Professional Documents
Culture Documents
TREASURY
OPERATIONS
MANUAL
1
MESSAGE
I strongly believe that local treasurers play one of the most challenging roles in
local governance. Their awesome responsibilities include among others, their
involvement in every major LGU activity and concern, membership in various local
special bodies and committees addressing LGU financial commitments, custodians and
distributors of election paraphernalia, including the safekeeping of ballot boxes during
election period.
Their core function, however, revolves around the vital aspects of resource
generation, custody and proper disbursement and management of funds, maintaining and
operating the tax information system, and providing local policymakers with vital
information on matters relating to public finance. On their shoulders rest the financial
viability and sustainability of every LGU in this country. Their effectiveness in their jobs
contributes significantly to the increase in national income.
Like all operating systems, this Manual has to be dynamic. Users of this Manual
have as much responsibility as those who developed it for its continuing improvement
and enhancement. This Manual should be a work in progress towards the migration to
automation of the local treasury operations, moving the treasury processes towards
minimal paper transactions with the least face to face contacts, ultimately providing
faster, responsible and accessible local finance operational services. There should be a
continuing evolvement of more efficient systems through the issuance of supplemental
rules and regulations, and capability and capacity building of local treasurers.
I envision standards of high excellence in local treasury operations with the help
of this Manual.
MARGARITO B. TEVES
Secretary
Department of Finance
2
MESSAGE
I take pride for the long awaited realization of the Local Treasury Operations
Manual, particularly because it is the product of the meaningful partnership between
Bureau of Local Government Finance (BLGF) and the Local Government Units (LGUs).
The Manual is intended to serve as toolkit to local treasurers in the effective performance
of their multifaceted jobs under the local autonomy regime. It should likewise be useful
to the barangay treasurers who act as deputized agents of the local treasurers in the
collection of local taxes and in tax collection campaign activities of the LGUs. It
supersedes the Revised Manual of Instructions to Treasurers of 1954.
The Manual redefines and refocuses the duties and responsibilities of local
treasurers from being collector of taxes and custodian of funds to the broader, more
challenging role of revenue generator, resource mobilizer, and fund manager. Within this
new context, the local treasurer, as chair of the local finance team, is expected to show
greater flexibility and creativity in pursuing new, non-traditional ways of raising money
to support the needs of LGUs not only for its operating expenses, but for improving the
delivery of basic services and undertaking development projects.
The local treasurer’s job is exacting, and at times exasperating. But it could also
be exalting. As keeper of public funds, local treasurers are required to be cautious,
accurate, and like Caesar’s wife be beyond suspicion. They bear the brunt of blame and
unmerited graft charges for missing, misappropriated or mismanaged funds. Some have
succumbed to the temptation of custodianship of funds or from the rigors of accusations
and investigations that public officials especially those with fiduciary functions are
exposed to. It is gratifying to know, however, that majority of them have risen to the
demands of their duties and responsibilities and proven to be high performers, and
deserving of public trust.
I look forward to seeing more local treasurers evolve as real fiscal advisers to
their respective LGUs and agents of change towards making their LGUs less dependent
on the IRA and more financially capable to provide better service to the people.
3
FOREWORD
4
ACKNOWLEDGEMENT
5
LOCAL
TREASURY
OPERATIONS
MANUAL
6
ACRONYMS
ACR - Abstract of Collection Report
ADB - Asian Development Bank
ADP - Authority for Debit Payment
AGDB - Authorized Government Depository Bank
AJE - Adjusting Journal Entry
AO - Accountable Officer
AOM - Audit Observation Memorandum
APP - Annual Procurement Plan
ARMM - Autonomous Region in Muslim Mindanao
ARO - Allotment Release Order
BAC - Bids and Awards Committee
BEI - Board of Election Inspectors
BIR - Bureau of Internal Revenue
BLGF - Bureau of Local Government Finance
BLT - Build-Lease-and Transfer
BMBE - Barangay Micro Business Enterprises
BOO - Build-Own-and Operate
BOT - Build-Operate-and Transfer
BRK - Barangay Record Keeper
BSP - Bangko Sentral ng Pilipinas
BT - Barangay Treasurer
BT - Build-and Transfer
BTO - Build-Transfer-and Operate
BTR - Bureau of the Treasury
CA - Certificate of Authority
CAO - Contract-Add-and Operate
CDF - Cash Disbursement Forecast
CFA - Cash Flow Analysis
CFF - Cash Flow Forecast
CHBReg - Cash On Hand and in Bank Register
CM - Credit Memo
CN - Credit Notice
CO - Capital Outlay
COA - Commission on Audit
COE - Current Operating Expenses
COMELEC - Commission on Elections
CRAAF - Consolidated Report of Accountability for Accountable Forms
CRDReg - Cash Receipts and Deposits Register
CRF - Cash Receipts Forecast
CSB - Certificate of Settlement and Balances
CSC - Civil Service Commission
CT - Community Tax
CTC - Community Tax Certificate
DBC - Deputized Barangay Collector
i
DBM - Department of Budget and Management
DBP - Development Bank of the Philippines
DepEd - Department of Education
DM - Debit Memo
DOF - Department of Finance
DOH - Department of Health
DOJ - Department of Finance
DOST - Department of Science and Technology
DOTC - Department of Transportation and Communication
DV - Disbursement Voucher
FE - Financial Expenses
GAAM - Government Accounting and Auditing Manual
GDF - Gender and Development Fund
GF - General Fund
GOCC - Government Owned and Controlled Corporation
GSIS - Government Service Insurance System
HLURB - Housing and Land Use Regulatory Board
ICO - In-Charge of Office
ICS - Inventory Custodian Slip
IRA - Internal Revenue Allotment
IRR - Implementing Rules and Regulations
IT - Itinerary of Travel
IUEEU - Irregular, Unnecessary, Excessive, Extravagant or Unconscionable
JEV - Journal Entry Voucher
LBM - Local Budget Matrix
LBP - Land Bank of the Philippines
LCE - Local Chief Executive
LDP - Local Development Plan
LFC - Local Finance Committee
LGC - Local Government Code
LGU - Local Government Unit
LMB - Land Management Bureau
LO - Liquidating Officer
LOA - Letter of Authority
LR - Liquidation Report
LTO - Local Treasury Operations
MB - Monetary Board
MDF - Municipal Development Office
MDFO - Municipal Development Fund Office
MMA - Metro Manila Area
MMDA - Metro Manila Development Authority
MOA - Memorandum of Agreement
MOOE - Maintenance and Other Operating Expenses
MOU - Memorandum of Understanding
MTOP - Motorized Tricycle Operators Permit
NC - Notice of Charge
ii
NCA - Notice of Cash Allocation
ND - Notice of Disallowance
NEDA - National Economic and Development Authority
NGAS - New Government Accounting System
NIRC - National Internal Revenue Code
NPC - National Power Corporation
NPO - National Printing Officer
NPV - Net Present Value
NS - Notice of Suspension
NSO - National Statistics Office
ObR - Obligation Request
ODA - Official Development Assistance
OIC - Officer-In-Charge
OR - Official Receipt
PAR - Property Acknowledgement Receipt
PB - Punong Barangay
PCF - Petty Cash Fund
PCFReg - Petty Cash Fund Register
PCV - Petty Cash Voucher
PDAF - Priority Development Assistance Fund
PI - Public Infrastructure
PNB - Philippine National Bank
PO - Purchase Order
PPE - Plant, Property and Equipment
PS - Personal Services
RAAF - Report of Accountability for Accountable Forms
RAAO - Register of Appropriation, Allotments and Obligations
RAC - Registry of Appropriation and Commitments
RATA - Representation and Transportation Allowance
RCD - Report of Collections and Deposits
RCI - Report of Checks Issued
RIS - Requisition and Issue Slip
RMIT - Revised Manual of Instructions to Treasurers
ROO - Rehabilitate-Own-and Operate
ROT - Rehabilitate-Operate-and Transfer
RPT - Real Property Tax
RPTAR - Real Property Tax Register
RPTOP - Real Property Tax Order of Payment
SAM - State Audit Manual
SB - Sangguniang Bayan
SCD - Summary of Collections and Deposits
SCkI - Summary of Checks Issued
SCP - Summary of Cash Payments
SCR - Summary of Collections and Remittance
SEF - Special Education Fund
SIE - Statement of Income and Expenditures
iii
SKF - Sangguniang Kabataan Fund
SOE - Statement of Expenditures
SPL - Special Leave Privilege
SPPCV - Summary of Paid Petty Cash Vouchers
SRE - Statement of Receipts and Expenditures
SRS - Statement of Receipt Sources
TDAF - Tax Data and Assessment Form
TO - Travel Order
UBOM - Updated Budget Operations Manual
VAT - Value Added Tax
VDS - Validated Deposit Slip
WB - World Bank
iv
LOCAL TREASURY OPERATIONS MANUAL
TABLE OF CONTENTS
A. Introduction
1. Title 1
2. Overview 1
B. Rationale
1. Major Changes in Fiscal Organization Since the RMIT was Issued 2
2. The Local Government Code of 1991-RA 7160 2
3. The Present Role of Local Treasurers 3
C. Objectives of Manual 4
D. How to Use the Manual 4
E. Relationship to Existing Laws, Issuances And Pronouncements of Other Fiscal 6
and Regulatory Agencies
BOOK ONE
FISCAL ORGANIZATION OF LOCAL GOVERNMENTS AND THE
LOCAL TREASURER
v
Sec. 10. Designation of Officer-In-Charge/In-Charge of Office of Provincial, City 16
and Municipal Treasurers and Acting Assistant Provincial, City and
Municipal Treasurers
Sec. 11. Distinction Between Officer-In-Charge and In-Charge of Office 18
Sec. 12. Automatic Succession at the Provincial/City Treasurer’s Office 19
Sec. 13. Automatic Succession at the Municipal Treasurer’s Office 20
Sec. 14. Appointment and Qualifications of Barangay Treasurer 20
Sec. 15. Processing of Appointments of Provincial, City and Municipal 20
Treasurers and Assistant Provincial, City and Municipal Treasurers
Sec. 16. Salaries of Local Treasurers on Detail or Temporary Assignment 22
Sec. 17. Salaries of Local Treasurers During Suspension 22
Sec. 18. Salaries During Attendance in Administrative, Civil or Criminal 23
Investigation
Sec. 19. Approval of Application for Leave of Absence 24
Sec. 20. Duties and Responsibilities of the Provincial, City and Municipal 29
Treasurer
Sec. 21. Duties and Responsibilities of the Assistant Local Treasurer 32
Sec. 22. The Role of Local Treasurers in the Enactment or Amendment of Revenue 34
Ordinance of Local Government Units
Sec. 23. The Role of Local Treasurers in the Collection of Delinquent Local Taxes, 35
Fees, Charges, and Related Surcharges
Sec. 24. The Role of Local Treasurers in Local Committees and Boards Created 35
Pursuant to the Local Government Code of 1991 and Other Laws
Sec. 25. The Role of Local Treasurers in National and Local Elections Pursuant to 38
the Omnibus Election Code
vi
Sec. 26. Guidelines on Bonding of Local Treasurers 42
Sec. 27. Schedule of Bonds 43
Sec. 28. Accountable Officers Considered Unsafe Risks 44
Sec. 29. Cancellation of Bonds of Local Officials or Employees Which are No 44
Longer Necessary
Sec. 30. Extent of Liability of the Fidelity Bond 44
Sec. 31. Validity of Fidelity Bonds 45
Sec. 32. Adjudication of Claims Against the Fidelity Bond 45
BOOK TWO
RECEIPTS AND COLLECTION OF LOCAL INCOME, REVENUES AND
OTHER FUND SOURCES
Sec. 53. Fundamental Principles on Collection of Local Taxes, Fees, Charges and 65
vii
Other Receipts
Sec. 54. General Controls on Collection 65
Sec. 55. Handling of Dishonored Checks Received as Collection 68
Sec. 56. Control and Accountability for Official Receipts and Other Accountable 71
Forms 77
Sec. 57. Daily Turnover and Verification of Collections 78
Sec. 58. Designation of Liquidating Officers for Collections 78
81
Sec. 59. Procedures and Controls on Deposit of Collections with Authorized
Sec. 59. Procedures and Controls on Deposit of Collections with Authorized
Depository Banks
Sec. 60. Maintenance and Use of the Cashbook by Local Treasurers, Cashiers,
Liquidating Officers, Tellers, Collectors and Other Local Accountable
Officers
Sec. 61. Forms and Reports Used by Local Treasury Officials 82
Sec. 62. Policies, Rules and Procedures on Barangay Collections and Remittances
and Deposit 84
Sec. 63. Direct Remittance to Barangay Bank Account 87
Sec. 64. Recording of Receipt, Deposits and Remittances of Barangay Collections 87
\
BOOK THREE
EXPENDITURES AND DISBURSEMENTS
viii
Sec. 70. Definition and Types of Appropriation 102
Sec. 71. Use of Appropriated Funds 102
Sec. 72. The Allotments System 103
Sec. 73. Obligation of Local Funds 104
Sec. 74. Government Expenditures 104
Sec. 81. Policies and Procedures on Barangay Appropriations and Commitments 127
Sec. 82. Registry of Appropriations and Commitment 129
Sec. 83. Basic Supporting Documents for Barangay Disbursements 130
Sec. 84. Barangay Disbursement by Checks Drawn Against Barangay Funds
Maintained with Depository Bank 131
Sec. 85. Barangay Disbursement by Checks Drawn Against Barangay Funds 132
Deposited with the City or Municipal Treasury
Sec. 86. Barangay Disbursement Out of Cash Advance for Payroll Charged 132
Against Barangay Funds Maintained with Depository Bank
Sec. 87. Barangay Disbursements Out of Cash Advance from Payroll Charged 133
Against Barangay Funds Deposited with the City or Municipal Treasury
Sec. 88. Disbursement Out of Cash Advance for Travel and Special Purpose/Time- 135
Bound Undertaking
Sec. 89. Barangay Disbursement Out of the Petty Cash Fund 136
Sec. 90. General Guidelines on the Preparation of the Sangguniang Kabataan (SK) 138
Budget
Sec. 91. SK Disbursements 138
ix
BOOK IV
FUND MANAGEMENT PRACTICES, ACCOUNTABILITY, CASH
EXAMINATION, SHORTAGES AND SETTLEMENT OF ACCOUNTS OF
LOCAL TREASURERS, AND LIABILITIES OF LOCAL TREASURERS IN
THE ADMINISTRATION OF LOCAL TAXES, FEES, AND CHARGES
x
Sec. 130. Shortages; Malversation 166
Sec. 131. Presentation of Formal Written Demand to the Accountable Officer 166
Sec. 132. Seizure of Office by the Examining Officer 167
Sec. 133. Notice to the Bureau of Local Government Finance in Case of Shortages 167
Sec. 134. Constructive Distraint of Property of Accountable Officer 167
Sec. 135. Withholding of Payment of Money to Accountable Officer 168
Sec. 136. Cash Overage 168
Sec. 137. Transcript of Auditor's Record as Evidence of Liability 167
Sec. 138. Auditor's Certificate of Balance 169
Sec. 139. Auditor's Notice to Accountable Officer of Balance Shown Upon 169
Settlement
Sec. 140. Certificate of Settlement and Balances (CSB) 169
Sec. 141. Notice of Suspension (NS) 170
Sec. 142. Notice of Disallowance (ND) 170
Sec. 143. Credit Notice (CN 170
Sec. 144. Notice of Charge (NC) 171
Sec. 145. Audit Observation Memorandum (AOM) 171
Sec. 146. Auditor's Order 171
Sec. 147. Grounds for Suspension 172
Sec. 148. Settlement of Suspensions 172
Sec. 149. Grounds for Disallowance 173
Sec. 150. Grounds for Charges 173
Sec. 151. Settlement of Disallowance and Charges 173
Sec. 152. Determination of Persons Liable for Audit Disallowances or Charges 173
Sec. 153. Finality of the Report, Certificate of Settlement and Balances, Order or 174
Decision
Sec. 154. Motion for Reconsideration 174
Sec. 155. Appeal from Auditor to Director 174
Sec. 156. Appeal from Director to Commission Proper 175
Sec. 157. Failure of a Responsible Public Officer to Render Accounts Before 175
Leaving the Country
BOOK FIVE
DETAILED PROCEDURES ON REAL PROPERTY TAX BUSINESS TAX
FEES AND CHARGES AND OTHER RESOURCE MOBILIZATION
xi
Chapter 1. REAL PROPERTY TAXES
xii
Sec. 194. Definition of Terms 211
Sec. 195. Tax on Transfer of Real Property Ownership 216
Sec. 196. Tax on the Business of Printing and Publication 217
Sec. 197. Franchise Tax 218
Sec. 198. Tax on Sand, Gravel, and Other Quarry Resources 219
Sec. 199. Professional Tax 220
Sec. 200. Amusement Tax 221
Sec. 201. Annual Fixed Tax on Delivery Vehicles of Manufacturers, Producers
Wholesalers, Dealers, and Retailers of Certain Products 223
Sec. 202. Scope of Taxing Powers of Municipalities 223
Sec. 203. Tax on Business 223
Sec. 204. Tax on Manufacturers, Assemblers, Repackers, Processors, Brewers,
Distillers, Rectifiers, and Compounders of Liquors Distilled Spirits, and
Wines or Manufacturers of Any Article of Commerce of Whatever Kind
or Nature
Sec. 205. On Wholesalers, Distributors, or Dealers in Any Article of Commerce 224
of Whatever Kind
Sec. 206. On Exporters and on Manufacturers, Millers, Producers, Wholesalers, 225
Distributors, Dealers, or Retailers of Essential Commodities Listed
Below
Sec. 207. On Retailers 225
Sec. 208. Contractors and Other Independent Contractors 227
Sec. 209. Banks and Other Financial Institutions 229
Sec. 210. Peddlers Engaged in the Sale of Any Merchandise or Articles of 231
Commerce 236
Sec. 211. Other Businesses
Sec. 212. Taxing Powers of Municipalities within Metro Manila 236
Sec. 213. Scope of Taxing Powers of Cities 237
Sec. 214. Professional and Amusement Tax Rates 237
Sec. 215. Sharing of Tax on Quarry Resources in Highly Urbanized Cities 238
Sec. 216. Scope of Taxing Powers of Barangays 238
Sec. 217. Related or Combined Businesses 240
Sec. 218. Situs of the Tax 241
Sec. 219. Retirement of Business 244
Sec. 220. Community Tax 245
Sec. 221. An Instance When a Corporation is Liable for Franchise Authorized under 249
Section 137 of the Local Government Code of 1991, Despite Exemption 250
Granted Under Its Charter
Sec. 222. Variations of the “In Lieu” Clause in the Terms of Franchise 251
Sec. 223. Uncollected Gross Receipts are Included in Computing Franchise Tax
xiii
Sec. 224. Authority to Impose and Collect Fees and Charges 252
Sec. 225. Definition of Terms 253
Sec. 226. Common Revenue Raising Powers 253
Sec. 227. Criteria in Determining the Reasonableness of Fees and Charges 254
Sec. 228. Mayor’s Permit 254
Sec. 229. Fees for Sealing and Licensing Weights and Measures 258
Sec. 230. Fishery Rentals, Fees and Charges 259
Sec. 231. Fees and Charges that May be Imposed by Barangays 260
Sec. 232. Fees and Charges that May be Imposed by Local Government Units 260
Sec. 233. Fees and Charges Collected by Local Government Units for National 261
Government
Sec. 234. Building Permit 262
Sec. 235. Permit Fee for Zoning and Locational Clearance Permit 262
Sec. 236. Motorized Tricycle Operator’s Permit 267
Sec. 237. Registration and Transfer of Large Cattle 269
Sec. 238. Permit Fee for Excavation on Streets 270
Sec. 239. Permit Fee for Sealing and Licensing of Weights and Measures 271
Sec. 240. Permit Fee on Film Making within the Local Government Unit’s Territory 274
Sec. 241. Permit Fee on Agricultural Machinery and Other Heavy Equipment for
Lease 274
Sec. 242. Permit Fee on Occupation/Calling not Requiring Government
Examination
Sec. 243. Permit Fee for the Storage of Flammable and Combustible Materials 275
Sec. 244. Permit Fee on Certain Types of Machineries and Engines 278
Sec. 245. Permit Fee for temporary Use of Roads, Streets, Sidewalks, Alleys, 279
Patios, Plazas, and Playgrounds
Sec. 246. Permit Fee for the Conduct of Group Activities 279
Sec. 247. Secretary’s Fees 279
Sec. 248. Local Civil Registry Fees 280
Sec. 249. Police Clearance 280
Sec. 250. Sanitary Inspection Fee 281
Sec. 251. Service Fees for Health Examinations 282
Sec. 252. Dog Registration and Vaccination Fees 282
Sec. 253. Fishery Rentals, Fees, and Charges 283
Sec. 254. Service Charge for Garbage Collection 284
Sec. 255. Charges for Parking 286
Sec. 256. Cemetery Charges 287
Sec. 257. Slaughter and Corral Fees 287
Sec. 258. Toll Fees or Charges 287
Sec. 259. Permit for Cockpit Owners/Operators/Licensees/Promoters and 288
Personnel
xiv
Sec. 260. Political and Corporate Nature of LGUs 291
Sec. 261. Nature of Government Enterprise 291
Sec. 262. Ordinance Establishing and Governing the Enterprise 291
Sec. 263. Basic Services and Facilities 292
Sec. 264. Examples of Government Enterprises 296
Sec. 265. Role of Treasurers in Government Enterprise Operations 296
Sec. 266. Private Sector Participation in the Operation and Management of Local 297
Government Unit Enterprises
Sec. 267. Common Modes of Contracting for Local Government Units 297
Sec. 268. Barangay Micro Business Enterprise (BMBE) 299
Sec. 269. Registration of BMBEs 299
Sec. 270. When is a business enterprise “barangay-based” 300
Sec. 271. Meaning of Micro-Business in Nature and Scope 300
Sec. 272. Registration of BMBEs 301
Sec. 273. Exemption of BMBEs from Taxes and Fees 301
Sec. 274. Submission of Documents for Registration of BMBE 301
Sec. 275. Verification of Qualifications 302
Sec. 276. Issuance of the Certificate of Authority 302
Sec. 277. Registration Fee 302
Sec. 278. List of Registered BMBEs to be Furnished the Bureau of Internal 302
Revenue
Sec. 279. Periodic Evaluation by the Local Treasurer 302
Sec. 280. Cancellation of Registration 303
Sec. 281. Exemption of BMBEs from Income 303
Sec. 282. Determination of the Value of Assets of the BMBE for Income Tax 304
Exemption Purposes
Sec. 283. Procedures in the Availment of Tax Incentives 304
Sec. 284. Filing of Annual Information Return 305
Sec. 285..Where and When to File the Annual Information Return 305
Sec. 286. Revocation of Income Tax Exemption Privilege 305
xv
Sec. 294. Tax Exemption Privileges of Local Government Units 313
Sec. 295. Limitations on the Use of Credit Lines to Stabilize Local Finance 315
Sec. 296. Common Requirement for Credit Financing of Local Development
Projects 315
Sec. 297. Acceptable Collateral
Sec. 298. Special Account for Loans, Interests, Bonds, and Contributions for 315
Specific Purposes 315
Sec. 299. Other Requirement for Loans, Deferred Payments and Other Financial 316
Schemes
Sec. 300. Inter-LGU Loans, Grants and Subsidies 316
Sec. 301. Joint and Several LGU Loan Arrangements 317
Sec. 302. Loans from Funds Secured by the National Government from Foreign 317
Sources 319
Sec. 303. Deferred Payments and Other Financial Schemes 322
Sec. 304. Bonds and Other Long Term Securities 323
Sec. 305. Private Sector Financing Under BOT Arrangement
Sec. 306. Authority to Negotiate and Execute
Sec. 307. Prohibited Acts
BOOK SIX
LOCAL TREASURY OPERATIONS (LTO) ANNEXES AND FORMS
LTO
Annex/Form
Number
BOOK TWO. Receipt and Collection of Local Income, Revenues and Other Fund Sources
xvi
11 Consolidated Report of Accountability for Accountable Forms
12 Report of Collections and Deposits
13 Process Flow on LGU Receipts, Collections and Deposits
14 Statement of Receipts and Expenditures (SRE)
15 Barangay Cash Receipt and Deposit Register
16 Barangay Cash-on-Hand and in-Bank Register
17 Barangay Report of Accountability of Accountable Forms
18 Barangay Consolidated Report of Accountability of Accountable
Forms
19 Summary of Barangay Collections and Deposits
20 Summary of Barangay Collections and Remittances - BT
21 Summary of Barangay Collections and Remittances -DBC
22 Process Flow on the Receipt and Recording of Collection by
Barangay Treasurer
23 Process Flow on the Receipt and Recording of Collections by
Deputized Barangay Collectors
24 Process Flow on the Receipt and Recording of Collections by
Barangay Treasurer as Deputized by the City/Municipal Treasurer
25 Process Flow on the Receipt and Recording of Barangay Bank
Debit/Credit Memo and Bank Statement
26 Letter of Authority/Appointment
27 Tax Data Working Paper
28 Tax Data and Assessment Form
29 Letter of Assessment/Assessment Notice (Initial)
30 Letter of Assessment/Assessment Notice (Second Notice)
31 Letter of Assessment/Assessment Notice (Final Notice)
32 Final Notice Before Issuance of Warrant to Distraint and Levy
33 Non-Presentation of Documents
34 Final Notice on Non-Presentation of Documents
35 Letter of Confirmation
36 Certificate of Confirmation
37 Certificate of Examination
38 Assessment Notice (Initial)
39 Final Demand
40 Obligation Request
41 List of Minimum Documentary Requirements for Specific Expense
Items
42 Disbursement Voucher
43 General Payroll
44 Daily Wage Payroll
45 Check Register
46 Report of Checks Issued
47 Process Flow on Disbursement By Check
xvii
48 Accountant’s Advice of Local Check Disbursement
49 Report of Disbursement
50 Liquidation Report
51 Process Flow on Cash Disbursement
52 Process Flow on Disbursement Through Bank-Payroll Payment
53 Petty Cash Voucher
54 Petty Cash Replenishment Report
55 Procedures Flow on Petty Cash Fund Disbursement, Liquidation, and
Replenishment
56 Barangay Disbursement Voucher
57 Barangay Payroll
58 Barangay Purchase Order
59 Barangay Purchase Request
60 Summary of Barangay Checks Issued
61 Barangay Check Disbursement Register
62 Process Flow on Barangay Disbursement by Check
63 Summary of Barangay Cash Payments
64 Barangay Cash Disbursement Register
65 Barangay Liquidation Report
66 Process Flow on the Receipt of Barangay Cash Advance, Payment
and Liquidation of Payroll/Travel
67 Barangay Petty Cash Voucher
68 Summary of Barangay Paid Petty Cash Vouchers
69 Barangay Petty Cash Fund Register
70 Process Flow on the Establishment of Barangay Petty Cash Fund,
Payment and Liquidation
71 Barangay Inspection and Acceptance Report
72 Barangay Register and Issue Slip
73 Barangay Inventory Custodian Slip
74 Barangay Property Acknowledgement Receipt
75 Transfer of Barangay Money and Property Accountability
76 Barangay Waste Material Report
77 Barangay Supplies Logbook
78 Process Flow on Barangay Requisition, Issuance and Delivery of
Materials and Supplies
79 Process Flow on Barangay Requisition, Issuance and Delivery of
Property and Equipment
80 Process Flow on Barangay Reporting of Physical Count of PPE
xviii
84 Cash Flow Analysis
85 Present Value of an Annuity of 1 to be Received for a Year
86 Invoice Receipts of Transfer of Accountabilities
87 Internal Control Concepts, Policies and Procedures
88 Internal Control Questionnaire
BOOK FIVE. Detailed Procedures on Real Property, Business Tax, Business Tax, Fees and
Charges and Other Resource Mobilization
xix
FISCAL
ORGANIZATION
OF LOCAL
GOVERNMENT
AND THE LOCAL
TREASURER
BOOK ONE
1
LOCAL TREASURY OPERATIONS MANUAL
A. INTRODUCTION
1. TITLE
2. OVERVIEW
The need and importance of this updated Manual was realized when the Implementing
Rules and Regulations (IRR) of Republic Act No. 7160, otherwise known as “The Local
Government Code of 1991” (LGC) was prepared. Article 456 of the IRR provides the
mandate for the Department of Finance (DOF) and the Commission on Audit (COA) to
“promulgate a Treasury Operations Manual for local government units”. While the
Commission on Audit has issued the Manual on New Government Accounting System
(NGAS) for LGUs in September 2002, the DOF has yet to formally adopt an operating
manual for local treasury operations.
The “Revised Manual of Instructions to Treasurers” (RMIT) which was last published in
1954, could be considered as the predecessor of the present Manual. Although the RMIT
has not been updated since then, many Local Treasurers still refer from it – as well as
from some privately authored publications – to fill the need for references on topics not
specifically covered by subsequent laws, rules, regulations and issuances.
Since the last publication of the RMIT, however, major changes have taken place in the
organization of fiscal functions at all levels of government. These changes have had
major impact on the nature, scope, and operations of Local Treasurers, as well as on the
roles and relationships of practically all fiscal offices and officers. Thus, the RMIT had
2
been rendered obsolete except, perhaps, insofar as it touches on the more or less
permanent principles that underlie the functions and responsibilities of Local Treasurers.
This Manual seeks to provide local government treasurers with an updated reference.
Aside from being a replacement of the RMIT as a basic source of guidance in discharging
their functions, this Manual introduces them the new perspectives that they must adopt,
and the new tools that they must acquire in order to support the expanded role that local
governments have assumed in managing the development process in their respective
jurisdictions.
B. RATIONALE
Since the publication of the RMIT in 1954, the various financial responsibilities that have
been vested singularly in the Office of the Local Treasurer, including responsibilities in
budgeting, accounting, auditing, supply management, and real property assessment, as
well as financing, comptrollership, and custody and disbursement of funds – have been
reorganized. Some of the major functions have been separated from the treasury function
and distributed among different, albeit coordinated offices.
Even before R.A. 7160 or “The Local Government Code of 1991” was promulgated and
became effective in January 1992, a number of laws preceding it had instituted significant
changes that laid the groundwork for the present fiscal system under a decentralized local
government system. Many of these changes, particularly those that sought to expand the
autonomy of local governments (R.A. 2264, R.A. 2370 and R.A. 5185) were eventually
adopted in the LGC, as well as provisions in those laws that sought to improve the fiscal
operations and organization of local governments (P.D. 231, as amended by P.D. 426;
P.D. 464 and P.D. 477).
These laws, and the provisions affecting fiscal organization and functions, are
summarized in Local Treasury Operations (LTO) Annex 1 of this Manual.
The most far-reaching and profound changes in local governance and fiscal organization
were instituted with the enactment of R.A. 7160 in 1991. When the LGC took effect on
January 1, 1992, it brought about a major shift in the relationships between the national
government and the local governments, establishing a new framework of decentralized
governance within which important powers, functions and responsibilities previously
exercised by the national government were assumed by the local government units
(LGUs). Within the decentralized framework, the LGUs took charge of directly
stimulating and managing local development, with the national government providing the
necessary environment and guidelines.
3
In a sense, the LGC incorporated and made permanent many of the fiscal measures that
had been introduced by the series of laws outlined in Annex 1 of this Manual that sought
to institute greater local autonomy and decentralization, as well as local fiscal reform.
However, the LGC went far beyond those previous laws, by establishing the LGUs as the
prime movers of local development fully defining their powers, responsibilities, and
authorities and placing at their disposal not only the resources needed to provide services
and promote development, but also the means to access additional resources for their
purposes.
The devolution of powers and resources has made the LGUS more fully responsible for
their financial management. During the transition when the LGC became operative in
1992 up to the present, the LGUs had to learn not only the basics of using fiscal
operations to support their mandates for service delivery and development, but also how
to avail of the innovative financial opportunities introduced by new legislation to improve
the resource-generating capacities of local governments.
Among their effects, the changes in fiscal organization that were instituted by the series
of laws served to focus the Office of the Local Treasurer on the functions of financial
advice; fund management; sourcing, collection, custody and disbursement of funds, with
some residual functions of comptrollership retained as necessary elements of the
financing and fund management functions.
With these responsibilities for local government financing and fund management, Local
Treasurers have become principals in the flux of fiscal changes and innovations taking
place among LGUs. They have to understand and assume their roles within the new set-
up and environment, and build their expertise in the innovative approaches that have
become available through legislation – such as the LGUs’ expanded authority to borrow,
to tap bond and treasury market facilities, and to deal with the increasingly direct flows
from foreign-assisted projects and programs.
At the same time, Local Treasurers have to enable LGUs, in their fiscal operations, to
balance the potentials of their taxing authority with the need to maintain an attractive and
conducive environment for local businesses; rationalize fees and charges, so that, services
can be viably sustained without rendering them unaffordable or oppressive to
constituents; and provide sustainable services under non-traditional approaches.
Amid these new dimensions and challenges in their work, it remains an all-important goal
for Local Treasurers to remain steadfast in discharging the core elements of their
traditional roles as repositories and guardians of public assets, and as advocates and
public advisers for soundness and sobriety in fiscal management. The measure of their
success remains to be their ability to conduct these core functions even as they adapt to
the new demands of proactive local governance and development.
4
C. OBJECTIVES OF THIS MANUAL
1. To provide Local Treasurers with a single, updated reference that will guide
them in discharging their functions under the decentralized framework and
environment of the LGC;
2. To provide Local Treasurers with a basis for developing their own capabilities
to respond to the demands of their roles within the new LGU and fiscal
management structures;
4. To introduce to Local Treasurers the basic concepts and tools of the non-
traditional functions of LGUs in which they may be involved in whether as
principals or as advisers.
This MANUAL is organized into SIX (6) BOOKS. Under each Book are several
Chapters and Sections. The content and description of each Book is briefly presented
below:
This Book describes the fiscal organization or creation of provinces, cities and
municipalities and the qualifications, appointments, roles, responsibilities and functions
of the Local Treasurers. It consists of six (6) chapters.
5
Chapter 4. The Local Treasurer’s Roles and Responsibilities
Chapter 5. Other Roles of the Local Treasurer
Chapter 6. Bonding of Local Treasurers and Other LGU
Accountable Officers
This Book describes the taxing powers of provinces, cities, municipalities and barangays,
and the different types of taxes, fees, charges and other impositions levied and collected
by each LGU. More importantly, this Book details the fundamental principles of good
fiscal management, as well as principles on internal control, practices and procedures
governing the receipt, collection, custody, deposit, reporting and management of all
revenues and receipts of the LGUs. It consists of three (3) chapters.
6
This Book introduces to the Local Treasurer the different contemporary cash
management practices on cash flow forecasting, discounted cash flow, net present value
of money, debt and other credit financing packages, credit worthiness rating, financing
modalities, and debt management. This Book also incorporates the concepts and
guidelines on accountability and responsibility of Local Treasurers, procedures and
remedies on cash shortages, as well as the detailed examination by the Commission on
Audit (COA) of accounts of the Local Treasurers. Also included in this Book are the
administrative, civil and criminal liabilities of the Local Treasurer in the administration
and custody of local government funds. It consists of three (3) chapters.
This Book contains the legal provisions, policies and procedures, remedies, forms and
reports on the collection of Real Property Taxes, Business and Local Taxes, Fees and
Charges, Local Government Business Enterprise Operations, Credit Financing and Other
Resource Mobilization. It consists of five (5) chapters.
This Book contains the narrative flow of procedures, forms, reports, registries, schedules
and other documentary requirements of the different Books and Chapters of this Manual.
7
To a large extent, the text of this Manual is based from the provisions of the “Local
Government Code of 1991 – R.A. 7160” and its “Implementing Rules and Regulations,”
particularly those that apply to the fiscal and related operations of LGUs. It also draws
heavily from the Government Accounting and Auditing Manual (GAAM) and the New
Government Accounting System for LGUs (NGAS-LGU) of COA; the Updated Budget
Operations Manual (UBOM) of the DBM; opinions/rulings and issuances of the BLGF;
policies, regulations and opinions/rulings/decisions of various bodies or agencies and
authorities concerned with fiscal management and operations such as the DOF, COA,
DBM and NEDA and other authoritative private references. Consequently, this Manual
does not seek to supersede these issuances and rulings of the fiscal agencies, but rather to
reiterate and amplify their respective applications.
