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Comelec grants exemption for 28 DSWD programs, including controversial AKAP, from election spending ban

The Commission on Elections (Comelec) has granted an exemption for 28 social welfare programs of the Department of Social Welfare and Development (DSWD) from the election spending ban in preparation for the May 2025 midterm elections. This includes the highly debated Ayuda Para sa Kapos ang Kita Program (AKAP), with an exempted amount of ₱882,974,163.33.

In a memorandum issued on Wednesday, January 8, the Comelec approved the DSWD’s request to exempt these 28 programs from Section 261 (v)(2) of the Omnibus Election Code (OEC). This provision typically prohibits the “release, disbursement, or expenditure of public funds” for public works, 45 days prior to a regular election and 30 days before a special election, unless exempted.

Comelec Resolution 11060 stipulates that a certificate of exemption is required for the implementation of social welfare programs and activities during the election spending ban period, which will run from March 28 to May 11, 2025.

In December 2023, the Comelec similarly granted exemptions to the Department of Labor and Employment (DOLE) for certain programs, as well as issued certificates for 48 infrastructure projects related to the upcoming elections.

One of the most contentious programs included in the exemption is the AKAP, which has drawn scrutiny due to its ₱26-billion funding retained by President Bongbong Marcos in the 2025 national budget. Members of Congress had previously raised concerns about the funding for AKAP, citing potential electioneering implications.

With the Comelec’s approval, the DSWD will be allowed to continue implementing these social welfare initiatives during the election period, subject to further requirements and guidelines set by the Commission.

Staff Report

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