Professional Documents
Culture Documents
A. FINANCIAL AUDIT
1.1 Section 74 of Presidential Decree (PD) No. 1445 states that, “At the close
of each month, depositories shall report to the agency head, in such form
as he may direct, the condition of the agency account standing on their
books. The head of the agency shall see to it that a reconciliation is made
between the balance shown in the reports and the balance found in the
books of the agency.”
1.2 Also, Section 181 (c) of the Government Accounting and Auditing Manual
(GAAM) Volume 1 states that: “the accountable officer shall reconcile the
book balance with the cash on hand daily. He shall foot and close the
books at the end of each month. The accountable officer and the
accountant shall reconcile their books of accounts at least quarterly.”
1.3 Comparison between the accounting’s ledger balances and the treasury’s
cashbook balances for Cash in Bank – Local Currency, Current Account
(LCCA) and Cash – Local Treasury accounts disclosed net discrepancies
amounting to P3.182 million as of December 31, 2020. Summary of
discrepancies is presented in the following table while details shown in
Appendix “B”.
Recommendation:
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a) Identify the discrepancies between the ledger balances and
cashbook balances, and effect the necessary adjustments in their
records to arrive at reconciled balances; and
Management’s Comments:
2.1 Section 29(3) of the 1987 Constitution of the Republic of the Philippines
provides that “Xxx. If the purpose for which a special fund was created has
been fulfilled or abandoned, the balance, if any, shall be transferred to the
general funds of the Government.”
2.3 Section 3.2 of the above Joint Circular defines dormant accounts as the
collections authorized by law to be deposited with an Authorized
Government Depository Bank (AGDBs) but have remained inactive for
more than five (5) years.
2.4 Moreover, Section 2.9.1 of the DBM, DOF and Department of the Interior
and Local Government (DILG) Joint Memorandum Circular (JMC) No. 2
dated December 4, 2020 provides that “All unexpended cash balances of
public funds held in trust by LGUs for purpose that have been completed
or abandoned may be transferred by the LGUs concerned to their
respective general funds and shall be made available for appropriation to
support local government programs and projects in response to the
COVID-19 pandemic.”
2.5 Our verification of the Cash in Bank – LCCA balances as of December 31,
2020 disclosed that the LGU maintains dormant and/or non-moving
accounts, as follows:
Depository Amount
No. Particulars Remarks
Bank (Per Ledger)
1 LBP Pagadian ECCD Program Dormant for over
Branch 69,032.81 10 years
2 LBP Pagadian MDFO/DMAF Dormant for 5
Branch 0.18 years
3 LBP Pagadian Unidentified Non-moving for
Branch (20.00) over 4 years
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Depository Amount
No. Particulars Remarks
Bank (Per Ledger)
4 LBP Pagadian ARCP II & Loan Non-moving for
Branch Equity 906,551.50 over 2 years
5 LBP Pagadian ARCP II & Loan Non-moving for
Branch Proceeds 10,110.01 over 3 years
6 LBP Pagadian PHILHEALTH- Non-moving for
Branch Per Family Patient over 2 years
Rate 23,800.00
7 LBP Pagadian PHILHEALTH- Non-moving for
Branch Health Care Inst. 10,000.00 over 2 years
Total 1,019,474.50
2.6 The existence of the above dormant and non-moving accounts does not
only violate the aforesaid provisions but may also affect the LGUs funding
requirements since these funds could have been reverted to the
unappropriated surplus and made available for appropriation to support
local government programs and projects in response to the COVID-19
pandemic or for other purposes.
Recommendation:
Management’s Comments:
2.8 Management adhered with the audit recommendation, and will seek
authority from the Sangguniang Bayan for the closure of dormant accounts
and transfer to the General Fund.
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3.2 Sections 114 and 124 of COA Circular No. 2002-003 dated June 20, 2002
state:
3.3 As of December 31, 2020, the Inventory and Supply accounts of the LGU
has the following balances:
Balances as of
Account December 31,
2020
Office Supplies Inventory 93,288.69
Accountable Forms, Plates and Stickers 3,300.00
Drugs and Medicines Inventory 838,493.08
Medical, Dental and Laboratory Supplies 477,230.00
Total 1,412,311.77
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Non-observance of the perpetual inventory method in recording
regular purchases of inventories and supplies. The items being
purchased were recorded directly to expense account;
Recommendation:
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c) The Municipal Accountant and the Municipal Treasurer acting as
the General Services Officer prepare and maintain complete
Supply Ledger Cards and Stock Cards, respectively, conduct
periodic reconciliation of their records, and update the same based
on the results of the physical inventory; and
Management’s Comments:
4.1 Section 102 of Presidential Decree (PD) No. 1445 otherwise known as the
Government Auditing Code of the Philippines states that “physical
inventory-taking, being an indispensable procedure for checking the
integrity of property custodianship has to be regularly enforced at least
once a year. All inventory reports shall be prepared and shall be properly
reconciled with accounting and inventory records.”
4.2 Likewise, Section 124 of COA Circular No. 2002-003 dated June 20, 2002
provides:
4.3 Recently, COA Circular No. 2020-006 dated January 31, 2020 was issued
to prescribe the guidelines and procedures in the conduct of physical count
of PPE, the recognition of PPE items found at station, and disposition for
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non-existing/missing PPE items, for the purpose of one-time cleansing of
PPE account balances of government agencies to establish PPE balances
that are verifiable as to existence, condition and accountability. This
Circular is issued for one-time cleansing of PPE account balances; thus, in
no case shall the herein procedures be used to further derecognize non-
existing/missing PPEs and/or cleanse subsequent discrepancies or
unreconciled balances in PPE accounts.
4.5 Records show that the LGU prepared and submitted its Report on the
Physical Count of Property, Plant and Equipment (RPCPPE) as of
December 31, 2020. However, our verification revealed that there is no
actual physical inventory conducted by the constituted Inventory
Committee to determine the existence and condition of the various PPEs
of the LGU. Per inquiry with the concerned personnel of the Office of the
Municipal Accountant, the RPCPPE was prepared by their office based on
their available records. As such, the purpose of conducting actual physical
inventory and the subsequent preparation of the RPCPPE was defeated,
thus, the existence and condition of the PPE items were not determined.
Moreover, the above PPE balances may still include items which are
already unserviceable, which may be subject for disposal and dropping
from the PPE accounts.
4.6 Non-conduct of actual physical count of PPE cast doubt on the accuracy,
existence and condition of the reported PPE account balances in the
financial statements.
4.7 Section 114 of COA Circular No. 2002-003 provides that the Chief
Accountant shall maintain the perpetual inventory records comprising of
Property, Plant and Equipment Ledger Card (PPELC) for each category of
PPE. Such ledger cards shall contain the details of the PPE in the control
account in the general ledger. It provides further that the General Services
Officer or the Municipal Treasurer, as the case maybe shall likewise
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maintain property cards for PPE to account for the receipt and disposition
of the same. The balance per property cards should always reconcile with
the ledger cards of the accounting unit. They should also reconcile with
other property records like Acknowledgement Receipt for Equipment
(ARE).
4.8 Our verification revealed that Property Cards were not prepared and
maintained by the Municipal Treasurer acting as the General Services
Officer. Further verification revealed that the Municipal Accountant
prepared and maintained PPELCs but the same were not complete and
updated.
4.9 We emphasize that part of the fiduciary duty of the head of the agency is to
ensure the safeguarding of the assets of the LGU. This can only be
effectively undertaken if management has control and monitoring
measures of the assets acquired by the agency. Complete PPELCs and
PCs aim to achieve this by providing all useful information in relation to the
assets held. Moreover, to completely monitor all PPEs of the LGU with
regards to its existence and condition, the conduct of physical count of all
assets should be made at least annually.
4.12 Our verification of the LGU’s PPE account balances disclosed that the
Construction in Progress accounts contain balances amounting to P5.883
million which could not be identified and/or verified in the absence of
subsidiary ledgers, supporting schedules and/or detailed breakdowns.
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Recommendation:
Management’s Comments:
4.15 Management commented that Executive Order No. 01-2021 was already
issued on January 06, 2021 for the creation of the Inventory Committee to
conduct the actual physical count of the LGU’s PPEs. Moreover, the
Management has already initiated the purchase of property tags/stickers to
be used during the physical count, and that they will notify the Office of the
Auditor of the schedule for the conduct of the same. Management also
assured compliance with the other audit recommendations.
5.1 Section 4(o) of COA Circular No. 2002-003 dated June 20, 2002 provides:
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5.2 The Circular provides that public infrastructures such as roads, bridges,
water systems, etc. shall be recorded in the Registry of Public
Infrastructure and disclosed in the Notes to Financial Statements. It further
provides that public infrastructures are not charged any depreciation, as
cited above.