The user is encouraged to have on hand, as accompanying pieces to this Manual, the texts
of the LGC and its IRR, the GAAM, the NGAS-LGU, the UBOM and the myriad
compilation of rulings, issuances and circulars. While this Manual is intended to be a
stand-alone reference for Local Treasurers, the aforecited reference materials provide the
letter of the law, rules, and policies and procedures that were the basis thereof.
What this Manual sought to achieve and derive from its various sources, is focus and
specific utility in relation to the work of the Local Treasurer. To the extent practicable,
the relevant text of the laws, regulations, policies, issuances and
opinions/rulings/decisions are included in close paraphrase if not quoted verbatim. Where
necessary to achieve the purposes of this Manual, the valid portions of related provisions
from various laws and issuances are recast into a single provision, and parts of a single
provision that apply to different aspects of treasury operations, are reflected separately in
the appropriate topics.
The source or sources of particular sections or topics of this Manual are reflected in the
text itself, or set in parenthesis, to enable the user to refer to the original provision if
desired. Where a particular topic of this Manual refers to provisions quoted in another
Chapter or Section, the location of the provisions alluded to is indicated.
8
LOCAL TREASURY OPERATIONS
MANUAL
BOOK ONE
Chapter 1. FISCAL ORGANIZATION OF LOCAL GOVERNMENTS
Section 1. Political and Corporate Nature of Local Government Units. – Every local
government unit created or recognized under the Local Government Code of 1991 (R. A.
7160) is a body politic and corporate endowed with powers to be exercised by it in
conformity with law. As such, it shall exercise powers as a political subdivision of the
National Government and as a corporate entity representing the inhabitants of its
territory. (Sec. 15, LGC)
8
Section 4. Division and Merger – Division and merger of existing local government
units shall comply with the same requirements prescribed for their creation: Provided,
however, That such division shall not reduce the income, population, or land area of the
local government unit or units concerned to less than the minimum requirements
prescribed in the Local Government Code of 1991 (R. A. 7160): Provided, further, That
the income classification of the original local government unit or units shall not fall
below its current income classification prior to such division.
The income classification of local government units shall be updated within six (6)
months from the effectivity of the Local Government Code of 1991 to reflect the changes
in their financial position resulting from the increased revenues as provided in the Code.
(Sec. 8, LGC)
9
Provided, That, the creation thereof shall not reduce the land area,
population, and income of the original unit or units at the time of said
creation to less than the minimum requirements prescribed.
Provided, That, the creation thereof shall not reduce the land area,
population, and income of the original unit or units at the time of said
creation to less than the minimum requirements prescribed.
10
A city may either be component or highly urbanized: Provided, however,
That the criteria established in the Local Government Code of 1991 shall
not affect the classification and corporate status of existing cities.
Qualified voters of cities who acquired the right to vote for elective
provincial officials prior to the classification of said cities as highly-
urbanized after the ratification of the Constitution and before the
effectivity of the Local Government Code of 1991, shall continue to
exercise such right. (Sec. 452, LGC)
11
1) An Average Annual Income , as certified by the Provincial
Treasurer, of at least Two Million Five Hundred Thousand
Pesos (P= 2,500,000.00) for the last two (2) consecutive
years based on 1991 constant prices;
Provided, That the creation thereof shall not reduce the land area,
population or income of the original municipality or municipalities at the
time of said creation to less than the minimum requirements prescribed.
The Average Annual Income shall include the income accruing to the
General Fund of the municipality concerned, exclusive of special funds,
transfers and non-accruing income.
12
To enhance the delivery of the basic services in the indigenous cultural
communities, barangays may be created in such communities by an Act of
Congress, notwithstanding the above requirement.
Section 6. Division and Merger of Local Government Units – Division and merger of
existing local government units shall comply with the same requirements prescribed for
their creation under the Local Government Code of 1991: Provided, however, That such
division shall not reduce the income, population, or land area of the local government
unit or units concerned to less than the minimum requirements prescribed in the same
Code: Provided, further, That the income classification of the original local government
unit or units shall not fall below its current income classification prior to such division.
The income classification of local government units shall be updated within six (6)
months from the effectivity of the Local Government Code of 1991 to reflect the changes
in their financial position resulting from the increase in revenues as provided in the same
Code. (Sec. 8, LGC)
The law or ordinance abolishing a local government unit shall specify the province, city,
municipality, or barangay with which the local government unit sought to be abolished
will be incorporated or merged. (Sec. 9, LGC)
13
with the provisions of the Muslim Mindanao Autonomy Act No. 25, provided they meet
the following criteria:
Provided, That the creation thereof shall not reduce the land area,
population, and income of the original unit or units at the time of
said creation to less than the minimum requirements prescribed.
14
Provided, That the creation thereof shall not reduce the land area,
population and income of the original unit or units at the time of
said creation to less than the minimum requirements prescribed.
Provided, That the creation thereof shall not reduce the land area,
population or income of the original municipality or municipalities at
the time of said creation to less than the minimum requirements
prescribed.
15
The territorial jurisdiction of a newly created municipality shall be
properly identified by metes and bounds. The requirement on land
area shall not apply where the municipality proposed to be created is
composed of one (1) or more islands. The territory need not be
contiguous if it comprises two (2) or more islands. (Sec. 437,
Chapter I, Title Two, Muslim Mindanao Autonomous Act No. 25)
(a) The Local Treasurer shall be appointed by the Secretary of Finance from
a list of at least three (3) ranking eligible recommendees of the governor
or mayor, as the case may be, subject to civil service law, rules and
regulations.
(b) The Local Treasurer shall be under the administrative supervision of the
governor or mayor, as the case may be, to whom he shall report
regularly on the tax collection efforts in the local government unit.
1) Designation of Position.
2) Appropriation or Budget Item Number approved by the
sanggunian concerned.
3) Range/Salary Grade of the Position.
4) Authorized and Actual Salary per annum including the
emoluments therein.
The appointment of a Local Treasurer shall be mandatory for provincial, city and
municipal governments.
16
The Secretary of Finance shall appoint only from the list of qualified recommendees
nominated by the local chief executive, and if none is qualified, the Secretary of Finance
must return the list of recommendees to the LCE with the reason therefor, and the LCE
must give a new list of eligible qualified recommendees. (Sec. 470, LGC)
The appointment of an Assistant Treasurer shall be optional for the provincial, city and
municipal governments. (Sec. 471, LGC)
17
Provincial/City/ Municipal Treasurer, for the confirmation of the
Executive Director of the BLGF.
18
e. Period of Designation - The designation shall be for a period of six (6)
months, unless sooner revoked, with a maximum of two (2) extensions
except in case where the Assistant Treasurer is the one designated
OIC/ICO-Treasurer and where the incumbent Treasurer has a pending
administrative and/or criminal case. For monitoring purposes, the Order
shall specifically state the effectivity and expiration dates thereof.
19
Section 13. Distinction between Officer-in-Charge and In-Charge of Office -
20
Treasurer shall, unless otherwise incapacitated or precluded by legal impediments,
automatically assume the duties and functions of the Provincial/City Treasurer in a
caretaker capacity to prevent disruption in the normal and routinary operations of the
Local Treasury Office, until the return to duty of the regular incumbent, or the issuance
of the Order of Designation, with the confirmation of the BLGF Executive Director.*
(Sec. 7.4, Local Administrative Regulations No. 1-85, February 7, 1985, Ministry of
Finance)
The Assistant Provincial/City Treasurer who automatically assumes as ICO shall within
24 hours notify directly the BLGF Regional Director concerned of the absence, sickness,
death or other incapacity of the regular incumbent and of the date of his/her assumption
in a caretaker capacity. (Sec. 7.4.1, Local Administrative Regulations No. 1-85, February
7, 1985, Ministry of Finance)
Within 48 hours after receipt of the notice, the BLGF Regional Director shall issue the
Order of Designation of the Assistant Provincial/City Treasurer or any other competent
officer as ICO/OIC(Sec. 7.4, Local Administrative Regulations No. 1-85), subject to the
requirements therefor.**
The Assistant Municipal Treasurer who automatically assumes as ICO shall within 24
hours notify the BLGF Regional Director concerned, thru the Provincial Treasurer, of the
absence, sickness, death or other incapacity of the regular incumbent and of the date of
his/her assumption in a caretaker capacity. (Sec. 7.5.1, Local Administrative Regulations
No. 1-85, February 7, 1985, Ministry of Finance)
Within 48 hours after receipt of the notice, the Regional Director shall issue the Order of
Designation of the Assistant Municipal Treasurer or any other competent officer as
ICO/OIC (Sec. 7.5.2, Local Administrative Regulations No. 1-85, February 7, 1985,
Ministry of Finance), subject to the requirements therefor.**
__________
* See Sec. 11 (a), this Manual
**See Sec. 11, this Manual
21
(a) The Barangay Treasurer shall be appointed by the punong barangay with
the concurrence of the majority of all the sangguniang barangay
members. The appointment of the Barangay Treasurer shall not be subject
to attestation by the Civil Service Commission.
(b) The Barangay Treasurer must be of legal age, a qualified voter, and an
actual resident of the barangay concerned.
22
5) Relevant Training – includes the successful completion of
training courses, scholarships, training grants and others
relevant to the duties and functions of the position to be
filled-up.
The employee detailed receives his salary only from his mother unit/agency.
Detail shall be allowed only for a limited period in the case of employees occupying
professional, technical and scientific position. If the employee believes that there is no
justification for the detail, he may appeal his case to the Civil Service Commission.
Pending the appeal, the decision to detail the employee shall be executory unless
23
otherwise ordered by the Commission. (Sec. 8, Rule VII, Omnibus Rules Implementing
Book V of E. O. 292 and Other Pertinent Civil Service Laws)
Section 19. Salaries of Local Treasurers and Assistant Local Treasurers Under
Preventive Suspension – The proper disciplining authority may preventively suspend
any subordinate officer or employee under his authority pending an investigation, if the
24
charge against such officer or employee involves dishonesty, oppression or grave
misconduct, or neglect in the performance of duty, or if there are reasons to believe that
the respondent is guilty of charges which would warrant his removal from office. (Sec.
51, Title I, Subtitle A, Book V, E. O. 292 or the Administrative Code of 1987)
Any public officer against whom any criminal prosecution under a valid information
under R. A. 3019 or the Anti-Graft and Corrupt Practices Act or under the provisions of
the Revised Penal Code on bribery is pending in court, shall be suspended from office.
Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits
under any law, but if he is acquitted, he shall be entitled to reinstatement and to the
salaries and benefits which he failed to receive during suspension, unless in the meantime
administrative proceedings have been filed against him. (Sec. 13, R. A. 3019 or the Anti-
Graft and Corrupt Practices Act)
The Secretary of Finance through the BLGF Executive Director may temporarily relieve
or suspend Provincial, City and Municipal Treasurers and their Assistants (DOF Order
No. 305-2000, October 27, 2000, as amended by DOF Personnel Order No. 321-2000,
November 17, 2000), concurrently with the Civil Service Commission (Sec. 29, Rule XIV,
Omnibus Rules Implementing Book V of E. O. 292 and Other Pertinent Civil Service
Laws) and the Office of the Ombudsman (Sec. 24, R. A. 6770 or the Ombudsman Act of
1989), pending administrative investigation.
Other provisions applicable on the salaries of Local Treasurers and Assistant Local
Treasurers under preventive suspension:
25
c. The death of a respondent Treasurer terminates administrative proceedings
against him and entitles his heirs to all the benefits due him together with
his unpaid salaries from the date of his suspension to the date of his death
(4th Ind. CSC, March 17, 1956).
All fringe benefits which do not form part of his salaries may not be
allowed.
Section 20. Salaries of Local Treasurers and Assistant Local Treasurers During
Attendance in Administrative, Civil or Criminal Investigation – Absence of a Local
Treasurer or Assistant Local Treasurer is considered service in regular course under the
following circumstances:
In case the hearing or trial is conducted outside the LGU where the Local
Treasurer or Assistant Local Treasurer is stationed, he shall automatically
be on official travel and shall be entitled to per diem and transportation
expenses, subject to the usual accounting and auditing rules and
regulations. The summons of the Court shall be sufficient evidence in lieu
of a Travel Order.
26
own behalf, to secure his exoneration from charges or matter alleged
against him is attendance of his own benefit. If he is not under suspension,
the time consumed in such attendance shall be charged to his leave, if he
has any. Upon exoneration, however, when the case in which he is the
accused or the respondent is the direct result of an act performed by him in
connection with his official duties, his absence charged to his leave may
be readjusted and his attendance in court considered as service in due
course. But when the criminal charges filed are not the direct act
performed by him in connection with his official duties, forced absences
from duty resulting from his arrest and required attendance in court may
not be considered official. He shall not in such case be entitled to salary.
c. Witness in a civil case between two private parties, and in which the
Government has no interest – A witness is not obliged to attend as such
in a civil action before any court, judge, justice, or other officer out of the
province in which he resides, unless the distance be less that fifty (50)
kilometers from his place of residence to the place of trial by the usual
course of travel. Therefore, a Local Treasurer or Assistant Local Treasurer
cited to appear in a civil case between two private parties wherein the
Government has no interest, in order to testify as to knowledge of fact
obtained by him in his official capacity, shall not be entitled to salary for
absence on account of such appearance if the distance from his place of
residence to the place of trial by the usual course of travel be more than
fifty (50) kilometers. If the distance involved is less than fifty (50)
kilometers, and the Local Treasurer or Assistant Local Treasurer is cited
as a witness in a civil case involving private persons as litigants for
knowledge or fact acquired by him in his private capacity, his absence will
be chargeable against him without prejudice to his right to seek
reimbursement from the party at whose instance he testified. If such
witness testifies on a case from knowledge or fact acquired by him in his
official capacity, or to produce official papers or documents, and the
distance between his place of residence and the place of trial is less than
fifty (50) kilometers, his appearance will be considered service in due
course, but in such a case the province, city or municipality to which he
pertains shall collect witness’ fees for his appearance under the conditions
prescribed by the Rules of Court. (Sec. 226, Vol. I, GAAM)
Section 21. Approval and Granting of Application for Leave of Absence of Local
Treasurers and Assistant Local Treasurers – The approval of application for leave of
Provincial, City and Municipal Treasurers and Assistant Provincial, City and Municipal
Treasurers shall be as follows:
27
copy furnished the BLGF Central Office. Where the applicant intends to
leave the country, the application shall be approved by the Department,
regardless of duration.
c. The application for vacation and sick leave by the Treasurer shall be
supported by a request for the designation of an Officer-in-Charge or In-
Charge of Office. Likewise the LCE shall recommend for approval of
said application for leave.
1) Funeral/Mourning Leave
2) Graduation Leave
3) Graduation Leave
4) Enrollment Leave
5) Wedding/Anniversary Leave
6) Birthday Leave
7) Hospitalization Leave
8) Accident Leave
9) Relocation Leave
10) Government Transaction Leave
11) Calamity Leave
28
to his credit, exclusive of Saturdays, Sundays and holidays, without
limitation as to the number of days of vacation and sick leave that he may
accumulate provided his leave benefits are not covered by special law
(Sec. 26 Rule XVI, Omnibus Rules Implementing Book V of EO 292 as
amended by MC No. 41 s. 1998).
f. When a Treasurer whose leave credits have been commuted following his
separation from service is reemployed in Government before the
expiration of the leave commuted, he shall no longer refund the money
value of the unexpired portion of his leave. Insofar as his leave credit is
concerned, he shall start from a zero balance in his new government office
(Sec.26, Rule XVI of Omnibus Rules Implementing Book V of EO 292 as
amended by MC No. 41 s. 1998).
i. The Local Treasurer with 10 days or more vacation leave credits shall be
required to go on vacation leave whether continuous or intermittent for a
29
minimum of five (5) working days annually (Sec. 25, Omnibus Rules
Implementing Book V of EO 292, as amended by MC No. 41 s. 1998).
The Regional Offices shall perform the following administrative and technical functions
involving local treasury operations:
(a). Supervise and coordinate the conduct of local treasury and assessment
operations of the provinces, cities and municipalities within the region
for the proper implementation of laws, decrees, rules, regulations and
administrative issuances of the Department of finance;
(b). Coordinate the plans, programs and activities of local treasury and
assessment offices in the conduct of tax collection drives and tax
information and education campaigns;
30
5) Review, evaluation and monitoring of LGU financial and fiscal
reports for timely and accurate submission which are crucial in
target-setting of tax and revenue collections;
Section 22. Duties and Responsibilities of the Provincial, City and Municipal
Treasurer -
a. Collection of Local Revenues by Treasurer – All local taxes, fees and charges shall
be collected by the provincial, city, or municipal, or barangay treasurer, or their duly
authorized deputies.
The provincial, city or municipal treasurer may designate the barangay treasurer as
his deputy to collect local taxes, fees or charges. In case a bond is required for the
purpose, the provincial, city or municipal government shall pay the premiums thereon
in addition to the premiums of the bond that may be required under the Local
Government Code of 1991. (Sec. 170., LGC; (Sec 5, COA Circular No. 92-382, July
3, 1992)
b. Collection of Real Property Tax – The collection of the real property tax with
interest thereon and related expenses, and the enforcement of the remedies provided
for in Chapter 6, Title Two of the Local Government Code of 1991 or any applicable
laws, shall be the responsibility of the city or municipal treasurer concerned.
The city or municipal treasurer may deputize the barangay treasurer to collect all
taxes on real property located in the barangay: Provided, further, That the barangay
treasurer is properly bonded for the purpose: Provided, further, That the premium on
the bond shall be paid by the city or municipal government concerned. (Sec. 247,
LGC)
Collectors/Tellers shall file requisitions of accountable forms for their use with the
Treasurer through a Requisition and Issue Voucher. They shall be accountable for all
31
accountable forms issued to them. There shall be no transfer of accountable forms
between collectors/tellers. (Sec 25, COA Circular No. 92-382, July 3, 1992)
d. General functions - The treasurer shall take charge of the treasury office, perform the
duties provided for under Book II of the Local Government Code of 1991, and shall:
1) Advise the governor or mayor, as the case may be, the sanggunian,
and other local government and national officials concerned regarding
disposition of local government funds and on such other matters
relative to public finance (Sec. 470 (d) (1), LGC), including
amendments to local tax ordinances, identification of fiscal modalities,
development of debt management strategies, identification of
investment opportunities, and others;
7) Exercise such other powers and perform such other duties as may be
prescribed by law or ordinance (Sec. 470 (e), LGC).
e. Specific functions -
32
certifies the availability of funds for the purpose (Sec. 344, LGC; COA
Circular No. 2006-002, January 31, 2006). It is the primary duty of
the local treasurer to certify to the availability of funds prior to all
disbursements from the local treasury, in conjunction with the
certification of the local budget officer on the existence of an
appropriation for the purpose and the certification of the local
accountant on the obligation for the appropriation.
33
concerned shall specifically state the name, address, and business of
the taxpayer whose books, accounts, and pertinent records are to be
examined, the date and place of such examination, and the procedure
to be followed in conducting the same.
For this purpose, the records of the revenue district office of the
Bureau of Internal Revenue shall be made available to the local
treasurer, his deputy or duly authorized representative. (Sec. 171,
LGC)
7) On or before the fifth (5th) day of September each year, the city or
municipal treasurer, jointly with the city or municipal accountant, shall
issue a certified statement covering the actual income of the past year,
estimates of income of the current and ensuing fiscal years from local
sources for the barangay concerned. Based on such certified
statements, the barangay treasurer shall submit, on or before the
fifteenth (15th) day of September of each year, to the punong barangay
a statement covering the estimates of income and expenditures for the
past, current and ensuring fiscal years (Art. 423 (b), IRR, LGC).
34
payment of a compromise penalty of not less than Two Hundred Pesos
(P200).
11) Attend sessions of the sanggunian when required upon prior approval
of the local chief executive.
35
12) Exercise such other powers and functions and perform such other
duties and responsibilities as may be prescribed by law or ordinance
such as the following:
36
of contractors, bidding, evaluation of bids, and
the recommendation of awards concerning local
infrastructure projects. The governor or the city
or municipal mayor shall act as chairman with
the following as members:
a. The Assistant Treasurer shall assist the Treasurer and perform such duties as the
latter may assign to him;
37
b. The Assistant Treasurer shall have authority to administer oaths concerning notices
and notifications to those delinquent in the payment of the real property tax and
concerning official matters relating to the accounts of the treasurer or otherwise
arising in the offices of the treasurer and the assessor. (Sec. 471 (c), LGC); and
c. In case of the temporary absence of the Treasurer, the Assistant Treasurer shall
automatically perform his functions and shall be fully responsible thereof until the
designation of an Officer-In-Charge or In-Charge of Office by the Department of
Finance through the BLGF (Automatic Succession by the Assistant Treasurer at the
Provincial/City/Municipal Level under Sections 12 and 13 hereof).
The Local Treasurer advises/updates the local chief executive, the sanggunian, and other
local government and national officials concerned regarding the disposition of local
government funds and other matters relative to public finance such as those involving the
sourcing and management of funds that are needed to deliver the basic services and
implement developmental projects, as follows:
38
once every five (5) years, there is no prohibition for such adjustment insofar
as fees and charges are concerned. The effect of inflation on collections
impacts on the capability of the local government unit to implement
programmed activities or to render mandated basic services. The rates of
fees and charges need to be adjusted regularly to offset the effects of
inflation. It is the duty of the Treasurer to advise the local chief executive
and the sanggunian on the matter to effect the necessary adjustment.
Section 25. Treasurer’s Role in the Collection of Delinquent Local Taxes, Fees,
Charges, and Related Surcharges:
39
city where the property is located, and to the delinquent taxpayer. (Sec. 176,
LGC)
Within thirty (30) days after the sale, the local treasurer or his deputy shall make a
report of the sale to the sanggunian concerned, and which shall form part of his
records. The local treasurer shall make and deliver to the purchaser a certificate
of sale, showing the proceedings of the sale, describing the property sold, stating
the name of the purchaser and setting out the exact amount of all taxes, fees,
charges, and related surcharges, interests, or penalties. Any excess in the
proceeds of the sale over the claim and cost of sales shall be turned over to the
owner of the property (Sec. 178, LGC).
Section 24. Treasurer’s Role in Other Boards and Committees created pursuant to
the Local Government Code of 1991 and Other Laws -
40
3) Recommend to the local chief executive concerned the level of the annual
expenditures and the ceilings of spending for economic, social and general
services based on the approved local development plans;
II. Local School Boards – (a) There shall be established in every province, city, or
municipality, a provincial, city, or municipal school board, respectively.
shall be composed of the LCE and the division/city superintendent of schools as co-
chairmen; the chairman of the education committee, the local treasurer, the
representative of the sangguniang kabataan, the president of the federation of
PTA, the representative of the teachers’ organizations and the representative of
the non-academic personnel of public schools, as members. It shall have the
following functions:
41
property constituting the Special Education Fund and such other sources
of revenue as the LGC and other laws and ordinances may provide;
c. Bids and Awards Committee (BAC) – Each municipality, city or province shall
maintain a Bids and Awards Committee which shall be composed of one (1)
representative each from the regular offices under the Office of the LCE such as
but not limited to the following: Office of the administrator, Budget officer,
Legal Officer, engineering Office, General Services Offices. The end user office
shall always be represented in the BAC. The BAC members shall be at least five
(5) but not more than seven (7) and who shall be personnel occupying plantilla
positions of the LGU. The LCE shall designate the members of the BAC who
shall elect among themselves the Chairman and Vice-Chairman. In no case shall
the LCE and /or appointing authority be the Chairman or member of the BAC.
The BAC shall also prepare the procurement monitoring report covering all
procurement activities specified in the Annual Procurement Plan (APP), whether
ongoing and completed, costing P50 million and above for goods and
infrastructure projects, and P5 million and above for consulting services. The
report shall cover all activities from pre-procurement conference to the issuance
of notice of award and approval of contract. The report shall be approved by the
head of the procuring entity, and submitted to the Government Procurement
Policy Board (GPPB) in printed and electronic format within ten (10) working
42
days after the end of each semester. The GPPB is an inter-agency board created
under the Government Procurement Reform Act or RA 9184 chaired by the
Secretary of the Department of Budget and Management to formulate and amend
the IRR and the corresponding standard forms for Procurement, ensure the regular
conduct by government entities of procurement training, preparation of
procurement operations manual for all government agencies, and conduct annual
review of the effectiveness of the Procurement Law and recommend amendments
thereto as necessary.
43
provincial, city or municipal representatives of the ruling party and the dominant
opposition party, and the COMELEC immediately after the distribution is made
of such official ballots and election returns (Art. XVI, Sec. 186, Omnibus election
Code).
The provincial election supervisor, the provincial treasurer and the provincial
fiscal shall keep the envelope containing the keys in their possession intact during
the period of three months following the election. After this period, unless the
COMELEC has ordered otherwise, the provincial election supervisor and the
provincial fiscal shall deliver to the provincial treasurer the envelopes containing
the keys under their custody. (Art. XVIII, Sec. 219, Omnibus Election Code).
f. Delivery, Preservation and Disposition of Ballot Boxes. The ballot box, all
supplies of the BEI and all pertinent papers and documents shall immediately be
delivered by the BEI and the watchers to the city or municipal treasurer who shall
keep his office open all night on the day of the election if necessary for the
44
purpose, and shall provide the necessary facilities for said delivery at the expense
of the city or municipality. The city or municipal treasurer shall on the day after
the election require the members of the BEI who failed to send the objects herein
referred to deliver the same to him immediately and acknowledge receipt thereof
in detail (Art. XVIII, Sec. 217, Omnibus Election Code).
The city and municipal treasurer shall keep the ballot boxes under their
responsibility for three months and stored unopened in a secured place, unless the
COMELEC orders otherwise or shall demand them sooner or shall order their
preservation for a longer time in connection with any pending contest or
investigation. Upon the lapse of three months and if there is no order to the
contrary, the COMELEC may authorize the city and municipal treasurer in the
presence of its representative to open the boxes and burn their contents, except the
copy of the minutes of the voting and the election returns deposited therein which
they shall keep (Art. XVIII, Sec. 219, Omnibus Election Code).
The chairman and the members of the board of canvassers shall not be related
within the fourth civil degree of consanguinity or affinity to any of the candidates
whose votes will be canvassed by said board, or to any member of the same board
(Art. XIX, Sec. 221, 222, Omnibus election Code).
h. Delivery and Transmittal of Election Returns. For the city and municipal
board of canvassers, the copy of the election returns of a polling place intended
for the city or municipal board of canvassers, duly placed inside a sealed envelope
signed and affixed with the imprint of the thumb of the right hand of all members
of the BEI, shall be personally delivered by the members of the BEI to the city or
municipal board of canvassers under the proper receipt to be signed by all the
members thereof (Art. XIX, Sec. 229, Omnibus Election Code).
j. Canvass by the Board of Canvassers. The board of canvassers shall meet not
later than six o’clock in the afternoon of election day at the place designated by
the COMELEC to receive the election returns and to immediately canvass those
45
received. It shall meet continuously from day to day until the canvass is
completed. Subject to reasonable exceptions, the board of canvassers must
complete their canvass within 36 hours in municipalities, 48 hours in cities and 72
hours in provinces (Art. XIX, Sec. 231, Omnibus Election Code). Violation
hereof shall be 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 suffer disqualification to hold public office and
deprivation of the right of suffrage (Art. XIX, Sec. 264, Omnibus Election Code).
46
Chapter 6 BONDING OF LOCAL TREASURERS AND OTHER LGU
ACCOUNTABLE OFFICERS -
b. Duty to Notify the Bureau of the Treasury for Bonding Purposes – LGUs
shall have the duty to notify the Bureau of Treasury of any appointment or lawful
accession by any person to a bonded or bondable position or office. The
notification shall be made immediately to the Bureau of Treasury Fiscal Examiner
IV of the province or region where the appointee is assigned.
2) Three copies of General Form No. 57(A), shall be used in the notification,
request for application, increase, reduction, cancellation or transfer of a
bond, duly signed by the LCE concerned;
3) Every applicant for bond shall accomplish General Form 58(A) in four (4)
copies, which shall be subscribed and sworn to before any officer duly
authorized by law;
4) The duly accomplished General Form 58(a) with three (3) copies of
photographs (3” x 4”) shall be indorsed by the LCE to the Bureau of
Treasury Fiscal Examiner IV in the province together with the request for
bonding, General Form No. 57(A), for approval; and
47
iv. Proof of payment of bond premium deposited with an
Authorized Government Depository Bank (AGDB).
The barangay Treasurer shall be bonded in accordance with existing laws in the amount
to be determined by the sangguniang barangay but not to exceed Ten Thousand Pesos
(P10,000.00), the premiums of which shall be paid by the barangay. He shall be bonded
with the Fidelity Fund immediately upon assumption of office.
Section 27. Schedule of Bonds – The schedule of bonds for provincial, city and
municipal Treasurers and other officers and employees shall be as follows:
a. For Cash
An official/employee who has both money and property accountability, shall be bonded
only once to cover both accountabilities, but the amount of the bond shall be in
48
accordance with the above schedule, provided however, that the amount of bond shall not
exceed Five Million (P 5,000,000.00) Pesos (Section 6.2 Treasury Order No. 1-99).
When the maximum amount of the bond is exceeded, the accountable officer and his
immediate supervisor shall take immediate steps to have the excess accountability
transferred to another official/employee who shall then be covered by another bond
(Sec. 6.3, Treasury Order No. 01-95).
A bond is personal and therefore not transferable (Sec. 7.9, Treasury Order No. 01-95).
Section 28. Accountable Officers Considered Unsafe Risks – When a bonded official
or employee or applicant for bonding is not, in the judgment, of the Bureau of the
Treasury Fiscal Examiner IV, a safe and conservative risk owing to character,
association, or habits, the fact shall be reported to the head of the concerned LGU who
shall cause the removal or relief of the official or employee of those duties requiring a
bond, The decision of the Bureau of Treasury Fiscal Examiner IV may be appealed to the
Treasurer of the Philippines through the Bureau of Treasury Regional Director whose
decision shall be final. (Sec. 3.1, Treasury Order No. 01-95)
Section 30. Extent of Liability of the Fidelity Bond – The Fidelity Fund shall answer
for defalcations, shortages and unrelieved accountability after all possible means of
recovery of the amount from the accountable official/employee have been exhausted or
his/her insolvency is declared by a competent court. The Fidelity Fund shall be available
for the payment of court fees incident to civil proceedings to recover the sum lost.
49
Section 31. Validity of Fidelity Bonds – Approved fidelity bonds are valid for one (1)
year. The bond shall be renewed by the LGU by submitting to the Bureau of the Treasury
the request together with the list of bonded officials and employees subject to renewal
and other attachments such as:
Section 32. Adjudication of Claims Against the Fidelity Bond – Any and all claims
against the Fidelity Fund together with all the evidences relating thereto shall be filed
with the Bureau of Treasury Regional Director who shall recommend appropriate action
to the Treasurer of the Philippines. Approval of a claim shall constitute a legal claim
against the Fidelity Fund. Only approved claims shall be paid from the Fidelity Fund.
50
MANUAL OF LOCAL GOVERNMENT
TREASURY OPERATIONS
BOOK TWO
Chapter 1 - TYPES OF LOCAL INCOME AND REVENUES COLLECTED BY
LGUS
Section 33. Definition of Income - Income refers to all revenues and receipts collected
or received, forming the gross accretions of funds of the government. (Sec. 306 (i), RA
7160)
Section 34. Power to Create Sources of Revenues – Each LGU shall exercise its power
to create its own sources of revenue and to levy taxes, fees and charges subject to the
provisions of RA 7160, consistent with the basic policy of local autonomy. Such taxes,
fees and charges shall accrue exclusively to the LGU. (Sec. 129, LGC).
The power to impose a tax, fee or charge or to generate revenue under the LGC shall be
exercised by the sanggunian of the LGU concerned through an appropriate ordinance
(Sec. 132, LGC)
a. Taxation shall be uniform in each LGU. Uniformity in taxation means that all
taxable articles or kinds of property of the same class shall be taxed at the same
rate. The rule of uniformity. In taxation also extends to territorial uniformity, thus,
if the tax is a city tax, it must be uniform throughout the city; if municipal tax,
throughout the municipality (Local Government Taxation, Ursal). The uniformity
required is only within the territorial jurisdiction of a province, a city, a
municipality or a barangay (Sec. 219(a), IRR LGC).
2) be levied and collected only for public purposes. The tax should be
designed to support the services of the Government and the recognized
public needs. The tax must affect the area as a community rather than
as individual (LGC Annotated by Nolledo).
44
4) not be contrary to law, public policy, national economic policy, or in
restraint of trade. A tax is contrary to law if it is a tax beyond the
authority of an LGU to impose (LGC Annotated by Nolledo). Thus, a
local ordinance, to be valid, must not contravene the Constitution or
any statute; not be unfair or oppressive; not be partial or
discriminatory; not prohibit but may regulate trade; be general and
consistent with public policy; and not unreasonable. (US vs. Abendan,
24 Phil.165). A tax must not be in restraint of trade in that it must not
deter the free flow of commerce in the country, and cause considerable
increase in the price of commodities, to the prejudice of the consuming
public ( Sec 133(e) Annotated, Local Government Taxation, Ursal).
.
c. The collection of local taxes, fees, charges and other impositions shall in no case
be let to any private person. . The Supreme Court has said that entrusting the
collection of the fees to a private person does not destroy the public purpose of
the ordinance, stating that so long as the purpose is public, it does not matter
whether the agency through which the money is dispensed is public or private
(Bagatsing vs. Ramirez, L-41631, Dec. 17, 1976).
d. The revenue collected pursuant to the provisions of the LGC shall inure solely to
the benefit of, and be subject to disposition by, the LGU levying the tax, fee,
charge or other imposition unless otherwise specifically provided by law In no
case can the National Government share in local taxes even if provided by law.
The constitution provides that local taxes, fees and charges shall accrue
exclusively to the local governments (Sec. 5, Art. X, 1987 Constitution).
Section 36. The Valid Revenue Ordinance – For any revenue ordinance to be valid, it
must conform with the provisions of the LGC, which defines both substantive and
procedural requirements.
45
include municipal halls, plazas, barangay halls, public markets,
churches and other public places where the constituents converge.
3) Public Hearing – Public hearing must be done at least ten (10) days
from the sending of notices or last day of publication, whichever is
later. During the public hearing, all participants are allowed to appear
and present or express their views and comments on the proposal. The
deliberations shall serve as inputs to the members of the Sanggunian.
After the Sanggunian members have considered the views and
comments, they may exercise their free choice to modify, pass or
suspend judgment on the issue.
46
6) Publication. The ordinance must be published in full within ten (10)
days after approval for three (3) consecutive days in a newspaper of
local circulation. In case there are no newspapers of local circulation,
the same may be posted in at least two (2) conspicuous and publicly
accessible places. (Art. 276, IRR, LGC)
The ordinance takes effect after the above procedural requirements are
fulfilled. The LGC, however, has provided the following cautionary steps
under which ordinances of component cities and municipalities are reviewed
by the Sangguniang Panlalawigan, and ordinances of barangays by the
sangguniang panlungsod or sangguniang bayan. Thus,
47
f) Governor must sign Resolution – The signature of the Governor
is required in relation to the resolution adopted by the
Sangguniang Panlalawigan approving or disapproving the
ordinance or resolution enacted by the Sangguniang Bayan or
Panlungsod.
8). Review of Barangay Ordinances. Within ten (10) days after its
enactment, the sangguniang barangay shall furnish copies of all
barangay ordinances to the sangguniang panlungsod or sangguniang
bayan concerned for review as to whether the ordinance is consistent
with law and city or municipal ordinances. Upon failure to take
action on the barangay ordinance within thirty (30) days from receipt
thereof, the same shall be deemed approved (Sec. 57, LGC).
