas Pambansa Bilang (BP Blg.) 881,1 as amended by Republic Act (RA)
No. 7166,2 and implemented by Commission on Elections (COMELEC)
Resolution No. 106953 promulgated on February 10, 2021:

1.1 Those relating to release, disbursement and expenditures of public

funds:

PROHIBITION EXEMPTIONS
Releases, disbursements or 1. Public Works
expenditures of public funds for
any and all kinds of public works, 1.1 Maintenance of existing and/or
social projects and housing-related complete public works where no additional
projects as well as issuance of laborers are employed for the period
treasury warrants or any device covering March 25, 2022 to May 8,
undertaking future delivery of 2022;
money, goods, or other things of
value chargeable against public 1.2 Works undertaken by contract through
funds for the period covering public bidding or by negotiated contract
March 25, 2022 to May 8, awarded before March 25, 2022;
2022. (Section 261[v]4 and [w],5
BP Blg. 881)

1
Omnibus Election Code of the Philippines
2
An Act Providing for Synchronized National and Local Elections and for Electoral Reforms
3
In the Matter of Prescribing the Calendar of Activities and Periods of Certain Prohibited Acts in Connection with
the May 9, 2022 National and Local Elections.
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(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: xxx
5
(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
 1.3 Preparatory works. Payment for the
usual cost of procedures preparatory to
construction and all incidental expenses for
wages of laborers for such work before
March 25, 2022 provided that the
number of employees shall not be
increased over the number of laborers
hired when the project was commenced;

1.4 Emergency works necessitated by

public calamity but limited to the
restoration of the damaged facility;
1.5 Ongoing projects commenced before
the campaign period and is listed as
authorized public works or project by the
COMELEC; and
1.6 Projects under foreign agreements or
ongoing foreign-assisted projects which
are included to be submitted to the
COMELEC.

2. Social projects
2.1 Personnel Service expenses;
[inserted space]
2.2 Routine and normal expenses; and
[inserted space]
2.3 Expenses related to social projects
authorized by COMELEC after due notice
and hearing.

3. Housing-related projects
3.1 Personnel Service expenses;
[inserted space]
3.2 Other necessary administrative
expenses; and
[inserted space]
3.3 COMELEC exemptions related to
housing projects granted after due notice
and hearing.

1.2 Others:

PROHIBITION EXEMPTIONS
1. Transfer or movement of 1. Upon prior approval from COMELEC.
officers and employees in the civil (Section 261[h] BP Blg. 881)
service for the period covering
January 9, 2022 to June 8,
2022. (Section 261[h],6 BP Blg.
881)

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.
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(h) Transfer of officers and employees in the civil service. – Any public official who makes or causes any transfer
or detail whatever of any officer or employee in the civil service including public school teachers, within the election period
except upon prior approval of the Commission.

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 2. Appointment or hiring of new 2. Appointment in case of urgent need and
employees, creation or filling up of hiring of new employees which is essential
new positions; promotions or to the proper functioning of the office or
giving of increase in salary or agency as determined by the COMELEC
renumeration or privilege for the (Section 261[g], BP Blg. 881)
period covering March 25, 2022
to May 8, 2022. (Section 261[g], 7
BP Blg. 881)

3. Suspension of local elective 3. Suspension of local elective officials with

officials for the period covering the approval of COMELEC or when the
January 9, 2022 to June 8, suspension of the elective official is for the
2022. (Section 261[x],8 BP Blg. purpose of applying the Anti-Graft and
881) Corrupt Practices Act (Section 261[x], BP
Blg. 881)

4. Giving donations or gift in cash 4. Normal and customary religious dues or

or in kind, etc for the period contributions, such as religious stipends,
covering February 8, 2022 to tithes or collections on Sundays or other
May 9, 2022. (Section 104,9 BP designated collection days, as well as
Blg. 881) periodic payments for legitimate
scholarships established and school
contributions habitually made before the
prohibited period. (Section 104, BP Blg.
881)

5. Bearing, carrying or transporting 5. Authorization from COMELEC (Section

firearms or other deadly weapons 32, RA No. 7166)
for the period covering the period
January 9, 2022 to June 8,
2022. (Section 32,10 RA No. 7166)