5.3 However, COA Resolution No. 2014-003 dated January 24, 2014
prescribed the adoption of 25 Philippine Public Sector Accounting
Standards (PPSASs) effective January 1, 2014 which were based on the
International Public Sector Accounting Standards (IPSASs) published in
the 2012 Handbook of International Public Sector Accounting
Pronouncements of the International Public Sector Accounting Standards
Board. Each IPSAS provides transitional guidelines on the proper
implementation of the IPSASs. With the adoption of IPSASs, particularly
IPSAS 17 – Property, Plant and Equipment (PPE), infrastructure assets
shall be taken up as PPE. Also. the annual consumption of their service
potential and loss of value through depreciation and impairment shall also
be recognized.
5.5 Moreover, COA Circular No. 2015-008 dated November 23, 2015
prescribes the accounting guidelines for local road and road network
system on initial recognition, subsequent measurement and derecognition
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to ensure that all roads are properly valued and recorded, and also the
transitory provisions tor the transfer of the local roads accounts from the
Registry of Public Infrastructures to the books of accounts of the LGU
responsible for the management of these roads.
5.6 Our verification of the LGU’s PPE accounts disclosed that infrastructure
assets including road networks and water supply systems, and other PPE
accounts were not subjected to depreciation, as shown in the table below:
5.7 As can be gleaned from the table above, depreciation expenses for
infrastructure assets including Road Networks and Water Supply Systems
were not set-up despite the adoption of IPSAS 17 as above-cited.
Moreover, other PPE accounts including Land Improvements and Markets
were not subjected to depreciation. The Markets account pertains to the
Guipos Public Market which was completed and accepted on May, 2020,
hence, the same should already be subjected to depreciation
5.8 Non-depreciation of PPE accounts as listed above does not only constitute
non-compliance with the accounting standards, particularly IPSAS 17, but
also affects the fair presentation of accounts in the financial statements.
Particularly, it resulted to the overstatement of the affected asset accounts
and the understatement of the corresponding expense accounts.
Recommendation:
Management’s Comments:
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Unreconciled reciprocal accounts – Due from and Due to Other Funds
6.3 Moreover, COA Circular No. 2015-009 dated December 01, 2015
prescribes the Revised Chart of Accounts for Local Government Units,
which includes, among others, the following account titles and
descriptions:
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Consolidated
Account GF SEF TF
Balance
Due from Other
Funds 10,572,946.31 0.00 2,493,060.58 13,066,006.89
Due to Other
Funds 3,121,364.91 4,494.12 10,987,473.19 14,113,332.22
Discrepancy 1,047,325.33
6.5 The discrepancy between the reciprocal accounts indicate that the
Municipal Accountant did not record the transactions properly in their
respective accounts. As reciprocal accounts, the balances of the Due from
Other Funds and Due to Other Funds must be equal at all times.
Therefore, the accuracy of the affected accounts could not be ascertained,
affecting the fair presentation of accounts in the financial statements.
Recommendation:
Management’s Comments:
7.1 Section 5.1.16 of COA Circular No. 2012-002 dated September 12, 2012
provides that “the amount and details of the unexpended balance of
LDRRMF shall be discussed in the Notes to the Financial Statements. (A
sample of disclosure is in Annex D).”
7.2 Moreover, COA Circular No. 2015-009 dated December 01, 2015
prescribes the Revised Chart of Accounts for Local Government Units,
which includes, among others, the Trust Liability – DRRMF account, as
follows:
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Account Title: Trust Liabilities – Disaster Risk
Reduction and Management Fund
Account Number: 2-04-01-020
Normal Balance: Credit
Description: This account is used to record the receipt
of amounts held in trust for disaster risk
reduction and management fund. Debit
this account for settlement or compliance
of the condition. Subsidiary ledgers shall
be maintained based on source. Unspent
DRRM funds of LGUs from current year
appropriations shall likewise maintain
subsidiary ledger by year.
7.3 Our review of the FS disclosed that the Trust Liabilities – DRRMF account
has a balance of P4.450 million as of December 31, 2020. Further
verification disclosed that the said amount is not supported with subsidiary
ledgers and that the accompanying Notes to FS did not contain disclosures
as to the amount and details of the unexpended balances of the DRRMF.
Only the amounts of available appropriations, utilization and year-end
balances for the Calendar Year 2020 were disclosed in the Notes to FS, in
which the year-end balances of both the 30% Quick Response Fund
(QRF) and the 70% Mitigation Fund (MF) revealed zero balances.
7.4 Comparison and analysis of the aforesaid account with its corresponding
Cash in Bank – Local Currency, Current Account (LCCA) disclosed
insufficiency of cash amounting to P2.521 million to support the DRRMF,
as shown below:
Balance as of
Account Title December 31,
2020
Trust Liability – DRRMF 4,449,542.79
Cash in Bank – LCCA (pertaining to DRRMF) 1,928,871.58
Cash Deficit 2,520,671.21
7.5 Inquiry with the accounting personnel revealed that the cash deficit as
presented above is the result of recording of prior years’ unspent DRRMF
without the actual receipt of cash to be held in trust for DRRMF.
7.6 Based on the foregoing circumstances, the accuracy of the Trust Liability –
DRRMF account could not be ascertained, affecting the fairness of
presentation of accounts in the financial statements.
Recommendation:
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c) Examine the cash deficit and/or discrepancies between the
reported Trust Liability – DRRMF account and the corresponding
Cash in Bank – LCCA and effect the necessary adjustments, if
warranted.
Management’s Comments:
8.1 Local Budget Circular (LBC) No. 125 dated April 7, 2020 prescribes the
guidelines and procedures on the release and utilization of the Bayanihan
Grant to Cities and Municipalities (BGCM). Pertinent provisions are hereby
quoted as follows:
“3.0 GUIDELINES
3.4 Upon receipt of the Advice of NCA Issued, the BTr shall
release the corresponding Advices to Debit Account
(ADAs) to the AGSBs. In parallel, the BTr shall inform the
beneficiary cities and municipalities of their released
allocations through the issuance of Notices of ADA
Issued.
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in the general fund (SAGF) for the BGCM shall be
created through an ordinance by the local sanggunian
pursuant to Section 313 of PA No. 7160. The creation of
an SAGF for the BGCM may also be done by the local
sanggunian through inclusion in the pertinent
appropriation ordinance authorizing a supplemental
budget covering the BGCM.
8.2 Also, COA Circular No. 2015-009 dated December 01, 2015 prescribes the
Revised Chart of Accounts for Local Government Units, which includes,
among others, the following account titles and descriptions:
8.3 Our audit disclosed that the Office of the Municipal Accountant recognized
the receipt of the Bayanihan Grant as debit to Cash in Bank – Local
Currency, Current Account (LCCA) and credit to Due to National
Government Agencies (NGAs). Moreover, utilizations of said grant were
recorded as debit to Due to NGAs account and credit to Cash – LCCA
account.
8.4 However, the aforesaid LBC provides that a special account in the general
fund shall be created through a local ordinance authorizing a supplemental
budget for the BGCM; and that a supplemental investment program
covering the BGCM shall be prepared and approved in accordance with
existing rules and regulations. Therefore, the grant is a new revenue
source of the LGU which should have been recognized as income in the
books of accounts.
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8.5 Further, although the purpose of the grant is for the immediate response to
the COVID-19 emergency, the same could not be considered as a specific
purpose since there is no stipulation on the specific/identified programs or
projects to be implemented, hence, the receipt of said grant should not
have been recognized as liability particularly Due to NGAs account. The
appropriate account should be Subsidy from National Government account
since the programs/projects/activities (PPAs) to be implemented depends
only after the supplemental budget and investment program have been
prepared and approved by the local sanggunian, taking into consideration
the allowable PPAs enumerated in Item 3.5 of aforesaid LBC.
8.6 Inquiry with the concerned personnel from the Office of the Municipal
Accountant revealed that various adjustments were made at year-end to
record the purchases of various PPE items by debiting the corresponding
asset accounts and crediting the “Grants and Donations in Cash” account.
The account credited for the aforesaid adjustments, although an income
account, is still erroneous. The adjustments made should have been
credited to the Subsidy from National Government account.
8.7 Other expenditures which do not fit the criteria for recognition of assets
were left unadjusted as to their corresponding expenses.
8.8 Based on the foregoing circumstances, the receipt and utilization of the
BGCM were erroneously recognized in the books of accounts,
understating the expense and income accounts, and overstating the
liability account.
Recommendation:
Management’s Comments:
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9.1 COA Circular No. 2015-009 dated December 01, 2015 prescribes the
Revised Chart of Accounts for Local Government Units, which includes,
among others, the following account titles and descriptions:
9.2 Our review of the financial transactions of the LGU revealed that the
salaries and wages of regular employees are paid thru the issuance of
Automatic Debit Advice (ADA) with the Land Bank of the Philippines (LBP).
With this mode of payment, the LBP directly credits the individual accounts
of regular employees’ equivalent to the amount of their respective net pay
based on the approved payroll.