2) Appeals shall not have the effect of suspending the effectivity of the
ordinance and the accrual and payment of taxes, fees or charges (Art. 275,
IRR, LGC)
48
3) The DOJ’s review extends only to the determination if the ordinance is
legal or constitutional. The Secretary of Justice may not substitute his/her
own judgment nor replace the same with another version. This power is
one of supervision and not of control.
4). The decision of the DOJ could be subject of an appeal to the President.
This step, the exhaustion of administrative remedies, is in some cases,
necessary in order for the courts to take cognizance of the appeal on the
decision of the executive branch of the government.
Appeals through the Courts. The appeal on the constitutionality and legality
of a local revenue ordinance is available only within 30 days from its
effectivity. After the 30-day prescriptive period has lapsed, or after the lapse
of the sixty (60) days without the Secretary of Justice acting on the appeal, the
aggrieved party may file appropriate proceedings with a court of competent
jurisdiction (Art. 275, IRR, LGC).
Section 37. Local Taxing Authority. LGUs do not have the inherent power to tax. The
power inherently belongs to the State. However, the state may delegate this power
through legislation which, in this case, is through the LGC. As in all revenue measures, it
is up to the particular local government to enact the necessary tax ordinance that would
enable it to avail of its power to impose a given tax.
Section 38. Taxing Powers of Provinces. Except as otherwise provided in the LGC, the
province may levy only taxes, fees and charges as provided in this Article. (Sec. 134,
LGC)
The taxes, fees and charges specifically reserved by the Local Government Code to the
provinces are the following:
49
7) Annual fixed tax per every delivery truck or van of manufacturers or
producers, wholesalers of, dealers, or retailers in, certain products;
8) Service fees and charges;
9) Public utility charges;
10) Tool fees or charges;
11) Real property tax;
12) Additional levy on real property tax for the SEF;
13) Additional ad valorem tax on idle lands;
14) Special levy on lands benefited by public works
(Please refer to the Local Revenue Tool Kit for Philippine LGUs shown in Annex 3).
Full discussions on the different Taxes, Fees and Charges and other impositions by
provinces are found in BOOK V of the MANUAL.
1) Tax on business;
2) Fees and charges on business and occupation;
3) Fees for sealing and licensing of weights and measures;
4) Fishery rentals, fees and charges;
5) Other service fees and charges;
6) Public utility charges;
7) Toll fees or charges;
8) Community tax;
9) Real property tax;
10) Additional levy on real property for the SEF;
b. Rates for Municipality within the Metro Manila Area. The LGC allows
municipalities within the Metro Manila Area to impose tax rates “which shall not
exceed by fifty percent (50%) the maximum rates prescribed” for other
municipalities.
Full discussions on the different taxes, fees and charges, and other impositions of
municipalities are found in BOOK V of the MANUAL.
50
Section 40. Taxing Powers of Cities. Except as otherwise provided in the LGC, the
city may impose the taxes, fees and charges which the province or municipality may
impose, provided, however, that the taxes, fees and charges levied and collected by
highly urbanized and independent component cities shall accrue to them and distributed
in accordance with the provisions of the LGC. The rates of taxes that the city may levy
may exceed the maximum rates allowed for the province or municipality by not more
than fifty percent (50%), except the rates of professional and amusement taxes, where the
maximum rates for provinces and municipalities cannot be exceeded by a city. (Sec. 151,
LGC).
The taxes, fees and charges commonly imposed by the cities in the light of the specific
powers granted by the LGC are the following:
Detailed discussions on the different taxes, fees and charges, and other impositions of
cities are found in BOOK V of the MANUAL.
Section 41. Other Taxes that the Province, City and Municipality may Impose.
Provinces, cities and municipalities may exercise the power to levy taxes, fees and
charges on any base or subject not specifically enumerated herein subject to three
conditions:
2) The taxes, fees, or charges are not unjust, excessive, oppressive, confiscatory,
or contrary to declared national policy;
51
3) The ordinance levying such taxes, fees and charges shall not be enacted
without public hearing; and,
4) The procedure for the approval, effectivity and publication of tax ordinances
have been complied with.
Section 42. Taxing Powers of Barangays. The barangays may levy taxes, fees and
charges, as provided in this Article, which shall exclusively accrue to them. The
following impositions may be made by Barangays, details of which are presented in
BOOK V of the Manual:
a. Taxes on stores or retailers with fixed business establishments with gross sales
or receipts of the preceding calendar year of Fifty thousand pesos (P 50,000.00) or
less, in the case of cities and Thirty Thousand Pesos (P 30,000.00) or less, in the
case of municipalities, at a rate not exceeding one percent (1%) on such gross
sales or receipts; (Sec. 152 (a), LGC).
b. Service Fees or Charges for services rendered in the regulation or the use of
barangay- owned properties or service facilities such as palay, copra or tobacco
dryers. (Sec. 152 (b) LGC)).
d. Other fees and charges for various business activities within their territory such
as the following:
Section 43. Common Limitations on the Taxing Powers of LGUs. The exercise of
the taxing powers of provinces, cities, municipalities, and barangays shall not extend to
the levy of the following:
a. Income tax, except when levied on banks and other financial institutions;
b. Documentary stamp tax;
c. Taxes on estates, inheritance, gifts, legacies and other acquisitions mortis causa,
except as otherwise provided therein;
52
d. Customs duties, registration fees of vessel and wharfage on wharves, tonnage
dues, and all other kinds of customs fees, charges and dues except wharfage on
wharves constructed and maintained by the LGU concerned;
e. Taxes, fess and charges and other impositions upon goods carried into or out of,
passing through, the territorial jurisdictions of local government units in the
guise of charges for wharfage, tolls for bridges or otherwise, or other taxes, fees
or charges in any form whatsoever upon such goods or merchandise;
f. Taxes, fees or charges on agricultural and acquatic products when sold by
marginal farmers or fishermen;
g. Taxes on business enterprises certified to the Board of Investments as pioneer of
non-pioneer for a period of six (6) and four (4) years, respectively, from the date
of registration;
h. Excise taxes on articles enumerated under the National Internal Revenue Code,
as amended, and taxes, fees, or charges on petroleum products;
i. Percentage of value added tax (VAT) on sales, barters, or exchanges or similar
transactions on goods or services except as otherwise provided therein;
j. Taxes on the gross receipts of transportation contractors and persons engaged in
the transportation of passengers or freight by hire and common carriers by air,
land or water, except as provided in this Code;
k. Taxes on premiums paid by way or reinsurance or retrocession;
l. Taxes, fees or charges for the registration of motor vehicles and for the issuance
of all kinds of licenses or permits for the driving thereof, except tricycles.
m. Taxes, fees or charges on Philippine products actually exported, except as
otherwise provided herein;
n. Taxes, fees, or charges on Countryside and Barangay Business Enterprises and
Cooperatives duly registered under R.A. 6810 (KALAKALAN) and R.A. 6938
(Cooperatives Code of the Philippines) respectively; and
o. Taxes, fees or charges of any kind on the National Government, its agencies and
instrumentalities, and local government units. (Sec. 133 LGC)
Section 44. Non-Tax Revenues. Aside from revenues that they may generate through
their powers of taxation, the LGU enjoy or have access to non-tax revenues from the
following sources:
a. Proceeds of fees and charges that they impose in the exercise of their regulatory
and proprietary powers;
b. Shares in the revenues of the national government, including their share in
national wealth for resources within their territory and other sources defined by
law; and
c. Other receipts from disposal of assets and from donations and contributions.
Annex 3 shows the summary of the non-tax revenues that may be levied by provinces,
municipalities and cities.
Section 45. Fees and Charges. In the same manner as local taxes, it is the sanggunian
which is empowered to impose local fees and charges through appropriate ordinances.
53
a. Fees
1) Basis of Fees. Fees are collected by an LGU in the exercise of its police
powers. They are imposed in relation to the services rendered in regulating
business and other activities within its jurisdictions, such as the privilege
to operate an establishment or the practice of a profession. The imposition
of a fee must be accompanied by the performance of corresponding
regulatory functions, or else the fee is unjustified.
2) Amounts that May Be Imposed. Fees should be imposed at rates that are
considered reasonable. The reasonableness of a fee is commonly
understood to mean that which should be more or less equated to the cost
of issuing the permit or license and the cost of surveillance and services
rendered in relation to the business or activity regulated. It is therefore
important for LGUs to prepare cost-computation schedules to support the
rates of fees established. Business gross receipts and capitalization are not
allowed as basis for determining the amount of fees, since they are
unrelated to the cost of regulation.
b. Charges. LGUs can also impose charges for the use of their facilities. Many
LGUs own ferries, markets, slaughterhouses, hospitals, utilities, and toll roads and
bridges. While many such facilities and services have been assumed by the
private sector, some LGUs prefer to continue to operate them directly for two
reasons:
The different fees and charges that may be levied by provinces, municipalities and cities
have been presented in Sections 38, 39 and 40 of the Manual.
54
Section 46. Shares in the Proceeds of National Taxes. By provision of law, the LGUs
share in the income generated by the National Government from all taxes and revenue
sources:
a. General Provisions on the IRA – LGUs shall have a share in the national
internal revenue taxes based on the collections of the third fiscal year preceding
the current fiscal year as follows:
1) Thirty percent (30%) on the first year of the effectivity of this Code;
2) Thirty-five percent (35%) on the second year; and
3) Forty percent (40%) on the third year and thereafter.
In the event that the National Government incurs an unmanageable public sector
deficit, the President is authorized, upon the recommendation of the Secretary of
Finance, Secretary of Interior and Local Government, and Secretary of Budget and
Management, and subject to consultation with the presiding officers of both the
House of Congress and the presidents of the liga, to make the necessary adjustments
in the internal revenue allotment of local government units but in no case shall the
allotment be less than thirty percent (30%) of the collection of national internal
revenue taxes of 1989.
(Sec. 284, LGC)
Public sector deficit means the shortfall of revenues against disbursements of the
National Government, the 14 major government corporations, the government
financial institutions, all the LGUs, the Bangko Sentral ng Pilipinas, the social
security institutions (Notes to Sec.284, LGC, Local Government Taxation, Ursal)
b. Allocation of LGUs – The share of LGUs in the internal revenue allotment shall
be allocated as follows:-
1) General Allocation:
55
2) Share of Each Province, City and Municipality: The share of each
province, city, and municipality shall be determined on the basis of the
following formula:
c. Automatic Release of IRA Share– The share of each local government unit shall
be released, without the need of any further action, directly to the provincial, city,
municipal or barangay treasurer, as the case may be, on a quarterly basis within
five (5) days after the end of each quarter, and which shall not be subject to any
lien or holdback that may be imposed by the National Government for whatever
purpose (Sec. 286, LGC). For this purpose, the comprehensive Advice of
Allotment for IRA shares of LGUs for the whole year shall be released by the
DBM within the first ten (10) days of January of every year. The corresponding
Notices of Cash Allocation (NCA) and checks, however, may be released on a
monthly basis but in no case shall the total amount due any LGU for each quarter
be released beyond five (5) days after the end of the corresponding quarter (Art.
383(b), IRR).
56
d. Exemption to the Lien or Holdback of the IRA Share - Article 383 (c) of the
IRR to the LGC provides that the IRA share of LGUs shall not be subject to any
lien or holdback that may be imposed by the National Government for whatever
purpose unless otherwise provided in the Code or other applicable laws and loan
contract or project agreements arising from foreign loans and international
commitments, such as the premium contributions of LGUs to the GSIS and loans
contracted by LGUs under foreign-assisted projects.
Section 48. Share in Tobacco Excise Tax – Farmers in the provinces producing
Virginia tobacco shall receive, under R.A. 7171, the amount of fifteen percent (15%) of
excise taxes on local tobacco cigarettes for purpose of projects directly benefiting the
tobacco farmers. This is to be distributed to the provinces with at least 1 million kilos of
production volume.
Section 49. Share in the National Wealth – LGUs shall have an equitable share in the
proceeds derived from the utilization and development of the national wealth within their
respective areas, including sharing the same with the inhabitants by way of direct benefits
(Sec. 289, LGC)
3) Proceeds from the development and utilization of national wealth where the
LGU actually collects and automatically retains its share of at least forty
percent (40%) of such proceeds shall not form part of the revenue base in
the computation of the forty percent (40) share.
57
b. Amount of Share of LGUs from Government Agencies and Government
Owned and Controlled Corporation – LGUs shall have a share based on the
preceding fiscal year from the proceeds derived by any national government
agency or government-owned and controlled corporation engaged in the
utilization and development of the national wealth within their territories. The
following formula shall apply, using the option that will produce a higher share
for the LGU:
1) One percent (1%) of the gross sales or receipts of the preceding calendar
year; or
2) Forty percent (40%) of the mining taxes, royalties, forestry and fishery
charges and such other taxes, fees or charges, including related surcharges,
interests, or fines that the government agency or government-owned and
controlled corporation would have paid if it were not otherwise exempt.
(Art. 388, IRR).
2) Provided, however, That where the natural resources are located in two (2)
or more provinces, or in two (2) or more component cities or
municipalities or in two (2) or more barangays, their respective shares
shall be computed on the basis of :
4) Provided, however, That where the natural resources are located in such
two (2) or more cities, the allocation of shares shall be based on the basis
of :
58
a) Population –Seventy percent (70%); and
b) Land Area – Thirty percent (30%)
1) The computation of the forty percent (40%) share of each LGU in the
proceeds from the development and utilization of the national wealth from
the preceding year, indicating the corresponding share of each province,
city, municipality, and barangay where the national wealth is being
developed and/or utilized, shall be submitted by the revenue collecting
agencies to DBM not later than the fifteenth (15th) of March of each
ensuing year.
59
Section 50. Other Special Shares of LGUs from National Taxes –
b. Share from Excess Collection in Value Added Tax (VAT) – LGUs shall have
a share of twenty percent (20%) of the fifty percent (50%) of national taxes
collected in excess of the increase in collection for the immediately preceding
year. (Sec. 100, 102, 112-114, NIRC). The entitlement shall be distributed in
accordance with the situs rule, as provided in Section 50 of the LGC.
Section 51. Other Receipts – Other common sources of LGU revenues outside taxation,
fees and charges, and shares in national taxes and wealth are the following:
a. Sale of Fixed Assets – this pertains to the proceeds from the sale of fixed assets
like building, equipment machines, land and tangible assets.
b. Contributions – These include contribution in cash from any source.
c. Sales of Waste Materials – Proceeds from sales of waste materials such as office
records authorized to be disposed and other waste materials, except scrapped
fixed assets.
d. Interest Income – Interests earned by LGUs from bank deposits, and legitimate
loans and investments in interest-bearing instruments.
a. General Policies –
60
b. Rationale of Credit Financing – Credit financing enables LGUs to pursue
development projects and benefits now, at current prices to be paid later. Socially
desirable projects generally require levels of funding that would take time to
accumulate if the LGU were to rely only on local savings. Given the pressure on
LGUs to constantly increase expenditures for the delivery of mandated services, it
is unlikely that many of them can actually accumulate the needed funds through
savings.
The legal basis for LGUs to avail of credit financing for local development is
embodied in Title Four, Book II of LGC, details of which are presented in BOOK V
of the MANUAL.
61
Chapter 2. COLLECTION OF REVENUES AND OTHER RECEIPTS
62
Section shall prepare a list of all checks, money orders, or currency
received, listed individually and totaled, with spaces for information on
the acknowledgement of receipt of collections as well as its subsequent
remittance or deposit with authorized depositories. The copies shall be
certified correct by the Chief of the Records Section.
2) The duplicate copy shall be delivered immediately to the COA Auditor,
while the two (2) other copies and the covering letters shall be forwarded
directly to the Collecting Officer who shall verify the correctness of the
list, sign the acknowledgement portion on all copies and return the last
copy to the Record Section.
3) The Collecting Officer shall immediately issue an official receipt for each
and every collection in the list. The official receipt number and the date of
issue shall be recorded on the appropriate spaces of the original copy of
the list.
4) Collections arising therefrom shall also be included in the Report of
Collections and Deposits (RCD) together with the other collections for the
day. The prescribed procedures in the turn-over of collections and
accomplishments of the forms shall likewise be observed.
5) The Treasurer shall insure that the official receipt was correctly and
properly recorded in the list. The payor’s copy of the official receipt shall
be forwarded to the Records Section which shall mail it to the payor with a
covering letter. The Treasurer shall, however, forward to the Records
Section for mailing, only the official receipts of cleared checks. In case of
dishonored checks, the procedures under the section on dishonored checks
herein shall be followed.
1) Checks drawn payable to the name of the Head of the LGU or any of its
officers;
63
2) Checks drawn payable to “Cash” ;
3) Indorsed checks;
4) Post-dated checks; and
5) Stale checks.
h. Issuance of a Separate Official Receipt in Case Amount Due is Less than the
Face Value of the Check. – No change shall be given to the payor in the event
that the amount of the taxes or dues is less that the face value of the check in
payment thereof. The difference shall be receipted for by the issuance of a
separate general receipt and shall be accounted for simultaneously with the
collection as miscellaneous trust liabilities.
64
An officer who fails to comply with this requirement shall not be relieved of
liability or allowed credit for any such loss in the settlement of his accounts. The
procedures to be observed and the requirements in the application for relief from
accountability are discussed in the Section on Request for Relief from
Accountability in this Manual.
The cancellation shall also be noted on all subsidiary records pertaining to the
transaction. The payor shall be immediately notified by the Treasurer concerned
of the cancellation and dishonor by means of a “Notice of Dishonor” as required
in the succeeding sections.
65
e. Form of Notice of Dishonor. – Ordinarily, a dishonored check is returned by the
depository bank concerned to the Treasurer who has deposited it, together with
the original of the debit memo. The Treasurer shall, within three (3) days,
accomplish the “Notice of Dishonor” and sign it in behalf of the LCE.
The notice of dishonor shall be prepared in five (5) copies and distributed as
follows:
Original - Drawer, delivered personally under receipt or sent by
registered mail with return card on the same day.
Duplicate - LCE
The dishonored checks shall be retained by the Treasurer who shall ensure its
safekeeping.
The Treasurer shall forward the debit memo and the photocopy of the dishonored
checks to the Accountant for the preparation of the journal entry voucher (JEV) in
three (3) copies. The Accountant shall furnish the Treasurer with a copy of the
duly approved JEV for the latter’s recording of the JEV No. in the entries
previously made in the appropriate Cash in Bank cashbook. The original copy of
the JEV taking up the dishonored checks and its supporting documents shall be
submitted to the Auditor and the duplicate copy shall be retained by the
Accountant.
The dishonored check(s) and corresponding cancelled official receipt shall also be
reflected in the individual taxpayer’s records/index cards and other records of
66
collections maintained by the treasury. At the end of each month the Treasurer
shall prepare a report of dishonored checks in four (4) copies to be distributed as
follows:
Original - LCE
Duplicate - COA Auditor
Triplicate - Local Accountant
Quadruplicate - Local Treasurer’s file
2) Upon receipt of the cash or certified check, the collecting officer shall issue an
official receipt for the amount received by him. The nature of the payment to
be indicated shall be the same as that in the previous official receipt cancelled,
except that the following notation shall be placed on the receipt: “Previous
payment acknowledged by O.R. No. __________, dated ______________,
cancelled on (date of notice of dishonor).” Accordingly, the redemption of
the dishonored check shall be recorded in the cashbook together with other
collections.
3) If the payor is liable for the payment of fine or penalty arising from delayed
payment, the amount corresponding to the fine or penalty shall also be
imposed and collected in addition to the principal tax or dues paid by him.
The fine or penalty to be imposed shall be in pursuance to the duly approved
ordinance of the LGU concerned.
4) Upon redemption of the dishonored check in the manner herein prescribed, the
Treasurer shall return the check to the payor concerned only when the latter
first surrenders the previous official receipt therefor, provided that no case has
been filed yet. If the previous receipt is no longer available, a sworn
statement to the effect that it has been lost or misplaced should be submitted
by the payor. The official receipt surrendered shall forthwith be cancelled
and the same (or the affidavit) shall be forwarded to the accounting unit to be
attached to the corresponding JEV where the cancellation was recorded.
67
dues, even if such check has already been settled, any private check presented by
him shall no longer be accepted. In such cases, the payor shall be required to pay
only in cash or certified check.
The Treasurer shall make a list of payors whose checks have been dishonored and
shall circularize the list to all collecting officers under his jurisdiction.
Section 56. Control and Accountability for Official Receipts and Other
Accountable Forms
a. Revenue Collection and the Use of Accountable Forms. – The provincial, city,
municipal and barangay Treasurers will be responsible for the use of all
accountable forms invoiced to them and receipted by them in person or entrusted
by them to their designated collectors for care, custody and use. A Treasurer’s
accountability for accountable forms of all kinds is determined in connection with
the audit and examination of his accounts which show that each receipt is
properly accounted for:
1) By taking up in the accounts the amount shown to have been collected
therefrom;
2) By presenting the unissued and cancelled official receipts; and
3) By producing satisfactory evidence that they are in the hands of authorized
personnel.
b. Types of Accountable Forms. (Sec. 493, GAAM, Vol. II) – Accountable forms
used in acknowledging collections are of two classes: accountable forms with
money value, and accountable forms without money value.
(1) Cash Tickets, Accountable Forms For the temporary use of market spaces, parking
No. 55 (55A-F) areas and other income generating activities
where the issuance of a regular receipt is not
practicable
(2) Certificate of Transfer of Large Evidence of transfer of large cattle; when issued,
Cattle, Accountable Form No. 52 it supersedes the original certificate of ownership
68
(2). The accountable forms without specific money value printed on the face
of each form consist of the following:
(3) Slaughter Permit and Fee Receipt, Serves as permit, as well as official receipt
Accountable Form No. 57 acknowledging payment of fees for
slaughtering of large cattle
(4) City/ Municipal Burial Permit and Fee For the use as funeral permit, as well as
Receipt, Accountable Form No. 58 official receipt for fee collected
(6) Community Tax Certificate, BIR For the use of individual taxpayers and
Form Nos. 0016 and 907 corporate entities, respectively
c. Issuance of Cash Tickets. LGUs shall devise their own system in the issuance of
cash tickets to ensure proper control, accounting and audit. Control measures
include but are not limited to the following:
1) Serial numbers may be assigned or the name or logo of the city or
municipality may be stamped at the back of the cash tickets before these
are issued to collectors assigned in public markets, parking areas or those
tasked to accept collections not acknowledged by the regular receipt or
other accountable forms;
2) The collector shall affix his initial and state the date of issuance in the cash
tickets before issuance;
3) The collector shall ensure the tearing off of cash tickets to avoid possible
re-issuance; and
4) Surprise inspection on the proper issuance of cash tickets shall be
conducted by the market administrator or his authorized representative.
69
Cash tickets issued to transient vendors in the public market to acknowledge
market fees shall pertain only to the vendor buying the same and shall be good
only for the space or spaces of the market premises to which he is assigned. If the
vendor disposes of his merchandise by wholesale to another vendor, the latter
shall purchase new tickets if he desires to sell the merchandise even if in the same
space occupied by the previous vendor.
d. Issuance of Real Property Tax Receipts. Only one real property tax receipt
shall be issued to cover the payment of basic and additional tax accruing to the
Special Education Fund.
e. Name of Agency on the Face of Official Receipts. For purposes of control, all
official receipts being used by the LGU shall bear the name of the LGU printed or
stamped on the face thereof.
If payment has been tendered in money order or check, the official receipt shall be
prepared with the date, number, and the amount of such money order, or check
together with the purpose for which the payment has been received. The address
of the payor shall also be indicated on the official receipt to facilitate
communication with him, if necessary.
70
leaves or sheets, etc. and present it to the Auditor/audit team together with a
statement of the defects and deficiencies noted.
The Auditor/audit team shall examine the book or pad and if he finds that they are
due to error in binding and printing which originated from the printing office, he
shall make proper notations on the book or on the defective sheet itself. He shall
also furnish immediately the Treasurer concerned with three copies of the
certification covering his action. The Treasurer shall use this certification in
support of a credit to his account for the missing or defective form thus noted by
the Auditor. The Treasurer, through the Auditor, shall send two copies of the
certificate to the head of the National Printing Office. These copies shall contain
the initials or numbers that are written on the respective card covers of the
defective books or pads, or on a slip covering in locating employees responsible
for the error or deficiency.
These columns will be utilized for recording consecutively all accountable forms
in the order that they are received by the Local Treasurer.
71
m. Recording of Receipts of Accountable Forms in the Permanent Record Book.
When accountable forms are received in the Local Treasurer’s office, these will
be entered immediately after verification in the record book. The recording of
each batch of accountable forms received shall indicate the invoice number and
date, the date of receipt, quantity, inclusive serial number and/or total value of the
accountable forms.
When the column provided for ‘Date reported totally used, sold, issued’ of the
record book is not yet filled out, this indicates that the accountable forms are still
in the stock and the Treasurer concerned, or the officer in charge of the same, has
the said forms in his possession and is responsible for their safekeeping. When a
book or stub of receipts or sheet of cash ticket or any other quantitative unit of
other accountable forms in the hands of collector/teller or other accountable
officers has been partly issued and the balance is returned for any reason
whatsoever, the last column of the record book, ‘Date reported totally used, sold,
issued’, should be filled out, and the remaining unissued accountable forms
returned will again be entered in a new line in the record book as a new entry, in
the same way would it be entered if it were a new requisition.
72
through a Requisition and Issue Slip (RIS) (Annex 51). They shall be accountable
for all accountable forms issued to them. There shall be no transfer of
accountable forms between collectors and tellers.
The barangay Treasurer shall report on his accountability for accountable forms
using the Barangay Report of Accountability for Accountable Forms. The report
shall be prepared at the end of each month and upon transfer of accountability of
the barangay Treasurer. All accountable forms handled by him shall be reported
in the form, including under a separate caption, accountable forms issued to him
for his use as a deputized Treasurer and distributed in the manner prescribed in
the Barangay Accounting Manual.
The circular or notice of loss shall be issued only for accountable forms specially
designed for the exclusive use of the LGU, the loss need not be circularized to
other units since said forms may not be used by these units.
The Treasurer is not precluded from undertaking other measures which in his
discretion may prevent the fraudulent use of the lost accountable forms, like the
publication of such loss in newspaper of general circulation.
73
t. Submission to COA Auditor of Obsolete, Spoiled, Cancelled Accountable
Forms. Accountable officers shall submit to the unit Auditor all obsolete, spoiled,
and cancelled official receipts and other accountable forms for inspection and
destruction. Under no circumstances shall they destroy on their own, accountable
forms of any description then be relieved from any accountability.
In the case of obsolete accountable forms with or without fixed money value, the
accountable officer shall submit to the unit Auditor an inventory in four copies
showing the following:
1) The denomination and the total value of the forms; and
2) The reason for the damage or cancellation of the form, the name of the
officer or employee responsible.
The Auditor or his authorized representative shall promptly inspect and destroy
the accountable forms, and make a certificate on such actions below the affidavit
or inventory. He shall return the affidavit or inventory, with his certificate of
destruction, to the accountable officer who will drop the accountable forms
destroyed from his Monthly Report of Accountability and retain the other copy
for file. The unit Auditor shall retain the original copy.
In the case of spoiled or cancelled accountable forms which do not bear fixed
money value, such as printed official receipts, Gen. Form 51, etc., the accountable
officer shall also submit the cancelled original and duplicate copies with such
cancellation properly noted on the record or abstract of collection concerned.
In the case of collectors assigned to the field, where travel time from their places
of assignment to the Treasurer’s office is more than one day, turn over of
collections shall be made at least once a week or as soon as the collections reach
P5,000.00.
74
collector/teller and check the same against the new balances on hand column. He
shall indicate his verification by affixing his signature at the back of the triplicate
copy of the last official receipt issued. He shall count the money turned over to
him and sign the certification and receipt portion of all copies of RCD.
d. The Treasurer/Cashier shall deposit all collections and prepare the RCD
summarizing the collections and deposits for recording in his cashbook and
submission to the Accountant, accompanied by all supporting documents.
75
The barangay shall maintain only one depository account in the name of the
barangay, either as a trust fund with the city/municipal treasury, or in a current
account with a government-owned bank located within or nearest its area of
jurisdiction. In case there is no government bank located in or nearest the locality,
depository accounts may be opened with a bank duly designated as government
depository by the Bangko Sentral ng Pilipinas. The choice of a depository for
barangay funds shall be subject to the authorization of the Sangguniang barangay
and approval of the Punong Barangay.
d. The barangay Treasurer shall deposit all collections intact with the city/municipal
Treasurer, or in a depository bank account maintained in the name of the
barangay, within five (5) days from receipt thereof. He shall likewise record all
deposits in the Cashbooks maintained for Cash in Treasury and Cash in Bank.
Idle funds shall mean available cash which the LGU can freely invest in
government securities and/or fixed term deposits with authorized government
depository banks, after having provided or earmarked funds for regular and
recurring operating expenses like salaries and wages, repairs and maintenance,
inventories and supplies, debt servicing, programmed disbursements for capital
outlays and other non-recurring expenses, within the context of the cash operating
cycle of the LGU. Unremitted collections and funds set aside for the payment of
obligations to other LGUs, government agencies and private entities shall not
form part of idle funds.
76
furnished immediately the local treasurer. In case the bank statements are not
readily available, a snapshot of the LGU transactions may be obtained by the local
treasurer from the bank as basis in updating/ recording of entries in the
Treasurer’s Cashbook and for reconciliation purposes.
To illustrate the process of tax collection, the narrative procedures on the collection,
remittance, deposit and recording of Real Property Tax is shown in LTO Annex 4 of the
Manual.
77
Section 60. Maintenance and Use of the Cashbook by Local Treasurers, Cashiers,
Liquidating Officers, Tellers, Collectors and Other Local Accountable Officers
2) Cashbook – Cash in Bank (LTO Form 6). This cashbook shall be used
by the Treasurer/Cashier to record all deposits of collections (Debit
column) and withdrawals from the bank thru issuance of checks (Credit
column) for the day. Separate cashbook shall be maintained for each
depository bank account and by fund, and shall be updated and balanced
daily. .
b. The Liquidating Officer’s Cashbook (LTO Form 8). This cashbook shall be
used by designated liquidating officers to record all collections turned over to
him/her by tellers and field/market collectors (Debit column), and remittances to
the Cashier/Treasurer (Credit column). Separate cashbook shall be maintained for
each fund, and shall be updated and balanced daily.
k. Daily Recording in the Cashbook. At the end of each day, all transactions shall
be entered in the appropriate cashbook. For Cashbook – Cash in Treasury,
Cashbook-Cash in Bank and Cashbook-Cash Advances, the balances obtained at
the end of the day shall be reconciled with the cash on hand. At the end of the
month or when required to do so by competent authority, the month’s account and
transactions shall be closed, ruled, and the accountable officers will accomplish
the certificate of transactions in the respective cashbooks.
78
“I HEREBY CERTIFY that the foregoing is a correct and complete record
of all my cash and depository transactions had by me in my capacity
as_____(designation)______ of ______(Name of the LGU)_____, during the
period from ____________________, 200_, to _____________________, 200_,
inclusive, as indicated in the corresponding columns.
________________________
Title
______________________, 2000”
c. Safeguarding of Cashbook. At the close of office either for the noon break or at
the end of the day, all cashbooks shall be locked up in fire-proof vaults or safes.
This duty devolves upon the officer entrusted by law to keep such cashbooks
irrespective of whether he is or not the one personally making the entries of the
cash transactions which are to be recorded therein.
a. Report of Collections and Deposits (LTO Form 12). The Report of Collections
and Deposits (RCD) shall be prepared daily by the following:
1). Tellers/Collectors – for collections received and remittances made to the
designated Liquidating Officer, if any, or to the Cashier/Treasurer.
The RCD shall include a report of accountability for accountable forms showing
the name of forms and number, beginning balance, received, issued and ending.
Also, it shall contain summary of collections and remittances/deposits and
breakdown of collections as to cash and details of checks received.
The accountable officer shall certify as to the correctness of the report. The
liquidating officer/treasurer shall verify the report and acknowledge receipt of
collection and remittances.
79
For real property tax payments, separate RCDs shall be prepared for collections
pertaining to the Basic Tax and the Additional Tax accruing to the Special
Education Fund. In case of real property tax payments in municipal treasuries,
additional copies of RCDs for the Basic and SEF shall be prepared for submission
to the Provincial Treasurer as reference in the computation of the province’s share
therefrom. The procedures to be followed in the filling-up the form shall be the
same.
b. Report of Accountability for Accountable Forms (LTO Form 10). The Report
of Accountability for Accountable Forms (RAAF) shall be used to report the
quantity of accountable forms received, issued or cancelled by the accountable
officer as of the end of the month.
Treasurers, collectors/tellers and other accountable officers shall render this report
of accountability for accountable forms at the end of the month for consolidation
by the local treasurer. Such report shall also be prepared in case of transfer of
office or accountability by the accountable officer.
80
Title of Report Frequency of
Submission
The following financial records, however, should also be maintained by the Local
Treasurer for monitoring and control purposes:
81
2) All collections, either in cash or in check, shall be acknowledged by the
issuance a pre-numbered Official Receipt (OR) – General Form or its
equivalent like the Real Property Tax Receipts (RPTR) and Community
Tax Certificate (CTC) subject to property custody, accountability and
audit
3) Temporary or provisional receipts shall no be issued to acknowledge
collections
4) All accountable forms shall be secured from the City/Municipal Treasurer
5) All checks shall be in the name of the barangay
6) Endorsed checks shall not be accepted as payment of obligations to the
barangay
7) For checks received, the OR number and date of issue shall be indicated at
the back of the check for reference purposes
8) All particulars in the OR shall be filled out. Duplicate and triplicate copies
of the OR shall be the exact carbon copy of the original
9) Overages discovered during the cash count/cash examination shall be
receipted and added to the accountability of the BT
10) Cash shortages, including the loss of cash through firce majeure, theft,
robbery, fire, etc. shall be deducted from the total cash account and the
BT/Accountable Officer (AO) shall be held personally accountable,
pending the result of the Request for Relief from Cash Accountability
submitted to Commission on Audit (COA) and
11) All collection by the BT for the barangay shall be reported in the
Summary of Collections and Deposits (SCD)
1) The BT shall deposit all his collections including those turned over by the
Deputized Barangay Collection (DBC) with AGDB intact daily or not
later than the following banking day. In case of barangay where travel
time to the depository bank is more than one day, deposit of collections
shall be made at least once a week or as soon as the collections reach P
10,000.00
2) In the absence of an AGDB, deposits may be made in any bank nearest the
barangay authorized by the Monetary Board (MB) of the Bangko Sentral
ng Pilipinas (BSP)
3) The selection of a depository bank other than the AGDB shall be covered
by a Resolution of the Sanggunian Bayan (SB) and approved by the
Punong Bayan (PB). This Resolution shall indicate the name of the bank,
the type of deposit to be maintained, whether current, savings or time
deposit and the authorized signatories to the checks/fund withdrawals and
shall be attached to a letter of request signed by PB for authority from MB
of BSP to deposit to a bank other than the AGDB
82
4) Funds earmarked for future operation which are not immediately needed
may be transferred to time deposits for the account of the barangay.
Placement in time deposits shall be duly authorized by the SB and
approbed by the PB. Certificate of time deposit/bank book shall be in the
name of the barangay. Upon maturity, the check for the proceeds shall be
issued in the name of the barangay. Pre-termination of time deposit or its
renewal/roll-over shall have prior authorization of the SB and approval of
the PB.
6) The original of the dishonored check and a copy of the bank DM shall
remain with the BT, and
7) All deposit by the Barangay Treasurer for the barangay shall be reported
in the Summary of Collections and Deposits
5) The Barangay Treasurer shall be accountable for all the forms received
from the City/Municipal Treasurer for use in the collection.
