Comelec: NFA rice sales to LGUs exempt from election spending ban

Comelec headquarters in Intramuros, Manila. INQUIRER FILES

MANILA, Philippines — The Commission on Elections (Comelec) has approved the Department of Agriculture’s (DA) request to exempt the sale of National Food Authority (NFA) rice to local government units (LGUs) from the spending ban for the May 2025 midterm elections.

In a memorandum signed by Comelec Chair George Erwin Garcia and released to reporters on Sunday, the poll body’s law department said that the NFA’s sale of rice to LGUs does not fall under the spending restrictions outlined in Section 261 (v) of the Omnibus Election Code.

The provision prohibits the disbursement of public funds for social welfare and services projects during the election period.

However, Comelec clarified that such projects are defined as government initiatives aimed at assisting disadvantaged or vulnerable sectors of society.

“In other words, these are programs intended to help and improve the life and livelihoods of the residents in the locality,” it said.

“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 (v),” it added.

READ: DA starts releasing NFA rice to dampen prices

The Comelec explained that while the sale of rice is not restricted, LGUs may be subject to the prohibition if they use public funds to purchase rice within 45 days before election day either distribute it as aid to vulnerable sectors or sell it at a subsidized rate.

In such cases, the transaction would be considered a social welfare expenditure, which is generally prohibited unless exempted under Comelec Resolution No. 11060, the poll body added.

Comelec also reminded the NFA and LGUs that under Section 261 (v), issuing or using treasury warrants and similar financial instruments for future payments using public funds is prohibited.

“Being absolutely prohibited from March 28, 2025, to May 11, 2025, no exemption may be given by the Commission to any request covering the issuance, use, or availment of treasury warrants or any device undertaking future delivery of money, goods, or other things of value chargeable against public funds,” the poll body added.

READ: Comelec: 28 DSWD programs exempted from poll spending ban

The Comelec previously granted an exemption to 28 programs of the Department of Social Welfare and Development (DWSD) from the 2025 midterm elections’ spending ban, provided they adhere to three additional conditions for strict compliance.

Among the exempted programs are the Pantawid Pamilyang Pilipino Program, Ayuda sa Kapos ang Kita Program, and Assistance to Individuals in Crisis Situation.

Garcia emphasized that the DSWD must strictly follow the three provisions outlined in the memorandum:

• No candidates or politicians during the distribution of ayuda in whatever nature or form.
• Furnish the Comelec of the guidelines committed by the DSWD in its public announcements.
• Faithful observance of these guidelines by the DSWD and its personnel and partners.