9.4 The payment thru ADA should not have been recorded as Advances for
Payroll since no amount of cash advance was granted to the concerned
Disbursing Officer for the payment/distribution of the net pay of regular
employees. Moreover, since payment is already made directly to the
accounts of the regular employees, the corresponding Disbursement
Vouchers should already contain complete supporting documents
including, but not limited to, approved payroll, daily time records, approved
leave of absences, and other pertinent documents. Finally, the proper
recognition of such payment is shown in the journal entry below:
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Account Title Account Code Debit Credit
Due to Pag-IBIG 2-02-01-030 xxx
Other Payables (if any) 2-99-99-990 xxx
Cash in Bank-LCCA 1-01-02-010 xxx
9.5 The erroneous recording of salaries and wages of regular employees paid
thru ADA as discussed in the preceding paragraphs affected the balances
and presentation of accounts in the municipality’s books of accounts.
Recommendation:
Management’s Comments:
10. The disclosure requirements in the Notes to Financial Statements were not
fully adhered to, depriving users of the same of relevant and adequate
information.
10.1 COA Circular No. 2016-004 dated September 30, 2016 provides the
guidelines in the preparation of year-end financial statements (FS) and
reports consistent with the adoption of the IPSAS in the LGUs. It further
prescribed the format and presentation of various FS including the Notes
to FS as appended in Annex G of the same Circular.
10.2 Items 127 (b) and (c) of IPSAS 1 – Presentation of Financial Statements
state:
10.3 Item 88 of IPSAS 17 – Property, Plant and Equipment (PPE) provides that
the FS shall disclose for each class of PPE the gross carrying amount and
the accumulated depreciation (aggregated with accumulated impairment
losses) at the beginning and end of the period; and a reconciliation of the
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carrying amount at the beginning and end of the period showing the
additions, disposals, depreciation, impairment losses, revaluations, and
other changes. (Underscoring supplied)
10.6 Moreover, COA Circular No. 2015-008 dated November 23, 2015
prescribes the accounting guidelines for local road and road network
system. Item VI.2 provides that the total road network system shall be
disclosed in the Notes to Financial Statements, format of which is
presented in Annex B of said Circular.
10.7 Our review of the CY 2020 financial statements revealed that the following
disclosure requirements in the Notes to FS were not made and fully
adhered to:
Recommendation:
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Management’s Comments:
B. COMPLIANCE AUDIT
11. The Collectors and the Municipal Treasurer did not prepare their RAAF and
the Consolidated RAAF (CRAAF), respectively, and submit the same to the
Office of the Auditor, to determine the movement and status of the
accountable forms in their possession as required under Sections 50 and
51 of COA Circular No. 2002-003.
11.1 Sections 50 and 51 COA Circular No. 2002-003 dated June 20, 2002
provide:
11.2 Examination on the cash and accounts of the various collectors revealed
that they did not prepare their respective Report of Accountability for
Accountable Forms (RAAF) which they shall render at the end of each
month and submit to the Municipal Treasurer for consolidation. Likewise,
the Municipal Treasurer did not prepare his Consolidated RAAF (CRAAF)
accompanied with the individual RAAFs and submit the same to the Office
of the Auditor for verification not later than the fifth (5th) day of the ensuing
month.
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Recommendation:
b) The Municipal Treasurer prepare his CRAAF and submit the same
together with the individual RAAFs to the Office of the Auditor
within the prescribed period.
Management’s Comments:
12. The remittance of collections of the Collectors were not made daily
contrary to Section 29 of COA Circular No. 2002-003 dated June 20, 2002
resulting to the accumulation of collections in their possession and
exposing the same to the risk of loss and misuse.
12.1 Section 29 of COA Circular No. 2002-003 dated June 20, 2002, otherwise
known as the Manual on the New Government Accounting System (NGAS)
for Local Government Units, provides:
12.2 During the conduct of examination of the cash and accounts of the various
collectors and in the verification of the Reports of Collections and Deposits
(RCDs), it was noted that they did not remit/deposit their collections daily
to the Municipal Treasurer as provided for in the above provision which
resulted to the accumulation of collections in their possession. We further
noted that collections were remitted by stub of accountable form. This
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situation does not only violate the cited regulation but also exposes the
cash collections on hand to possible risks of loss or misuse.
Recommendation:
Management’s Comments:
13.1 Pertinent provisions of COA Circular No. 97-002 dated February 10, 1997
state:
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the case of local travel, as provided for in EO 248 and
COA Circular No. 96-004.
13.3 Verification of the cash advances accounts disclosed that a total amount of
P3.547 million remained outstanding as of December 31, 2020, broken
down as follows:
13.4 Further verification disclosed that out of the total unliquidated cash
advances of P3.547 million, 1.44 percent or a total of P51,200.00 pertains
to cash advances granted during the CY 2020 which remained outstanding
for over 30 days to 1 year; 0.564 million or 15.91 percent for over 1 year to
5 years; while 82.65 percent or a total of P2.931 million pertains to cash
advances granted in prior years which remained outstanding for over 5
years. Aging schedule is as follows:
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13.5 Conduct of our audit disclosed the following deficiencies:
The LGU did not notify concerned officials and employees of their
responsibility to settle their obligations. In addition, the Municipal
Accountant did not prepare and send demand letters based on their
Schedule of AO with Unliquidated Cash Advance;
13.6 Further, COA Circular No. 2012-001 dated June 14, 2012 provides that
one of the basic documentary requirements in granting cash advances
except for travel is the Certification from the Accountant that previous cash
advance have been liquidated and accounted for in the books. However,
such Certification was not attached to the subsequent grant of cash
advances for specific purpose.
13.7 The resort to cash advance system is a facilitative tool in the financial
operations of the government. As such, efficient and effective control over
the granting, utilization and liquidation of cash advance must be observed
to prevent accumulation of government funds in the possession of officers
and employees to utilize the same funds. Also, it would help if the officials
of the LGU implement the sanctions provided for against the concerned
officers and employees in case of misuse or loss of funds and facilitate the
liquidation of unsettled accounts within the prescribed period. The practice
of granting another cash advance without first liquidating the previous cash
advances violated the basic requirement, thus, defeated the effective
control of government funds.
13.8 The failure of a public officer to have duly forthcoming any public funds or
property with which he is chargeable, upon demand by any duly authorized
officer, shall be prima facie evidence that he has put such missing funds or
property to personal use pursuant to Article 217 of the revised Penal Code.
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Recommendation:
Management’s Comments:
14. The LGU did not create and maintain a Special Account in the General
Fund and did not submit its Report on Fund Utilization and Status of
Program/Project/Activity Implementation on a monthly basis contrary to
Local Budget Circular No. 125 dated April 7, 2020 prescribing the
guidelines on the release and utilization of the Bayanihan Grant to Cities
and Municipalities (BGCM).
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14.1 Pertinent provisions of Local Budget Circular No. 125 dated April 7, 2020
prescribing the guidelines on the release and utilization of the Bayanihan
Grant to Cities and Municipalities (BGCM) state:
“3.0 GUIDELINES
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However, we noted that the Office of the Municipal Accountant did not
create and maintain a special account in the general fund for the receipt
and utilization of the same. The special account in the general fund should
have been adopted in order to provide adequate information as to the
assets, liabilities and equity of the special account.
14.3 Moreover, we noted that the LGU’s Local Finance Committee composed of
the Local Budget Officer, Local Treasurer and Local Planning and
Development Coordinator have not submitted the Report on Fund
Utilization and Status of Program/Project/Activity (PPA) Implementation to
the Office of the Auditor on a monthly basis. As to date, only the reports
covering the months of June to September, 2020 were prepared, and were
only submitted on January 21, 2021 upon verbal request for the same by
the Office of the Auditor. Per inquiry, no report has been prepared yet for
the months of October to December, 2020.
14.4 On the other hand, the Office of the Municipal Accountant has prepared
and submitted the Statement of Receipts and Disbursements (SORD)
pertaining to the receipt and utilization of the BGCM covering the period
April to December, 2020. Comparison of the Report on Fund Utilization
and Status of Program/Project/Activity Implementation and the SORD
disclosed discrepancies in the total amount of disbursements per month,
as shown below:
14.5 The resulting discrepancy as shown in the table above is due to the
difference in the recognition of disbursements. In the Report on Fund
Utilization and Status of PPA Implementation, the gross payments are
reported as total disbursements while in the SORD, only the payments (net
of tax) and the actual remittances to the BIR are reported as the total
disbursements. To simply put, the discrepancy is the amount of unremitted
taxes previously withheld from the payments to various suppliers.
14.6 Further verification of the Report on Fund Utilization and Status of PPA
Implementation as of September, 2020 disclosed that the amount
presented as obligations and disbursements amounting to P7.663 million
are lumped into one PPA only – Food Assistance and Other Relief Goods.