83
2) Collections of Deputized Barangay Collector shall be remitted daily to the
Barangay Treasurer
Section 63. . Direct Remittance to Barangay Bank Account. Credit Memo (CM)
received from the bank for direct remittance made by Local Government Units (LGUs) or
the Department of Budget and Management (DBM) for the barangay share in Real
Property Tax (RPT) or the Internal Revenue Allotment (IRA), respectively, shall be
recorded direct to the Cash on Hand and in Bank Register (CHBReg) and in the Cash
Receipts and Deposits Register (CRDReg)
84
i) Receipt of the certified Summary of Collections and Deposits and its
supporting documents shall be acknowledged by the BRK, and
j) The Summary of Collections and Deposits shall serve as basis of the
BRK in recording the weekly collections and deposits in the Cash
Receipts and Deposits Register.
85
b. Recording in the Registers
a) The BRK shall record weekly all receipts in the Cash Receipts and
Deposits Register (LTO Form 15) based on the Summary of
Collections and Deposits (SCD.)
b) Bank credits and interest earned shall be recorded in the CRDReg by
the BRK, based on the bank Credit Memo (CM)
c) At the end of the month, the CRDReg shall be totaled, balanced, ruled
recapitulated and certified, and
d) The certified CRDReg together with the Summary of Collections and
Deposits shall be submitted to the City/Municipal Accountant on or
before the 5th day of the following month.
a) The Barangay Treasurer shall record all collections and deposits in the
Cash on Hand and in Bank Register (LTO Form 16) daily based on the
Summary of Collections and Deposits.
b) Bank credits/charges per Debit Memo (DM/CM), interests earned and
withholding taxes as reflected in the bank statement/passbook shall be
recorded in the CHBReg by the Barangay Treasurer
c) At the end of the month, the CHBReg shall be totaled, balanced, ruled
recapitulated and certified
d) The certified CHBReg shall be submitted to the City/Municipal
Accountant on or before the 5th day of the following month, and
e) Balance on hand and in bank shall be forwarded to the next month’s
CHBReg.
86
The detailed narrative flow of procedures on the receipt, deposit and recording of
Barangay collections are shown in LTO Annexes 22, 23, 24, and 25.
Section 65. General Provisions – The following shall govern the examination by the
local treasurer of books of accounts and pertinent records of businessmen:
The LGC has not specified the rank of the officials who may be deputized to
examine books of accounts of business establishments. However, under the
Local Tax Code (PD 231, as amended), only the deputies duly appointed to,
and occupying positions in the plantilla of personnel as Administrative
Deputy, Supervising Deputy, Senior Deputy and Junior Deputy or similar
such other designations as deputy provincial and municipal treasurers of the
Office of the Provincial Treasurer; or the Administrative Deputy, Senior
Deputy and Junior Deputy of the Office of the City Treasurer, can be duly
authorized in writing by the provincial or city treasurers to examine the books
of accounts of business establishments in their respective jurisdictions.
Accordingly, a city treasurer may not deputize the Administrative Officer of
the local sangguniang panlungsod to examine the books of accounts of
business establishments (8th Indorsement dtd. 10-30-74 of the Secretary of
Finance to the Secretary of Local Government and Community Development).
87
c. Written Authority to Conduct Examination – In case the examination is
made by a duly authorized deputy of the local treasurer, his/her written
authority shall specifically state the name, address, and business of the
taxpayer whose books, accounts and pertinent records are to be examined, and
the date and place and the procedure to be followed in conducting the
examination. (Art. 259-d, IRR to LGC)
The BLGF holds the view that the tax period that may be examined by the
treasurer or his representative is limited to the year immediately preceding the
examination. The intent of the law is to remind local treasurers that they
should examine every year the books of accounts of the businesses to
ascertain the correctness of the amounts of business taxes paid. It may be
implied that past years’ accounts may no longer be looked into to prevent
undue harassment of the business sector by examiners (BLGF letter dated
August 27, 1997 to Republic-Asahi Glass Corp).
e. Access to BIR Records – The records of the revenue district office of the BIR
shall be made available to the treasurer, his deputy or duly authorized
representative. (Art. 259-e, IRR to LGC)
88
3. The Local Treasurer shall issue the Office Order designating the
team leader and members of the examination team, copy furnished
the LCE.
89
during the conduct of the examination, copy furnished the LCE for
his information.
4. In case the books of accounts and other records are not available
on the first visit, another appointment with the business
owner/representative should be made not later than three (3) days
after serving the LOA.
90
Review of pertinent records of the business establishment to
be examined such as Articles of Incorporation, By-Laws,
SEC/DTI Registration, minutes of board meetings, etc;
Review of the working papers, if any, of the business
establishment if previously examined;
Submission to the Owner/President of the business
establishment to be examined the Letter of
Appointment/Authority to conduct the examination;
Acceptance of the following books of accounts and
documents for verification/examination:
91
documents showing the sales or receipts of income revenues
(at random);
Confirm the income/revenues from the customers’ records of
sales/receipts (at random);
Compute the correct Gross Receipts/Sales based on the sales
records examined.
c. For Inventory:
92
The amount of the understatement or overstatement in gross
receipts/sales is likewise presented in the working papers.
14. Submission to the LCE by the Local Treasurer of the list of final
demand letters sent to business taxpayers for possible foreclosure
proceedings.
93
MANUAL OF LOCAL GOVERNMENT
TREASURY OPERATIONS
BOOK THREE
Chapter 1. CONCEPT OF FUNDS
The discussion under expenditures and disbursements includes a brief but concise
discussion of the concept of funds which are the very subject of expenses and
disbursements, the concept of appropriations, allotments, and obligations which
constitute the budgetary stages before expenditures and disbursements take place, as well
as the related internal control guidelines to ensure good governance and accountability.
On the other hand, the revised complete budget process for LGUs is already thoroughly
discussed in the Updated Budget Operations Manual (UBOM)for LGUs promulgated and
issued by the Department of Budget and Management.
Section 67. Definition of Fund – A Fund is a sum of money or other resources set aside
for the purpose of carrying out specific activities or attaining certain objectives in
accordance with special regulations, restrictions or limitations, and constitutes an
independent fiscal and accounting entity (Sec. 2(1), Title I(B), Bk.V, 1987 Adm Code;
Sec.306(h), Ra 7160).
Government funds include public moneys of every sort and other resources pertaining to
any agency of the government (Sec. 3(2), PD 1445; Sec. 2(2), Title I(B), Bk V, 1987 Adm.
Code)
a. Local Funds – Every local government unit shall maintain a general fund which
shall be used to account for such monies and resources as may be received by and
disbursed from the local treasury. The General Fund shall consist of monies and
resources of the Local Government which are available for the payment of
expenditures, obligations or purposes not specifically declared by law as accruing
and chargeable to, or payable from, any other fund (Sec. 308, RA 7160).
Special accounts shall be maintained in the General Fund for the following:
95
Profits or income derived from the operation of public utilities and other
economic enterprises, after deductions for the cost of improvement, repair and
other related expenses of the public utility or economic enterprise concerned, shall
first be applied for the return of the advances or loans made therefor. Any excess
shall form part of the general fund of the local government unit concerned (Sec.
313, RA 7160).
b. Special Funds - Every provincial, city or municipal treasury shall maintain the
following special funds:
1) Special Education Fund (SEF) – This fund shall consist of the respective
shares of provinces, cities, municipalities and barangays in the proceeds of
the additional one percent (1%) tax on real property. The amount shall be
released automatically to the local school boards, however, in case of
provinces, the proceeds shall be divided equally between the provincial
and municipal school boards.
2) Trust Funds – These shall consist of private and public monies which
have officially come into the possession of the local government or of a
local government official as trustee, agent or administrator, or which have
been received as a guaranty for the fulfillment of some obligation. A trust
fund shall only be used for the specific purpose for which it was created or
for which it came into the possession of the local government unit (Sec.
309, RA 7160)
96
c. Fiscal responsibility shall be shared by all those exercising authority over the
financial affairs, transactions, and operations of the LGUs;
d. Claims against government funds shall be supported with complete
documentation;
e. No contract involving the expenditure of public funds shall be entered into unless
there is an appropriation thereof, the unexpended balance of which, free of other
obligations, shall be sufficient to cover the proposed expenditure.
f. Expenditures of government funds or uses of government property in violation of
law or regulations shall be the personal liability of the official or employee found
to be directly responsible therefor.
g. Disbursement of government funds shall invariably bear the approval of the
proper officials; and
h. All laws and regulations applicable to financial transactions shall be faithfully
adhered to.
i. Trust funds shall not be paid out of any public treasury or depository except in
fulfillment of the purpose for which the trust fund was received, and upon
authorization of the legislative body, or head of any other agency having control
thereof, and subject to pertinent budget laws, rules and regulations (Sec. 614,
Revised Adm Code).
97
Chapter 2. CONCEPT OF APPROPRIATION, ALLOTMENT AND
OBLIGATIONS/EXPENDITURES
Section 71. Use of appropriated funds - Funds shall be available exclusively for the
specific purposes for which they have been appropriated. No local ordinance shall be
passed authorizing any transfer of appropriations from one item to another. However, the
local chief executive or the presiding officer of the sanggunian concerned may, by
ordinance, be authorized to augment any item in the approved annual budget for their
respective offices from savings in other items within the same expense class of their
respective appropriations (Sec. 336, RA 7160).
98
Section 72. The Allotment System – The local budget is based on estimated income
and program of expenditures for a given year. It specifies annual expenditure ceilings.
However, actual releases of funds and disbursements depend on the collection and receipt
of funds by the LGU. Since funds will have to be committed and disbursed even as
revenues are being collected, there is a need for a system to ensure that obligations and
payments will not exceed the approved budget and the amount ultimately collected is
available. Hence we use the allotment system to ensure that obligations incurred will not
exceed the appropriations enacted.
1) Local Budget Matrix (LBM) - This is the yearly overall financial plan of
the LGU equivalent to its approved appropriation disaggregated into
components or categories. The category of the expense item as reflected in
the LBM determines the timing and magnitude of the release of allotment.
Through the LBM, a comprehensive authority is issued to each
department/office to incur obligations not exceeding a certain amount for a
specified period usually for regular/current operating expenditures. This
device allows the imposition of reserves, non-release of any
unprogrammed portion of the appropriation, earmarking of funds for
clearance and withholding of funds for later release to provide for any
shortfall in the collection of anticipated revenues. The ABM classifies
budgetary items under Not-Needing Clearance (NNC), Needing Clearance
(NC), Reserve, Later Release, and Unprogrammed Appropriation
2) Cash Program - The use of a cash program ensures that cash is available
when it is needed for payment of obligations and at the same time
optimizes its utilization; ensures that released allotment are adequately
covered by available cash and/or future collections; and provides
information for control of expenditures and future planning of activities.
The tools used in cash programming are the Cash Flow Forecast (CFF)
and the Cash Flow Analysis (CFA). A detailed discussion of these tools is
presented in BOOK V of the MANUAL.
99
is prepared for the entire calendar year with quarterly/semi-annual targets
for the departments/offices to achieve.
The detailed guidelines in the preparation of the Local Budget Matrix, Cash
Program and Performance Targets are contained in the Updated Budget
Operations Manual (UBOM) for Local Government Units issued by the
Department of Budget and Management.
100
a. Classification of Expenditures – Government expenditures are classified as
follows:
101
an irregular expenditure. A transaction conducted in a manner that
deviates or departs from, or which does not comply with standards set, is
deemed irregular. An anomalous transaction which fails to follow or
which violates appropriate rules of procedure is likewise irregular.
Irregular expenditures are different from illegal expenditures since
illegal would pertain to expenses incurred in violation of the law
whereas regular means in violation of applicable rules and regulations
other than the law (COA Cir. 85-55A, Sept.8, 1985).
102
j.) Bringing home government motor vehicles after office hours
by officials to whom these are assigned, except when the LGU
does not have a garage that could ensure the safety of the
vehicle, or when in terms of mileage/time it is more
economical for the official to park the vehicle at his residence.
k.) Office equipment and property without the proper
identification or inventory markings.
a.) Grant of overtime pay for work that is not urgent in nature as
to require completion within a specified time or that can be
undertaken during regular office hours.
b.) Expenses for advertisement of anniversaries, etc. in
newspapers, television or radio merely for publicity or
propaganda purposes except when the nature of the LGU’s
mission would require such expenses as in the case of
promotion of trade and business.
c.) Use of air conditioners when not needed, or even during the
absence of the official in whose room the air conditioner is
installed.
d.) Use of table lamps while working in the office where the room
is adequately illuminated from the ceiling lights.
103
The term “excessive expenditures” pertains to the variables of Price and
Quantity.
104
financial resources derived from income or retained earnings, must be
taken into account in the matter of determining whether or not an
expenditure is extravagant. The term “extravagant expenditure” pertains
to the variables of quantity relative to the level or rank of the user and
the purpose for such expenditure.
105
5) Unconscionable expenditures. These signify expenses without a
knowledge or sense of what is right, reasonable and just and not guided
or restrained by conscience. These are unreasonable and immoderate
expenses incurred in violation of ethics and morality by one who does
not have any feeling of guilt for the violation (COA Circular 85-55A
supra).
106
Chapter 3. DISBURSEMENTS OF LOCAL FUNDS
Section 75. Definition- Disbursements constitute all payments made during a given
period either in currency, by check, through bank and electronic transfers, telegraphic
transfers, letters of credit, credit/debit cards and other non-conventional modes of
payment.
a. The official fiscal year – The official fiscal year of the LGUs is the period
beginning with the first day of January of a given year and ending with the 31 st
day of December of the same year.
c. Use of appropriated funds and savings – Funds are available exclusively for
the specific purpose for which they have been appropriated. No ordinance can
be passed authorizing any transfer of appropriations from one item to another.
However, the LCE or the Presiding Officer of the Sanggunian concerned may,
by ordinance, be authorized to augment any item in the approved annual budget
for their respective offices from savings in other items within the same expense
class of their respective appropriations. (For purposes of this provision,
respective offices refer to the various departments/offices/units under either the
LCE or the Local Sanggunian).
107
estimated revenue accruing to such local fund in addition to the actual
collections. Provided, however, that no cash overdraft in any local fund shall be
incurred at the end of the fiscal year.
108
of expenditures be adopted for the remaining months of the fiscal year.
(Sec. 612 and 615, RMIT)
“Any public officer who shall apply any public fund or property under his
administration to any public use other than that for which such fund or
property was appropriated by law or ordinance shall suffer the penalty of
prision correccional in its minimum period or a fine ranging from one-
half to the total value of the sum misapplied, if by reason of such
misapplication, any damage or embarrassment shall have resulted to the
public service. In either case, the offender shall also suffer the penalty of
temporary special disqualification. If no damage or embarrassment to the
service has resulted, the penalty shall be a fine from five to fifty percent of
the same misapplied." (Article 220, Revised Penal Code)
Section 77. Basic Requirements on Disbursements from General Fund and SEF. –
Disbursements from the General Fund and SEF shall require the following:
b. Certification as to existence of appropriation that has been legally made for the
purpose by the Local Budget Officer (Box B of OBR);
d. Certification in the DV (Box A) by the Local Accountant that allotment has been
obligated for the purpose and supporting documents are complete;
e. Certification in the DV (Box B) by the Local Treasurer that funds are available
for the purpose;
109
g. Necessary documents supporting the disbursement vouchers and payrolls are
reviewed by the Accountant/Head of Accounting Unit
a. Certification by the Local Treasurer that Trust Funds are available for
disbursements (Box B of DV);
b. Certification by the Local Accountant that supporting documents are complete
(Box A of DV);
c. Approval by the LCE/authorized representative or the administrator of the Fund;
d. Necessary documents are attached to the disbursement vouchers/payrolls.
Trust Funds maintained for projects implemented by the LGU sourced from domestic or
foreign grants/loans (local/foreign-assisted projects) should be utilized strictly in
compliance with the provisions of any MOA, MOU or other agreements signed by the
LGU with other government agencies or private entities. In no case shall these trust
funds be used for purposes other than what is provided in the MOA/MOU, or temporarily
transferred to other funds of the LGU, since this constitutes violation of the grant/loan
agreements of the government with the local/foreign donors. Funds received from these
sources shall be maintained in separate bank accounts and shall never be commingled
with other LGU funds.
a. Disbursement Voucher (DV) – The Disbursement Voucher (LTO Form 42) shall
be used for all money claims. The following guidelines in the preparation of the
DV shall be observed:
1) The DV shall be printed in one whole sheet of legal size bond paper. This
shall be prepared in three copies to be distributed as follows:
Original – Accounting Unit
Duplicate - Cash Unit
Triplicate – Payee
2) The Accounting Unit shall stamp the date of receipt on the face of the DV
and shall assign the DV Number. The DV number shall also be stamped in
all pages of the supporting documents attached to the DV;
3) The number of the obligation request (OBR) shall be indicated in the DV;
110
4) The responsibility center (Department/Office/unit/project and code) where
the disbursement shall be charged should be indicated;
6) Box B of the DV is used for the certification by the Local Treasurer or his
authorized representative on the availability of funds. The certifying
officer shall affix his signature, print his name, indicate his position, and
the date of signing;
7) Box C of the DV (Approved for Payment) is for the approval of the LCE
or his authorized representative on the payment covered by the DV. The
approving officer shall affix his signature, print his name, indicate his
position, and the date of his signing;
9) The number and date of the Journal entry Voucher (JEV) shall likewise be
indicated in the DV.
b. Payroll. The Payroll is used for the payment of salaries and other emoluments of
government employees. It may be in the form of the General Payroll (LTO Form
43) or the Daily Wage Payroll (LTO Form 44). It shows the names of the
employees, their monthly salary/emolument, the amount earned for the period,
salary deductions and the net amount paid. The signatures of the employees on
the payroll are the evidence of payment. All unclaimed wages within a period of
fifteen (15) days shall be refunded to the collecting officer who shall issue an
official receipt in acknowledgment thereof. Subsequent payment for the
unclaimed wages must be made through individual DVs and checks.
The payroll shall be prepared in four copies. The original and another copy of the
paid payroll shall support the Report of Disbursements to be submitted to the
111
Chief Accountant for entry in the Journal of Disbursements. The other two copies
of the payroll shall be submitted to the Local Administrative Officer, one copy for
his file and the other copy for the recording of payroll changes to serve as guide in
the preparation of the payroll for the subsequent period(s).
2) Release of Checks - The Treasurer shall release the check only to the
payee or his duly authorized representative. It shall be released only when
the Accountant's Advice of Local Check Disbursements (Annex 48)
has been prepared and submitted to the bank. All checks issued shall be
recorded chronologically in the Control Book of Checks Issued/Check
Register (LTO Form 45). Upon release of the check, the payee shall be
required to issue an Official Receipt for the payment received and/or affix
his signature and the date of receipt of the check on the DV and the
Control Book of Checks Issued. The DV and supporting documents shall
be stamped "PAID" by the Treasurer immediately after claim is paid to
prevent their possible reuse.
112
3) Preparation of Report of Checks Issued (RCI). The checks issued
including cancelled or voided ones shall be recorded chronologically in
the Report of Checks Issued (LTO Form 46) which shall be prepared by
the Local Treasurer for each fund weekly in three (3) copies. The original
and duplicate copies of the RCI together with the claimed
vouchers/payrolls and other supporting documents shall be submitted to
the accounting department. Unclaimed vouchers and all supporting
documents shall remain with the Treasurer until paid and duly noted as
“Unclaimed” in the RCI.
a) For checks immediately cancelled and for which the RCI has not
yet been prepared, the cancelled check shall be attached to the
RCI and reported chronologically with the other checks issued
and the word Cancelled shall be indicated on the report.
b) For stale checks which have been unclaimed and thus, the
original Disbursement Voucher and supporting documents are
still with the Treasurer, the DV shall also be marked
“Cancelled.” The cancelled check shall be reported and attached
to the RCI prepared at the period of cancellation. The cancelled
check shall be presented in the RCI after the last check issued for
the period indicated in the report. The original DV and
supporting documents shall be returned to the Accountant who
shall prepare a JEV to record the transaction as Accounts
Payable.
113
stale check shall be reported and attached to the RCI prepared at
the period of cancellation.
Upon submission of sworn statement from the payee that a check issued
by the LGU is lost, the treasurer shall immediately notify the bank
concerned for the stoppage of payment. The treasurer shall forward the
sworn statement to the Accountant who shall prepare the JEV to cabcel
the payment made. A Copy of the JEV shall be furnished the treasurer
as basis for him to debit the amount in the Cashbook – Cash in Bank.
Cash advances shall be of two types, namely, the regular cash advances, and the
special cash advances (COA Circular No. 97-002):
2) Special Cash Advances – Special cash advances are those granted to the
LCE or upon his explicit authority to duly designated disbursing officers
or employees for other legally authorized purposes such as:
114
a) Current operating expenditures of the agency field office or of the
activity of the agency undertaken in the field when it is impractical
to pay by check, such as:
i. salaries, wages and allowances
ii. maintenance and other operating expenses
115
9) The Accountant shall obligate all cash advances granted. He shall see that
cash advances for a particular year are not used to pay expenses of other
years. (Sec. 48(f), LGC)
a) The cash advance shall be equal to the net amount of the payroll for a
pay period.
b) The cash advance shall be supported by the following documents:
i. copy of designation by the LCE in case the Accountable
Officer is not a disbursing officer by appointment
(attachment to initial cash advance)
ii. copy of approved application for bond (attachment to initial
cash advance)
iii. payroll or list of payees with their net payments
a) The cash advance shall be sufficient for the recurring expenses of the
agency for one month. The AO may request replenishment of the cash
advance when the disbursements reach at least 75% or as the need
requires, by submitting a replenishment voucher with all supporting
documents duly summarized in a report of disbursements.
b) The cash advance shall be supported by the following documents:
i. copy of authority by the LCE (attachment to initial cash
advance)
ii. copy of approved application for bond (attachment to initial
cash advance)
iii. estimate of expenses.
a) The special cash advance shall be used to pay the salaries and wages
of the employees and the miscellaneous operating expenses of the
activity. Payment for each transaction shall not be subject to amount
limitation. However, all payments shall be approved by the Head of
Office.
b) The amount of the cash advance shall be limited to the requirements
for two months. Within five days after the end of each month, the
Accountable Officer shall submit a Report of Disbursements.
Additional cash advances shall be granted on the basis of the activity
budget or the requirements for two months, whichever is lower.
c) The cash advance shall be supported by the following documents:
116
i. copy of authority by the LCE (attachment to initial cash
advance)
ii. copy of approved application for bond (attachment to initial
cash advance)
iii. budget for COE of the agency field office or agency activity in
the field.
4) Official Travel. – The grant of cash advance for both official local and
foreign travel shall be governed by the provisions of COA Circular No. 96-
004 dated April 19, 1996.
a) Salaries, wages, etc. – within five days after each 15th day/end of
the month pay period.
b) Petty Operating Expenses and Field Operating Expenses – shall be
fully liquidated within 20 days after the end of the year; subject to
replenishment as frequently as necessary during the year.
c) Official Travel – within sixty (60) days after return to the
Philippines in the case of foreign travel or within thirty (30) days
after return to his permanent official station in the case of local
travel.
3) When a cash advance is no longer needed or has not been used for a
period of two months, it must be returned to or refunded immediately to
the collecting officer, who shall issue the necessary official receipt. (COA
Circular No. 97-002, 5.7; COA Circular No. 92-382; and SEC. 48(n),
RA7160)
4) All cash advances shall be fully liquidated at the end of each year. Except
for petty cash fund, the AO shall refund any unexpended balance to the
117
Cashier/Collecting Officer who will issue the necessary official receipt.
(COA Circular No. 97-002, 5.8; SEC. 48(o), RA7160)
5) At the start of the ensuing year, a new cash advance may be granted,
provided that a list of expenses against the previous cash advance is
submitted. However, when no liquidation of the previous cash advance is
received on or before January 20, the Accountant shall cause the
withholding of the AO’s salary. (COA Circular No. 92-382; SEC. 48(p),
RA7160)
6) The following reports and documents are required to support the liquidation:
d) Official Travel:
i. Documents required to support the liquidation of cash advance for
official travel, both foreign and local, are listed under Annex 41 of
the Manual.
118
Civil Security Units of local government agencies in Metro Manila. These
may be in the form of the following:
The annual %) of the actual receipts derived from basic real property tax
in the appropriations for discretionary purposes of the LCE shall not
exceed two percent (2next preceding calendar year. Discretionary funds
shall be disbursed only for public purposes to be supported by appropriate
vouchers and subject to such guidelines as may be prescribed by law. No
amount shall be appropriated for the same purpose except as authorized
under SEC. 325, LGC. (Sec. 325 (h), LGC)
1) All cash advances shall be liquidated within one (1) month from the date
the cash advance is received.
119
transactions in Metro Manila. For transactions outside Metro Manila, such
vouchers shall be submitted to the Regional Directors in their respective
jurisdiction.
4) The transmittal letter must be signed by the head of the agency. He shall
enumerate therein the type or nature of the document being submitted.
6) If the liquidation vouchers and supporting papers are in order, the COA
Chairman or authorized representative or Regional Director, as the case
may be, shall issue a credit advice addressed to Local Chief Executive
(LCE), attention the Chief Accountant, through the Auditor of the LGU
concerned, on the basis of which credits to the cash advance account of the
accountable officer concerned shall be recorded in the books of accounts
of the LGU.
3) The AO 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 AO and the
Accountant shall reconcile their books of accounts at least quarterly.
4) The cash books shall be kept at the Office of the AO and then placed
inside the safe or cabinet when not in use. It may be taken from his
120
custody only by the Auditor or an official duly authorized by the Agency
Head who shall issue the necessary receipt.
5) When the AO ceases to be one, the cash book shall be submitted to the
Accountant and shall form part of the Accounting records. No clearance
shall be issued to an AO if he fails to submit the cash book as required.
The format for the Cashbook for Cash Advances is shown in LTO Form 7 of the
Manual.
i. Disbursements out of Petty Cash Fund. Petty cash fund shall be maintained
under the imprest system. The fund should be sufficient for the non-recurring,
emergency and petty expenses of the LGU for one month. Disbursements from
the fund shall be through the Petty Cash Voucher (PCV) (LTO Form 53) which
shall be signed by the payee to acknowledge the amount received.
1) Petty cash fund shall be set up at the beginning of the year. An Obligation
Request (ObR) shall be prepared for the fund, recorded in the registers and
obligated as Other Expenses.
2) Payments out of the fund shall be made through the use of PCVs duly
supported by official receipts and other required documents. Each PCV
shall not exceed P1,000.00.
4) At the end of the year, all balances of the Petty Cash Fund shall be
returned to the Treasurer together with the liquidation thereof.
The narrative flow of procedures for disbursements out of the Petty Cash Fund is
shown in Annex 55 of the Manual.
121
Under the direct payment system, the Local Treasurer shall prepare an Authority
for Direct Payment (ADP), which shall be signed by him/her and countersigned
by the Local Administrator. He shall forward the original copy of the ADP to the
LGU depository bank which will duly acknowledge receipt thereof. The bank
shall furnish the LGU the debit memo/advice or a snapshot of bank transactions
showing the direct payment made to the supplier/contractor. The Local Treasurer
shall then submit the acknowledged copy of the ADP, bank debit memo/advice or
bank snapshot and supporting documents to the Local Accountant for recording in
the JEV.
122
Chapter 4. BARANGAY APPROPRIATIONS, COMMITMENTS AND
DISBURSEMENTS
a. Appropriations
b. Commitments
123
respective appropriation while investments, purchase of Property, Plant
and Equipment and construction of Public Infrastructure (PI) and
Reforestation Projects (RP) shall be charged against appropriations for
Capital Outlay (CO)
1) Personal Services
a) Salaries and Wages –Regular
b) Salaries and Wages – Contractual
c) Honoraria
d) Cash Gift
2) Maintenance and Other Operating Expenses
a) Travelling expenses – Local
b) Training Expenses
c) Supplies and Materials Expenses
d) Utility Expenses
e) Communication Expenses
f) Membership Dues and Contributions to Organizations
g) Rent Expenses
h) Repairs and Maintenance of PPE
i) Repairs and Maintenance of Public Infrastructures
j) Taxes, Insurance Premiums and Other Fees
3) Capital Outlay
a) Investment in Treasury Bills
b) Purchase/Construction of the following PPE:
i. Land
ii. Land Improvements
iii. Buildings
iv. Leasehold Improvements
v. Office Equipment
vi. Furniture and Fixtures
vii. Books
viii. Motor Vehicles
ix. Other Equipment
124
x. Public Infrastructures
xi. Reforestation Projects
e. Financial Expenses
1) Interest Expenses
2) Bank Charges (cost of checkbooks)
3) Other Financial Charges
125
Section 83. Basic Supporting Documents for Barangay Disbursements
126
b)Plans and specifications
c)Notice of Bidding
d)Contract
e)Notice to Proceed
f)Billings of Contractors
g)Inspection and Acceptance Report
h)Duly verified Contractor’s Project Accomplishment/Completion
Report
i) Program of Work
2) By administration
a) Supplies – Purchase Orders, Invoice, Bidding documents or
equivalent (depending on the mode of procurement used), delivery
receipts and Inspection and Acceptance Report
b) Wages – Labor payroll, Daily Time Record and contract for labor
c) Plans/Programs of Work
127
8) All disbursements by check shall be reported in the Summary of Checks
Issued.
9) In case checks are waylaid, lost through theft or force majeure, etc., the
Barangay Treasurer shall immediately notify and issue a “Stoppage of
Payment” notice to the bank, and
10) Stale check shall be replaced only when the original is submitted to the
Barangay Treasurer for replacement
b. Recording
c. Reporting
a. The barangay Treasurer shall prepare in four (4) copies the barangay
disbursement voucher in the name of the payee. The DV shall be certified as
follows:
1) The barangay Treasurer certifies and approves the voucher or payroll as to
validity, propriety, and legality of the claim involved;
2) The punong barangay approves the disbursement voucher/payroll; and
3) The city/municipal Accountant certifies on the DV that the disbursement
is supported by documents evidencing completeness of requirements as
128
well as other certifications that may be required by auditing and
accounting rules and regulations.
b. A copy of the duly certified and approved barangay disbursement voucher shall
be furnished the city/municipal Accountant who shall prepare a city/municipal
voucher in the name of the barangay Treasurer for the withdrawal of the amount.
d. The barangay Treasurer shall acknowledge the receipt of the check by signing the
receipt portion of the city/municipal disbursement voucher. He shall deliver the
check to the payee who shall acknowledge the receipt of the payment by signing
the receipt portion of the barangay disbursement voucher and/or issuing his
official receipt therefor. The barangay Treasurer shall record the transaction in
his cash book as a credit to the Cash in City/Municipal Treasury columns, and
transmit to the city/municipal Accountant, under proper acknowledgement, the
copies of the paid barangay disbursement voucher and its supporting papers for
recording in the barangay books.
Section 86. Barangay Disbursement out of Cash Advance for Payroll Charged
Against Barangay Funds Maintained with Depository Bank
1) Cash payments shall be made out of the cash advance given to the
Barangay Treasurer/Accountable Officer
129
2) The cash advance shall be used solely for payment of salaries, honoraria
and other allowances due the barangay officials and employees
3) The cash advance shall not be used for the encashment of checks or for
liquidation of previous cash advance
4) The cash advance shall be equal to the net amount of the payroll
corresponding to the pay period
5) The cash advance shall be liquidated within five (5) days after the end of
the pay period. Any unclaimed honoraria/salaries/allowances shall be
refunded to close the account
6) All paid DVs/ Payrolls shall be recorded in the Summary of Cash
Payments
7) The Summary of Cash Payments supported by paid DV/Payroll shall be
accomplished to support the liquidation of the cash advance for payroll. In
case the cash advance is more than the disbursements , the excess shall be
refunded and an official receipts shall be issued, and
8) Succeeding cash advance shall be granted only after full liquidation of the
previous cash advance.
b. Recording
c. Reporting
1) The Barangay Record Keeper shall record the cash disbursement based on
the certified Summary of Cash Payments in the Cash Disbursement
Register (LTO Form 64))
2) At the end of the month, the Cash Disbursement Register shall be totaled,
balanced, ruled recapitulated and certified, and
3) The Barangay Record Keeper shall submit the certified Cash
Disbursement Registers to the City/Municipal Accountant for recording of
the payments made in the books and postings of the transactions to the
subsidiary ledger maintained for the Barangay Treasurer/Accountable
Officer on or before the 5th day of the following month
130
Section 87. Barangay Disbursements out of Cash Advance from Payroll Charged
against Barangay Funds Deposited with the City/Municipal Treasury. –
The narrative flow of procedures for Barangay disbursements out of cash advances for
payroll/travel is shown in LTO Annex 66.
Section 88. Disbursement out of Cash Advance for Travel and Special
Purpose/Time-Bound Undertaking
131
4) The Liquidation Report (LTO Form 65) with appropriate supporting
documents shall be submitted to the Barangay Record Keeper, who in turn
shall submit it to the City/Municipal Accountant for recording in the
books on or before the 5th day of the following month
b. Recording
The narrative flow of procedures for Barangay disbursements out of cash advance for
travel is likewise shown in LTO Annex 66.
1) The Petty Cash fund shall be maintained using the Imprest System. The
balance of the Petty Cash Fund shall not be closed at the end of the year
2) The fund shall be kept separately from the regular collections and
advances granted for a particular purpose and shall not be used for
payment of regular expenses
3) The amount of the Petty Cash fund shall be determined by the
Sangguniang Bayan but “ not to exceed twenty percent (20%) of the funds
available and to the credit of the barangay treasury” (Sec. 334 (b) of R.A.
7160)
4) All disbursement out of Petty Cash Fund shall be covered by duly
approved and accomplished Petty Cash Vouchers (LTO Form 67)
supported approved and accomplished by cash invoice, official receipts or
other evidence of disbursements required under applicable accounting and
auditing rules and regulations
5) All paid petty cash vouchers shall be reported in the Summary of Paid
Petty Cash Vouchers to be certified by the Petty Cash Fund Custodian
6) The Petty Cash Fund shall be replenished as soon as disbursements reach
seventy five percent (75%) of as needed
7) Replenishment of the Petty Cash funds shall be made by submitting a
disbursement vouchers for the purpose supported by duly certified
Summary of Paid Petty Cash Vouchers, paid Petty Cash vouchers and
supporting documents
8) In case the Petty Cash Fund Custodian resigns or ceases as custodian of
the Fund, full accounting/liquidation of the Fund shall be made. Any
remaining cash shall be refunded to close the account, and
132
9) In no case shall the remaining cash of the former Petty Cash Fund
Custodian be transferred to the incoming Petty Cash Fund Custodian. For
a completer accounting, the account of the former Petty Cash Fund
Custodian shall be closed and a new account shall be opened for the
incoming Petty Cash fund Custodian
b. Recording
1) The Petty Cash Fund Custodian shall record disbursements out of Petty
Cash Fund based on the certified Summary of Paid Petty Cash Vouchers
in the Petty Cash Fund Register (LTO Form 69).
2) At the end of the month, the Petty Cash Fund Register shall be totaled,
balanced, ruled, recapitulated, certified and submitted to the Barangay
Record Keeper
3) The Barangay Record Keeper shall submit the certified Petty Cash Fund
Registers to the City/Municipal Accountant to serve as basis in posting the
transaction to the subsidiary ledger of the Petty Cash Fund Custodian on
or before the 5th day of the following month, and
4) The Barangay Record Keeper shall submit the certified Summary of Paid
Petty Cash Vouchers for the unreplenished paid Petty Cash Vouchers to
the City/Municipal Accountant on or before the 5 th day of January of the
following year to take up expenses which remain unrecorded in the books.
The narrative flow of procedures on the establishment, payment, replenishment and
liquidation of Barangay petty cash fund is shown in LTO Annex 70 of the Manual.
133
Chapter 5. SANGGUNIANG KABATAAN BUDGET
a. Ten percent (10%) of the general fund of the barangay shall be set aside for the
SK.
b. The proceeds of fund-raising activities shall be tax-exempt and shall accrue to the
general fund of the SK: Provided, however, That in the appropriation thereof, the
specific purpose for which such activity has been held shall be first satisfied.
c. The annual budget of the SK shall consist of two parts – the income portion and
the expenditure portion.
