The Commission on Elections (COMELEC) received a request from Secretary Rex T. Gatchalian of the Department of Social Welfare and Development (DSWD) for an exemption from Section 261(v) of the Omnibus Election Code for various social welfare programs related to the upcoming May 12, 2025 elections. The Law Department recommends approval of this request with specific conditions to ensure it does not influence the election process or involve certain forms of assistance during the election period. The Chairman of COMELEC, Kerwin M. Garcia, has approved the recommendation with the outlined stipulations.
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Request For Exemption DSWD
The Commission on Elections (COMELEC) received a request from Secretary Rex T. Gatchalian of the Department of Social Welfare and Development (DSWD) for an exemption from Section 261(v) of the Omnibus Election Code for various social welfare programs related to the upcoming May 12, 2025 elections. The Law Department recommends approval of this request with specific conditions to ensure it does not influence the election process or involve certain forms of assistance during the election period. The Chairman of COMELEC, Kerwin M. Garcia, has approved the recommendation with the outlined stipulations.
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Republic of the Philippines
COMMISSION ON ELECTIONS
Intramuros, Manila
LAW DEPARTMENT
Memoranpum wo, 25-010 80
FOR : CHAIRMAN GEORGE ERWIN M. GARCIA
REQUEST FOR EXEMPTION FROM THE PROVISIONS OF
SUBJECT
SECTION 261 (V) OF THE OMNIBUS ELECTION CODE IN
RELATION TO COMELEC RESOLUTION NO. 11060, AS
AMENDED
DATE : FEBRUARY 20, 2025
2025 letter of Secretary Rex T. Gatchalian,
with attached Request for
vices
This pertains to the January 16,
Department of Social Welfare and Development (DSWD),
Exemption for Social Welfare and Services Projects DSWD Promotive and Protective Sei
Programs, Projects and Activities, addressed to Chairman George Erwin M. Garcia, this
Commission, copy furnished this Department on January 17, 2025. The letter requests for
exemption from the provision of Section 261(v) of the Omnibus Election Code (OEC),
implemented by Resolution No. 11060,1 as amended by Resolution No. 111187 for
purposes of the 12 May 2025 National and Local Elections.
The request covers the exemption of the following:
Tie Sa
ve egctig Peridot Guna | pommtet
ileal’ | ggesfSicu | tmpecniaon | "Tt pibenement
Taga RO Ae] TOO
T Sastinanle DSWD ~ SUP_RPNO
Liveidiood Program | Cental Ofc (CO) and Al)
Su) |Reponal Feld Ofhces
opportunities tat stcrease the
productivity of the hveinod
[Esets of poor, vulnerabie ar
Regional Progam
[Management Offce| marginalized communities,
GEMOS). including
BARN; Regions NCR. 1
aR |
ICALABARZON,
MIMAROPA, V, Vi VIL
I 1X, XL XILCARAGA
Servi tor — [DSWD = Central Office (CO) DSWD har teen providing) —PrpSiSAe7 525
esndonal and and Repona Teld Offies|March28-May 11 ]resdential cae services) See RexT.
centertaned Chen's (FO) NER, CAR Th ML] 2025 |dsadvantaged and vulnerable Ccactalian,
sectors and taining and DSWD.
eiabltation for persone ‘ith
Jisabies through the
esilshment of Ks centers an
restdenal care faites
{Supplementary | DAWD- Central Othe (CO) ISEF wake Deparenents] Pap LAW AST STAR
Feeding Program and All Regjonal eld [ontibution to Republic Act
(SI) |Otices FO) including 11037 otherwise known as the
ARMM, Regions NCR, 1 Masustarsyang Faphat par |
CAR, sa Batang, Pino Act. The) |
ICALABARZON, amount "appropriated her
IMIMAROPA, V, Vie VIL shall be abe to implement
VI XX, XI XL CARAGA, Supplemental Feeding Program| l
Tus nla Pon ye ke Dibner Sv a Hong i on a
eh ean Star Doves Unde Stine 28 ()
Ani Pret Hans
At aan Le 4c ston No. se Pas nd esto ron Nai! ees, barat rin of
Supplement Xsan oO ed Pop an santo eau Waa a slr Devices Us Stn 61a (the Obes Eon Cee
ane ey D5 Nanonal nd Lava Bests ah HARM Paranentry tons
Page | |Toe undernourished children
ges tree (3) five (5) enol
In LGU-run Child Development|
Centers (CDCS), those ages two}
2) to four (4) enoled_ in
Supervised Neighborhood Flay
GNP) and those five (5) years
old not envlled in DepED
kindergarten but enrolled in
ICC or SNP. The feding
Program includes the provision
of fortified meals such a8 hot
mesic milk. supplementation,
ready to-at/cook foods, and
wtaminereiched bread
ncaing,nutrbun, five days a
week for 120 days.