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No amounts of obligations and disbursements were reported for other
PPAs indicated in the report, namely: food transportation including fuel and
accommodation expenses, training of health personnel, procurement of
medicines and vitamins, construction/repair of RHU building, and purchase
of tent for temporary shelter. Hence, the said report is not properly and
completely accomplished.
Recommendation:
Management’s Comments:
14.9 Management admitted its lapses to create and maintain a special account
on the utilization of the Bayanihan Grant. Nevertheless, the Management
assured to identify and segregate transactions pertaining to the release
and utilization thereof, and committed to effect the necessary adjustments
in adherence to the audit recommendations.
15. The LGU incurred expenditures out of the Bayanihan Grant to Cities and
Municipalities (BGCM) in excess of and/or without the appropriated object
of expenditures amounting to P2.030 million, which is contrary to Section
305 of R.A. No. 7160, Section 4(1) of P.D. No. 1445 and Local Budget
Circular No. 125 dated April 7, 2020.
15.1 Section 305 (a) of RA No. 7160 provides that “No money shall be paid out
of the local treasury except in pursuance of an appropriations ordinance or
law”.
15.2 Similarly, Section 4(1) PD No. 1445 provides that “No money shall be paid
out of any public treasury of depository except in pursuance of an
appropriation law or other specific statutory authority”.
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15.3 Local Budget Circular No. 125 dated April 7, 2020 prescribes the
guidelines and procedures on the release and utilization of the BGCM.
Items 3.7 and 5.0 thereof provide that:
15.4 In CY 2020, the LGU of Guipos, Zamboanga del Sur received a bayanihan
grant equivalent to one-month of their CY 2020 Internal Revenue Allotment
share or an amount of P7.664 million to boost their capacity in immediately
responding to the COVID-19 emergency. Thereafter, the local
sangguniang bayan enacted and approved Appropriation Ordinance No.
2020-02 authorizing a supplemental budget covering the BGCM. However,
our audit of the fund utilization of the BGCM disclosed that the LGU
incurred expenditures in excess of and/or without the appropriated object
of expenditures in the aforementioned Appropriation Ordinance amounting
to P2.030 million, as shown in the following table:
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Budget Year Expenditures
Available
2020 in Excess of
Appropriations
Supplemental and/or
Actual (Based on the
Object of Expenditures Budget (Per Without the
Expenditures Appropriated
Appropriation Appropriated
Object of
Ordinance Object of
Expenditures)
No. 2020-02) Expenditures
Thermometer 0.00 21,500.00 21,500.00 0.00
Various supplies for
COVID-19 Center 0.00 135,985.18 135,985.18 0.00
Food supplies and
ingredients for Kitchen
Community in Nutrition 220,9 220,9
Emergency 0.00 19.25 19.25 0.00
TOTAL MOOE 5,063,644.00 6,055,315.53 1,285,361.93 293,690.40
2. Capital Outlay (CO):
Procurement of 2,000,0 263,0 1,736,95
Medicines and Vitamins 00.00 45.00 0.00 5.00
Construction/Repair of
the existing building to
accommodate COVID-19
patients and Persons
under 300,0 647,3 347,3
Monitoring/Investigation 00.00 63.65 63.65 0.00
Purchase of Tent for
temporary shelter 300,000.00 300,000.00 0.00 0.00
Medical Equipment 0.00 139,130.00 139,130.00 0.00
Other Equipment (CCTV
Cam Package, TV,
Freezer, Washing
Machine, Misting
Machine, Alcohol
Dispensers, wall and 257,9 257,9
stand type) 0.00 02.00 02.00 0.00
TOTAL CO 2,600,000.00 1,607,440.65 744,395.65 1,736,955.00
GRAND TOTAL 7,663,644.00 7,662,756.18 2,029,757.58 2,030,645.40
15.6 Also, the LGU may not have carefully took into consideration the allowable
object of expenditures in the supplemental budget for BGCM during the
utilization/disbursement of the same, resulting to the incurrence of
expenditures in excess of and/or without the appropriated object of
expenditures amounting to P2.030 million. On the contrary, it may also be
possible that the LGU did not plan accordingly their intended
programs/projects/activities (PPAs) as incorporated in their supplemental
budget for BGCM, resulting to the available/excess appropriations (object
of expenditures) amounting to P2.031 million.
79
rapid test kits, food supplies and ingredients, other supplies and
equipment, and the construction/repair of building for COVID-19 Center.
15.9 Proper controls were not implemented by the LGU officials concerned and
such action violated one of the fundamental principles governing the
financial transactions and operations of a government agency.
Recommendation:
15.10 We recommended that the concerned LGU officials cautiously take into
consideration the allowable objects of expenditures in their appropriation
ordinances and refrain from approving and incurring expenditures in
excess of and/or without the available appropriations. Otherwise, legal
sanctions will be imposed for its continued incurrence. To ensure sufficient
budget/appropriation for operational expenses and its
programs/projects/activities, proper planning and coordination among
concerned officials be observed in the preparation and approval of
appropriation ordinances.
Management’s Comments:
Auditor’s Rejoinder:
16. Payments of fuel, oil and lubricants totaling P2.792 million were not
supported with duly approved Driver’s Trip Tickets, Monthly Report of
Official Travels and Monthly Report of Fuel Consumption contrary to COA
Circular No. 77-61 dated September 26, 1977, thereby, validity and
reasonableness of fuel consumption could not be ascertained.
16.1 COA Circular No. 77-61 dated September 26, 1977 was issued to
ascertain that all applicable laws, rules and regulations governing fuel
consumption and use of government vehicles are complied with. It also
aims to ascertain that wasteful, excessive and unnecessary expenditures
for fuel consumption are minimized. Lastly, it aims to ascertain that
expenditures for fuel consumption are effectively controlled and properly
accounted for.
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16.2 The above circular provides that no disbursement voucher for fuel
consumption of government vehicles shall be allowed in audit unless duly
supported by properly accomplished and approved serially numbered
driver’s trip tickets. Thereafter, a summary of driver’s trip tickets shall be
made at the end of each month using the Monthly Report of Official
Travels.
16.4 Our audit of the submitted disbursement vouchers disclosed that payments
of fuel, oil and lubricants used for various government vehicles were not
supported with duly approved driver’s trip tickets. We further noted that the
agency has not prepared and submitted monthly report of official travels
and monthly report of fuel consumption to support said disbursements
amounting to P2.792 million. Breakdown as follows:
Check
Date Payee Particulars Amount
No.
10/01/202 2725125 Grandwa For various government 123,566.00
0 y Caltex service vehicle and PNP
Station vehicles
10/01/202 2725126 Grandwa For various heavy 217,082.0
0 y Caltex equipment for 0
Station repair/maintenance of
various barangay roads
24/02/202 2725302 Grandwa For various government 122,521.0
0 y Caltex service vehicle 0
Station
24/02/202 2725303 Grandwa For use at the 50,117.0
0 y Caltex Sangguniang Bayan 0
Station Office
24/02/202 2413131 Grandwa For various heavy 135,894.0
0 y Caltex equipment for 0
Station repair/maintenance of
various barangay roads
16/04/202 2725480 Grandwa For various government 98,134.0
0 y Caltex service vehicle and 0
Station ambulance
16/04/202 2725481 Grandwa For various government 97,854.0
0 y Caltex service vehicle 0
Station
16/04/202 2725482 Grandwa For PNP Service Vehicles 82,559.2
0 y Caltex and Service Single Motor 0
Station of PNP Station
30/04/2020 2413141 RG Petrol Diesel fuel and lubricants 1,665,401.85
Gasoline used for various heavy
Station equipment of 547th
Engineer Battalion and
LGU Guipos for
Rehabilitation/Improveme
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Check
Date Payee Particulars Amount
No.
nt of Barangay Road in
Brgys. Dalapan, Dagohoy,
Sikatuna and Datagan,
Guipos, ZDS
28/05/202 2725575 Grandwa For various government 99,050.6
0 y Caltex service vehicles 0
Station
28/05/202 2725576 Grandwa For various government 99,977.6
0 y Caltex service vehicles 0
Station
Total
P2,792,157.25
16.5 Inquiry with the OIC-Municipal Engineer revealed that there is no proper
control and monitoring in the releasing of gas slips to end-users of
government vehicles. The issuances of gas slips were not supported with
duly approved and serially numbered Driver’s Trip Tickets and no logbook
is being maintained to record such issuances.
16.6 The above-mentioned forms and reports are essential for effective
monitoring and proper control over the use of government vehicles to avoid
excessive and unnecessary expenditures for fuel consumption. Likewise, it
would establish the reasonableness of fuel consumption for a specified
period otherwise, the validity and reasonableness of paid fuel, oil and
lubricants expenses could not be ascertained.
Recommendation:
Management’s Comments:
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17. The Bids and Awards Committee (BAC) did not consider availing the
alternative mode of procurement of Direct Retail Purchase of Petroleum
Fuel, Oil and Lubricant (POL) Products under Section 53.14 of the 2016
Revised IRR of R.A. No. 9184, as amended, where the LGU could have
availed of the most reasonable and advantageous prices for the POL
products.