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(g) Appointment of new employees, creation of new position, promotion, or giving salary increases. - During the
period of forty-five days before a regular election and thirty days before a special election,
(1) any head, official or appointing officer of a government office, agency or instrumentality, whether national or local,
including government-owned or controlled corporations, who appoints or hires any new employee, whether provisional,
temporary or casual, or creates and fills any new position, except upon prior authority of the Commission. The Commission
shall not grant the authority sought unless, it is satisfied that the position to be filled is essential to the proper functioning
of the office or agency concerned, and that the position shall not be filled in a manner that may influence the election.
As an exception to the foregoing provisions, a new employee may be appointed in case of urgent need: Provided,
however, That notice of the appointment shall be given to the Commission within three days from the date of the
appointment. Any appointment or hiring in violation of this provision shall be null and void.
xxx
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(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.
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Section 104. Prohibited donations by candidates, treasurers of parties or their agents. - No candidate, his or her
spouse or any relative within the second civil degree of consanguinity or affinity, or his campaign manager, agent or
representative shall during the campaign period, on the day before and on the day of the election, directly or indirectly,
make any donation, contribution or gift in cash or in kind, or undertake or contribute to the construction or repair of roads,
bridges, school buses, puericulture centers, medical clinics and hospitals, churches or chapels cement pavements, or any
structure for public use or for the use of any religious or civic organization: Provided, That normal and customary religious
dues or contributions, such as religious stipends, tithes or collections on Sundays or other designated collection days, as
well as periodic payments for legitimate scholarships established and school contributions habitually made before the
prohibited period, are excluded from the prohibition.
xxx
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Section 32. Who May Bear Firearms. - During the election period, no person shall bear, carry or transport firearms
or other deadly weapons in public places, including any building, street, park, private vehicle or public conveyance, even if
licensed to possess or carry the same, unless authorized in writing by the Commission. The issuance of firearms licenses
shall be suspended during the election period.

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 6. Use of security personnel or 6. Written authority from COMELEC
bodyguards by candidates for the (Section 33, RA No. 7166)
period covering January 9, 2022
to June 8, 2022. (Section 33, 11
RA No. 7166)

2.0 As a precautionary measure, we recommend that all release documents to

be issued during the election ban must contain a collatilla, to wit:

Notwithstanding this issuance, disbursement or expenditures of funds

by department or agencies shall be subject to the provisions embodied
in the Omnibus Election Code and other pertinent laws, rules and
regulations.

3.0 The DBM should also require the following documents prior to any release
of funds covering exempt works or projects:

EXEMPT WORKS/PROJECTS DOCUMENTARY REQUIREMENTS

A. Public Works A. Sworn certification from the head of the
department or agency that said public works,
1. Maintenance works; social project or housing-related project is
exempt under Section 261(v)(1) 12 of BP Blg.
2. Works undertaken by contract 881.
through public bidding held or by B. Written proof that said public works, social
negotiated contract awarded before project or housing-related project is included
March 25, 2022; in the list of authorized projects required to be
submitted to the COMELEC as provided in the
last paragraph13 of 261(v)(1) of BP Blg. 881.

Only regular members or officers of the Philippine National Police, the Armed Forces of the Philippines and other
enforcement agencies of the Government who are duly deputized in writing by the Commission for election duty may be
authorized to carry and possess firearms during the election period: Provided, That, when in the possession of firearms, the
deputized law enforcement officer must be: (a) in full uniform showing clearly and legibly his name, rank and serial number
which shall remain visible at all times; and (b) in the actual performance of his election duty in the specific area designated
by the Commission.
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Section 33. Security Personnel and Bodyguards. - During the election period, no candidate for public office,
including incumbent public officers seeking election to any public office, shall employ, avail himself of or engage the services
of security personnel or bodyguards, whether or not such bodyguards are regular members or officers of the Philippine
National Police, the Armed Forces of the Philippines or other law enforcement agency of the Government: Provided, That,
when circumstances warrant, including but not limited to threats to life and security of a candidate, he may be assigned by
the Commission, upon due application, regular members of the Philippine National Police, the Armed Forces of the Philippines
or other law enforcement agency who shall provide him security for the duration of the election period. The officers assigned
for security duty to a candidate shall be subject to the same requirement as to wearing of uniforms prescribed in the
immediately preceding section unless exempted in writing by the Commission
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(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.
13
(1) Any and all kinds of public works, except the following:
xxx

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 3. Preparatory works;

4. Emergency work in case of

calamity;

5. Ongoing projects; and

6. Similar projects under foreign

agreements.
B. Social Projects

1. Personnel Service expenses;

2. Routine and normal expenses; and

3. Expenses related to social projects

authhorized by COMELEC after due
notice and hearing.

C. Housing-related Projects

1. Personnel Service expenses;

2. Other necessary administrative

expenses; and

3. COMELEC exemptions related to

housing projects granted after due
notice and hearing.

4.0 For your information and guidance, please. Thank you.

Digitally
signed by
Ryan S. Lita
RYAN S. LITA
PJD/RHDR/21-LS-334

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.