"TS Tension br | DBWD= Cental Otice CO) Fihe DSWD social penton ® a] Php 137170830074
Inligent Senior and All Reponsl Held monthly stipend fr poor
Gizens——Orfces (FO) Regional Flipinos over the age of 0 who|
[Program Management quality for, amitance. Th
Jorice (RPMOs) including Benet is designed to help them
BAREM: Regions NCR, meet thet base neds, suchas
can rod, shelter clthing, and]
JCALABARZON, medicine, Republic Act 994,
MIMAROPA, V, VI, vi Jaherwise Known at the
vi. xL IL CARAGA Expanded Senior Cizene Aco
[a0 as amended, provides
indigent senior cizens vith a
monthiy stipend. 10. augment
thei daily subsistence and ter
medica ends,
5 Pronecve Servis | DSWD ~ Cena Otice CO) This» program ofthe DSWD] — Php5a0000000,
forindivduals& {and All Regional Bel that focuses on proving
Famiesin | Otices (FO), Repos NCR | etervention to individuals an
specially Difcut fLCAR, IL families 9 a dificult and
CGreunstarces-_|CALABARZON, vulnerable situation
PROPER” /MMMAROPA, V, vi, vi
Vi XL XI CARAGA
March 28- May 1,
m5
“Recovery and [DSWD = Central Office (0) The Recovery and Reinegraton | — Pap 1 200000
Reintegration and) All Regional Held Program for Trlfeked Peers
‘Program fr [Oties (FO; Regions NCR, sa comprehensive program at
Tracked Persons | CAR. ensures adequate recovery and
ICALABARZON, integration services. provided
IMIMAROPA, V, Vi VIL totraicked persons I wlizs a
nD XXL MIL CARAGA| ul-sectoal approach, delivers
5 compete package of services|
tbat will enhance
peychenol, scala
economic nes the clint
7 Aesiarce [BSWOs ——Compecherave] Tap 12995500
Persons with Program for Persons wth
Disb Senor bites (ews) «program
‘Ctaene tat provides social protection
and actance to PDs in orer
to inprove their quality o ie
Vi 1X, XL I, CARAGA [This alo includes assistance to
senior Cuzens who aren eed
The Program includes serves
ouch as\ medical and fancal
esstance, based rehabilitation
fyada wa Kapow [DSWD Central Oe (CO ibe Ayuda sa Kapos ang Kea] Pip LAW A0000000
tang kita Progam |and All Regional Feld
(AKAP) | Otfices (FO Regions NCR,
IMIMAROPA, V, Vie VI
Vi D.X, XL XI, CARAGA
(AKAP) Program 1s 2 tly
ntiaive ofthe" Philppie|
government to assist the nei
Poor Segment of he popula
to. the conomi
iiculies of Fipinos eaming|
minimum wages
See RexT.
Gatchain,
Page | 2TAWA and HINT] DRWD = Cental Oe CO) program alma enhance the] Pap SBA 7BAI
Troe (veal (and AIl_Reqlonl Field adaptive capacty of
[Asap to Wate OMe (FO); Fepons NCR impovershed and vulrrabe
Aecesteeaking |, CAR TL TL amas to scioenvronmental
Troatficeney |CALABARZON, ak through Cash Tring
through Nutritous |MIMAROPA, V, ML, VIL end Work with a spc foes
invest forthe VI, DGX.XL XI, CARAGA Food Security and. Water
Tepovershed) Sarin Interventions
TL RAVATCIDRE | DSWD = Cea Oe CO) Fa power evn] — Pip STI
KB for Community [and "re rowan of the Philippine
Drvenand [Once FO; Repons NCR, Goverment that addresses the
Devdapment(eDD | CAR, MM poverty malig. dimensions
rojo Cash or CALABARZON, roe supporting
Mon (FN) [MIVAROPA, V. VL. VIL Comuity-Orven and
ogame. |VIILIXX XUXILCARAGA| Development projects and Cash
oe Work (CF) programs
Sec Rex
TE Papin — [DSWD = Navona Program Lae NF ORE ow] PP TIS | Shar
CT [Magee Cae Court] Match28-May 1 lprense the ubizaion of # ve
Niutrtion Project | Office (NPMO-CO) ~ and| 2025 | package of nutriton-specifc and
TUN) |Replonal eldOxbces FO) Feet seatve interventions
CALABARZON, end improve key health
MAROPA. V, Vi. MIL fehavous taown fo reduce
ine xe x xh XI raring in targeted ions
JCARAGA. NIK
5 Lang at Tubig[DSWD- Cental Ofice and] rhe TITAW Program eka vo] Php 10,000,00000
[Assotance Wellare |All Regional Fel! Offices] support families displaced by|
uTAW) vide [calamities through government
assistance fr paying for basic
futiies suchas elec
internet, and water during, |
said calamities. The program|
otfers comprehensive solution
tothe challenges faced by|
lalsasterstricken families ard]
Jensures that the most critical
nce, suchas let
internet access lan water and|
direct welfare assistance, are
Jowifly "addressed, allowing
families 1 regain a sense of
normalcy duning the recovery
period afer the uid calamity.
IN VIEW OF THE FOREGOING, the Law Department RECOMMENDS the
‘APPROVAL of the request for exemption of Secretary Rex T. Gatchalian, DSWD,
provided:
1) that the exemption is prospective in application;
2) that it shall not in any manner influence the conduct of the 12 May 2025
National and Local Elections;
3) it shall not involve the distribution of Ayuda, TUPAD, AKAP, AICS and 4Ps
from 02 May 2025 (Friday) to 12 May 2025 (Monday) except medical and
burial assistances which are normally given to qualified individuals;
4) _ elective officials and/or candidates/aspirants shall not be present during the
distribution of Ayuda, TUPAD, AKAP, AICS and 4Ps in whatever nature or
form;
5) that the requesting party, including its personnel and partners, shall strictly
and faithfully observe the guidelines submitted to COMELEC;
Page |36) that the requesting party shall undertake to submit a periodic written report
of the disbursements made pursuant to this grant of exemption to the Office
of the Regional Election Director concerned; and
7) that the issuance of a Certificate of Exemption shall not prevent the conduct
‘of preliminary investigation in cases where the prohibited acts as described
Section 261(0) of the OEC occur.
Respectfully submitted.
ATTY. SITTIE M/ |A GL. TAWAGON
Vf
By virtue of the authority granted upon me under COMELEC Resolution No.
111060, as amended, the recommendation of the Law Department is hereby APPROVED.
KERWIN M. GARCIA.
Chairman
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Page | 4
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