17.1 Section 53.14 of the 2016 Revised IRR of R.A. No. 9184, as amended thru
GPPB Resolution No. 24-2019 provides that:
17.2 Moreover, Annex “H” of the aforesaid IRR, as amended thru the same
GPPB Resolution provides, among others:
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b. Definition. Where Goods and Services are required by a
Procuring Entity for the efficient discharge of its principal
mandate, governmental functions, or day to-day
operations, direct retail purchase of POL products and
airline tickets may be made by end-users delegated to
procure the same from identified direct suppliers or service
providers.
d. Procedure.
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accounting principles and practices as well as of
sound management and fiscal administration
provided that they do not contravene existing laws
and regulations applicable to financial
transactions.”
17.3 Item 3.m of GPPB Resolution No. 011-2007, dated 31 May 2007 as
amended in GPPB Resolution No. 05-2018 defines retail pump price as
the price of petroleum fuel per liter, such as, gasoline, diesel oil and
kerosene, as established by retailers, dealers or gas stations for the day.
17.4 Our verification disclosed that the BAC through a resolution adopted
alternative mode of procurement in the procurement of POL products for
use of various government vehicles and heavy equipment. However, the
BAC resolutions only indicated that the alternative mode of procurement
used is “Negotiated Procurement” without specifying the type of negotiated
procurement as enumerated under Section 53 of the 2016 Revised IRR of
R.A. No. 9184 which may vary depending on the circumstances.
17.5 Moreover, review of the Purchase Orders disclosed that the unit price of
POL products is fixed for each Purchase Order regardless of its quantity.
We also noted that the date per sales invoice is closed to or the same with
the date of Purchase Order. Hence, there is doubt as to the process and
schedule of supply, delivery and utilization of fuel.
17.6 Inquiry with the OIC-Municipal Engineer revealed that a prior arrangement
with the concerned supplier/gasoline station has been entered into verbally
for the LGU’s supply and utilization of POL products. In fact, the LGU only
prepared the Purchase Orders and related documents upon notice from
the supplier for the payment of POL products which were supplied to the
former during a specific period, together with the fixed amount of unit price
as determined by the supplier for each type of POL product. Hence, the
procurement process adopted by the LGU for its purchase of POL
products contravenes the normal procurement process since the Purchase
Order is prepared only at a later date after the delivery and supply of POL
products.
85
Recommendation:
Management’s Comments:
18. Warranty securities were not imposed after the final acceptance of
infrastructure projects with contract costs amounting to P55.187 million,
which is contrary to Section 62 of the Revised IRR of R.A. No. 9184,
thereby leaving the Procuring Entity without financial guarantee in case of
structural defects that may manifest after acceptance.
18.1 Section 62.2 of the 2016 Revised IRR of R.A. No. 9184 provides the
different warranties to be imposed in the procurement of infrastructure
projects. Among these warranties include the warranty against structural
defects from the final acceptance of the project. Particularly, Section
62.2.3.3 provides that:
Amount of Warranty
Security (Not less
Form of Warranty Security than the required
percentage of the
Total Contract Price)
a) Cash or Letter of Credit Five percent (5%)
issued by a Universal or
Commercial Bank: Provided,
however , That the Letter of
Credit shall be confirmed or
authenticated by a Universal or
Commercial Bank, if issued by a
foreign bank.
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Amount of Warranty
Security (Not less
Form of Warranty Security than the required
percentage of the
Total Contract Price)
b) Bank guarantee confirmed by Ten percent (10%)
a Universal or Commercial
Bank.
18.2 Audit of disbursement vouchers covering the CY 2020 for completed and
accepted infrastructure projects with contract costs amounting to P55.187
million disclosed that these payments were not supported with warranty
securities in the form as prescribed above. Please see Appendix “D” for
details.
18.4 Based on the above guidelines, warranty securities shall be required from
the contractors of infrastructure projects after the acceptance by the
Procuring Entity of completed infrastructure projects. These warranty
securities shall guarantee that the contractor correct any structural defects
discovered after the acceptance.
Recommendation:
87
order to protect not only the interest of the government but also those
project beneficiaries and other third parties involved in the execution of
government projects.
Management’s Comments:
88
Secretariat, shall post the NOA, Contract/PO, including the NTP
if necessary, for information purposes, in the PhilGEPS
website, the website of the Procuring Entity concerned, if
available, and at any conspicuous place reserved for this
purpose in the premises of the Procuring Entity within ten (10)
days from their issuance, except for contracts with ABC of Fifty
Thousand Pesos (₱50,000.00) and below.” (Underscoring ours
for emphasis)
V. Specific Guidelines
D. Negotiated Procurement
2. Emergency Cases
Mayor’s/Business Permit
PCAB License (For Infrastructure Projects)
NFCC (For Infrastructure Projects with ABCs above P500,000.00)
Income/Business Tax Return (For ABCs above P500,000.00)
Omnibus Sworn Statement (For ABCs above P500,000.00)
19.6 Our review and verification revealed that the LGU procured various goods
totaling P9.944 million in response to the COVID-19 pandemic which were
undertaken thru Negotiated Procurement – Emergency Cases per Section
89
53.2 of the 2016 Revised IRR of RA No. 9184, as amended. See attached
Appendix “E” for details of disbursements.
No Mayor’s/Business Permit;
No Income/Business Tax Return (For ABCs above P500,000.00);
No Omnibus Sworn Statement (For ABCs above P500,000.00);
No Notice of Award (NOA);
No printout showing proof that the NOA, Contract/Purchase
Order, and Notice to Proceed were posted in the PhilGEPS
website (For ABCs above P50,000.00); and
RFQs do not indicate the list of documentary requirements to be
required from suppliers nor indicate at what stage of the
procurement process the requirements be submitted.
19.8 Non-compliance of the Bids and Awards Committee (BAC) with the
prescribed guidelines and procedures set forth in the 2016 Revised IRR of
RA 9184, as amended, for the procurement of goods thru Negotiated
Procurement – Emergency Cases, and absence of complete supporting
documents to support the claims, affect the legality, validity and propriety
of said transactions.
Recommendation:
19.9 We recommended that the BAC comply with the guidelines and
procedures of Negotiated Procurement through Emergency Cases set
forth in the 2016 Revised IRR of RA No. 9184, as amended. Moreover, the
Municipal Accountant examine the completeness of supporting documents
of every claim before payment is made to ensure legality, validity and
propriety of the disbursements.
Management’s Comments:
90
“1.1 Variation Orders may be issued by the procuring entity to
cover any increase/decrease in quantities, including the
introduction of new work items that are not included in the
original contract or reclassification of work items that are either
due to change of plans, design or alignment to suit actual field
conditions resulting in disparity between the preconstruction
plans used for purposes of bidding and the "as staked plans" or
construction drawings prepared after a joint survey by the
contractor and the Government after award of the contract,
provided that the cumulative amount of the positive or additive
Variation Order does not exceed ten percent (10%) of the
original contract price. The addition/deletion of works under
Variation Orders should be within the general scope of the
project as bid and awarded. The scope of works shall not be
reduced so as to accommodate a positive Variation Order. A
Variation Order may either be in the form of either a change
order or extra work order.”
20.2 Moreover, Non-Policy Matter No. 090-2013 dated November 11, 2013
issued by the Government Procurement Policy Board (GPPB) provides
that a change in the project site after the issuance of Notice of Award
(NOA) amounts to the modification of bidding documents and is not
allowed under the R.A. 9184 and its IRR. It further provides that:
“In changing the project site after the issuance of the NOA runs
counter with the following procurement rules and regulations:
(a) in the Invitation to Bid, the name and location of the contract
to be bid, the project background and other relevant information
regarding the proposed contract works, including a brief
description of the type, size, major items, and other important or
relevant features of the works; and (b) in the PBDs for
Infrastructure Projects (Section VII, Drawings), the actual
Drawings, including site plans, should be attached to said
section or annexed in a separate folder.
20.3 Section 322 of Republic Act (R.A.) No. 7160 provides that:
91
unless obligations therefor have been fully paid or otherwise
settled.
20.4 Review of the available appropriations for CY 2020 revealed that the LGU
has continuing appropriations, among others, amounting to P0.750 million
for the construction of perimeter fence in the municipal grounds of the
LGU. This particular continuing appropriation is sourced out from the 20%
Development Fund of the CY 2019 Annual Budget without specifying the
exact project site/location in the Annual Investment Program.
20.5 Nonetheless, in CY 2020, the LGU has entered into contract with a
particular contractor for the implementation of various infrastructure
projects including this project with a cost of P0.750 million. Bid documents
disclosed that the project site is located in the Government Equipment
Garage, Poblacion, Guipos, Zamboanga del Sur.
