TO |
: |
THE PRESIDENT/CEO/ADMINISTRATORS
GENERAL MANAGER OF GOCCS
ALL HEADS OF LEGAL DEPARTMENT OF GOCCs
|
| FROM |
: |
ATTY. AGNES VST DEVANADERA
GOVERNMENT CORPORATE COUNSEL |
| RE |
: |
PUBLIC WORKS BAN RELATIVE
TO 2007 ELECTIONS |
| DATE |
: |
29 JANUARY 2007 |
__________________________________________________________________
Following are proposed guidelines for GOCCs relative to the ban on public works projects during the 2007 synchronized elections.
Law and Comelec Resolution No. 7785
Section 261, subsections (v) and (w) of the Omnibus Election Code (Code) enjoins government owned or controlled corporations and their subsidiaries from releasing, disbursing or expending public funds for any and all kinds of public works from March 30 to May 14, 2007.
However, the public works ban is not absolute. Two exceptions (out of four) relate to (1) maintenance of existing and/ or completed public works projects, and (2) public works to be undertaken by contract which were awarded through public bidding before the 45-day period.
Comelec Resolution No. 7785 issued on 18 December 2006 mirrors the text of the Code. Attached is a copy of the Resolution.
Duration of the Ban
The ban is for 45 days only (i.e., March 30 to May 14, 2007).
Submissions to Comelec
Section 3 of Resolution No. 7785 requires the Secretary of Public Works and Highways and local chief executives to submit, on or before March 22, 2007, to the Comelec thru the Regional Election Directors/ Provincial Election Supervisors/ Election Officers concerned certified lists of:
(a) all on-going public works projects commenced before March 30, 2007;
(b) similar projects under foreign agreements; and
(c) all public works undertaken by contract through public bidding held, or by negotiated contract awarded before March 30, 2007 together with a copy of each of said contracts.
If after March 22, 2007, there are public works projects commenced or awarded before March 30, 2007, a supplemental certified list shall be submitted.
While heads of government-owned or controlled corporations and their subsidiaries were not included in Section 3 of Resolution M. 7785 as among those directed to submit the required certified lists, it is reasonably evident that GOCCs are covered by the public works ban as well.
Recommendations
Based on the foregoing, it is recommended that:
1. All government owned or controlled corporations and government corporate entities comply with the submission requirements set forth under the Code and Resolution No. 7785,
2. All projects should be classified/ listed per Region/ Province/ City-Municipality,
3. The Head of the GOCC/government corporate entity or any responsible officer should certify the list,
4. The list together with the contracts should be submitted on or before 22 March 2007 to the Comelec Field Offices, and
5. The following matrix be used