1) The income portion consists of the beginning balances, which are the
unappropriated and/or unexpended amounts of the revenues and receipts
of prior calendar years carried forward to the budget year, and estimates of
income certified collectible by the city/municipal Treasurer.
2) The expenditure portion consists of estimated expenditures which are the
total appropriations covering current operating expenditures and capital
outlays.
3) SK budgeting is the same as that of the other LGUs. The major phases
are: (a) budget preparation; (b) budget authorization; (c) budget review;
(d) budget execution; and (e) budget accountability and reporting.
134
MANUAL OF LOCAL GOVERNMENT
TREASURY OPERATIONS
BOOK FOUR
Chapter 1. FUND MANAGEMENT PRACTICES
In line with the increased fiscal responsibility of Local Treasurers and pursuant to good
governance of local funds, it is incumbent upon the Treasurers and other fiscal officers to
embrace and apply effective fund management practices benchmarked from the private
sector in the daily operations of the LGUs. Good governance, as defined under the
UNDP Policy Paper on Governance, is the exercise of economic, political and
administrative authority to manage local government affairs. It comprises the
mechanisms, processes and institutions through which citizens and groups articulate their
interests, exercise their legal rights, meet their obligations and mediate their differences.
Good governance is about efficiency in the management of public funds, demanding high
standards of integrity, transparency and accountability. Thus Local Treasurers need to
continuously update their knowledge and skills on their specific area of good governance,
which is fund or cash management.
Cash programming tools. The following tools may aid the Local Treasurer in cash
management and programming:
Section 92. Cash Flow Forecast (LTO Form 81). The Local Treasurer uses the Cash
Flow Forecast (CFF) as a tool in estimating projected cash flows based on certain
assumptions. The CFF is a monthly schedule of anticipated receipts and disbursements of
the LGU for the fiscal year showing the beginning and ending cash balances of each
month. The cash flow forecast is prepared at the beginning of the year and revised
periodically depending upon the need of the LGU and when circumstances require its
revision. The CFF enables the LCE and the Local Treasurer to plan for an effective
management and utilization of cash of the LGU. (Updated Budget Operations Manual for
LGUs, DBM, June 2005).
135
a. The Cash Flow forecast shows the estimated cash inflows and cash outflows of
the LGU classified according to three activities: operating activities, financing
activities and investing activities.
1) Cash flow from operating activities pertains to the receipts from, and
disbursements of cash out of, the regular and primary operations of the
LGU such as from collection of taxes, share from IRA, payment to
creditors and employees, etc. This also includes payment of interest on
bank loans and other loan-related charges.
2) Cash flow from financing activities includes receipt of cash from bank
loans, proceeds from the flotation of bonds and receipts from other types
of borrowings. This also includes payment of principal of loans and other
borrowings.
3) Cash flow from investing activities pertains to receipts from the sale,
acquisition or purchase of long term investments such as real estate,
machinery and other plant, property and equipment.
1) Cash Receipts Forecast (CRF) (LTO Form 82). This is a schedule of all
income collections and other receipts to be prepared by all collecting units
of the LGU. All receipts shall also be classified into operating, financing
and investing activities.
2) Cash Disbursement Forecast (CDF) (LTO Form 83). This is a schedule
of all expenditures to be prepared by the Treasury personnel in charge of
expenditures and disbursements. Under the CDF, all cash outflow shall be
presented according to operating, financing and investing activities of the
LGU.
c. The preparation of the Cash Flow Forecast involves the following activities:
136
6) Monthly estimates of payments for interest and principal on loans and
borrowings, capital outlay and other material expenses.
Section 93. Cash Flow Analysis (CFA) (LTO Form 84). The CFA is a cash flow
monitoring tool used to guide the LCE, the Local Treasurer and the Local Budget Officer
to control the release of allotment depending upon the efficiency of
collection/expenditure performance during the period. It provides information on the
cash surplus or cash deficit on a monthly or periodic basis so that timely decisions can be
made for wise and prudent cash utilization.
e. Original Forecast Annual which is the annual total amount in the Cash Flow
Forecast;
f. Variance between the adjusted estimated annual amount and the annual original
forecast. The actual and adjusted figures are subtracted from the annual original
forecast figure.
Section 94. Information Provided by the CFF and CFA - The analysis of the Cash
Flow provides the following information to the LCE, the Sanggunian, the Local Finance
Committee and other fiscal officers of the LGU so that important fiscal decisions and
policies could be promptly introduced and implemented:
137
b. Under-collection of taxes and other revenues – This may mean more efforts
should be exerted in the collection of such taxes or generation of such revenues.
A consistently big shortfall in collection should be cause for alarm for the LCE
and other LGU officials on possible problems in its collection efforts or in its
resource mobilization operations. In this instance, estimates should be adjusted to
a more realistic level. The shortfall in collection should be considered in deciding
any subsequent releases of allotment.
e. Large amount of idle cash that could be invested – Idle cash is indicated by the
monthly ending cash balances. If the amount is more than next month’s estimated
disbursements, the excess is expected to be idle for at least the succeeding month
and may be invested in short-term investments. The most common investment of
idle funds is the time deposit placement with the LGU depository bank(s).
Depending upon the length of time that the LGU funds are expected to be idle,
that is, funds are not expected to be disbursed in the short term, such funds should
be invested in a risk-free investment with a higher interest yield. To obtain
maximum benefits, the Local Treasurer should select the government depository
bank with the best interest offering.
(Updated Budget Operations Manual for Local Government Units, DBM, June
2005)
Section 95. Daily Cash Flow - The Local Treasurer may also prepare a Daily Cash Flow
Statement to show the highs and lows in cash inflows and cash outflows on a daily basis.
The daily cash flows are managed to avoid embarrassment arising from the inability to
meet immediate cash requirements of the LGU, to pay suppliers on due dates and to
profitably make use of temporary idle cash balances. The Daily Cash Flow may be
prepared in addition to the monthly cash flow forecast and cash flow analysis.
Section 96. Number of Days’ Usage in Cash – The LGU may adopt a policy of
maintaining its cash at a level equal to a certain number of days’ requirement. This may
138
be done by computing the average cash requirement per day and the number of days’
usage in cash. The following formulas are used in the computations:
Cash Balances
b. Number of Days’ Usage in Cash = _____________________________________
The resulting number of days’ usage in cash will show how many days the LGU’s current
cash balances will be able to cover current operational requirements.
B. Capital Investment and Expenditure Assessment - With the expanded role of the
Local Treasurer as the financial adviser to the LCE in the sourcing and management of
LGU funds and the increasing opportunity for LGUs to embark on long-term income-
generating capital projects, it is becoming more imperative that the Local Treasurer
should have basic working knowledge of the different tools used in the evaluation and
assessment of capital investment activities. This is so because capital projects involve the
commitment of a large amount of LGU resources and funds and increase the financial
risk in their operation so much so that whatever decisions made in the present would have
future material repercussions to the LGU.
Section 97. The Administrative Process for Capital Expenditures – This involves
searching for capital investment opportunities, submission of project proposals to
prospective funders/underwriters, evaluation of various proposals, control of capital
expenditures and follow up of results. To be assured that capital investment proposals
would be consistent with the LGU long-term plans and programs and to avoid waste of
time, effort and resources, criteria for the project proposals must be established. The
criteria may include the objective, relevance, suitability to the LGU, and most
importantly, profitability or income-generation potential of the proposed project. To
guide the Local Treasurers in the evaluation and analysis of the different project
proposals the following methods may be employed:
Section 98. Payback Period - The payback period refers to the length of time or number
of years it will take to recover the initial outlay for a project. The formula is:
Investment
Payback Period = ________________________________
139
The annual cash inflow from operations is the amount of cash a project is expected to
generate annually. It is equal to the cash inflows from projected sales and or service fees
minus the estimated cash outflows for operational expenses. The payback period will
determine the number of years of recovering the cost of the project within the economic
life of the asset. The economic life of an asset is its estimated useful life or that length of
period during which economic benefits can be derived therefrom. It is usually shorter
than the physical life of the asset.
1) Payback period is shorter than the economic life of the asset - If the
payback period is shorter than the economic life of the asset, the LGU is
expected to realize profit or investment return between the payback period and
the economic life.
2) Payback period is equal to the economic life of the asset - If the economic
life is just equal to the payback period, the investment would not be bringing
in any income and may even be considered a losing proposition since the time
value of money is disregarded.
3) Annual cash flow is uneven - If the annual cash inflows are uneven, the
payback period is computed by adding the annual cash inflows from year to
year until the accumulated amount becomes equal to the investment cost. If
the asset has a scrap value, the payback period may be computed by dividing
the investment (less scrap value) by the annual cash inflow from operations.
Section 99. Discounted Cash Flow (Present Value of Cash Returns) – The discounted
cash flow method in the evaluation of capital investment proposals consider the time
value of money. Time value of money refers to the expected increase in its peso value
considering the prevailing interest rates, the passage of time, and opportunity cost of
capital and similar factors.
In the evaluation of capital projects, it is important to compare the present value of future
cash inflows with the present value of the investment cost. The expected cash inflows of
a capital project represent future values since they are to be realized yet in the future. On
the other hand, the capital investment is an outlay generally made at the inception of the
project hence it is a present value. In order to assess the viability and profitability of an
investment or capital project, the present value of the expected cash inflow must therefore
be determined before they are compared with the present value of investment.
To illustrate, a peso invested today must be considered greater than P1 after one year. An
investment of P600 today would be greater than P700 to be collected after one year if the
cost of money is 25% per annum. This is because the P600 of today must amount to P750
after one year (P600 x 125%). In other words, P1 of today must be P1.25 after one year.
Thus, the ratio of the present value based on the future value is 1:1.25 or .8 (or 8%). In a
reverse case, P.80 of today must be worth P1 a year after. The present value of P700 to
be collected next year must be P560 (P700/125% or P700 x .8).
140
a. Present Value of an Annuity of 1 – This refers to the total of all the present
values of 1 to be received (or paid) at regular intervals in the future. Thus the
present value of an annuity of I for three (3) years discounted at 25% is equal to
the total of the present values of 1 due after one year, after two years, and after
three years.
The factor to be used in the computation is found in the Annuity Table (See LTO
Annex 85 on the Present Value of an Annuity of 1 to be Received for n Year).
Illustration : The present value of an annuity of P700 for three (3) years
discounted at 25% will be computed as follows using the factor under Year 3
and under 25% as shown in the Annuity Table:
b. Present Value of Uneven Cash Returns – If the annual cash returns are
uneven, their present values are computed by multiplying each annual net cash
inflow by the factor for the corresponding year and adding the products.
Illustration: Assume that the net cash inflows are as follows and the cost of
money is 25%:
Solution: The net cash inflow of each year is multiplied by the present value of
1 discounted at 25% for one year, two years, and three years, as the case may be,
using the Annuity Table as follows:
This means that an investment of P5,065 is earning at 25% per annum based on
the given cash returns.
c. Discounted Rate of Return - The discounted rate of return is the rate at which
an investment is earning. It is the rate which equates the present value of cash
returns with the present value of the initial investment. In other words, if the cash
returns were discounted at this rate, their present value would be equal to the
present value of the investment.
141
The discounted rate of return is computed as follows:
Investment
Payback Period = _________________
= P1,366.40
P700
= 1.952 years
Step 2: Locate 1.952 in the present value of the Annuity Table on line
three years, the economic life of the asset. This is found in column 25%.
The discounted rate of return or the rate at which the investment is earning
is 25%.
d. Net Present Value – This represents the excess of the present value of annual
cash returns (discounted at the lowest acceptable rate) over the present value of
the initial capital investment.
This method is based on the fact that with identical cash flows from two
alternatives, the project that is expected to earn a higher rate of return must
require a smaller amount of investment. In other words, a project which requires
a smaller amount of capital must be earning at a higher rate if it will bring in the
same amount of cash returns for the same number of years.
142
Solution: The net present value is computed as follows:
This means that a project from which annual cash returns are P700 for three years
and earning at the rate of 20% must require an investment of P1,474.20.
Inasmuch as the investment requirement in the project as proposed is P1,366.40
only or less by P107.80, the rate of return on the project being evaluated must be
higher than 205%. Therefore, the project should be approved based on the rate of
return criterion.
* Factor based on the Annuity Table under 3 years and under 20%
This means that under this method, the present value index must be at least 100%
for the proposed project to deserve an approval based on the rate of return
requirement.
Full discussion on the different information required to be prepared by LGUs in order for
them to be able to borrow funds, such as preparation of project proposal, financial
analysis, and other relevant project data, is contained in a separate manual entitled
Borrower Assessment and Project Evaluation Manual.
C. Debt Management. Since the Local Treasurer is the custodian of all funds of the
LGU including funds sourced from loans and other types of indebtedness, it is equally
important that he should be involved in the overall debt management strategy of the
LGU.
143
Section 100. Purpose and Need for Debt – The LGU normally should rely on internally
generated funds or grants to finance its capital needs. However, with the enactment of the
LGC, more and more LGUs are financing acquisition or construction of projects and
capital assets through the incurrence of loans from government banks or issuance and
sale of bonds. The Local Treasurer should be able to advise the LCE on the propriety of
financing capital projects through bank loans or issuance of debt instruments such as
bonds. The LGU should consider long-term financing for the acquisition, maintenance m,
replacement or expansion of physical assets (including land) only if these assets have a
useful life of at least five years or if the economic enterprise would be expected to
generate revenue in the near term. Long-term loans should never be used to fund regular
operating expenses.
Section 101. Funding Competing Capital Projects - It is equally important for the
Local Treasurers to know which capital project to choose from several alternative
projects in order to maximize the utilization of loans proceeds. In the selection of projects
to be funded, a balance will be established between the projects’ abilities to meet the
LGU’s priorities and the financial requirements of the projects. For each project, the
viability and approvability of the project and its funding from long-term debt should be
assessed based on the following factors:
a. Nature of the project and uses of funds – For each project for which the loan is
proposed, the nature of the project, as well as the intended use of the loan
proceeds should be fully described.
c. Expenditure plan and sources of debt servicing – A detailed plan for the funds
expenditure and debt repayment should be developed foe each project. The plan
should demonstrate the timely matching of funds availability with project
expenditures and that debt service should commence with the flow of revenues
needed to pay the interest and principal on the debt. The basis of the estimates for
the project cost expenditure plan and the basis of revenue cash flow estimates
should be documented and the risk associated with those revenue flows should be
analyzed.
Section 102. Debt Management Policies – The LGU should adopt and maintain
effective debt management policies that recognize the capital improvement needs of the
144
LGU as well as the taxpayers’ ability to pay while taking into account existing legal,
economic, financial and debt market considerations. The following factors relevant to the
issuance of debt should be considered:
The LGU may adopt a combination of the following debt management policies
depending upon its needs and situation:
145
k. The LGU shall avail of soft loans with concessional rates of interest and long
repayment terms. In case the LGU issues bonds and other debt instrumentalities,
it shall market its debt through the use of competitive bidding whenever deemed
feasible, cost effective and advantageous to do so.
l. The LGU shall continually monitor its outstanding debt in relation to existing
conditions in the debt market, and shall refinance/restructure its debt when it is
more cost effective and advantageous to do so. The LGU may also consider the
pretermination or early repayment of its debt when sufficient cost savings can be
realized.
In case the LGU issues bonds to finance its capital projects, it should stabilize its debt
service payments through the use of appropriate stabilization arrangements such as the
maintenance of a Sinking Fund or the establishment of Fund Reserves.
Section 103. LGU Financing Modalities Manual and Debt Management Manual -
To enable the LGUs to have a publication-ready and web-based manual that will cover
the description of the financing sources and a financing formulation guide to guide LGUs
in analyzing alternative funding sources vis-à-vis their funding requirements, and
selecting the appropriate funding source or sources, the LGU Financing Modalities
Manual is separately issued for use by the LGUs. Corollary to the LGU Financing
Modalities Manual is the Debt Management Manual that will serve as a guidebook for the
sound management of the LGU debts.
146
Chapter 2. ACCOUNTABILITY, RESPONSIBILITY AND LIABILITY OF
LOCAL TREASURERS FOR FUNDS AND PROPERTY
Section 104. Definition of Terms. - The following terms shall be understood in the
sense as hereunder defined, unless the context otherwise indicates:
147
which is the process of elevating to the next higher authority a decision, order or
ruling.
l. Responsibility- The obligation to prudently exercise assigned or imputed
authority attaching to the assigned or imputed role of an individual or group
participating in organizational activities or decision.
m. Settlement -The process of determining the status or balance of the accountability
of an accountable officer.
n. Suspension- The deferment of action to allow or disallow in audit a transaction
pending compliance with certain requirements.
Section 105. Accountability of government funds and property – Provincial, city and
municipal officers and employees whose duties permit or require the possession or
custody of government funds shall be accountable and responsible therefor and for the
safekeeping thereof in conformity with the provisions o the accounting law (Sec. 633,
Revised Administrative Code). The Treasurer of a province, city, municipality, barangay
or other political subdivision, shall be primarily accountable for all government funds
pertaining to his province, city, municipality, barangay or other local political subdivision
as the case may be. In case of LGUs who have not created the Office of General
Services, the local treasurers shall also be primarily accountable for all government
properties pertaining to the province, city, municipality, barangay or other local political
subdivision, as the case may be.
a. The head of a local government unit is immediately and primarily responsible for
all government funds and property pertaining to his agency.
b. Persons entrusted with the possession or custody of the funds or property under
the LCE shall be immediately responsible to him without prejudice to the liability
of either party to the government. (Section 102, PD 1445)
a. Develop and install a sound internal control structure to include the internal
control and environment, accounting system and procedures.
b. Maintain the internal control environment in order to safeguard assets, produce
reliable financial information and promote operational efficiency.
To guide the LCE in the establishment of a good internal control system, a full discussion
on the concepts, policies and procedures on internal control structure is presented in
Annex 88 of the Manual. In addition, some basic Internal Control Questionnaires (ICQ)
on the proper management, handling, custody and disbursement of funds, as well as on
certain types of financial transactions, are presented in Annex 89.
148
be a personal liability of the official or employee found to be directly responsible
therefor. (Section 103, PD 1445)
a. Every officer accountable for government property shall be liable for its money
value in case of improper or unauthorized use or misapplication thereof, by
himself or any person for whose acts he may be responsible. He shall likewise be
liable for all losses, damages, or deterioration occasioned by negligence in the
keeping or use of the property, whether or not it be at the time in his actual
custody.
Money value, as used herein, means the book value of the lost property taking
into consideration the depreciation thereof. (COA Decision No. 742 dated Feb. 9,
1989)
b. Every officer accountable for government funds shall be liable for all losses
resulting from the unlawful deposit, use, or application thereof and for all losses
attributable to negligence in the keeping of the funds. (Section 105, PD 1445)
c. An officer who fails to notify and apply for relief from cash accountability within
the prescribed time, in time of loss, shall not be relieved of liability or allowed
credit for any such loss in settlement of his accounts (Sec. 73, PD 1445).
d. The local treasurer or any accountable officer is not relieved of liability for illegal
payment, application or disposition of public funds and property because such
149
illegal acts were done under the direction of a superior. The superior officer is
primarily liable while the local treasurer or any accountable officer is secondarily
liable.
a. As a general rule, the accountability of the general services officer, the provincial,
city, or municipal treasurer for government funds and property shall begin at the
time he actually assumes control of the transactions connected therewith and ends
at the time he actually ceases to have such control. As the responsibility of each
incumbent must be fixed definitely, complete inventories of all liquid assets,
quick assets, fixed assets, and accountable forms shall be accomplished upon each
transfer of such accountability, whether temporary or permanent. These
inventories shall invariably be dated as of the date of such transfer, although the
taking, checking and preparation of the same may be delayed for several days.
The invoice receipt shall similarly be dated but the date it is actually signed by the
outgoing and incoming officer shall be clearly stated.
b. It will, therefore, be noted that the actual signing of the invoice-receipt may be
made several days after the new incumbent has assumed control of the
transactions involving, funds, property and accountable forms. It will not,
however, be understood that because he has not receipted for the money, property
and accountable forms, he is not responsible for the interim transaction connected
therewith on which he has stamped his approval. His predecessor can only be
held responsible for the transactions occurring during the periods of the latter
accountability. Sometimes, there are transactions or expense vouchers that
pertain to the period of accountability or incumbency of an outgoing officer, but
which for one reason or another are not taken up in the books before the transfer
is effected. Although such transactions may already bear the approval of the
former treasurer, the new treasurer shall carefully investigate the circumstances
and examine the nature of the transactions before having them entered in his
accounts. Once these transactions are taken up in the new treasurer’s books, the
legal presumption is that he has also approved such transactions and assumed
responsibility therefor, even if the same does not bear his own approval on the
face of the voucher. In order to preclude misunderstanding between the outgoing
and incoming treasurers, the former shall ensure that all transactions for which he
is responsible shall be entered into his own accounts, prior to the assumption of
the latter.
150
c. No clearance shall be granted the outgoing accountable officer, in case of willful
neglect of transfer of accountability. In such event, the incoming local treasurer
or accountable officer shall inform the local chief executive or his superiors, as
the case maybe of such failure. Consequently, he shall request the Secretary of
Finance, thru the local chief executive, or his immediate superior, as the case
maybe, for the creation of a committee to conduct inventory of the funds and
property under the accountability of the outgoing accountable officer.
d. A copy of such inventory shall be furnished the local auditor for his information
and audit.
a. Before the transfer of accountability is effected, all the books and accounts shall
be completely written up to date, including reports on accountable forms and
cashbooks as well as supplies adjustment sheets.
b. The cashbooks shall then be totaled and closed as of the date of the transfer, ruled,
and certified by the outgoing treasurer, showing the balance per book and the
amount transferred to his successor. The successor shall also certify therein
acknowledging the amount actually received by him/her from his/her predecessor.
c. All cash and cash items, checks, certificates of time deposit, stock certificates
shall be counted and listed in an inventory showing the denomination and amount
of each cash and cash item.
d. The inventory of checks shall also show the serial numbers, dates, amounts and
names of payees and of the banks on which drawn.
e. Investment certificates like time deposits, treasury bills and stock certificates
shall be inventoried showing their serial numbers, amounts and type of
investments.
151
f. The inventory of cash and cash items shall be compared with the cashbook
balances, the ledger balances and other records.
________________________________
Outgoing P/C/M Treasurer
__________________________
Date
I hereby certify that I have this _______ day of ___________, actually received
from my predecessor, Mr./Ms. _________________ all the items described
above, as of ___________________, the date of transfer of accountability, except
_____________________________________.
_______________________________
Incoming P/C/M Treasurer
___________________________
Date
152
c. All other important documents such as stock certificates, certificate of time
deposits, treasury bills, duplicate combination of safe, etc., pertaining to the
Office, which are not included in the inventory aforementioned must also be listed
and invoiced by the outgoing treasurer and receipted for by the incoming
treasurer.
a. An accountable officer, upon ceasing to act in his official capacity as such, shall
submit to the Auditor of the agency concerned a report of his accountability.
b. Any remaining balance of such accountability shall be deposited in the proper
treasury without unnecessary delay. (Section 80, PD 1445)
Section 116. Clearance from Money and Property Accountability. - No local treasurer
or officer accountable for government funds and property shall relinquish their office due
to resignation, leave of absence, transfer or retirement until he shall have secured a
clearance from money and property accountability from the local government unit
concerned. In case of death, such clearance shall nevertheless be secured by his lawful
heirs.
153
have been appointed and qualified. In the case of barangays, the Barangay Chairman
shall designate the custodian. The local chief executive may appoint a committee to count
the cash and take an inventory of the property for which the officer was accountable and
to determine the responsibility for any shortage therein. One copy of the inventory duly
certified shall be filed with the Commission on Audit or its duly authorized representative
but the findings of the committee shall not be conclusive until approved by the latter.
Section 119. Credit for Loss Occurring in Transit or Due to Casualty or Force
Majeure. - When a loss of government funds or property occurs while they are in transit
or the loss is caused by fire, theft, or other casualty or force majeure, the officer
accountable therefore or having custody thereof shall immediately notify the Commission
on Audit or the auditor concerned and, within thirty days or such longer period as the
Commission on Audit or auditor may in the particular case allow, shall present his
application for relief, with the available supporting evidence. Whenever warranted by the
evidence, credit for the loss shall be allowed. An officer who fails to comply with this
requirement shall not be relieved of liability or allowed credit for any loss in the
settlement of his accounts. (Section 73 (1), PD 1445)
Section 120. Basic Requirements for Request for Relief from Accountability. - The
following documents shall constitute the basic requirements for request for relief from
money or property accountability including accountability for accountable forms with
money value:
1) The basic notice of loss to be filed immediately after the discovery of the
loss and the request for relief from accountability which should be filed by
the proper accountable officer within the reglementary period of thirty
(30) days from the occurrence of the loss, with the Auditor concerned or
the Commission;
2) In case of delay in the filing of the aforesaid notice and request,
satisfactory explanation or the reason/s for such delay should be submitted
after which the reason/explanation given should be verified or confirmed
by the Auditor concerned;
3) If the occurrence of the loss has also been reported to other police
agencies, like the National Bureau of Investigation (NBI), the
progress/final investigation report thereon should be submitted;
4) Affidavit or Sworn Statement of the local treasurer or the proper
accountable officer on the facts and circumstances surrounding the said
loss, supported by the Affidavit of two (2) disinterested persons who have
personal knowledge of such fact of loss. Affidavit executed by the
accountable officer should state the following facts:
154
a) Exact or accurate amount of government cash , book value of the
property and money value of accountable forms, subject for
request for relief;
b) Actual date in which the loss was first noted;
c) Manner of disappearance;
d) Efforts put forth to recover the same;
e) Provisions made to safeguard the cash, property or accountable
forms; and
f) Date when the loss was reported to the auditor and the police
authorities
a) Fire –
155
iii. Authenticated pictures showing the site/office or government
properties razed by the fire.
iv. Fire insurance policy, if any, covering the subject property.
If the property is insured, information as to whether or not
the Agency concerned has already been paid the proceeds of
the said insurance policy, shall be discussed. If in the
affirmative, evidence to this effect should be submitted. If
the property has not been insured, reasons to this effect shall
be submitted.
b) Theft Robbery/Hold-up
156
ii. Certification of the proper official of the local PAGASA or
other similar government agency on the actual occurrence
of the calamity specifying therein the approximate or exact
time the incident happened and the areas or places affected
thereby.
Section 121. Examination by the Commission on Audit. - The books, accounts, papers,
and cash of all local treasurers and other accountable officers shall at all times be open to
the inspection and examination of the Commission on Audit or its duly authorized
representatives.
Section 122. Service of Demand upon the Accountable Officer to Produce His Cash
and Other Accountabilities. - All local treasurers and accountable officers shall produce
all cash, cash items and accountable forms in his possession upon service of demand or
cash production notice by the Auditor as incorporated in General Form No. 74 (A).
Failure on the part of the treasurer and other accountable officers to produce all the funds
and property in his charge, on demand of any officer authorized to examine such person
or treasury, shall be deemed to be prima facie evidence that such missing funds or
property have been put to personal use.
Section 123. Sealing of Safe. - The sealing of safe and other cash receptacles shall be
resorted to by the examining officer only in exceptional cases, such as:
a. The absence or non-appearance of the accountable officer for the count specially
when the intention of the auditor to examine the former has become obvious or
made known to other employees;
b. When the accountable officer refuses to submit himself to cash examination;
c. An interruption or the non-completion of the count during the day or the
necessity of controlling cash, cash items and records; and
d. In cases of deceased, incapacitated or absconding accountable officer pending the
cash count to be conducted by a committee created to make an inventory of his
cash, cash items and other accountabilities.
Section 124. The Count and Inventory of Cash. - All cash, cash items and accountable
forms shall be counted in the presence of the accountable officer who produced the same.
Cash shall be counted from the highest to the lowest denomination. Mutilated bills must
be examined for acceptability. Cash items such as, cash in pay envelopes, checks,
treasury warrants, money orders, paid voucher, partially paid payrolls, etc., shall be
segregated by groups.
157
The following shall be disallowed as credit to accountable officer's accountability:
No accountable officer or employee may leave the desk while the count is in progress
until his own particular accountability have been counted, determined as to correctness,
and recorded by the examiner. Nor shall any one be permitted to approach the desk while
this count is going on. If for any reason, the cash cannot be counted without interruption,
immediately upon arrival of the examiner, the safe or safes, drawers, and other possible
cash receptacles in the office of the accountable officer shall be sealed securely, so that
when counted, the contents of the same will be in the same condition as when the
examining officer arrives.
At the end of the count, the grand total of all cash, checks, warrants, and cash items as
well as accountable forms presented will be taken and immediately the cash count
inventory and inventory of accountable forms will be certified and signed by the
accountable officer or employee concerned regardless of whether the grand total tallies or
not with the balance of accountability shown in the cash book of the accountable officer.
The signature of the accountable officer concerned shall be witnessed by at least two (2)
witnesses.
Section 125. Inspection of the Safe or Safes and Other Cash Receptacles. - Prior to
or simultaneous to the inventory of cash and accountable forms, the local treasurer and/or
accountable officer shall permit the auditors to inspect and examine minutely the total
contents of the safe or safes, drawers, boxes, and other possible cash receptacles in the
office of said accountable officer. If there are envelopes or bound packages inside the
safes or drawers or other containers in the office, the same shall be opened and the
contents inspected. Money or valuables found in a government safe and claimed by an
officer or employee as his own private property shall be segregated and marked as such.
Section 126. Certification of the Cash books in the Course of Cash Examination. –
a. When the inventories of cash and cash items, and accountable forms have been
made and certified, the local treasurer shall update recording of his
accountabilities in his cash books. As soon as all collections and remittances and
all paid vouchers will have been entered in the cash book as of the date of
examination and before the daily balances and daily totals thereof are actually
158
verified by the examiner, the accountable officer keeping the same will be
required to foot, balance and rule it in ink and to make the following certificate on
the line immediately below the last balance to ascertain from him that the
transactions therein recorded are true and correct:
" I hereby certify on my official oath that all cash and depository
transactions had by me in my capacity as __________________of
_______________________ at the time of examination, showing a
balance of ____________________________(P______________) have
been correctly and completely recorded in this cash book.
______________________ ___________________________
(Date) (Signature)
b. If, after verification of the entries in the cash book, errors or omissions are found
therein, the accountable officer shall be required to effect the adjusting/correcting
entries and then to foot, balance and rule the cash book. The aforementioned
certification above shall likewise be required after the last entry.
c. After the completion of the cash examination, the following certification shall be
made by the auditor/examiner on the cashbook below the accountable officer's
certification:
_______________________
Signature
_______________________
Title
Section 128. Certification in General Form No. 74 (A). - After the balance of
accountability of the accountable officer has been finally determined, the Auditor shall
159
compare such balance to the inventory of cash and/or allowed cash items to ascertain
shortage or overage, if any. The following certification shall then be executed by the
Accountable officer at the back of General Form No. 74 (A), as follows:
The Auditor/Examiner, on the other hand shall execute the following certification:
_______________________
(Signature of Examiner)
Section 129. Report of Cash Examination. - After the cash examination is completed,
the auditor shall prepare and submit a final narrative report, whether or not there is a
shortage. The report shall contain all the important details, data and information
disclosed in the examination and usually consists of three parts, namely, the introduction,
the findings and the recommendations. It shall be supported with documentations
prescribed by the Commission on Audit.
a. Any public officer who, by reason of the duties of his office, is accountable for
public funds or property, shall appropriate the same, or shall take or
misappropriate or shall consent, or through abandonment or negligence, shall
permit any other person to take such public funds or property, wholly or
partially, or shall otherwise be guilty of the misappropriation or malversation
160
of such funds or property, shall suffer the corresponding penalties prescribed
by law.
b. 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 uses. (Article 217 of the Revised Penal Code)
c. The term public officer as used in the law is with reference to a person who, by
direct provision of the law, popular election or appointment by competent
authority, shall take part in the performance of public functions in the
government, or shall perform in said government or in any of its branches
public duties as an employee, agent, or subordinate official, of any rank or
class. (Article 203 of Revised Penal Code)
a. The examining officer shall always make a formal written demand, in case of
shortage, upon the defaulting officer to produce the missing funds,
immediately upon the discovery of the same.
b. The demand shall be addressed to the defaulting officer in person; shall give
his title; shall notify him of the discovery and the amount of the shortage in
the examination of his cash, books, and account; shall specify by whom,
when, and where the examination was performed; shall fix the time and place
for restituting the amount of the shortage; and shall require him to submit
within the same period of time a written explanation why criminal prosecution
should not be filed against him in view of the shortage.
161
b. Thereupon, the examining officer shall immediately turn over to the
accountable officer next-in-rank in the local treasury service, unless the said
office is likewise under investigation, the office of the treasurer and its
contents, and close and render his accounts on the date of turnover.
c. In case the accountable officer next in rank is under investigation, the auditor
shall take full possession of the office and its contents, close and render his
accounts on the date of taking possession, and temporarily continue the
public business of such office until such time that the local treasurer is
restored or a successor has been duly designated.
d. The local treasurer or accountable officer found with such shortage shall be
automatically suspended from office. (Section 348, RA 7160)
Section 133. Notice to the BLGF in Case of Shortages. - Immediately upon the
discovery of a shortage in the cash and accounts of a provincial, city and municipal
treasurer, the COA Auditor shall notify the Executive Director of the Bureau of Local
Government Finance (BLGF) of the Department of Finance, thru the appropriate
channels, of the fact, for their information and appropriate action. The notice shall
include information on the amount of shortage and the case/s filed with the Office of the
Ombudsman or the proper Courts, if any.
c. In case the said accountable officer or other person having the possession and
control of the property sought to be placed under constructive distraint refuses
or fails to accomplish the receipt herein referred to, the representative of the
Commission effecting the constructive distraint shall proceed to prepare a list
of such property and in the presence of two witnesses leave a copy thereof in
162
the premises where the property distrained is located, after which the said
property shall be deemed to have been placed under constructive distraint
a. The Auditor may direct the proper officer to withhold the payment of any
money except retirement pay or gratuities, due the defaulting accountable
officer once his cash shortage is finally ascertained. The withholding order
shall be signed by the Auditor in the following manner:
__________________
Auditor
Section 136. Cash Overage. – In case of cash overage, satisfactory explanation shall be
submitted by the accountable officer to the Auditor/Examiner. If the overage cannot be
satisfactorily explained by the accountable officer, the amount shall be forfeited in favor
of the government and an official receipt issued therefor by the collecting officer.
Examinations shall be extended, if necessary, for the purpose of ascertaining the cause of
the overage and any underlying irregularity.
b. A showing in this manner of any balance against the officer shall be prima
facie evidence of the misappropriation of the funds or property unaccounted
for or of civil liability of the officer as the case maybe.
163
production of the original when this appears to be necessary for the attainment
of justice.
b. The certificate shall be properly itemized and shall state the reasons for
disallowance, charge, or suspension of credit.
a. This Certificate shall be issued by the Auditor to the agency head and the
concerned accountable officers of the audited agencies for all transactions
duly post-audited. The certificate summarizes all suspensions, disallowance
and charges found in audit, including the settlements thereof as of a given
date.
b. It shall be issued within ten (10) days after the end of each quarter, for every
accountable officer and for each fund. The Auditor is not, however precluded
from issuing the CSB as often as he deems it practicable.
164
Section 141. Notice of Suspensions (NS) –
a. This Notice shall be issued as often as suspensions are made by the auditor for
the purpose of notifying the agency head and the accountable officer
concerned on the suspended transactions.
b. The NS shall indicate the amount suspended, the reason/s for the suspensions
and the requirement/s to be complied with in order to lift the suspension.
c. The date of receipt of the NS by the agency head and responsible officer
concerned or their authorized representative shall be the reckoning date for
purposes of counting the 90 day period after which, the suspension shall
mature into disallowance.
a. This Notice shall be used and issued as often as disallowance are made by the
auditor in order to notify the agency head, the accountable officers concerned,
and the other persons liable for the disallowed transaction.
b. The date of receipt of the ND by the agency head and the persons liable
thereof or their authorized representative, shall be the reckoning date for
purpose of counting the period of appeal after which, the disallowance
becomes final and executory.
a. This Notice shall be used and issued as often as charges are made by the
auditor to notify the agency head, accountable officer concerned and other
persons liable for the deficiencies noted in the audit of revenues and receipts.