20.6 Our audit disclosed that before the implementation of the above project,
there was a change in the project site/location as supported by
Variation/Change Order No. 01 dated May 20, 2020 without
increase/decrease in the contract amount. Details of the variation order
are as follows:
20.7 Records show that no local resolution was enacted and approved for the
change in project site/location of the above project including the
realignment/augmentation/ provision of supplemental budget for the same.
20.8 Ocular inspection disclosed that the change in project location is deemed
questionable since the Fire Station is not yet constructed to date. As such,
the desired socio-economic development and benefits from the project,
which was funded from the 20% Development Fund of CY 2019, were not
attained to date.
92
20.9 Inquiry with Management revealed that a Deed of Donation was entered
into by and between the Local Chief Executive (LCE) and the Bureau of
Fire Protection (BFP) for the donation of lot, which is duly owned by the
LCE, in favor of the BFP, for the purpose of the construction of Fire
Station. Accordingly, the construction of the Fire Station is to be
implemented in CY 2021.
Recommendation:
Management’s Comments:
21. The LGU did not prepare its Annual Procurement Plan (APP) to cover all
procurements considered crucial to the efficient discharge of government
functions as required under Section 7 of the Revised IRR of R.A. No. 9184.
Only the Annual Procurement Plan for Common Use Supplies and
Equipment (APP-CSE) was prepared pursuant to Administrative Order No.
17 s. 2011 and DBM Circular Letter No. 2013-14.
21.1 Pertinent provisions of Section 7 of the Revised IRR of R.A. No. 9184 on
the Procurement Planning and Budgeting Linkage, are hereby quoted as
follows:
93
APP shall consider the appropriate timing/phasing of related
project activities, such as, engineering design and acquisition of
right-of-way site or location, to reduce/lower project costs.
21.2 Sections 7.3 to 7.7 of the same IRR provide for the prescribed procedures
and guidelines in the formulation and revision of the APP.
21.3 On the other hand, Administrative Order No. 17, s. 2011 directs the use of
the Procurement Service and the Philippine Government Electronic
Procurement System in procurement activities in accordance with R.A. No.
9184, and improving the operation of the Procurement Service. Further,
DBM Circular Letter No. 2013-14 dated November 29, 2013 reiterates the
submission of the Annual Procurement Plan for Common Use Supplies
and Equipment (APP-CSE).
21.4 GPPB Circular No. 07-2015 dated July 16, 2015 was issued to reiterate
the requirement of preparing the APP in the format approved by the GPPB.
Items 1.3 and 4.1 provide that:
21.5 Our review of the LGU’s records disclosed that the LGU did not prepare its
APP to cover all the procurements for CY 2020 as required in the aforesaid
guidelines. The LGU only prepared and submitted its APP-CSE for the
procurement of its common use supplies and equipment for CY 2020.
21.6 Inquiry with LGU personnel revealed that they were not aware of the
format and submission of the APP. They mistakenly thought that the APP-
CSE which they have prepared and submitted would suffice the above
requirements of law.
94
21.7 However, in accordance with the aforesaid provisions, the APP should
have been prepared, revised and updated as needed to include all
procurements considered crucial to the efficient discharge of government
functions. This includes not only those requirements in the APP-CSE but
all procurements of the LGU such as, but not limited to the, procurement of
goods, services and infrastructure projects undertaken thru competitive
bidding and/or other alternative modes of procurement.
Recommendation:
Management’s Comments:
22. Non-compliance of the LGU with the pertinent provisions of COA Circular
No. 2013-004 dated January 30, 2013 on the information and publicity of
programs/projects/activities, adversely affected the timely preparation of
Quarterly Report of Publicized Government Projects/Programs/Activities
and the timely validation of the accomplished PPAs.
3.1 The Head of Agency shall inform its SA and ATL within ten
(10) days after the award of the infrastructure project or before
the start of the program/activity that the appropriate project
95
signboards and/or public notices are already posted, and the
SA and ATL shall validate the same.
22.2 Perusal and verification of available records revealed that the LGU has not
furnished the Office of the Auditor at the beginning of Calendar Year 2020
a list of all its on-going government PPAs and those that are to be
implemented during the year. We also noted that Management did not
inform this Office within ten (10) days after the award of the infrastructure
project or before the start of the program/activity that the appropriate
project signboards and/or public notices are already posted. Finally,
Management did not promptly prepare and submit its monthly Monitoring
Report as to Project Status of its PPAs.
Recommendation:
96
22.5 We recommended that Management:
a) Furnish the Office of the Auditor at the beginning of every calendar
year a list of all its on-going PPAs and those that are to be
implemented during the year;
b) Inform the Office of the Auditor within ten (10) days after the award
of the infrastructure project or before the start of the
program/activity that the appropriate project signboards and/or
public notices are already posted; and
Management’s Comments:
22.6 Management commented that they have already observed the posting of
sign boards and/or public notices but admitted that they were not able to
notify the Office of the Auditor of such postings. Nevertheless,
Management assured compliance with the audit recommendations.
23. Periodic reports and transaction documents relative to the receipts and
disbursements of government funds for CY 2020 were not submitted to the
Office of the Auditor within the reglementary period as required under
Sections 7.2.1.a and 7.1.1 of the Rules and Regulations on Settlement of
Accounts (RRSA) prescribed under COA Circular No. 2009-006.
23.2 In addition to the above quoted provision, Item 7.1.1 of the RRSA states
that “the Head of the agency, who is primarily responsible for all
government funds and property pertaining to his agency, shall ensure that:
(a) the required financial and other reports and statements are submitted
by the concerned agency officials in such form and within the period
prescribed by the Commission. xxx”
23.3 Records show that periodic reports and transaction documents relative to
the receipts and disbursements of government funds for CY 2020,
including, but not limited to, disbursement vouchers, liquidation reports and
its supporting documents, reports of checks issued, official receipts,
validated deposit slips and reports of collections and deposits, were not
submitted to the Office of the Auditor within the reglementary period as
prescribed in the aforesaid provisions, see Appendix “F”.
97
23.4 Delayed submission of the aforesaid periodic reports and transaction
documents precluded the timely audit of accounts and financial
transactions, early detection and correction of errors/deficiencies and
timely reporting of audit results to management, if any.
Recommendation:
Management’s Comments:
23.6 The Municipal Accountant commented that the delays incurred in the
submission of periodic reports and transaction documents for CY 2020
was because they were undermanned. Nevertheless, Management has
already provided additional manpower within the Office of the Municipal
Accountant and assured compliance with the audit recommendation.
24. The LGU disbursed a total amount of P4.156 million for COVID-19 related
expenditures from the Special Trust Fund – Local Disaster Risk Reduction
Management Fund (STF-LDRRMF) despite the non-inclusion of such
programs/projects/activities (PPAs) in the LDRRMF Investment Plan
(LDRRMFIP).
24.1 Item 5.1.2 of COA Circular No 2012-002 dated September 12, 2012
provides:
Xxx
98
6.3 The release and use of the 30% QRF shall be supported by
a resolution of the local sanggunian declaring the LGU under
the state of calamity or a Presidential declaration of the state of
calamity upon recommendation of the NDRRMC.
24.3 In addition, Local Budget Circular No. 124 dated March 26, 2020 provides
the policy guidelines on the provision of funds by local government units
for programs, projects, and activities to address the Corona Virus disease
2019 (COVID-19) situation. Items 2.5.5 and 2.5.6 of the mentioned Circular
provide:
24.4 Recently, the DILG and DBM issued JMC No. 2020-02 dated March 30,
2020 which prescribed the additional guidelines in the preparation and
approval of Annual Investment Programs of LGUs in view of the COVID-19
pandemic. Pertinent provisions of aforesaid JMC state that:
99
24.5 Our audit disclosed that for CY 2020, the LGU disbursed a total amount of
P4.156 million charged to the unexpended LDRRMF of previous years in
the Special Trust Fund for the COVID-19 related expenditures, as shown
below:
Check
DV No./Date Payee Particulars Amount
No./Date
300-2003-23 02728602 National Food Payment of 300
3/24/2020 3/24/2020 Authority bags (50 kilos)
WD2 Rice 345,000.00
300-2003-24 02728606 National Food Payment of 500
3/25/2020 3/27/2020 Authority bags (50 kilos)
WD2 Rice 575,000.00
300-2004-29 02728608 Rabe General Payment of 1,000
4/1/2020 4/1/2020 Merchandise bags (50 kilos)
Rice 950,000.00
300-2004-30 02728612 Rabe General Payment of 700
4/27/2020 4/27/2020 Merchandise bags (50 kilos)
Rice 770,000.00
300-2004-31 02728613 Mindanao Golden Payment of 700
4/27/2020 4/27/2020 Grains bags (50 kilos)
Corporation Rice 770,000.00
300-2003-22 02728601 Alicia R. Buyser Cash advance for
3/20/2020 3/20/2020 the preparedness
and response of
COVID-19 465,800.00
300-2004-28 02728607 Alicia R. Buyser Cash advance for
4/14/2020 4/13/2020 the preparedness
and response of
COVID-19 279,890.00
TOTAL P4,155,690.00
24.6 Further verification revealed that the above PPAs were not included in the
LDRRMFIP for CY 2020 nor a revised or updated LDRRMFIP was
prepared for the inclusion of the same. Records show that the CY 2020
LDRRMFIP includes only the PPAs for the current year 70% Mitigation
Fund and the lump-sum amount for the 30% Quick Response Fund. It did
not include PPAs charged to the unexpended LDRRMF of previous years
in the STF.
