The country’s 17,888 elective officials, including party-list representatives, have only a little over two months or exactly 72 days left from today to finish the projects before the start of the public works ban  which the Commission on Elections(Comelec) said it will strictly enforce to avert the use of public funds to influence the results of the May 10, 2010 fully utomated polls.

The Comelec, led by Chairman Jose A.R. Melo, said that as provided in Section 261 of Batas Pambansa Blg. 881 or the Omnibus Election Code, the construction of public works, delivery of materials for public works and issuance of treasury warrants or similar devices for a future undertaking chargeable against public funds will be strictly prohibited starting on March 26 up to May 10, 2010.

The prohibition is also provided in Comelec en banc Resolution No. 8646 entitled “Calendar of Activities and Periods of Prohibited Acts in Connection with the May 10, 2010 National and Local Elections” which was signed by Melo and Commissioners Rene V. Sarmiento, Nicodemo T. Ferrer, Lucenito N.Tagle, Armando C. Velasco, Elias R. Yusoph and Gregorio Y. Larrazabal.

Under Batas Pambansa Blg. 881, violation of a Comelec resolution constitutes an election offense punishable with imprisonment of not less than one year but not more than six years and shall not be subject to probation.

In addition, the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage, it was pointed out.

The prohibition covers any and all kinds of public works. It means that starting on March 26, 2010, no public official or employee including barangay officials and those of government-owned or controlled corporations and their subsidiaries shall release, disburse or expend any public funds for any and all kinds of public works.

The only exception to the prohibition are the maintenance of existing and/or completed public works projects, work undertaken by contract through public bidding held, or by negotiated contract awarded before the start of the 45-day period before election, payment for the usual cost of preparations for working drawings, specification, bills of materials, estimates, and other procedures preparatory to actual construction, emergency work necessitated by the occurrence of public calamity.

Also exempted from the prohibition are ongoing public works projects commenced before the start of the campaign period or similar projects under foreign agreements. For this purpose, it is the duty of government officials or agencies concerned to report to the Comelec the list of all such projects being undertaken by them.