The amount charged shall be indicated as well as the reasons therefor.
b. The date of receipt of the NC by the LCE and the persons liable thereof or
their authorized representative, shall be the reckoning date for purposes of
165
counting the period of appeal after which, the charge becomes final and
executory.
a. This Order shall be used by the Auditor to enforce the settlement of audit
disallowance and charges, whenever the persons liable therefor refuse or fail
to voluntarily settle the disallowance and charges after the decision has
become final and executory.
b. The Auditor shall, through the agency head, order the Cashier/Treasurer/
Disbursing Officer to withhold the payment of any money due the person
found to be liable therefor, if no payment/refund is so far made.
d. The Auditor shall send at least two memoranda (five days apart) requiring the
Cashier/Disbursing Officer/Treasurer to comply with the Auditors' Order.
e. After the lapse of five (5) days from receipt of the second memorandum
without complying with the Auditor's Order, the auditor shall submit a report
of such non-compliance to the COA Director concerned together with the
necessary supporting documents.
f. The COA Director concerned, after evaluation of the auditor's report, shall
call the attention of the local government unit head within the level of his rank
and within his audit jurisdiction regarding the non-compliance to the Auditor's
Order.
g. If still no action is taken thereon within a reasonable time, the Director shall
report to the COA Chairman the inaction of local government officials on the
Auditor's order.
h. The COA Chairman, based on the report of the Auditor and the
recommendation of the Director, is expected to communicate to theLCE
requesting that the persons liable be required to settle the disallowance and
charge, and to take such actions as are deemed necessary under the
166
circumstances. A copy of this communication shall be furnished the auditor
thru the Director concerned.
i. In case the LCE fails to enforce the settlement within thirty (30) days from the
COA Chairman's request, the auditor shall submit a report to the Chairman,
thru the Director concerned. Thereafter, the Chairman thru the Legal Office
may cause the filing of the necessary administrative and/or criminal complaint
with the Civil Service Commission, Office of the Ombudsman or other
appropriate agencies concerned on the basis of the evidences/documents
presented.
Section 147. Grounds for Suspension. - The Auditor's Notice of Suspension is issued
for:
a. Transactions or accounts which could otherwise have been settled for some
documentary or technical requirements, like lack of supporting documents or
proper signatures.
b. Transactions or accounts the legality/propriety/regularity of which the Auditor
doubts, but which may possibly be allowed in audit after satisfactory explanation
or valid justification by the parties concerned.
The Auditor shall issue the ND or NC on the amount of the transaction suspended if he is
not satisfied with the explanation or justification submitted, in which case, said
disallowance or charge shall be reflected in the subsequent Certificate of Settlement and
Balances, even if the ninety day period has not yet elapsed.
b. The auditor may, however, issue a separate memorandum notifying the local
government unit head and the accountable officer concerned of the settlement of
the suspensions prior to the issuance of the next CSB.
c. A suspension which is not settled within ninety (90) days from receipt of the
Notice of Suspension, or within such extended period as may be authorized by the
Auditor shall become a disallowance/Charge.
Section 149. Grounds for Disallowance. - All transactions which are irregular,
unnecessary, excessive and extravagant and those which are illegal and unconscionable
167
shall be disallowed in audit. The description of these types of expenditures is found in
BOOK III of this Manual.
Section 150. Grounds for Charges. - In the determination of what constitutes an audit
charge in relation to the audit of revenues and receipts, the following shall be observed:
a. When there is error in the assessment which resulted in under collection, the
corresponding NC shall be issued to the assessing or appraising officer concerned.
Instances of over-collection shall be taken up in the books as payable to the payor
or proper party, and the corresponding AOM shall be issued.
b. When there is error in the computation of the amount due to the payor which may
either be over collection or under collection, the under collection shall be a proper
charge against the collecting officer, while the over collection shall be taken up in
the books as payable to the payor or proper party and the corresponding AOM
shall be issued.
If the amount collected is less than what is due for the period, the difference shall
constitute a charge against the collecting officer.
a. Public officers who are custodians of government funds and/or property shall be
liable for their failure to ensure that such funds and properties are safeguarded
against loss or damage; that they are expended, utilized, disposed of or transferred
in accordance with law and regulations, and on the basis of prescribed documents
and necessary records.
b. Public officers who certify to the necessity, legality and availability of
funds/budgetary allotments, adequacy of documents, etc. involving the
expenditure of funds or uses of government property shall be liable according to
their respective certifications.
c. Public officers who approve or authorize transactions involving expenditure of
government funds and uses of government properties shall be liable for all losses
arising out of their negligence or failure to exercise the diligence of a good father
of a family.
168
d. Public officers and other persons who confederated and conspired in a transaction
which is disadvantageous or prejudicial to the government, shall be held liable
jointly and severally, including those who benefited therefrom.
e. The payee/claimant of an expenditure shall be personally liable for the
disallowance where the ground thereof is his failure to submit the required
documents, and the auditor is convinced that the event relative to the disallowed
transaction did not occur, or has no basis in fact.
The liability for audit charges shall be measured by the individual participation or
involvement of persons in the charged transaction; i.e. public officers whose duties
require the appraisal/assessment/collection of government revenues and receipts shall be
liable for under-appraisal, under-assessment, and under-collection thereof.
Section 153. Finality of the Report, Certificate of Settlement and Balances, Order
or Decision. - Unless a request for reconsideration is filed or an appeal is taken, the
report , Certificate of Settlement and Balances, order or decision of the Auditor shall
become final upon the expiration of six (6) months after notice thereof to the parties
concerned.
Section 154. Motion for Reconsideration. - The Auditor shall entertain only one (1)
motion for reconsideration. If the Auditor reconsiders or modifies his original decision
disallowing a transaction, the same shall be automatically reviewed by the COA Director.
In this event, the Auditor shall, within ten (10) days, certify the case and elevate the
entire record to the Director for review.
b. The appeal maybe taken to the Director within six (6) months after notification to
the party of the report, notice of disallowance and charges, Certificate of
Settlement and Balances, order or decision complained of, by filing with the
Auditor a Notice of Appeal. The appellant shall file an appeal memorandum
within twenty (20) days from the receipt of the Order of the Director requiring the
same.
c. The Director may reverse, modify, alter, or affirm the decision or ruling of the
Auditor. However, should the Director render a decision reversing, modifying or
altering the decision or ruling of the Auditor, the Director shall, within ten (10)
days, certify the case and elevate the entire record to the COA Commission proper
for review and approval.
169
d. Only one (1) motion for reconsideration of the order or decision of the Director
shall be entertained. The receipt of the Auditor of the Notice of Appeal and/or
Motion for reconsideration shall stop the running of the period of appeal to the
Commission Proper (6 months) and shall resume upon receipt by the Appellant of
the Director's final decision.
a. The party aggrieved by a final order or decision of the Director may appeal to the
COA Commission Proper by filing a petition for review in seven (7) legible
copies with the Commission Secretariat, a copy of which shall be served on the
Director.
b. The appeal shall be taken within the time remaining of the six (6) months period,
taking into account the suspension of the running thereof.
170
Chapter 3. ADMINISTRATIVE, CIVIL AND CRIMINAL LIABILITIES
OF LOCAL TREASURERS IN THE ADMINISTRATION
OF LOCAL TAXES, FEES AND CHARGES
a. Penalty for failure to issue and execute warrant – Without prejudice to criminal
prosecution under the Revised Penal Code and other applicable laws, any local
treasurer who fails to issue or execute the warrant of distraint or levy after the
expiration of the time prescribed, or who is found guilty of abusing the exercise
thereof by competent authority shall be automatically dismissed from the service
after due notice and hearing (Sec. 177, LGC).
c. Penalty for failure to issue and execute warrant – without prejudice to criminal
prosecution under the Revised Penal code and other applicable laws, any local
treasurer or his deputy who fails to issue or execute the warrant of levy within one
(1) year from the time the tax becomes delinquent or within thirty (30) days from
the date of the issuance thereof, or who is found guilty of abusing the exercise
thereof in an administrative or judicial proceeding shall be dismissed from the
service (Sec. 259, LGC).
e. Failure to collect tax due on real property – Any officer charged with the duty
of collecting the tax due on real property who willfully or negligently fails to
collect the tax and institute the necessary proceedings for the collection of the
same shall be punished by a fine of not less than One thousand pesos (P1,000) nor
more than Five thousand pesos (P5,000), or by imprisonment of not less than one
(1) month nor more than six (6) months, or both, at the discretion of the court
(Sec. 517, LGC).
171
f. Failure to dispose of delinquent real property at public auction – The local
treasurer concerned who fails to dispose of delinquent property at public auction
in compliance with pertinent provisions of the Local Government Code, and any
other local government official whose acts hinder the prompt disposition of
delinquent real property at public auction shall, upon conviction, be subject to a
fine of not less than One thousand pesos (P1,000) nor more than Five thousand
pesos (P5,000), or imprisonment of not less than one (1) month nor more than six
(6) months, or both, at the discretion of the courts (Sec. 519, LGC).
a. Frauds against the public treasury and similar offenses – The penalty of
prision correccional in its minimum period, or a fine ranging from P200 to
P10,000 pesos, or both, shall be imposed upon any public officer who:
x x x x x x
being entrusted with the collection of taxes, licenses, fees and other imposts, shall
be guilty of any of the following acts or omissions:
172
3) The penalty of prision mayor in its maximum period to reclusion temporal
in its minimum period, if the amount involved is more than six thousand
pesos but is less than twelve thousand pesos.
4) The penalty of reclusion temporal in its medium and maximum periods, if
the amount involved is more than twelve thousand pesos but is less than
twenty-two thousand pesos. If the amount exceeds the latter, the penalty
shall be reclusion temporal in its maximum period to reclusion perpetua.
In all cases, persons guilty of malversation shall also suffer the penalty of
perpetual special disqualification and a fine equal to the amount of the funds
malversed or equal to the value of the property embezzled.
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.
Under the Anti-Graft and Corrupt Practices Act (RA 3019) – The following shall
constitute corrupt practices of any public officer and are thus declared unlawful under
Republic Act No. 3019:
173
matter some pecuniary or material benefit or advantage, or for the purpose of
favoring his own interest or giving undue advantage in favor of or discriminating
against any other interested party.
f. Entering, on behalf of the LGU, into any contract or transaction manifestly and
grossly disadvantageous to the LGU, whether or not the public officer profited or
will profit thereby.
g. Directly or indirectly having financial or pecuniary interest in any business
contract or transaction in connection with which he intervenes or takes part in his
official capacity, or in which he is prohibited by the constitution or by any law
from having any interest.
h. Directly or indirectly becoming interested, for personal gain, or having a material
interest in any transaction or act requiring the approval of a board, panel or group
of which he is a member, and which exercises discretion in such approval even if
he votes against the same or does not participate in the action of the board,
committee, panel or group.
174
MANUAL OF LOCAL GOVERNMENT
TREASURY OPERATIONS
BOOK FIVE
Chapter I. REAL PROPERTY TAXES
Section 160. Power to Levy Property Tax – A province or city or municipality within
the Metropolitan Manila Area may levy an annual ad valorem tax on real property such
as land, buildings, machinery, and other improvement not specifically exempted under
the law. (Sec. 232, LGC)
The power to levy the ad valorem tax on real property may be exercised by the
sanggunian of the LGU concerned through an appropriate ordinance. (Art. 323, IRR of
LGC)
a. “Acquisition cost” for newly acquired machinery not yet depreciated and
appraised within the year of its purchase, refers to the actual cost of the machinery
to its present owner, plus cost of transportation handling, and installation at the
present site;
b. “Actual use” refers to the principal purpose for which the property is principally
or predominantly utilized by the person in possession thereof;
c. “Ad Valorem Tax” is a levy on real property determined on the basis of a fixed
proportion of the value of the real property;
d. “Agricultural Land” land devoted principally to the planting of trees, raising of
crops, livestocks and poultry, dairying, salt making, inland fishing and similar
agricultural activities and other agricultural activities, commercial or industrial
land;
e. “Appraisal” is the act or process of determining the value of property as of a
specific date for a specific purpose;
f. “Assessment” the act or process of determining the value of a property or
promotion thereof subject to tax, including the discovery, listing, classification,
and appraisal of properties;
g. “Assessment Level” the percentage applied to the fair market value to determine
the taxable value of the property;
h. “Assessed Value” is the fair market value of the real property multiplied by the
assessment level. It is synonymous to taxable value.
i. “Commercial Land” is land devoted principally for the object of profit and is not
classified as agricultural, industrial, mineral timber, or resident land.
j. “Depreciated Value” is the value remaining after deducting depreciation from
the acquisition cost;
k. “Economic Life” is the estimated period over which it is anticipated that a piece
of machinery or equipment may be profitably utilized;
l. “Fair Market Value’ is the price at which a property may be sold by a seller who
is not compelled to sell and bought by a buyer who is not compelled to buy. As
defined by the courts, market value is the highest price estimated in terms of
money which a property will bring if exposed for sale in the open market allowing
175
a reasonable time to find a purchaser who buys with knowledge of all the uses to
which it is adapted and for which it is capable of being used.
m. “Idle Lands” for purposes of real property taxation, idle lands shall include the
following:
1) Agricultural Lands, more than one (1) hectare in area, suitable for
cultivation dairying, inland fishery, or other agricultural uses, one half
(1/2) of which remains uncultivated or unimproved by the owner of
the property or person having legal interest therein.
176
1) It includes physical facilities for production, installations and
appurtenant service facilities, those which are mobile, self-powered, or
self-propelled, and those not permanently attached to the real property,
which are actually, directly, and exclusively used to meet the needs of
the particular industry, business, or activity and which, by their very
nature and purpose are designed for, or necessary to its manufacturing,
mining, logging, commercial, industrial, or agricultural purposes.
Thus, underground tanks, elevated tanks, elevated water tanks,
gasoline and computing pumps, car washers, car and tire hoists, air
compressors and tireflatros in gasoline stations are considered as
machinery or improvement (Supreme Court, G. R. No. L-50466, May
31, 1982).
2) On the other hand, gas turbine barges owned by the National Power
Corporation, although these are mobile, self-powered and self-
propelled, for practical reasons, could not be considered as real
property in the same manner that other mobile machineries/equipment
such as trucks, buses, ships, airlines, and the like, which require
registration with the proper agency of government, could not be
considered as real property subject to real property tax (DOF Opinion,
1st Indorsement, May 20, 1996).
3) Machinery which are of general purpose use including but not limited
to office equipment, typewriters, telephone equipment, breakable or
easily damaged containers (glass or cartons), micro computers,
facsimile machines, telex machines, cash dispersers, furniture and
fixtures, freezers, refrigerators, display cases or racks, fruit juice or
beverage automatic dispensing machines which are not directly and
exclusively used to meet the needs of a particular industry, business or
activity shall not be considered within the definition of machinery
under this rule.
q. “Mineral Lands” are lands in which minerals, metallic or non metallic, exist in
sufficient quantity or grade to justify the necessary expenditures to extract and
utilized such materials;
177
r. “Reassessment” is the assigning of new assessed values to property, particularly
real estate, as the result of general, partial, or individual reappraisal of the
property;
s. “Remaining Economic Life” is the period of time expressed in years from the
date of appraisal to the date when the machinery becomes valueless;
t. “Remaining Value” the value corresponding to the remaining useful life of the
machinery;
u. “Replacement or Reproduction Cost” is the cost that would be incurred on the
basis of current prices, in acquiring an equally desirable property, or the cost of
reproducing a new replica of the property on the basis of current prices with the
same or closely similar materials;
v. “Residential Land” is land principally devoted to habitation;
w.“Special Classes of Real Property” are lands, buildings, and other improvements
actually directly and exclusively used for hospitals, cultural or scientific
purposes, and, those owned and used by local water districts and government-
owned or controlled corporations rendering essential public services in the
supply and distribution of water and/or generation and transmission of electric
power.
Section 162. Fundamental Principles – The appraisal, assessment, levy and collection
of the real property tax shall be guided by the following:
a. All property, whether taxable or exempt, shall be appraised at the current and fair
market value prevailing in the locality where the subject property is situated. (Sec.
198 and 201, LGC)
b. For purposed of assessment, real property shall be classified on the basis of its
actual use as follows: residential, agricultural, commercial, industrial, mineral,
timberland, or special. (Sec. 198, 215 and 217, LGC)
c. Real property shall be assessed on the basis of a uniform classification within
each LGU (Sec. 198, LGC). To this end, the assessor of each LGU concerned
shall prepare a schedule of fair market values for the different classes of real
property situated within the LGU for enactment by ordinance of the sanggunian
concerned. (Sec 212, LGC)
d. The appraisal, assessment, levy and collection of real property tax shall not be let
to any private person. (Sec. 198, LGC)
e. The appraisal and assessment of real property shall be equitable. (Sec. 198, LGC)
Section 163. Administration of the Real Property Tax – The provinces and cities,
including the municipalities within the Metropolitan Manila Area, shall be primarily
responsible for the proper, efficient and effective administration of the real property
situated within the LGU for enactment by ordinance of the sanggunian concerned. (Sec.
212, LGC). Municipalities outside Metro Manila shall have no power to pass tax
ordinances levying real property taxes, as such authority is vested only upon their
respective provinces (BLGF, DOF Opinion, May 5, 1994).
178
Accordingly, the DOF and the provincial government shall exercise the authority to
review and examine on a continuing basis property, assessment, and real property tax
records to ensure the proper implementation of this Rule and determine compliance with
applicable laws, rules and regulations. (Sec 200, LGC and Art. 291, IRR of LGC)
Section 164. Rates of Levy – The LGU concerned shall fix a uniform rate of basic real
property tax applicable within their respective localities as follows:
a. Provinces – at the rate not exceeding one percent (1%) of the assessed value of
real property; and
b. Cities and Municipalities within the Metropolitan Manila Area – at the rate not
exceeding two percent (2%) of the assessed value of real property.
No public hearing shall be required before the enactment of a local tax ordinance levying
the basic real property tax. (Art. 324, IRR of LGC)
Section 165. Special Levies – Provinces, cities and the municipalities within the
Metropolitan Manila Area may also levy and collect the following special levies on real
properties within their jurisdiction:
a. Additional Levy on Real Property for the Special Education Fund (SEF) –
An annual rate of one percent (1%) on the assessed value of real property which
shall be in addition to the basic real property tax. The proceeds of the additional
levy shall accrue exclusively to the Special Education Fund (SEF). (Sec. 232,
LGC).
The BLGF, DOF has opined that the total three percent (3%) rate (2% basic and
1% SEF) of real property taxes imposed by Calbayog City is in accordance with
the provisions of RA 7160 (Letter dated May 22, 1998 to Mr. Eduardo B Gomez
of the National Food Authority).
A DOF Opinion dated March 18, 1996 on the authority of local governments to
impose the special education fund tax provides that a province city or
municipality within the Metro Manila Area (MMA) may levy and collect an
annual tax of one percent (1%) on the assessed value of the real property for
Special Education Fund (SEF) in addition to the basic real property tax.
However, the following rules apply to a municipality not located within the
MMA:
1) It is the province not the municipality, that has the authority to impose the
additional SEF tax;
2) the rate of the SEF tax shall not exceed one percent (1%) of the assessed
value of the subject property;
179
3) while the SEF tax is imposed by the province, the municipal treasurers are
authorized to collect the said tax.
b. Additional Tax on Idle Lands – An annual ad valorem tax on idle lands at the
rate not exceeding five percent (5%) of the assessed value of the property which
shall be in addition to the basic real property tax. (Sec. 236, LGC)
1) The assessor concerned shall make and keep an updated record of all idle
lands located within the jurisdiction. For purposes of collection, the
assessor shall furnish a copy to the treasurer who shall, on the basis of the
record, notify the owner of the property or person with legal interest in it
of the imposition of the additional tax. (Sec. 239, LGC); and
a) Individual buyers shall be liable for the tax if the ownership of the
property has been transferred to them
3) The LGU concerned may exempt idle lands from additional levy by
reason of force majeure, civil disturbance, natural calamity or any cause or
circumstance which physically or legally prevents the owner of the
property or person having legal interest in it from improving, utilizing or
cultivating it. (Sec. 238, LGC);
1) The special levy shall not exceed sixty percent (60%) of the actual cost of
such projects and improvements, including the costs of acquiring land and
such other property in connection therewith. (Sec. 240, LGC);
2) The special levy shall not apply to lands exempt from basic real property
tax, and the remainder of land portions of which have been donated to the
LGU for the construction of such projects and improvements. (Sec. 240,
LGC);
180
3) The tax ordinance imposing the special levy shall:
6) The special levy shall accrue on the first day of the quarter next following
the effectivity of the ordinance imposing the levy. (Sec. 245, LGC)
Section 166. Exemption from Payment of the Real Property Tax – The following are
exempted from payment of the real property tax (Sec. 234, LGC):
a. Real property owned by the Republic of the Philippines or any of its political
subdivisions except when the beneficial use thereof has been granted, for
consideration or otherwise, to a taxable person. Political subdivisions of the
Republic of the Philippines refers to the autonomous regions, provinces, sub-
provinces, cities, municipalities and barangays (Book I, Administrative Code of
181
and duties of all kinds under section 33 of its Charter has not been superseded by
the Local Government Code of 1991 (DOJ Letter dated December 18, 1994 to
Mr. Cesar Sarino of GSIS),
ECOZONE operators are exempt from real property tax by virtue of Section 24 of
RA No. 7916 otherwise known as the Special Economic Zone Act of 1995
creating the EPZA, later renamed as PEZA, which states that: “... no taxes, local
and national, shall be imposed on business establishments operating within the
ECOZONE. In lieu of paying taxes, five percent (5%) of the gross income earned
by all businesses and enterprises within the ECOZONE shall be remitted to the
National Government.” The above-quoted exemption only applies to enterprises
under PEZA. Thus, with the enactment of RA 7160 or the LGC, it is believed that
PEZA is no longer exempt from payment of realty taxes (DOJ Letter dated Sept.
6, 1999 to Director General Lilia de Lima of PEZA, Pasay City).
Real properties actually, directly, and exclusively used for educational purposes
should be considered exempt from the payment of real property taxes (5 th
Indorsement dated Jan. 23, 1997 to the Provincial Assessor of Romblon). In the
case of the Development Academy of the Philippines (DAP), it was ruled that the
lands, buildings and improvement owned by the Academy in Tagaytay City are
actually, directly and exclusively used for educational purposes, hence, exempt
from real property taxes, however, said exemption does not include machineries
owned by DAP even if these are actually, directly and exclusively used for
educational purposes (2nd Indorsement dated July 30, 1998 to City Treasurer of
Tagaytay City). It was further ruled that the tax exemption granted to DAP
properties in Tagaytay City cannot be applied to DAP properties in Pasig City
(3rd Indorsement dated Feb. 9, 1999 to the City Assessor of Pasig City).
c. All machineries and equipments that are actually, directly and exclusively used by
local water districts and government-owned and controlled corporations engaged
in the supply and distribution of water and/or generation and transmission of
electric power.
182
It has been opined by the BLGF, DOF that the compression, compressor house,
sub-station building, sub-station switchboard (control house) and steel tower
owned by the National Power Corporation (NAPOCOR), may be considered
exempt from the payment of real property taxes provided the same are actually,
directly and exclusively used in the generation and supply of electric power.
Moreover, only the machineries and equipment used in the generation and
transmission of electric power of GOCCs are exempt from real property taxes..
Thus, the machineries declared in the name of the Bauang Private Power
Corporation (BPPC) are subject to real property tax although engaged in the
generation of electric power, as the company is a private corporation and does not
fall under the category of a GOCC (Real Property Taxation, Book II, Atty.
Florecita Flores).
d. All real property owned by duly registered cooperatives as provided under the
Cooperative Code of the Philippines (R.A. 6938).
In its letter to the Municipal Secretary of Pagudpud, Ilocos Norte dated February
26, 1993, the BLGF opined that all real property owned by cooperatives duly
registered with the Cooperatives Development Authority (CDA), with a minimum
accumulated reserves and undivided net savings of ten million pesos
(P10,000,000) are exempt from payment of real property taxes in view of specific
provisions of RA 6938, known as the Cooperative Code of the Philippines. Also
covered by this exemption are electric cooperatives which are duly registered with
the CDA pursuant to RA 6938.
183
LGC). The phrase “Unless otherwise provided in this code” refers to Section 133 of the
LGC which exempts, among others, national government instrumentalities from the
taxing powers of local government units (DOJ Opinion, Letter dated May 13, 1993 to
Duty Free Philippines). Instrumentality is defined as an agency of National Government,
not integrated within the department framework, vested with special functions or
jurisdiction by law, endowed with some if not all corporate powers, administering special
funds, and enjoying autonomy, usually through a charter (Sec. 2(10), Introductory
Provisions, Adm. Code of 1987).
Thus, Local Governments do not have the authority to grant exemptions from real
property taxes to those which are not expressly exempted by the LGC. Otherwise they
will be exercising the power of amending laws or acts enacted by Congress (DOF
Opinion, 3rd Indorsement, May 27, 1998).
Section 234 of the LGC evidently withdrew the taw exemption privileges granted to
GOCCs like the Land Bank of the Philippines (LBP) and the GSIS. Accordingly, the
subject properties of the LBP and the GSIS are liable for the payment of real property tax
effective January 1, 1992 (1st Indorsement, Oct. 5, 1998; 1st Indorsement, Apr. 26, 1994;
2nd Indorsement, Feb 22, 1993).
The withdrawal of exemptions by the LGC did not, however, affect the status of real
property owned by embassies, consulates, and other diplomatic offices. These are deemed
part of the territory of the country they represent and, therefore, are exempt from any
national or local taxes based on the generally accepted principle that the tax laws of one
country are not applicable in another. (2nd Ind., Feb.10 1993 addressed to the Municipal
Treasurer of Makati).
Section 168. Accrual of the Real Property Tax – The real property tax for any year
shall accrue on the first day of January and from that date it shall constitute a lien on the
property which shall be superior to any lien, mortgage, or encumbrance of any kind
whatsoever, and shall be extinguished only upon the payment of the delinquent tax. (Sec.
246, LGC).
184
a. Treasurers Are Responsible for Collection – The collection of the real property
tax with interest thereon and related expenses, and the enforcement of the
remedies provided for under the LGC, or any other applicable laws shall be the
responsibility of the provincial, city or municipal treasurer concerned. (Sec. 247,
LGC). The DOF has likewise opined that there is no real need for the
Sangguniang Bayan to enact a resolution for this purpose (4th Indorsement, June
2, 1994), and municipal treasurers of municipalities outside Metro Manila but
within a province are delegated the authority to collect realty tax pursuant to
Section 247 of the LGC (July 28, 1998).
Section 170. Procedures for Collecting Real Property Tax – The city and municipal
treasurers shall adopt the following procedures in the collection of real property taxes:
The city or municipal treasurer shall, on or before the thirty first (31 st) day of
January of each year, in the case of the basic real property tax and the additional
tax for SEF on or any other date to be prescribed under Title Two, post the notice
of the dates when the tax may be paid without interest at a conspicuous and
publicly accessible place at the city or municipal hall. Said notice shall likewise
be published in a newspaper of general circulation in the locality once a week for
two (2) consecutive weeks. (Sec. 249, LGC)
185
1) When the real property tax or any other tax imposed under Title Two
becomes delinquent, the provincial, city or municipal treasurer shall
immediately cause a notice of the delinquency to be posted at the main
entrance of the provincial capitol or the city or municipal hall, and in
publicly accessible and conspicuous place in each barangay of the LGU
concerned. The notice of delinquency shall also be published once a week
for two (2) consecutive weeks, in a newspaper of general circulation in the
province, city or municipality.
2) Such notice shall specify the date upon which the tax become delinquent
and shall state that personal property may be distrained to effect payment.
It shall likewise state that any time before the distraint of personal
property, payment of the tax with surcharges, interests, and penalties may
be made in accordance with Section 255 of the LGC (see Subsection III-
19-c, this manual), and unless that tax, surcharges and penalties are paid
before the expiration of the year for which the tax is due, except when the
notice of assessment or special levy is contested administratively or
judicially pursuant to the provisions of Chapter 3, Title Two, Book II of
the LGC, the delinquent real property will be sold at public auction, and
the title to the property will be vested in the purchaser, subject, however,
to the right of the delinquent owner of the property or any person having
legal interest therein to redeem the property within one (1) year from the
date of sale (Sec. 254, LGC)
b. Issuance of Notice to the Taxpayer – The treasurer concerned shall reflect in the
Real Property Tax Bill (LTO Form 89) to be sent to the taxpayer the real
property tax due for his property for the current year and the delinquent taxes due
for the previous year or years.
c. Where Real Property Taxes May Be Paid – For properties located in the
province, the real property taxes may be paid with the Municipal Treasurer’s
Office of the municipality where the property located or with the Office of the
Provincial Treasurer of the province where the municipality belongs. (Art. 338,
IRR of LGC). For properties located in a city or a municipality within the MMA,
the tax shall be paid with the Office of the City or Municipal Treasurer concerned.
Section 171. Payment of Real Property Tax by Installments – The owner of the real
property or the person having legal interest in it may pay the basic real property tax and
the additional tax for the SEF, without interest, in four (4) equal installments which shall
be due and payable as follows:
186
4th and last installments, on or before December thirty-first (31st)
(Section 250, LGC)
The BLGF, DOF has ruled that the deadline for the payment of quarterly installments
having been fixed by law, cannot be extended by way of a local ordinance (2nd
Indorsement, June 14, 1994 to the City Treasurer of Iloilo City).
In implementing the installment scheme in the collection of real property taxes, the
following should be observed:
Section 172. Tax Discount for Advanced or Prompt Payment – If the basic real
property tax and the additional tax accruing to the SEF are paid in advance in accordance
with the prescribed schedule of payment as provided under Section 250, the sanggunian
concerned may grant a discount not exceeding twenty percent (20%) of the annual tax
due. (Sec 251, LGC)
a. The amount of discount to be given, if any, for prompt or advance payment shall
be implemented, subject to the discretion of the sanggunian concerned, as
follows:
(1) Up to ten percent (10%) tax discount may be granted for prompt payment,
(2) Up to twenty percent (20%) tax discount may be granted for advanced
Payment.
b. The grant of discounts should be effected only if the same are provided for in a
duly enacted Ordinance of the Sangguniang Panlungsod (1st Indorsement dated
Jan. 26, 1994 to the City Treasurer of Angeles City).
187
the tax where the collections therefrom are required under existing COA
regulations to be taken up in the books of accounts of local governments as Real
Property Tax Receivable and Deferred Real Property Tax; whereas taxes collected
after they have accrued but made on or before the statutory installment deadlines
are to be taken up as Real Property Tax Income. (Notes to Section 251, LGC,
Local Government Taxation, Ursal)
d. In granting discounts, the basic real property tax and the SEF tax should be
treated separately and independently from each other (3rd Indorsement dated Aug.
12, 1997 to the Municipal Treasurer of Valenzuela, M.M.)
Section 173. Payment Under Protest – The following procedures are to be observed in
case a taxpayer decides to file a protest in relation to real property taxes:
a. No protest shall be entertained unless the taxpayer first pays the tax. There shall
be annotated on the tax receipt the words “Paid under protest”.
b. The taxpayer must file the protest in writing within thirty (30) days from payment
the tax to the provincial, city treasurer or municipal treasurer within the
Metropolitan Manila Area, who shall decide the protest within sixty (60) days
from receipt.
c. The tax or the portion of the tax paid under protest shall be held in trust by the
treasurer concerned; however, 50% of the tax paid shall be distributed in
accordance with Sec. 271 of the LGC.
d. If the protest is finally decided in favor of the taxpayer, the corresponding amount
or portion of the tax shall be refunded to the protestant or applied as tax credit
against his existing or future tax liabilities.
e. A cash refund is applicable only of the taxpayer has no tax liability on the subject
property.
f. If the protest is denied or upon the lapse of the sixty-day period as prescribed, the
taxpayer may avail of the remedies provided for in Chapter 3, Title Two, book II
of the LGC.
(Sec. 252, LGC)
188
b. In case of tax credit, a certificate of tax credit shall be issued to the property owner
or to the person with legal interest in the tax credit. The “Certificate of Tax
Credit” form used for the purpose is shown in LTO Annex 101 of the Manual.
c. In one instance, the BLGF, DOF finds merit in the request of the Asian Terminals,
Inc. for the recomputation of its real property tax and any excess payment should
be treated as tax credit against the future real property tax liabilities of the said
company (Letter dated Feb 24, 1997 to the City Treasurer of Manila).
Section 175. Interest on Delinquent Real Property Tax – Failure to pay the basic real
property tax or any other tax levied under this provision upon the expiration of the
periods as provided in Sec. 250, or when due, as the case may be, shall subject the
taxpayer to the payment of interest at the rate of two percent (2%) per month on the
unpaid amount or a fraction thereof, until the delinquent tax shall have been fully paid:
Provided, however, that in no case shall the total interest on the unpaid tax or portion
thereof exceed thirty six (36) months. (Sec. 255, LGC)
a. The accrual of the tax means that it has become due and payable. The words “due
and demandable” can merely denote the existence of a simple indebtedness
without reference to the time of payment; they do not necessarily have to refer to
the time limit or the date on which taxes must be paid. (Supreme Court in the case
of Commissioner of Internal Revenue v. Visayan Electric Co., L-22611, May 27,
1968)
b. A taxpayer is delinquent if he fails to pay his taxes within the period fixed by
statute or executive order. (U.S. v. Estavillo, 19 Phil. 478)
c. Tax delinquencies incurred before the effectivity of the LGC shall be governed by
the provisions of applicable laws then in force; the computation of penalties for
delinquent real property taxes for CY 1992 to 1994 should be based on the
provisions of Section 255 of the LGC of 1991, providing for a 2% interest rate per
month on the unpaid amount but in no case to exceed thirty-six (36) months (2nd
Indorsement dated Oct. 30, 1995 to the Provincial Treasurer of Koronadal, South
Cotabato).
Section 177. Procedures for Computing Taxes, Interest and Discounts – The
formulas to be used in computing the payments due for taxes are presented in this section.
a. Computation of the Basic Tax and SEF -. In computing the basic real property
tax and the tax accruing to the Special Education Fund, the following basic
components should be noted:
189
1) The Assessed Value of the real property shall be taken from the
Assessment Roll submitted by the assessor concerned.
2) The applicable Tax Rate shall be the rate fixed for the subject property by
the approved tax ordinance of the LGU concerned.
Following are the formulas for the Basic Tax and SEF:
b. Computation of the Tax Discount for Advanced and Prompt Payment – The
applicable Tax Discount Rates shall be those specified in the approved ordinance
of the LGU concerned. In the absence of an approved ordinance, the discounts
shall be granted. The formula for the tax discount is as follows:
190
d. Basis in the Computation of the 2% Interest on Unpaid Taxes – It was held
that the 2% interest (penalty) shall be computed only on amount of delinquent tax,
that is, on the installment due and not paid. The Supreme Court has said: Since a
realty taxpayer is allowed to pay his real property tax in four equal installments
due and payable on four specific dates, and having paid the first three installments
faithfully and religiously, it is manifest injustice, sheer arbitrariness and abuse of
power to penalize him for doing so, when he fails to pay the fourth and last
installment. Since the last installment is due and payable on or before December
31 of each year, it is only starting January 1 of the following year that
delinquency starts as to this final installment (Angel Quimpo vs. Leoncio
Mendoza, 107 SCRA 73)
On the other hand, in the case of a taxpayer who fails to pay his first quarterly tax
and pays instead during the month of April, together with the remaining three
quarters, the BLGF, DOF has ruled that the taxpayer is entitled to the 10%
discount on the amounts due for the remaining three quarters of the year,
considering that he ceased to be delinquent after paying the installment for the
first quarter with penalty and, further, that he is paying the balance for the last
three quarters before the deadline set therefor. In this case, the tax due is the sum
of the following:
(1). For the 1 st quarter – one- fourth (1/4) of the amount due for the entire
year plus an 8% penalty on the full amount due for the year;
(2). For the 2nd, 3rd and 4th quarters – three-fourths (3/4) of the full amount
due for the year less ten percent (10%) discount.