Recommendation:
100
b) Direct the LDRRM Officer to include in the preparation of the
LDRRMFIP the PPAs to be charged to the unexpended LDRRMF
of previous years in the Special Trust Fund.
Management’s Comments:
24.9 Management commented that a resolution was enacted and approved for
the preparation of a revised and updated LDRRMFIP to include PPAs for
COVID-19 response. However, the same did not come into fruition due to
busy schedule of concerned officials. Nevertheless, Management admitted
their lapses and assured compliance with the audit recommendations.
Auditor’s Rejoinder:
101
5.2.1 All expenditure items to be included in the SEF
Budget shall be among those provided under Section 4.0
hereof and contained in the approved SIP and DEDP.
(emphasis supplied)
5.5 The preparation and approval of the SEF Budget for the
ensuing year shall be guided by the following schedule of
activities:
Person/s Indicative
Activities
Responsible Timelines
Submission to the LSB of the Local Not later
certified statement containing Treasurer and than July 15
the following: Local of the
1. Actual SEF Income Accountant current year
for the immediately
preceding fiscal year;
2. Actual SEF Income
for the first two
quarters of the
current year;
3. The estimated SEF
Income for the last
two quarters of the
current year; and
4. The annual estimates
for the ensuing year.
Person/s Indicative
Activities and Documents
Responsible Timelines
Furnish the Local Budget LSB Not later
Officer, the Local Accountant, than seven
and the Local Treasurer a (7) days
copy of the SEF Budget as after the
basis for disbursement or approval of
certification of availability of the SEF
funds and for recording Budget
purposes.
Submit quarterly and annual LSB For quarterly
reports using the SEF Budget reports, not
Accountability Form No. 1 later than
(Annex B) on SEF utilization, the 20th day
as prepared by the Local after the end
Accountant, to the DepEd of the
CO, through appropriate quarter and
channels, copy furnished the for annual
local sanggunian concerned reports, not
and Regional Offices of the later than
DBM and DILG. the 15th day
102
Person/s Indicative
Activities and Documents
Responsible Timelines
of February
The appropriate DepEd DepEd of the
offices shall prepare the representative following
consolidated provincial and in the LSB year.
regional reports.
Post the utilization report of LSB Pertinent
the SEF Budget in the deadline
website of the LGU and/or in consistent
at least three (3) conspicuous with the Full
public places for transparency Disclosure
and accountability in Policy of the
compliance with the Full DILG
Disclosure Policy of the DILG
25.2 Perusal of the Local School Board Budget for CY 2020 also revealed the
following:
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25.3 With all the noted deficiencies relative to the preparation of the
appropriation and utilization of SEF, it is apparent that the guidelines on
the use of the SEF and responsibility of the Local School Board as stated
in DepEd-DBM-DILG Joint Circular (JC) No. 1, s. 2017 were not strictly
followed, thereby affecting the more strategic and efficient utilization of
SEF totaling P1.9 million and deviates from the principle of transparency
and accountability.
Recommendation:
Management’s Comments:
26. The LGU did not comply with the pertinent provisions of R.A. No. 9003,
particularly on the (a) expiration and non-renewal of its 10-year SWM Plan,
and the (b) temporary operation of an open dump site for its solid wastes.
26.1 Section 16 of Republic Act No. 9003, otherwise known as Ecological Solid
Waste Management Act of 2000 states that:
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For LGUs which have considered solid waste management
alternatives to comply with Sec. 37 of this Act, but are unable to
utilize such alternatives, a timetable or schedule of compliance
specifying the remedial measure and eventual compliance shall
be included in the plan.
26.2 Perusal of the LGU’s 10-year SWM plan reveals that the plan covers the
calendar years 2009 to 2018 only. The said SWM plan has already expired
on CY 2018, hence, beginning CY 2019 to date, the LGU is operating its
activities without a SWM Plan.
26.5 Our verification revealed that sometime in March 2020, the Municipality of
Guipos acquired a parcel of land for Eco-Tourism Park (Solid Waste
Disposal Site) located at Barangay Sikatuna, containing an area of ten
thousand (10,000) square meters, more or less, in the amount of One
Hundred Fifty Thousand Pesos (P150,000.00).
26.6 Interview with the designated MENRO revealed that the parcel of land was
purchased for the proposed Municipal Recovery Facility (MRF)/Eco-
Tourism Park as required by the Department of Environment and Natural
Resources – Environmental Management Bureau (DENR-EMB). The site
was used by the LGU as dumpsite for solid waste materials for a short
period of time only due to the poor road conditions which render the
dumpsite inaccessible especially during rainy season. As such, the LGU
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proposed a parcel of land located at Purok 3, Barangay Poblacion, Guipos,
to be used as temporary dumpsite for its solid waste materials.
26.7 Upon ocular inspection, the wastes were dump in an open field. Additional
observations noted at the temporary waste disposal site which is located in
Purok 3, Barangay Poblacion, Guipos, are as follows:
26.8 Continued operation of an open dumpsite poses threat to the public health
and environment.
Recommendation:
b) Stop the operation of the open dumpsite for its garbage disposal;
and
Management’s Comments:
26.10 The Management already conducted a meeting with the Municipal Solid
Waste Management Board regarding the update of the expired 10-Year
SWM Plan but because of the COVID-19 Pandemic, the Management
could not conduct face-to-face meetings needed for the Waste Analysis
and Characterization Study (WACS) and Information Education Campaign
(IEC) which are very important part in the updating of the plan.
Nevertheless, Management committed to adhere with the audit
recommendations.
Auditor’s Rejoinder:
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Market Fees and Charges
27. Imposition and collection of Market Fees and Charges were based on
Article G of the Local Revenue Code of 2017 despite its being declared as
invalid for being confiscatory by virtue of Sangguniang Panlalawigan
Resolution No. 884-2020 dated September 24, 2020.
27.1 Pertinent provisions of R.A. No. 7160 otherwise known as the Local
Government Code (LGC) of 1991 state:
27.2 On July 14, 2020, the LGU transmitted to the Sangguniang Panlalawigan
(SP) for review the Municipal Ordinance No. 01 Series of 2020, otherwise
known as the Revised Revenue Code of 2020 of the Municipality of
Guipos, Zamboanga del Sur together with Sangguniang Bayan (SB)
Resolution No. 2020-11, approving the said Code. Upon review, the SP
declared the same valid and operative under SP Resolution No. 807-2020.
However, the Provincial Legal Office of Zamboanga del Sur rendered an
opinion that Municipal Ordinance No. 01 Series of 2020 was not valid as
the same was adopted within the required five-year period from the
approval of Municipal Ordinance No. 04 Series 2017 on September 04,
2017.
27.3 On the basis of such legal opinion, SP Resolution No. 807-2020 was
reconsidered during the regular session of SP on August 13, 2020.
Consequently, SP Resolution No. 823-2020 was adopted, otherwise
known as “A RESOLUTION REQUESTING THE MUNICIPAL
GOVERNMENT OF GUIPOS, THROUGH THE SECRETARY TO THE
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SANGGUNIANG BAYAN, TO FORMALLY TRANSMIT MUNICIPAL
ORDINANCE NO. 04, SERIES OF 2017 (2017 MUNICIPAL REVENUE
CODE OF GUIPOS) TO THE SANGGUNIANG PANLALAWIGAN FOR ITS
REVIEW AND APPROPRIATE ACTION”.
a. That the Market Fees and Charges under Art. G (page 97) are
hereby declared invalid for being confiscatory;
b. That the permit fee to slaughter under Art. H (page 99) shall be
collected on the basis of the previous ordinance on the matter;
and
c. That the percentage rate in words (2% and 1% respectively)
under Section 2A.02(d) must prevail over the percentage rate
in Arabic numerical (2.4 and 1.1%)
27.6 We reviewed both Municipal Ordinances and noted that differences in the
imposition and rates of Market Fees and Charges as shown in the table
below:
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Stall Rental/Fee Stall Rental/Fee
Market Section under M.O. No. 4, under M.O. No. 1,
S. 2017 S. 2020
2. On stalls with booths constructed by the lessees, per square meter or
fraction thereof, per month:
a. Dry Goods Section
b. Grocery Section
c. Vegetables and Fruits Section
d. Eating/Eater Section P1,000.00 P90.00/ sq. m
e. Flower Shop Section
f. Cold Storage
3. On spaces in the wet section and live fowls and piglets section, including
the poultry dressing area, per square meter or fraction thereof, per month:
a. Fish Section P750.00 P750.00
b. Meat Section P850.00
c. Live Fowls and Piglets Section P850.00 N/A
Bagsakan Section
1. Piglets N/A P20.00/head
2. Live Fowls P5.00/head
27.7 As can be gleaned from the table above, the imposition of the municipal
charges differs particularly on the rental fees of market stall. Under M.O.
No. 4, S. 2017, the rental fee was fixed in amount while under M.O. No. 1,
S. 2020, the same was computed on a per square meter basis.
27.8 Inquiry with the Municipal Economic Enterprise & Development Officer
(MEEDO), who is in-charge in the imposition and collection of these
market fees and charges revealed that for the months of January to
February 2020, the rental fees on market stalls were based on the M.O.
No. 1, S. 2020 but for the remaining months of the CY 2020, the LGU
opted to use the rates under M.O. No. 4, S. 2017 upon verbal notice given
by the Municipal Mayor. Further, in view of the issuance of SP Resolution
No. 884-2020 as aforementioned, the LGU immediately adopted the M.O.
No. 4, S. 2017.
27.9 Finally, given the invalidity of the provision on Market Fees and Charges
under Article G of M.O. No. 4, S. 2017 (Local Revenue Code of 2017) due
to its being confiscatory, the same should not be used as basis for the
imposition and collection of Market Fees and Charges by the LGU.
Therefore, the imposition and collection of Market Fees and Charges
based on Article G of the Local Revenue Code of 2017 is without legal
basis.
Recommendation:
Management’s Comments:
27.11 Management expressed their dismay on the issue but is still hopeful that
they will be able resolve the issues regarding the Municipal Revenue Code
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especially on the rates of Market Fees and Charges. Nevertheless,
Management assured compliance with the audit recommendation.
28. The objectives of the Gender and Development (GAD) Program to pursue
women’s empowerment and gender equality were not fully attained due to
the (a) non-establishment of sex-disaggregated data for the identification
of organization-focused gender issues, and (b) non-implementation of GAD
activities as planned and underutilization of the GAD Budget.
28.1 Items B.1 and B.2 of Section 4.0 of the PCW-DILG-DBM-NEDA Joint
Memorandum Circular (JMC) No. 2013-01 provide:
28.2 Inquiry disclosed that the LGU has no sex-disaggregated data for its
employees. For purposes of GAD, a sex-disaggregated data should
contain gender statistics and GAD-related information crucial for
evidenced-based planning and policy-making. One of the most important
components in coming up or formulating gender related issues is the
availability of sex-disaggregated data. Hence, the conceptualization of
Organization-focused PPAs to address gender issues that are not based
on or confirmed by sex-disaggregated data may continue the risk that the
programmed and implemented PPAs may not fully address the gender
issues and concerns.
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28.3 This is a prior year’s observation but reiterated due to its non-
implementation.
28.4 Item C.1.1 of the same JMC provides that “LGUs shall formulate their
annual GPBs within the context of their mandates to ensure gender
mainstreaming in their policies, programs and projects. GAD planning and
budgeting shall be integrated in the regular activities of the LGUs, the cost
of implementation of which shall be at least five percent (5%) of their total
Annual Budgets. The development, allocation and utilization of the GPB
shall be implemented in accordance with this JMC.”'
28.5 For CY 2020, the LGU allocated a total amount of P4.900 million or 5
percent of the total annual budget for its GAD-related activities. Review of
the GAD Plan and Budget and GAD Accomplishment Report as of
December 31, 2020 revealed that only P2.179 million or 44.46 percent of
the GAD Budget was utilized, while a balance of P2.722 million or 55.54
percent remained unutilized as of year-end. Details of which is shown in
the attached Appendix “G”.
Recommendation:
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the appropriate GAD-related activities to address the same, and
incorporate them in the GPB for costing; and
Management’s Comments:
28.9 Management commented that some of the activities in the GAD Plan for
CY 2020 were not implemented due to the strict observation of health
protocols based on the guidelines of the National Inter-Agency Committee
as measures to combat the COVID-19 Pandemic. Further, Management
commented that the hindering factor on the delay of establishing sex-
disaggregated data for the GFPS is the time to conduct workshop on data
gathering for GAD database among representatives per department of the
LGU. Nevertheless, Management assured compliance with the audit
recommendations in CY 2021.
29.1 During the Calendar Year (CY) 2020, the Municipality of Guipos was able
to comply with the withholding and remittance of taxes due to the Bureau
of Internal Revenue (BIR).
29.3 The above balances pertain to taxes withheld for the month of December,
2020 which were remitted on January, 2021.
30.1 During the CY 2020, the Municipality of Guipos was able to comply with
the withholding and remittance of employees’ personal shares due to
GSIS. The balance of Due to GSIS account as of December 31, 2020 is
summarized as follows:
Particulars Amount
Beginning balance, January 1, 2020 44,183.47
Amount withheld (January-December 2020) 7,523,606.69
Amount remitted (6,655,864.97)
Balance, December 31, 2020 911,925.19
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30.2 The balance pertains to amount withheld for the month of December, 2020
which was remitted on January, 2021.
30.3 Likewise, the Municipality complied with the remittance of GSIS employer’s
share amounting to P3.410 million during CY 2020.
31.1 During the CY 2020, the Municipality of Guipos was able to comply with
the withholding and remittance of employees’ personal shares due to Pag-
IBIG. The balance of Due to Pag-IBIG account as of December 31, 2020
is summarized as follows:
Particulars Amount
Beginning balance, January 1, 2020 268,986.26
Amount withheld (January-December 2020) 1,413,340.90
Amount remitted (1,248,029.50)
Balance, December 31, 2020 434,297.66
31.2 The balance pertains to amount withheld for the month of December, 2020
which was remitted on January, 2021.
32.1 During the CY 2020, the Municipality of Guipos was able to comply with
the withholding and remittance of employees’ personal shares due to
PhilHealth. The balance of Due to PhilHealth account as of December 31,
2020 is summarized as follows:
Particulars Amount
Beginning balance, January 1, 2020 17,419.23
Amount withheld (January-December 2020) 800,378.84
Amount remitted (710,186.46)
Balance, December 31, 2020 107,611.61
32.2 The balance pertains to amount withheld for the month of December, 2020
which was remitted on January, 2021.
33.1 For CY 2020, the Municipality of Guipos insured with the GSIS some of its
insurable properties to include the public market, motor vehicles and heavy
equipments, as follows:
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Insurance
Description Cost of PPE Remarks
Premium Paid
Guipos Public 25,906,440.19 598,873.99 Policy No. FI-NM-
Market GSISPAG-0000739
Foton View Donated from 4,323.51 Policy No. MV-PC-
Ambulance 2012 PCSO GSISPAG-007109
2016 Isuzu Elf 1,199,900.00 5,100.12 Policy No. MV-CV-
Dropside GSISPAG-0005085
Fuso Mignon 1,455,000.00 10,341.72 Policy No. MV-CV-
Dump Truck 2016 GSISPAG-0005086
Isuzu Forward 1,725,000.00 12,760.92 Policy No. MV-CV-
Dump Truck 2016 GSISPAG-0005087
Total 30,286,340.19 631,400.26
Principal Outstanding
Creditor Purpose Date Term
Amount Balance
LBP/ Economic 2007 15 18,600,000.00 1,664,814.59
MBUSSP Development
LOGOFIND Social and 2007 15 2,202,406.05 412,939.62
Education
Development
DMAF/ Heavy 2015 10 34,600,000.00 18,136,002.02
MDFO Equipment
ARCP Economic 2015 15 10,538,463.19 8,536,957.05
Irrigation Development
for Farmers
LBP Construction of 2019 20 29,747,035.45 28,618,499.41
MBUSSP 1 New Public
Market
LBP IRA Unidentified 0.02
Total 95,687,904.69 57,369,212.71
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37. HIRING OF AND PAYMENTS TO JOB ORDERS
37.1 The Municipality of Guipos hired one hundred thirty-eight (138) individuals
covered with Job Order for CY 2020 on a semestral basis to augment the
eighty-four (84) duly filled-up regular plantilla positions. Their salaries and
wages were charged against the Personal Services (PS) in the total
amount of P3.927 million.
38.1 The total audit suspensions, disallowances and charges found in the audit
of various transactions of the Municipality of Guipos as of December 31,
2020, are based on the Notice of Suspension (NS)/Notice of Disallowance
(ND)/Notice of Charge (NC) issued by this Commission, as summarized
hereunder:
38.2 NS/ND/NC issued prior to effectivity of the 2009 Rules and Regulations on
the Settlement of Accounts (RRSA) are not included in the reflected
balance but are deemed disallowances/charges which shall continue to be
enforced in accordance with these Rules as provided under Section 28
thereof.
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