It is clear that the 2% per month interest should be applied on the amount of tax
due for the whole year if the delinquency includes the first quarter installment for
the year. It is only in cases where the first quarter installment has already been
paid that the 2% per month interest should be applied only on the quarterly
installment due. The decision of the Supreme Court in the Quimpo case is not in
conflict with the declaration of the BLGF, DOF on the imposition of the 2% per
month interest based on the whole year tax if the delinquency includes the first
quarter installment for the year. A careful reading of the Quimpo case shows that
the Supreme Court decision refers to subsequent quarterly real property taxes that
became delinquent after payment of the first quarter (2nd Indorsement dated Oct.
30, 1995 to the Provincial Treasurer of Koronadal, South Cotabato ).
191
taxes and Customs duties through the banking facilities of authorized agent banks, it is to
be expected that the acceptance of local tax payments by selected depository banks would
eventually follow the same procedure. Thus, we may expect more LGUs to follow the
system pioneered by the Quezon City Government in the acceptance of its Real Property
Tax through its Over-the-Counter payment in accredited banks.
1) Only real property taxes for the current year shall be eligible for OCP in
the acceptee bank. All delinquent accounts shall continue to be paid
directly to the LGU cashiers/tellers.
2) The LGU shall send the Real Property Tax Bill (RPTB) to the taxpayer
either through the mail or courier, or through personal delivery, which
shall be the basis in the OCP in the acceptee bank. The RPTB may also be
obtained by the taxpayer or his duly authorized representative directly
from the LGU.
192
3) The Bills Payment Slip (BPS) issued by the acceptee bank shall be duly
accomplished by the taxpayer for all payments to be made. The BPS shall
indicate the taxpayer’s name, the specific tax to be paid, the taxable year
and amount of tax. The BPS shall also contain the bank account number of
the LGU to which all tax payments shall be credited.
4) The taxpayer shall pay his tax to the acceptee bank teller supported by the
Real Property Tax Bill and the duly accomplished BPS.
5) The acceptee bank teller shall accept the tax payment and shall validate
the RPTB and BPS. The validated RPTB and BPS shall be returned to the
taxpayer.
6) The following banking day, the acceptee bank shall generate and send to
the LGU an Abstract of Collection Report of the day’s transactions via
email or FTP.
7) The LGU may then view and/or print the Abstract of Collection Report
(ACR).
8) The LGU may also be provided by the acceptee bank with an on-line
banking facility which can be used to view and download the LGU
Statement of Account (SOA) to enable the LGU to have real-time data on
all RPT collections made by the acceptee bank.
Section 179. Remedies for the Collection of the Real Property Tax – For the
collection of the basic real property tax and any other tax levied under the LGC, the LGU
concerned may avail of the remedies by administrative action through levy on real
property or by judicial action. (Sec. 256, LGC)
a. Local Government Units – The basic real property tax and any other tax levied
under the LGC constitute a lien on the property subject to tax, superior to all liens,
charges or encumbrances in favor of any person, irrespective of the of the owner
or possessor thereof, enforceable by administrative or judicial action, and ma only
be extinguished upon payment of the tax and the related interests and expenses.
(Sec. 257, LGC)
193
the year in which the delinquencies were incurred, with a request for assistance in
the enforcement of the remedies for collection (Sec. 269, LGC)
LTO Annex 90 shows the form for the “Certified List of Real Property Tax
Delinquencies” which shall be used for the purpose.
c. Availment of Remedies – When the real property tax and any other tax levied
under the LGC becomes delinquent upon the expiration of the one (1) year period
from the time the tax becomes due and payable, the LGU concerned, through the
office of the provincial or city treasurer, or the municipal treasurer of a
municipality of Metropolitan Manila, may avail of remedies by administrative or
judicial action.
Formal demand for the payment of the delinquent taxes and penalties due is not a
prerequisite to such remedies. The Notice of Delinquency shall be sufficient for
the purpose.
194
(Sec. 270, LGC)
2) If the local treasurer sends notice of delinquency and/or demand letter for
the payment of the delinquent taxes in observance of due process
preparatory to the application of the administrative remedies in the
collection of delinquent taxes provided in the law, the prescriptive period
of five (5) years for the collection of taxes shall not as yet commence. It is
only when the treasurer concerned neglected to perform his mandated
duties that he shall be faulted giving rise to said prescriptive period under
the law. (BLGF Opinion, 2nd Indorsement, October 16, 1996)
Section 180. Condonation or Reduction of Real Property Tax and Interest- In case
of a general failure of crops or substantial decrease in the price of agricultural or
agribased products, or calamity in any province, city, or municipality, the sanggunian
concerned, by ordinance passed prior to the first day of January of any year and upon
recommendation of the Local Disaster Coordinating Council, may condone or reduce,
wholly or partially, the taxes and interest thereon for the succeeding year or years in the
city or municipality affected by the calamity (Art. 367, IRR, LGC).
Section 181. Levy on Real Property – After the expiration of the time required to pay
the basic real property tax or any other tax levied under the LGC, real property subject to
such tax may be levied upon through the issuance of a Warrant of Levy on or before, or
simultaneously with the institution of the civil action for the collection of the delinquent
tax. (Sec. 258, LGC)
a. Effects of a Warrant of Levy – The Warrant of Levy (LTO Form 92) issued by
the treasurer for the collection of delinquent real property taxes and other
impositions under Title II, Book II of the LGC shall operate with the force of a
legal execution throughout the province, city or municipality within the
Metropolitan Manila Area. (Sec. 258, LGC)
195
b. Penalty for Failure to Issue and Execute Warrant – Without prejudice to
criminal prosecution under the Revised Penal Code and other applicable laws, any
local Treasurer or his deputy who fails to issue or execute the warrant of levy
within one (1) year from the time the tax becomes delinquent or within thirty (30)
days from the date of issuance whereof, or who is found guilty of abusing the
exercise thereof in an administrative or judicial proceeding shall be dismissed
from the service. (Sec. 259, LGC)
2) Publish the same Notice of Tax Delinquency once a week for two (2)
consecutive weeks, in a newspaper of general circulation in the province,
city or municipality within MMA.
2) The Warrant of Levy and Notice of Levy shall be mailed to or served upon
the delinquent owner of the real property or person having legal interest in
it. In case he is out of the country or cannot be located, the warrant and
notice shall be served on the administrator or occupant of the property.
196
3) Simultaneously, copies of the Warrant of Levy and Notice of Levy shall
be sent to or served upon the Assessor and the Registrar of Deeds of the
LGU where the property is located, who shall annotate the levy on the tax
declaration and certificate of title of the property, respectively.
The levying officer shall submit a report on the levy to the sanggunian
concerned within ten (10) days after the receipt of the warrant by the
owner of the property or person having legal interest therein. (Sec. 258,
LGC)
e. Advertisement and Sale – Within thirty (30) days after service of the warrant of
levy, the local Treasurer shall proceeds to publicly advertise for sale or auction
the property or a usable portion of the property as may be necessary to satisfy the
tax delinquency and expenses of sale. The following procedures shall be
observed:
2) The Notice of Sale shall specify the amount of the delinquent tax, interest
due and expenses of sale, the date and place of sale, the name of the owner
of the real property or person having legal interest in it, and a description
of the property to be sold.
4) Date of the Auction – The auction shall be held not earlier than 20 days
after service of the Warrant of Levy.
5) Stay of Sale by Payment – At any time the date fixed for the sale, the
owner or person having legal interest in the real property may stay the
proceedings by paying the delinquent tax, interest due and the expenses of
sale.
197
6) Site of Sale – The sale shall be held either at the main entrance of the
provincial, city or municipal building, or on the property to be sold, or at
any other place as specified in the notice of the sale. (Sec. 260, LGC)
7) Sale by Auction – On the date of the sale, the delinquent property shall be
auctioned at the appointed time and place. The property shall be sold to
the highest cash bidder whose bid is sufficient to pay the delinquent
property tax, the accrued interest, and the cost of the sale, the total of
which be the floor price for accepting any bid.,
f. Report to Sanggunian – Within thirty (30) days after the sale, the local Treasurer
or his deputy shall make a report of the sale to the sanggunian concerned, which
shall form part of his records. (Sec. 260, LGC)
g. Certification of Sale – The local Treasurer shall likewise prepare and deliver to
the purchases a Certificate of Sale which shall contain the name of the purchases,
a description of the property sold, the amount of the delinquent tax, the interest
due thereon, the expenses of sale and a brief description of the proceedings.
a). Within one (1) year from date of sale, the owner of the delinquent property
or person having legal interest therein, or his representative, shall have the
right to redeem the property upon payment to the local Treasurer of the
amount of the delinquent tax, including the interest due thereon and the
expenses of the sale from the date of delinquency to the date of sale, plus
interest of not more than two percent (2%) per month on the purchase
price from the date of sale to the date of redemption.
c) From the date of sale until the expiration of the period of redemption, the
delinquent real property shall remain in the possession of the owner or
person having legal interest therein, who shall be entitled to the income
and other fruits of the property.
198
d) Upon redemption of the delinquent real property by the owner or person
having legal interest in it, the local Treasurer or his deputy shall issue to
the purchases the Notice of Redemption (LTO Form 98) to inform him of
such redemption and request him to return the Certificate of Sale that had
been issued.
e) The local Treasurer or his deputy, upon receipt from the purchases of the
Certificate of Sale, shall forthwith return to the latter the entire amount
paid by him plus interest of not more than two percent (2%) per month.
Thereafter, the property shall be free from the lien of such delinquent tax,
interest due, and expenses of sale. (Sec. 261, LGC)
j. Final Deed to Purchaser – In case the owner or person having legal interest in
the real property fails to redeem it as provided, the local Treasurer shall execute a
deed conveying to the purchaser of the property, free from lien of the delinquent
tax, interest due, and expenses of sale. The deed shall briefly state the proceedings
upon which the validity of the sale rests. (Sec. 262, LGC)
1) The treasurer concerned shall request the owner of the auctioned property
to surrender the delinquent property and its duplicate title and tax
declaration.
2) The duplicate title and tax declaration shall be attached to the Deed of
Conveyance which shall be the same form as reflected in the “Final Deed
of Sale” (LTO Form 99).
3) The above documents shall be submitted to the Registrar of Deeds for the
consolidation of the title, after which the Assessor shall issue a new tax
declaration in the name of the new owner.
1) Within two (2)days after the purchase make a report of the proceedings
which shall be reflected upon the records of his office.
199
3) Within one (1) year from the date of such forfeiture, the taxpayer or any of
his representatives may redeem the property by paying to the local
treasurer the full amount of the real property tax and the related interest
and costs of the sale.
l. Resale of Real Estate Taken for Taxes, Fees or Charges – The sanggunian
concerned may, by ordinance duly approved and upon notice of not less than
twenty (20) days, sell and dispose of the real property acquired under the Section
263 at public auction. The proceeds of the sale shall accrue to the general fund of
the LGU concerned. (Sec. 264, LGC)
m. Further Levy – Levy may be repeated if necessary until the full amount due,
including all expenses is collected. (Sec. 265, LGC)
Section 182. Prohibition of Action Assailing Validity of Tax Sale – No court shall
entertain any action assailing the validity of any sale at public auction of real property or
rights therein under Title Two, Book II of the LGC, until the taxpayer shall have
deposited with the court the amount for which the real property was sold, together with
interest of two percent (2%) per month from the date of sale to the time of the institution
of the action. The amount so deposited shall be paid to the purchaser at the auction sale if
the deed is declared invalid but it shall be returned to the depositor if the action fails.
Neither shall any court declare a sale at public auction invalid by reason of irregularities
or informalities in the proceedings unless the substantive rights of the delinquent owner
of the real property of the person having legal rights therein have been impaired. (Sec.
267, LGC)
Section 183. Collection of Real Property Tax through the Courts – The LGU may
enforce the collection of the basic real property tax or any other tax levied under Title
Two, Book II of the LGC by civil action in any court of competent jurisdiction. The civil
action shall be filed by the local Treasurer within the period prescribed in Section 270 of
the LGC.
a. Basis of Civil Action: The delinquent basic real tax or any other tax levied under
Title II, Book II of LGC shall constitute indebtedness of the taxpayer to the LGU,
hence, collection of such indebtedness can be enforced through civil action in any
court of competent jurisdiction.
200
Section 184. Payment of Delinquent Taxes on Property Subject of Controversy – In
any action involving the ownership or possession of, or succession to, real property, the
court may, motu propio or upon representation of the treasurer concerned, award such
ownership, possession, or succession to any party to the action upon payment to the court
of the taxes with interest due on the property and all other costs that may have accrued,
subject to the final outcome of the action.
Section 186. Sanctions – Treasurers and other officers who fail to fulfill their
obligations in the collection of real property taxes, abuse their authority, or hinder the
efforts to collect and enforce the payment of taxes are subject to the following sanctions:
a. A local Treasurer who fails to dispose of delinquent real property tax at public
auction in compliance with the provision of the LGC, and any other local
government official whose act hinders the prompt disposition of delinquent real
property at public auction shall, upon conviction, be subject to a fine of not less
than One Thousand Pesos (P 1,000.00) nor more than Five Thousand Pesos
(P5,000.00), or imprisonment of not less than one (1) month nor more than six (6)
months, or both such fine and imprisonment at the discretion of the court. (Sec.
519, LGC)
b. Any local Treasurer or his deputy who fails to issue or execute the warrant of levy
within one (1) year from the time the tax becomes delinquent or within thirty (30)
days from the issuance of the warrant, or who is found guilty of abusing the
exercise of the warrant in an administrative or judicial proceedings shall be
dismissed from the service. (Sec. 259, LGC)
Disposition of Proceeds –
a. Proceeds of the Basic Tax and Interests – The proceeds of the basic real
property tax, including interests, and proceeds from the use, lease or disposition,
sale or redemption of property acquired at public auction, and fifty percent (50%)
of the tax paid under protest collected by the local treasurer shall be distributed as
follows:
201
1) Province – thirty five percent (35%) shall accrue to its general fund;
2) Municipality – forty percent (40%) shall accrue to the general fund of the
municipality where the property is located; and
3) Barangay – twenty five percent (25%) shall accrue to the barangay where
the property is located.
1) City – seventy percent (70%) shall accrue to the general fund of the city;
and
2) Barangays – thirty percent (30%) shall be distributed among the
component barangays of the cities where the property is located in the
following manner
3) Fifty percent (50%) shall accrue to the barangay where the property is
located
4) Fifty percent (50%) shall accrue equally to all component barangays of the
city
c. Proceeds of the Additional One Percent SEF Tax – The proceeds from the
additional one percent (1%) tax on real property accruing to the SEF shall be
automatically released to the local school boards; Provided, That in the case of
provinces, the proceeds shall be divided equally between the provincial and
municipal boards: Provided, however, That the proceeds shall be allocated for the
operation and maintenance of public schools, construction and repair of school
buildings, facilities and equipments, educations research, purchase of books and
202
periodicals, and sports development as determined and approved by the local
school board. (Sec. 272, LGC)
d. Proceeds of the Tax on Idle Lands – The proceeds of the additional real
property tax on idle lands shall accrue to the respective general fund of the
province or city where the land is located. In the case of municipalities within the
Metropolitan Manila Area, the proceeds shall accrue equally to the Metropolitan
Manila Authority and the municipality where the land is located (Sec. 273, LGC)
e. Proceeds of the Special Levy – The proceeds of the special levy on lands
benefited by public works, project and other improvements shall accrue to the
general fund of the LGU which financed such public works, projects or
improvements. (Sec. 274, LGC)
SPECIAL PROVISIONS
All expenses incident to the general provision of real property assessment shall, by
ordinance of the sanggunian panlalawigan, be apportioned between the province and the
municipality on the basis of the taxable areas of the municipality concerned. (Sec. 275,
LGC)
The barangays may be required by the sanggunian of the city or municipality to share in
the expenses to be incurred for the conduct of a general revision of real property
assessment. (Art. 366(c), IRR)
Section 189. Condonation or Reduction of Real Property Tax and Interest – In case
of a general failure of crops or substantial decrease in the price of agricultural or
agribased products, or calamity in any province, city or municipality, the sanggunian
concerned by ordinance passed prior to the first (1 st) day of January of any year and upon
recommendation of the Local Disaster Coordinating Council, may condone or reduce,
wholly or partially the taxes and interest thereon, for the succeeding year or years in the
city or municipality affected by the calamity.
Section 191. Fees in Court Actions – All court actions, criminals or civil, instituted at
the instance of the provincial, city or municipality Treasurer, Assessor under the
203
provisions of the LGC, shall be exempt from the payment of court and sheriff’s fees.
(Sec. 280, LGC)
204
CHAPTER 2. BUSINESS AND OTHER LOCAL TAXES
Section 193. Nature – Business taxes are those imposed by an LGU on the privilege of
engaging in business, occupation and other business activities within its territorial
jurisdiction. Other local taxes other than those imposed by LGUs on real property and
business as authorized by law. The proceeds of these taxes shall accrue exclusively to the
LGU that imposes them, or, when provided by law, may be shared with other LGUs..
The power to impose a tax, fee, or charge or generate under this Code shall be exercised
by the Sanggunian by the local government unit concerned through an appropriate
ordinance. (Sec. 132, LGC)
a. Agricultural product- includes the yield of the soil, such as corn, wheat, rye,
hay, coconuts, sugarcane, tobacco, root crops, vegetables, fruits, flowers and their
by-products, ordinary salt, all kinds of fish, poultry and livestock and animal
products, whether in their original form or not.
4) The term by-product shall mean those materials which in the cultivation or
processing of an article remain over, and which are still of value and
marketable, like copra cake from copra or molasses from sugar cane. (art.
220-a, IRR of LGC 1991)
205
c. Amusement places- include theaters, cinemas, concert halls, circuses and other
place of amusement where one seeks admissions to entertain onself by seeing or
viewing the show or performances;
Credit card companies fall within the purview of banks and other financial
institutions contemplated under Section 143 (f) of LGC. (DOF Opinion, 15 March
1999)
206
5) proprietors or operators of dry-cleaning or dyeing establishments, steam
laundries and laundries using washing machines;
6) proprietors or owners of shops for the repair of any kind of mechanical
and electrical devices, instruments, apparatuses, or furniture and shoe
repairing by machine or any mechanical contrivance;
7) proprietors or operators of establishments or lots for parking purposes;
8) proprietors or operators of tailor shops, dress shops, milliners, and hatters,
beauty shops, barbershops, massage clinics, sauna, Turkish and Swedish
baths, slenderizing and body-building saloons and similar establishments;
9) photographic studios;
10) funeral parlors;
11) proprietors or operators of hotels, motels, and lodging houses;
12) proprietors or operators of arrastre and stevedoring warehousing, or
forwarding establishments;
13) master plumbers, smiths, and house or sign painters; printers bookbinders,
lithographers;
14) publishers except those engaged in the publication or printing of any
newspaper, magazine, review or bulleting which appears at regular
intervals with fixed prices for subscription and sale and which is not
devoted principally to the publication of advertisements;
15) business agents, private detective or watchman agencies,
16) commercial and immigration brokers,
17) cinematographic owners, lessors and distributors.
207
k. Dealer – one whose business is to buy and sell merchandise, goods, and chattels
as a merchant. He stands immediately between the producer or manufacturer and
the consumer and depends for his profit not upon the labor he bestows upon his
commodities but upon the skill and foresight with which he watches the market;
In consonance with the above provision of the IRR, the DOF has further clarified
that the term “gross receipts” as applied to contractors, is the total amount of
service fees, including the advance payments or deposits actually or
constructively received during the taxable year. The tax base should exclude
payments or deposits which were not actually or constructively received by the
contractor during the taxable year and materials or equipment that do not form
part of the things to be constructed – even if they were supplied during the said
year. (DOF Opinion, 4 March 1994; DOF Opinion, 1st Indorsement, 10 August
1998)
208
4) who, in addition, alters such raw material or manufactured or partially
manufactured products, or combines the same to produce such finished
products for the purpose of their sale or distribution to others and not for
his own use or consumption.
q) Motor Vehicle – any vehicle propelled by any power other than muscular power
using the public roads, by excluding road rollers, trolley cars, street sweepers,
sprinklers, lawn movers, bulldozers, graders, forklifts, amphibian trucks, and
cranes if not used on public roads, vehicles which run only on rail or tracks, and
tractors, trailers, and traction engines of all kinds used exclusively for agricultural
purposes;
r) Municipal Waters – include not only streams, lakes and tidal waters within the
municipality, not being the subject of private ownership and not comprised within
the national parks, public, forest, timber lands, forest reserves or fishery reserves,
but also marine waters included between two lines drawn perpendicularly to the
general coastline from points where the boundary lines of the municipality or city
touch the sea at low tide and a third line parallel with the general coastline and
fifteen (15) kilometers from it. Where two (2) municipalities are so situated on the
opposite shores that there is less than fifteen (15) kilometers of marine waters
between them, the third parallel line shall be equally distant from opposite shores
of the respective municipalities.
s) Operator – includes the owner, manager, administrator, or any other person who
operates or is responsible for the operation of a business establishment or
undertaking;
t) Peddler – means any person who, either for himself or on commission, travels
from place to place and sells his goods or offers to sell and deliver the same.
Whether a peddler is a wholesale peddler or a retail peddler of a particular
commodity shall be determined from the definition of wholesale dealer or retail as
provided in Rule XXX of IRR implementing the LGC.
u) Residents – refer to natural persons who have their habitual residence in the
province, city or municipality where they exercise their civil rights and fulfill
their civil obligations, and to juridical persons for which the law or any other
provision crating or recognizing them fixes their residence in a particular
province, city or municipality. In the absence of such law, juridical persons are
residents of the province, city, or municipality where they have their legal
209
residence or principal place of business or where they conduct their principal
business or occupation;
w) Retail – means a sale where the purchases buys the commodity for his own
consumption irrespective of the quantity of the commodity sold;
x) Vessel – includes every type of boat, craft, or other artificial contrivance used, or
capable of being used, as a means of transportation on water;
y) Wharfage – means a fee assessed against the cargo of a vessel engaged in foreign
or domestic trade based on quantity, weight or measure received and/or
discharged by vessel, and
z) Wholesale – means a sale where the purchaser buys or imports the commodities
for resale to persons other than the end user regardless of the quantity of the
transaction.
Section 195. Tax on Transfer of Real Property Ownership – The province may
impose a tax on the sale, donation, barter, or any other mode of transferring ownership or
title of real property.
a. Rate and Base of Transfer Tax - The rate shall not be more than fifty (50%) of
one percent (1%) of the total consideration involved in the acquisition of the
property, or of the fair market value in case the monetary consideration involved
in the transfer is not substantial, whichever is higher.
b. The fair market value shall be that reflected in the prevailing schedule of fair
market values enacted by the Sanggunian concerned. (Art. 224, IRRR of the LGC)
210
2) The Provincial Assessor shall likewise make the same requirement before
canceling an old tax declaration and issuing a new one in place thereof.
(Sec. 135, LGC)
3) Notaries public shall furnish the provincial treasurer with a copy of any
deed transferring ownership or title to any real property within thirty (30)
days from the date of notarization. (Sec. 135, LGC)
1) The sale, transfer or other disposition of real property pursuant to R.A. No.
6657 shall be exempt from this tax (Sec. 135, LGC). However, transfer of
ownership over a land pending issuance of a free patent under the Public
Land Act (C.A. No. 141, as amended) by the Bureau of Lands is subject to
this tax.
Section 196. Tax on the Business of Printing and Publication – The Province may
impose a tax on the business of persons engaged in the printing and/or publication of
books, cards, posters, leaflets, handbills, certificates, receipts, pamphlets, and others of
similar nature. (Sec. 136, LGC)
The following guidelines shall govern the administration and collection of this tax:
a. Rate and Base of Tax – The rate shall not exceed fifty percent (50%) of one
percent (1%) of the gross annual receipts of the business for the preceding
calendar year. (Sec. 136, LGC)
b. Rate of Tax for Newly Started Business – In the case of a newly started
business, the tax shall not exceed one twentieth (1/20) of one percent (1%) of the
capital investment. In the succeeding calendar year, regarless of when the
business started to operated, the tax shall be based on the gross receipts for the
preceding calendar year, or any fraction thereof, as provided herein. (Sec. 136,
LGC)
211
d. Exemption from the Tax – The receipts from the printing and/or publishing of
books or other reading materials prescribed by the Department of Education as
school references shall be exempt from the said tax. (Sec. 136, LGC)
Section 197. Franchise Tax – Notwithstanding any exemption granted by any law or
other special law, the Province may impose a tax on a business enjoying a franchise. (Art.
226-a, IRR of LGC)
The administration and collection of franchise tax shall be governed by the following:
a. Tax Rate and Base of Franchise Tax – The rate of franchise tax shall not exceed
fifty percent (50%) of one percent (1%) of the gross annual receipts of the
franchise business, which shall include both cash sales and sales on account
realized during the limits of any city located within the province. (Art. 226-a, IRR
of LGC)
b. Limitation of the Province to Impose Franchise Tax – The Province, shall not
impose the tax on business enjoying franchise operating within the territorial
jurisdiction of any city located within the province. (Art. 226-b, IRR of LGC)
d. Rate and Base of Franchise Tax for Newly Started Business – In the case of a
newly started business, the tax shall not exceed one-tweentieth (1/20) of one
percent (1%) of the capital investment. In the succeeding calendar year, regardless
of when the business started to operate, the tax shall be based on the gross receipts
for the preceding calendar year, or any fraction thereof. (Art. 226-d, IRR of LGC)
1) In the locality where the principal office of the business is located, the
paid up capital stated in the articles of incorporation, in case of
corporations, or in any similar document in case of other types of business
organizations or enterprises, shall be considered as the capital investment.
212
made for the said branch of sales office which shall be taxable instead by
the province or city where it is situated.
Actual and specific applications of authority to tax franchises are illustrated in Section
221 of the Manual.
Section 198. Tax on Sand, Gravel, and Other Quarry Resources – The Province may
levy and collect a tax on sand , gravel and other quarry resources extracted within the
territorial jurisdiction. (Art. 227-a, IRR of LGC)
The following shall govern the administration and collection of this tax:
a. Rate and Base of Tax – The rate of the tax shall not be more than ten percent
(10%) of the fair market value in the locality per cubic meter of ordinary
stones, sand, gravel, earth, an other quarry resources such as but not limited to
marl, marble, granite, volcanic cinders, basalt, tuff and rock phosphate,
extracted from public lands or from the beds of seas, lakes, rivers, streams,
creeks and other public waters within its territorial jurisdiction. (Art. 227-a,
IRR of LGC)
c. Distribution of Proceeds from Tax – the proceeds of the tax on sand, gravel
and other quarry resources shall be distributed as follows:
213
e. Non-taxability of Quarry Resources Extracted from Private Lands – Only
quarry resources extracted from public lands are subject to local taxes, Quarry
resources extracted from private lands are not within the taxing power of the
local government.
Section 199. Professional Tax – The Province may levy an annual professional tax on
each person engaged in the exercise or practice of professions requiring government
examination at such amount and reasonable classification as the sangguniang
panlalawigan may determine but shall in no case exceed Three Hundred Pesos (P 300.00)
(Sec. 139-a, LGC). The collection and administration of the professional tax shall be
guided by the following:
e. Tax is Due for Each Profession Practiced – A line of profession does not
become exempt even if conducted with some other profession for which the
tax has been paid. (Sec. 139-d, LGC). Thus, a lawyer who is also a Certified
Public Accountant (CPA) must pay professional tax imposed on lawyers and
that fixed for CPAs, if he is to practice both professions.
214
g. Documentation Requirements:
1. Upon Payment of Tax – For the purpose of collecting the tax, the
provincial treasurer or his duly authorized representative shall required
from such professionals their current annual registration cards issued
by the competent authority before accepting payment of their
professional tax for the current year. The PRC likewise shall require
the professional presentation of proof of payment before registration of
professionals or renewal of their licenses. (Art. 228-f, IRR of LGC)
Section 200. Amusement Tax – The Province may levy an amusement tax to be
collected from the proprietors, lessees, or operators of theaters, cinemas, concert halls,
circuses, boxing stadiums, and other places of amusement.
The collection and administration of the amusement tax shall be guided by the following:
a. Rate and Base of Amusement Tax – The rate shall not be more than thirty
percent (30%) of the gross receipts from admission fees. (Sec. 140-a, LGC)
215
e. Distribution of Proceeds of Amusement Tax – The proceeds of the
amusement tax shall be shared equally by the province and the municipality
where the amusement placed are located. (Sec. 140-e, LGC)
216
Section 201. Annual Fixed Tax on Delivery Vehicles of Manufacturers, Producers
Wholesalers, Dealers and Retailers of Certain Products – The Province may levy an
annual fixed tax for every truck, van or any vehicle used by manufacturers, producers,
wholesalers, dealers or retailers in the delivery or distribution of distilled spirits,
fermented liquors, soft drinks, cigars and cigarettes, and other products as may be
determined by the sangguniang panlalawigan, to sales outlets or consumers, whether
directly or indirectly, within the province, in an amount not exceeding Five Hundred
Pesos (P 500.00).
The annual fixed tax is applicable per province. If the same truck is used to deliver goods
in several provinces, the owner of the truck is liable to pay the said tax to each province
where he/she delivers goods, provided that the province concerned has enacted the
ordinance necessary to impose the tax.
Section 203. Tax on Business – The Municipality may impose the taxes described in
the indicated sections of this Chapter on the following businesses operating within its
jurisdiction:
217
Section 204. On Manufacturers, Assemblers, Repackers, Processors, Brewers,
Distillers, Rectifiers, and Compounders of Liquors Distilled Spirits, and Wines or
Manufacturers of Any Article of Commerce of Whatever Kind or Nature – In
accordance with the following:
The preceding rates shall apply only to domestic sales of manufacturers, assemblers,
repackers, processors, brewers, distillers, rectifiers, and compounders of liquors, distilled
spirits, and wines or manufacturers of any article of commerce of whatever kind or nature
other than those enumerated in Section 206 under this Chapter (Sec. 143(c) of the LGC,
and to paragraph (c) of Art. 232 of the IRR).
218
Section 205. On Wholesalers, Distributors, or Dealers in any article of commerce
of whatever kind or nature in accordance with the following graduated schedule of
taxes:
The business enumerated in Section 204 under this Chapter shall no longer be subject to
the tax on wholesalers, distributors, or dealers as aforementioned. (Art. 232(b) of the IRR)
219
a. List of Essential Commodities –
c. Additional Taxes on Millers Who Also Buy Grains and Sell These After
Milling – Mill operators who also buy palay or corn grains and then sell these
after milling, are also subject to the tax for engaging in other business such as
dealers. The gross receipts shall be the actual sale of rice or corn without
deducting the cost of palay, labor and other maintenance and operating
expenses. The gross sales or receipts for each business shall be separately
recorded and reported for purposes of computing the business taxes due from
each business. (BLGF, 1st Indorsement, 24 March 1995)
2) Taxable export sales shall be subject to the business tax at a rate not
exceeding ½ of the rates of domestic sales; and
220
3) The amount of export sale shall be excluded and declared separately
from the total sales and shall be subject to the rates reflected in Section
205 of this Chapter. Failure to make this separate declaration of export
sales shall subject the total sales to the rates prescribed in Section 204
under this Chapter.
Section 207. On Retailers – The following guidelines shall govern the administration
and collection of the business tax on retailers:
1) The rate of two percent (2%) per annum shall be imposed on sales not
exceeding Four Hundred Thousand Pesos (P 400,000.00),
2) The rate of one percent (1%) per annum shall be imposed on sales in
excess of the first Four Hundred Thousand Pesos (P 400,000.00).
The barangays shall impose such taxes based on the following guidelines:
3) The barangay shall have the power to collect the business tax on
retailers only if it had levied the tax pursuant to an ordinance duly
enacted by its sanggunian. Otherwise, the tax shall be collected by the
221
municipality or city where the barangay is located, provided they have
enacted the required ordinance levying the tax.
2) The gross sales from essential commodities of the preceding year shall
be subject to the tax provided under Section 206 of this Chapter
(Section 143 (b), LGC);
1) A wholesaler who is at the same time a retailer and who deals in both
essential commodities and non-essential commodities shall segregate
his sales accordingly;
2) The gross sales for essential commodities shall be subject to the tax
reflected in Section 206 of this Chapter ( Sec. 143(b), LGC), and
222
Section 208. Contractors and Other Independent Contractors – The taxes shall
apply in accordance with the following:
2) The taxable gross sales or receipts include the total amount of money
or its equivalent actually or constructively received during the taxable
quarter for the services performed or to be performed, consisting of the
following:
223
b) The compensation or service fee, including the amount charged for
materials installed or used in conjunction with the services, and
c) Deposits or advance payments
224
a) In the case of overseas construction projects, the construction
contractors shall declare separately the gross receipts realized
therefrom, which shall not be subject to the business tax.
a. Rate and Base of Tax - Banks and other financial institutions are subject to a
tax at a rate not exceeding fifty percent (50%) of one percent (1%) on the
gross receipts of the preceding year derived from interests, commissions and
discounts from lending activities, income from financial leasing, dividends,
rentals on property and profits from exchange or sales of property, insurance
premiums. (Art. 232-f, IRR)
All other income and receipts of banks and financial institutions not otherwise
enumerated above shall be excluded from the taxing authority of the LGU
concerned. (Art. 232-f, IRR)
225
Discounts earned and actually collected in advance on bills
discounted;
Interest earned and actually collected on demand loans;
Interest earned and actually collected on time loans,
including the earned portions of interest collected in
advance;
Interest earned and actually collected on mortgage
contracts receivables
226
Transactions filed and negotiated in the branch but being
beyond the approving authority of the branch manager are
forwarded to the Head Office for final approval.
227
b) Interest earnings on loans and discounts actually collected,
c) Rentals actually collected from property owned by insurance
companies;
d) Income actually collected from acquired assets;
e) Cash dividends received on equity investment
228
c. Guidelines Applicable to Financing Companies
229
in the preceding paragraph shall be excluded from the taxing authority
of LGUs.
b). The gross receipt derived from transactions made by the head
office, except gross receipts recorded in the branches, shall be
taxable by the city or municipality where said head office is
located.
Section 211. Other Businesses – Municipalities may also impose taxes on any business
not otherwise specified in the preceding paragraphs which the Sanggunian concerned
may deem proper to tax subject to the following:
230
a. The rate of tax on any business subject to the excise, value added or
percentage tax under the National International Revenue Code, as amended,
shall not exceed two percent (2%) of gross sales or receipts of the preceding
calendar year; (Art. 232-h, IRR of LGC). In line with the existing national
policy, any business engaged in the production, manufacture, refining,
distribution or sale of oil, gasoline and other petroleum products shall not be
subject to any local tax imposed in this Article. (Art. 232-h, IRR of LGC).
The said municipalities within the MMA, pursuant to Article 275 of IRR, may levy and
collect the taxes which may be imposed by the provinces enumerated under Sections 105,
196, 197, 198, 199, 200, and 201 of this Chapter at rates not exceeding those prescribed
under the LGC (Art. 236-b, IRR of LGC).
Section 213. Scope of Taxing Powers of Cities – The City may levy and collect the
following:
a. Any of the taxes, fees, charges and other impositions that provinces and the
municipalities may impose the rates of taxes that the City may levy may
exceed the maximum rates allowed for provinces or municipalities by not
more than fifty percent (50%), except the rates of professional and amusement
taxes; and (Art. 237-a, IRR of LGC)
b. A percentage tax on any business not specified under the provisions of Section
204 up to Section 210 of this Chapter at rates not exceeding three percent
(3%) of the gross sales or receipts of the preceding calendar year. (Art. 237-b,
IRR of LGC)
Section 214. Professional and Amusement Tax Rates – The rates of the following
taxes shall be uniform for the City and the Province:
a. The Professional Tax under Article 299 of the IRR (Section 199 of this
Chapter) shall not exceed Three Hundred Pesos (P 300.00); and
231
b. Amusement Tax on paid admission under Article 230 of the IRR (Section 200
of this Chapter), the rate of which shall not be more than thirty percent (30%)
of the gross receipts from admission fees.
Section 215. Sharing of Tax on Quarry Resources in Highly Urbanized Cities. The
proceeds of the tax on sand, gravel, and other quarry in highly urbanized cities shall be
distributes as follows:
Section 216. Scope of Taxing Powers of Barangays – The Barangay may levy taxes,
fees and charges, the proceeds of which shall accrue exclusively to them as follows:
a. Taxes - They shall have the exclusive power to levy taxes on stores or
retailers with fixed business establishments with gross sales or receipts of the
preceding calendar year of Fifty Thousand Pesos (P 50,000.00) or less in the
case of a barangay within a city, and Thirty Thousand Pesos (P 30,000.00) or
less in the case of a barangay within a municipality, at rates not exceeding one
percent (1%) on such gross sales or receipts. (Sec. 152, LGC and Art. 232(d)
and 240, IRR)
3) The barangay shall have the power to collect the business tax on
retailers only if it had levied the tax pursuant to an ordinance duly
enacted by its sanggunian. Otherwise, the tax shall be collected by the
municipality or city where the barangay is located, provided that they
have enacted the required ordinance levying the tax.
(DOF Local Finance Circular No. 2-94)
232
b. Service Fees – for services rendered in connection with the regulation or use
of barangay owned properties or service facilities such as palay, copra, or
tobacco dryers.
233
e) Advertisement by means of vehicles, balloons, kites, etc.
g) Privilege panels shall be subject to one half (1/2) of the rates herein
prescribed.
234
c. However, if the businesses operated by one person are governed by separate
tax schedules or the rates of the taxes are different, the taxable gross sales or
receipts of each business shall be reported independently and the respective
taxes shall be computed separately on the basis of the appropriate schedule.
(Art. 242-c, IRR of LGC)
Section 218. Situs of the Tax – For the purpose of collection of business taxes the
following definition of terms and guidelines stated in Article 243 of the IRR of the LGC
shall be strictly observed:
a. Definition of Terms
235
a) A warehouse that does not accept orders, and/or does not issue
sales invoices independently of a branch or sales office, shall not
be considered a branch or sales office.
236
c) On-site sales of commercial quantities made in experimental
farms shall be imposed the corresponding tax under Article 232
of the IRR to the LGC (Section 203 of this Chapter).
5) In cases where there are two or more factories, project offices, plant or
plantations located in different localities, the seventy percent (70%)
portion of the sales allocation shall be prorated among the localities
where they are located based on their respective volumes of production
during the period for which the tax is due. In the case of project offices
of service and other independent contractors, the term “production”
shall refer to the cost of projects actually undertaken during the tax
period.
c. Port of Loading – The city or municipality where the port of loading is located
shall not levy and collect tax imposable under Article 232 of the IRR to the LGC
unless the exporter maintains in said city or municipality its principal office, a
branch, sales office or warehouse, or factory, plant, or plantation in which case
the foregoing rules on the matter shall apply accordingly.
237
2) For route sales made in a locality where a manufacturer, producer,
wholesaler, retailer or dealer has no branch, sales office or warehouse,
the sales shall be recorded in the branch, sales office or warehouse
from where the route trucks withdraw their products for sale, and the
tax due paid to the LGU where it is located.
4) In addition to this annual fixed tax, cities may also collect a mayor’s
permit fee from same manufacturers, producers, wholesalers, retailers,
and dealers using route trucks.
Section 219. Retirement of Business – The following guidelines shall govern the
retirement of business:
238
1) The local treasurer shall assign every application for the termination or
retirement of a business to an inspector in his office who shall go to
the address of the business on record to verify if it is really no longer
operating. If the inspector finds that the business is simply placed
under a new name, manager and/or new owner, the local treasurer
shall recommend to the Mayor the disapproval of the application for
the termination or retirement of the business. Accordingly, the
business shall continue to be liable for the payment of all the taxes,
fees and charges imposed on it under existing local tax ordinances.
Section 220. Community Tax – Cities of municipalities may levy a Community Tax in
lieu of the former Residence Tax levied and collected under Section 38 of PD No. 231, as
amended. Accordingly, all cities and municipalities shall enact, for the purpose, a local
tax ordinance. For purposes, of enacting a local tax ordinance levying the Community
Tax, a public hearing shall be dispensed with. (Art. 245, IRR to LGC)
239
b) An individual who is engaged in business of occupation;
c) An individual who owns real property with an aggregate assessed
value of One Thousand Pesos (P 1,000.00) or more;
d) An individual who is required by law to file an income tax return
a) The rate of the annual community tax that may be levied and
collected from said individuals shall be five pesos (P5.00) plus
an annual additional tax of One Peso (P1.00) for every One
Thousand Pesos (P1,000.00 of income regardless of whether
from business, exercise of profession, or from property but which
in no case shall exceed Five Thousand Pesos (P 5,000.00).
240
b. Exemptions from Payment of Community Tax – The following are exempt
from payment of the community tax:
1) The community tax shall be paid and be collected only in the city or
municipality where the residence of the individual is located, or in the
city or municipality where the principal office of the juridical entity is
located. Thus, a sales office or branch office is not liable to pay
community tax in the city of municipality where it is located. (Sec. 2,
Memorandum Circular 153)
3) Any person, natural or juridical, who pays the annual community tax to
a city or municipality other than the city or municipality where his
residence, or principal office in the case of juridical persons, is located
shall remain liable to pay the tax to the city or municipality concerned.
(Art. 246-e, IRR)
d. Time of payment of Community Tax – Article 245-e of the IRR to the LGC
provides guidelines as to when the community tax shall be paid:
1) The community tax shall accrue on the first (1st) day of January of
each year and shall be paid not later than the last day of February of
each year.
241
3) Persons who come to reside in the Philippines or reach the age of
eighteen (18) years on or after the first (1st) day of July of any year, or
who cease to belong to an exempt class on or after the same date, shall
not be subject to the community tax for that year.
e. Penalties for late payment of community tax. If the tax is not paid within
the time prescribed above, there shall be added to the unpaid amount and
interest of twenty-four percent (24%) per annum from the due date until it is
paid. (Art. 246-g, IRR to LGC)
242
h. Collection of the Community Tax by Barangay Treasurers – The tax
ordinance levying the community tax shall authorize the city or municipal
treasurer to deputize the barangay treasurers to collect the community tax in
their respective jurisdictions. Said deputation however, shall be limited to the
community tax payable by individual taxpayers and shall be extended only to
barangay treasurers who are properly bonded in accordance with existing
laws. ( Art. 250, IRR to LGC)
a) Fifty percent (50%) shall accrue to the general fund of the city or
municipality concerned and
b) Fifty percent (50%) shall accrue to the barangay where the tax is collected
(Art. 251, IRR to LGC)
The National Power Corporation (NPC), a government corporation, maintain that it does
not fall within the purview of business enjoying a franchise since its operation is not for
profit but for public service, and further that is exempt from all forms of taxes under its
Charter, P.D. No. 938
In reply to a query, the DOF has issued an opinion that Sec. 137 of the LGC clearly and
specifically declares that notwithstanding any exemption granted by law or other special
law, the province may impose a tax on business enjoying a franchise, at a rate not
exceeding 50% of 1% of the gross annual receipts for the preceding calendar year based
on the incoming receipts realized within its territorial jurisdiction.
As to the conflict between the provisions of the LGC, a general law, and the NPC
Charter, a special law, the DOF holds that while admittedly the established jurisprudence
is that if a general law is enacted after the special law, the special law nevertheless
remains, this admits of exemptions. One such exception is the cited case of Compania
General vs. Collector of Customs, 46 Phil. 8 in which it was ruled that when there is a
clear, necessary and irreconcilable conflict between the general and special law, the
general law shall prevail. (DOF, Ltr. Dtd. 9-4-95 to NPC, Baguio City)
243
Section 222. Variations of the “In Lieu” clause in the terms of franchise
It devolves upon provincial and city treasurers to examine the terms of franchise holders
operating in their respective jurisdictions, inasmuch as the terms of franchises vary such
that while some admit of the local impost, others do not.
In one case, the franchise proviso stipulates that “This (national government
franchise) tax shall be in lieu of all other taxes on all properties except real
property, used by the grantee under this franchise”. Accordingly it was opined
that such exemption “is limited to the taxes on personal property (e.g. poles,
wires, insulators, transformers, conductors, xxx) used by the grantee, and does
not confer a blanket exemption” (Opinion No. 89, S. 1974, Secretary of
Justice) Such type of franchise proviso does not exempt the holder from the
franchise tax which a city may impose. (Opinion No. 116, 1974 Secretary of
Justice)
Where the franchise terms provide that it “shall be in lieu of all other taxes
and assessments of whatever nature and by whatever authority upon the
privilege, earnings, income franchise xxx”, it was held to be not subject to the
local franchise tax. (Letter dtd. 3-19-75 of the Secretary of Finance to Messrs.
Quimzon, De Guzman, Makalintal and Veneracion, of Greenhills, Rizal)
In another case, the franchise provides that, “ Such annual xxx payments shall
be in lieu of all taxes of every name and nature – municipal, province or
central upon the capital stock, franchises, right of way, earnings and all other
property owned or operated by the grantee xxx”. Clearly this may not be
subject to the additional provincial franchise tax. Thus, business
establishments with franchises containing the “In lieu of all taxes” proviso are
not subject to the said local tax, such as those of the Radio Communications
of the Phil., Inc. (RCPI), The Manila Electric Co (Meralco), and the
Philippine Long Distance Telephone Co. (PLDT). (Department of Finance
Local Tax Regulations 3-75)
Section 223. Uncollected gross receipts are included in computing franchise tax:
The uncollected amounts due from customers should be included in computing the
franchise tax payable, which is based on gross receipts. The terms “gross receipts” means
“gross earnings”. A person may have earned his salary but may not have collected it,
244
thereby showing that “to collect” is a different act from “to earn”. Consequently, the
uncollected “gross receipts” which should be construed as meaning the same thing as
“gross earnings” should be subject to the franchise tax. (Escudero Electric Service vis. Tabios,
33 SCRA 547)
245
Chapter 3. FEES AND CHARGES
Section 224. Authority to Impose and Collect Fees and Charges – Every LGU is a
body politic and corporate endowed with powers to be exercised in conformity with law.
As such, it shall exercise powers as a political subdivision of the National Government
and as a corporate entity representing the inhabitants of its territory. (Sec. 15, LGC)
a. Every LGU shall exercise the powers expressly granted under the law, those
necessarily implied therefrom, as well as powers necessary, appropriate, or
incidental to its efficient and effective governance and those which are
essential to the promotion of the general welfare. (Sec. 16, LGC)
1) To create their own sources of revenue and to levy taxes, fees and charges
which shall accrue exclusively for their own use and disposition and
which shall be retained by them;
c. In the exercise of their governmental functions, LGUs are endowed with police
powers, under which they may regulate and inspect businesses and their
activities and the practice of any profession or calling, and collect fees
commensurate to the cost of regulation, inspection, and licensing. Police
powers are defined as the power to prescribe regulations to promote the
health, morals, peace, education , good order or safety and general welfare of
the people (Sangalang et al.v IAC, 176 SCRA 179 (1989).
d. LGUs are also authorized to levy and collect charges in the exercise of its
proprietary functions. Proprietary functions are exercised not for regulatory
purposes but for the peculiar benefit and advantage of citizens. (City of Pueblo
v. Weed, Colo. App. 570 p.2d 15, 18)
246
Section 225. Definition of Terms:
Section 226. Common Revenue Raising Powers – The LGUS have common revenue
raising powers that allow them to impose the following:
a. Service Fees and Charges – LGUs may impose and collect such reasonable
fees and charges for services rendered. (Sec. 153, LGC)
b. Public Utility Charges – LGUs may fix the rates for the operation of public
utilities owned, operated and maintained by them within their jurisdiction.
(Sec. 154, LGC)
247
c. Toll Fees or Charges – The sanggunian concerned may prescribe the terms
and conditions and fix the rates for the imposition of toll fees or charges for
the use of any public road, pier, or wharf, waterway, bridge, ferry or
telecommunication system funded and constructed by the LGU concerned:
Provided, that no such toll fees or charges shall be collected from officers and
enlisted men of the Armed Forces of the Philippines and members of the
Philippine National Police on mission, post office personnel delivering mail,
physically-handicapped, and disabled citizens who are sixty five (65) years or
older.
When public safety and welfare so require, the sanggunian concerned may
discontinue the collection of the tolls, and thereafter the said facility shall be
free and open for public use. (Sec. 155, LGC)
Section 227. Criteria in Determining the Reasonableness of Fees and Charges – All
fees and charges imposed and collected shall be fixed in an appropriate and duly enacted
Ordinance (Sec. 132, LGC).
Fees and charges shall be reasonable and commensurate with the cost of regulation,
inspection and licensing. In fixing the amount of fees and charges the following shall be
considered:
a. In the absence of special authority to impose a tax to raise revenues, the fee
for regulation of useful occupations may only be of an amount sufficient to
cover the expenses of issuing the license (permit fee) and the cost of the
necessary inspection or police surveillance, taking into account not only the
expense of direct regulation but also all other incidental consequences.
b. While LGUs are allowed much wider discretion in fixing the amount of
license fees in the case of non-useful occupations, fees and charges must not
be unreasonable, oppressive, or tyrannical.
Section 228. Mayor’s Permit – All businesses are required to obtain Mayor’s Permit
before they engage in any business within a city or municipality. This permit allows them
the privilege of conducting their business within the jurisdiction of the city or
municipality.
248
1) Documentation Requirements – The following documents may be
required, if applicable:
249
2) Inspection and other Requirements – Upon submission of the
application, it shall be the duty of the proper authorities to verify if other
city/municipal requirements regarding the operation of the business or
activity such as sanitary requirements, installation or power and light
requirements, as well as other safety requirements are complied with. The
permit to operate shall be issued only upon compliance with such safety
requirements and after the payment of the corresponding inspection fees
and other impositions required by the Revenue Code and other
city/municipal tax ordinances.
3) Time and Manner of Payment – The fee for the issuance of a Mayor’s
Permit shall be paid to the City/Municipal Treasurer upon application
before any business or undertaking can be lawfully begun or pursued, and
within the first twenty (20) days of January of each year in case of renewal
of the permit.
b) Every permit issued by the Mayor shall show the name and
residence of the applicant, his nationality and marital status;
nature of the organization (whether the business is a sole
proprietorship, corporation or partnership, etc); location of the
business; date of issue and expiration of the permit; and other
information as may be necessary.
b. Posting of Permit – Every business owner shall keep his permit conspicuously
posted at all times in his place of business or office or if he has no place of
business or office, he shall keep the permit on his person. The permit shall be
immediately produced upon demand by the City/Municipal Mayor, the
City/Municipal Treasurer or any of their duly authorized representatives.
250
c. Duration of Permit and Renewal – The Mayor’s Permit shall be valid for a
period of not more than one (1) year and shall expire on the thirty first (31 st)
of December following the date of issuance unless revoked or surrendered
earlier. Every permit shall cease to be in force upon revocation or surrender
thereof. The permit issued shall be renewed within the first twenty (20) days
of January. It shall have a continuing validity only upon renewal and payment
of the corresponding fee.
1) When a person doing business under the provisions of the revenue code of
the city or municipality violates any or its provisions;
2) When the person refuses to pay any indebtedness or liability to the
city/municipality;
3) When the person abuses his privilege to do business to the injury of the
public moral or peace;
4) When such business is being conducted in a disorderly or unlawful
manner, is a nuisance or allows its premises to be used as a resort for
disorderly characters, criminal or women of ill-repute.
1) forfeit all sums which may been paid in respect to said privilege, in
addition to the fines and imprisonment that may be imposed by the Court
of any provision of an enabling ordinance governing the establishment and
maintenance of business; and
2) prohibit the exercise of the business by the person whose privilege is
revoked, until restored.
251
c) Any person who has unsettled tax, obligation, debt or other liability to
the government
d) Any person who is disqualified under any provision of law or
ordinance to establish or operate the business applied for.
e) Any person or applicant for a business who declares an amount or
gross sales or receipts that are manifestly below industry standards or
the Presumptive Income Level of gross sales or receipts as established
in the city/municipality for the same or a closely similar type of
activity or business.
1) The rates of Mayor’s Permit Fees shall not be based on capital investment
or gross sales or receipts of the person or business. (233, IRR of LGC)
2) The Mayor’s Permit fee may based on various schemes, among them the
following:
3) For a newly started business or activity that starts to operate after January
20, the fee shall be reckoned from the beginning of the calendar quarter.
4) When the business or activity is abandoned, the fee shall not be exacted
for a period longer than the end of the calendar quarter. If the fee has been
paid for a period longer than the current quarter and the business activity
is abandoned, no refund of the fee corresponding to the unexpired quarter
or quarters shall be made.
Section 229. Fees for Sealing and Licensing Weights and Measures – Municipalities
may levy fees for the sealing and licensing of weights and measures at such reasonable
rates as shall be prescribed by the Sanggunian Bayan. (Sec. 147, LGC) Cities are
similarly empowered. (Sec. 151, LGC)
a. The sanggunian concerned shall prescribe the necessary regulations for the use
of such weights and measures, subject to the guidelines prescribed by the
Department of Science and Technology.
252
b. The sanggunian concerned shall, by appropriate ordinance, penalize fraudulent
practices and unlawful possession or use of instruments of weights and
measures and prescribed the criminal penalty in accordance with the
provisions of the LGC. However, the sanggunian may authorize the treasurer
to settle an offense not involving the commission of fraud before a case is
filed in court, upon payment of a compromise penalty of not less than Two
Hundred Pesos (P 200.00).
Section 230. Fishery Rentals, Fees and Charges – Municipalities shall have the
exclusive authority to grant fishery privileges in the municipal waters and impose rentals,
fees and charges. (Sec. 149, LGC) Cities shall have similar authority. (Sec 151, LGC)
Such rentals, fees and charges shall be imposed in accordance with the following
provisions:
a. Fishery Privileges – The sanggunian may grant fishery privileges to erect fish,
corrals, oyster, mussel or other aquatic beds or bangus fry areas, within a
definite zone of the municipal waters as it may determine, provided:
b. Fishing Privileges for Marginal Fisherman – The sanggunian may grant the
privilege to gather, take or catch bangus fry, prawn fry, or kawag-kawag or fry
of other species and fish from the municipal waters by nets, traps, or other
fishing gears to marginal fisherman free from any rental or any other
impositions whatsoever.
c. Licensing of Fishing Vessels – The sanggunian may issue licenses for the
operation of fishing vessels of three (3) tons or less which purpose it shall
promulgate rules and regulations regarding the issuances of such licenses to
qualified applicants under existing laws.
253
Section 231. Fees and Charges that May Be Imposed by Barangays – Barangays
may impose reasonable fees and charges which shall accrue exclusively to them, as
follows:
a. Service Fees and Charges – for services rendered in connection with the
regulation or use of barangay-owned properties or service facilities such as
palay, copra, or tobacco dyers.
c. Other Fees and Charges – The barangay may also levy fees and charges on:
Section 232. Fees and Charges that may be Imposed by LGUs – Some of the fees
and charges that may be imposed by LGUs are the following:
254
v. Permit Fee for Cockpit Owner/Operators/Licensees/Promoters and Cockpit
Personnel
w. Permit Fee for Conduct of Group Activities
For reference, typical approaches in imposing and administering the fees and charges
aforementioned are presented under Section 237 up to Section 259 of the Manual
Section 233. Fees and Charges Collected by LGUs for National Government –
Certain fees and charges imposed by the National Government on businesses and
activities are collected on its behalf by the LGUs. It is the duty of the local treasurer
concerned to collect fees and charges and to remit collections promptly in accordance
with the law or issuance authorizing the LGU to undertake the collection.
2) The Annual Fire Inspection Fee should not exceed the amount
equivalent to 0.01% of the assessed value of the building or structure.
To partially provide for the funding of the Fire Service, the following
taxes and fees are imposed. (Sec. 13(b) of the Fire Code).
b. Fees and Charges for NIMC Services – The fees and charges for services
rendered by the National Meat Inspection Commission (NMIC) are subject to
the rates prescribed under the Article 17(d) of Republic Act 7394 on the
following:
255
3) Accreditation Fees of Slaughterhouses, Poultry Dressing Plants, Meat
Processing Plants, Meat Cold Storage and Meat Delivery Van
4) Meat Import and Export Clearance and Inspection Fees
a) Pathological Examination
b) Parasitological Examination
c) Microbiological Examination
d) Chemical Examination
e) Oranoleptic Examination
Section 234. Building Permit – No person, firm or corporation – including any agency
or instrumentality of the government – shall erect, construct, alter, repair, move, convert,
or demolish any building or structure or cause the same to be done without first obtaining
a building permit from the Building Official assigned in the place where the subject
building is located or the building work is to be done. (Sec. 301, PD, 1096 – the National
Building Code)
a. Payment of Related Fees and Charges – The corresponding fees and charges
shall be collected for services rendered in connection with the processing and
issuance of building permit fees, signboard permit fee, plumbing inspection
permit fee, sanitary inspection fees, mechanical installation and inspection
fees and such other impositions as may be prescribed by the Department of
Works and Highways from persons, firms and corporations before they are
allowed to erect, construct, alter, move, convert or demolish any public or
private building or structure within the city/municipality in the exercise of
regulatory powers over public buildings and structures.
Section 235. Permit Fee for Zoning and Locational Clearance Permit – There shall
be collected a Mayor’s Permit Fee for Zoning/Locational Clearance for all structures to
be constructed in the city/municipality in accordance with existing ordinances and
Housing and Land Use Regulatory Board (HLURB) guiding rates.
a. Time and Manner of Payment – The fees shall be paid by the applicant or his
representatives to the City/Municipal Treasurer when zoning/locational
clearance is granted.
256
b. Administrative Provisions – The City/Municipal Mayor shall administer the
provision of existing ordinances, executive orders, laws relating to and
governing zoning/locational clearance.
257
ee. Conversion (affected areas only)
ff. Certificate of Registration & License to Sell:
Residential (per sq.m. of saleable area)
Commercial/office (per sq.m. of saleable area)
gg. Certificate of completion
a). Subdivision
aa. Approval
bb. Inspection Fee
c).Condominium
258
ff. Certificate of Registration & License to Sell
gg. Certificate of Completion
hh. Certificate of Occupancy
259
b). Every additional ha. or a fraction thereof
aa. Memorial Project
bb. Cemeteries
8) Other Transactions/Certifications
260
ff. Others to include:
Availability of records/public request of
copies/research works
Certificate of no records on file
Certificate of with or without CR/LS
Certified true copies of documents
9) Registration of Dealers/Brokers/Salesmen
a). Dealers/Brokers
b) .Salesmen/Agent
The issuance of licenses to tricycle drivers and charging of fees for the tricycle’s
registrations are under the jurisdiction of the Land Transportation Office (LTO).
a. Definition of Terms – The following terms are used in relation top the
regulation of the operation of motorized tricycles:
261
legislation, fix and collect other fees on motorized tricycle for hire operations,
such as but not limited to the following:
1) Fares – The sanggunian shall establish a fare structure that will provide
the operator a reasonable return or profit and still be affordable to the
general public:
262
2) Zoning and Coding – The Sanggunian may impose a common color for
tricycles for hire in the same zone. Each tricycle shall be assigned and bear
an identification number, aside from its LTO license plate number.
a. Registration Requirements:
263
price of the animal in cases of sale or transfer, and the class, color, sex,
brands and other identification marks of the cattle. These data shall also be
stated in the certificate of ownership issued to the owner of the large
cattle.
3) The transfer of the large cattle, regardless of its age, shall be entered in
the registry book setting forth, among others, the names and the residence
of the owners and the purchase, the consideration or purchase price of the
animal for sale or transfer, class, sex, brands and other identifying marks
of the animals; and a reference by number to the original certificate of
ownership with the name of the city/municipal issued to it.
a. General Provision – There shall be collected a fee on every person who shall
make or cause to be made any excavation on public or private streets within
the city/municipality, such as:
264
3) In order to protect the public from any danger, appropriate signs must be
placed in the area where work is being done.
Section 239. Permit Fee for Sealing and Licensing of Weights and Measures
For each and every re-testing and re-sealing of weights and measuring
instruments including gasoline pups outside the office upon request of the owner
or operator, an additional service charge to be fixed by ordinance for each
instrument shall be collected.
c. Exemptions:
d. Administrative Provisions:
.
1) Unless otherwise provided by ordinance, law or other valid order, the
official receipt for the fee issued for the sealing of a weight or measure
shall serve as a license to use such instrument for one (1) year from the
date of sealing unless deterioration or damage renders the weight or
measure inaccurate within the period.
265
2) The City/Municipal Treasurer is hereby required to keep full sets of
secondary standards which shall be compared with the fundamental
standards in the Department of Science and Technology annually. When
found to be within accepted tolerances, the secondary standards shall be
distinguished by label, tag or seal and shall be accompanied by a
certificate showing the degree of their variation from the fundamental
standards. If the variation is of sufficient magnitude to impair the utility of
instrument, it shall be destroyed at the Department of Science and
Technology.
266
A person who commits any of the offences above shall, for each offense, be
fined an amount or imprisoned or, at the discretion of the Court, both fined
and imprisoned in accordance with the amounts and terms imposed under an
Ordinance duly enacted by the LGU.
If, however, such scale , balance, weight or measure, has been officially
sealed at some previous time and the seal and tag officially affixed thereto
remain intact and in the same position and condition in which they were
placed by the official sealer, and the instrument is found not to have been
altered or rendered inaccurate but still to be sufficiently accurate to
warrant its being sealed without repairs or alterations such instruments
shall, if presented for sealing promptly on demand of an authorized sealer
or inspector of weights and measures, be sealed, and the owner, possessor,
or user of the same shall be subject to no penalty except a surcharge to be
fixed by ordinance plus the regular fee fixed by law for the sealing of an
instrument of its class, this surcharge to be collected and accounted for by
the City/Municipal Treasurer in the same manner as the regular fees for
sealing such instruments.
3) Any person with fraudulent intent, alters any scale or balance, weight or
measure after it is officially sealed or who knowingly uses any false scale
or balance, weight or measure, whether sealed or not shall be punished by
a fine of an amount fixed in the Ordinance or by imprisonment for period
prescribed therein, or both, at the discretion of the Court.
4) Any person who fraudulently gives short weight or measure in the making
of a sale, or who fraudulently takes excessive weight or measure in the
making of a purchase, or who, assuming to determine truly the weight or
measure of any article bought or sold by weight or measure, fraudulently
misrepresents the weights or measures thereof shall be punished by a fine
of an amount fixed by an Ordinance or by imprisonment prescribed
therein, or both at the discretion of the Court.
267
f. Administrative Penalties
3) Any person found violating any of the above two (2) provisions for the
second time shall be fined twice the above penalty.
4) Recommendation shall be made to the Mayor for the closure of business
establishments using fraudulent weights and measures.
Section 240. Permit Fee on Film Making within the LGU’s Territory - There may
be collected the permit fee from any person who shall go on location filming within the
territorial jurisdiction of the city/municipality, such as:
a. Commercial movies
b. Commercial advertisements
c. Documentary film
d. Videotape coverage
Section 241. Permit Fee on Agricultural Machinery and Other Heavy Equipment
for Rent - There may be collected an annual fee for each agricultural machinery or heavy
equipment from operators of said machinery, renting out said equipment in the
city/municipality such as but not limited to the following:
a. Hand tractors
b. Light Tractors
c. Heavy Tractors
d. Bulldozers
e. Forklifts
f. Heavy Graders
g. Light Graders
h. Mechanized Threshers
i. Manual Threshers
j. Cargo Trucks
k. Dump Trucks
268
l. Payloaders
m. Prime Movers/Flatbeds
n. Backhoes
o. Rock Crushers
p. Batching Plants
q. Transit/Mixer Trucks
r. Cranes
s. Other Agricultural Machinery and Heavy Equipment
a. General Provision – There may be collected an annual fee for the issuance of
Mayor’s Permit to every person who shall be engaged in the practice of the
occupation or calling not requiring government examination.
269
d. Persons Usually Covered: The following workers or employees whether
working on temporary or permanent basis, shall secure the individual’s Mayor’s
Permit prescribed under the Ordinance.
270
2) Employees and workers in commercial establishment who generally enter or
attend to the daily needs of the general public such as but not limited to the
following: Employees and workers in drugstores, department stores, groceries
supermarkets, beauty saloons, tailor shops, dress shop, bank teller,
receptionist, receiving clerk in paying outlets of public utilities corporation
except transportation companies, and other commercial establishment whose
employees and workers attend to the daily needs of the inquiring or paying
public.
4) Employees or workers in night and day establishments such as but not limited
to the following:
b) Provided, that in the case of night and day clubs, night clubs, day
clubs, cocktail lounges, bars, cabarets, sauna bath houses and other
similar places of amusements, they shall under no circumstances
allow hostesses, waitresses, waiters, entertainers, or hospitality
girls below 18 years of age to work as such. Workers who shall
secure the individual Mayor’s permit on their 18th birth year, shall
present their baptismal or birth certificate duly issued by the local
civil registrar concerned.
5) All other employees and persons who exercise their profession, occupation or
calling within the jurisdiction limits of the City/Municipality aside from those
above mentioned.
271
e. Surcharge for Late Payment – Failure to pay the fee within the time prescribed
shall subject a taxpayer to a surcharge of twenty five percent (25%) of the original
amount of the fee due, such surcharge shall be paid at the same time and in the
same manner as the tax due.
Section 243. Permit Fee for the Storage of Flammable and Combustible Materials
a. Basic Provisions – There shall be collected an annual permit fee for the storage of
combustible materials at the rates fixed by an Ordinance on the following:
No person shall keep or store at his place of business any of the above cited
flammable, combustible or explosive substance without securing a permit
therefore.
b. Exemption – Gasoline or naptha not exceeding the quantity of One Hundred (100)
gallons, kept and used by launches or motor vehicles, shall be exempt from the
permit fee herein required.
272
Section 244. Permit Fee on Certain Types of Machineries and Engines -There shall
be imposed an annual fee fixed by an Ordinance on the following but not limited to:
The basis for the fee generally is the need to regulate machinery and equipment that may
be considered pollutive, or hazardous when operated without care or in certain locations
or under certain conditions, or that may create a nuisance (e.g., noise, vibrations). Other
reasonable bases for regulation may also be considered
Section 245. Permit Fee for temporary Use of Roads, Streets, Sidewalks, Alleys,
Patios, Plaza and Playgrounds
a. General Provision – Any person who shall temporarily use and/or occupy a
street, sidewalk, or alley or portion thereof in the city/municipality in connection
with their construction works and other purposes, shall first secure a permit from
the Mayor and pay a fee in accordance with the Ordinance.
b. Exemptions – For wakes and other charitable, religious and educations purposes,
use and/or occupancy is exempted from the payment of permit fee provided the
proper permit is secured before such use and/or occupancy.
a. Provision – Every person who shall conduct or hold any program or activity
involving the grouping of people within the jurisdiction of the city/municipality
shall obtain Mayor’s Permit for every occasion and pay to the City/Municipal
Treasurer the corresponding fee imposed under an Ordinance.
273
b. Exemptions – Programs or activities conducted by educations, charitable,
religious and governmental institutions free to the public shall be exempted from
the payment of the fee herein imposed, provided, that the appropriate Mayor’s
Permit shall be secured beforehand. However, programs or activities requiring
admission fees for attendance shall be subject to the fees herein imposed even if
they are conducted by exempt entities.
a. Provision – There shall be collected the fees fixed in an Ordinance from every
person requesting for copies of official records and documents from the offices of
the city/municipality.
b. Usual Coverage
1) For every page or fraction thereof, typewritten (not including the certification
and notation
a) Typewritten
b) Computerized print-out
2) For each certificate of correctness (with seal of office) written on the copy or
attached thereto
3) For certifying the official act of the City/Municipal Judge or other judicial
certificate with seal
4) For certified copies of any papers, records, decrees, judgment or entry of
which any person is entitled to demand and received a copy (in connection
with judicial proceeding) for each page
5) Photocopy or any other copy produced by copying machine, per page
c. Exemption. The fees imposed shall not be collected for copies furnished to other
offices and branches of the government for official business, except, except for
those copies required by the Court at the request of the litigant in which case,
charges shall be in accordance with the prescribed rates under an Ordinance.
a. Provision – There shall be collected for services rendered by the Local Civil
Registrar of the City/Municipality the fees, fixed under an Ordinance, on the
following:
1) Marriage Fees
274
2) For Registration of the following:
a) Legitimation
b) Adoption
c) Annulment of Marriage
d) Divorce/Legal Separation
e) Naturalization
f) Change of Name
g) Other legal documentation for record purposes
3) For certified copies of any document in the register, for each page
4) Burial fees
b. Exemption – The fee herein imposed shall not be collected in the following
cases:
a. Purpose – Fees shall be fixed by Ordinance and paid for each police clearance
certificate obtained from the Station Commander of the PNP of the
City/Municipality for the following purposes:
1) Change of name
2) Application for Filipino Citizenship
3) Passport or visa application
4) Firearms permit application
5) PLEB clearance
6) Employment, scholarship, study grant and other purposes specified by
ordinance.
275
b. Collection of Fees – The fees shall be collected by the City/Municipal Treasurer
a. Provisions – There shall be collected a fee from any person who is given a
physical examination by the City/Municipal Health Officer or his duly authorized
representative, as required by existing ordinances.
276
c. Responsibility of Employers – Owners managers or operators of the
establishment shall see to it that employees who are required to undergo physical
and medical examination have been issued the necessary medical certificates.
1) “Vaccination” means the inoculation of a dog with rabies vaccine licensed for
the species by the Bureau of Animal Industry, Department of Agriculture.
2) Such vaccination must be performed by trained individual from BAI,
City/Municipal Veterinarian Office and City/Municipal Agriculture Office.
3) The dog owners shall be provided with a copy of the vaccination certificate.
The veterinarian/vaccinator will retain one copy for the duration of the
vaccination. A durable mental or plastic tag, serially numbered issued by the
veterinarian/vaccinator, shall be securely attached to the collar of the dog.
The above provision may not apply in a mass vaccination program. During a free
mass vaccination, the cost shall be borne by the owner after the scheduled date
e. Other Provisions.
277
2) Reporting of Biting Incidents – The owner of a dog which has bitten any
person and the person who has been bitten shall, within 24 hours of the
occurrence, report the incident to the City/Municipal Rabies Control
Authority, a health care worker or a police officer. On receiving such
information, the health care worker or police officer shall immediately
transmit it to the City/Municipal Rabies Control Authority for investigation.
b. Definition of Terms
3) Vessel include every sort of boat, craft or other artificial contrivance used as
means of transportation.
278
c. Coverage – The municipality shall have the exclusive authority to grant the
following fishery privileges within its municipal waters and impose rentals, fees
or charges therefore; (Sec. 149, LGC)
1) To erect fish corals, oyster, mussel, or other aquatic beds or bangus fry areas.
2) To gather, take or catch bangus fry, prawn fry or kawag-kawag or fry of other
species and fish from municipal waters by nets, traps or other fishing gears.
However, marginal fishermen shall be exempt from any rentals, charge or any
other imposition whatsoever.
1) Membership:
2) The Committee shall advertise the call for sealed bids for the leasing of a zone
or zones of municipal waters in public auction for two (2) consecutive weeks
in the bulletin board of the city/municipal hall. If no bids are received within
two (2) weeks, such notice shall be posted for another two (2) weeks. If after
said two (2) notices for the grant of exclusive fishery rights through public
auction, there are no interested bidders, the Sanggunian shall grant the rights
within the definite area or portion of the municipal waters to any interested
individual upon payment of a license fee fixed herein.
3) The notice advertising the call for bids shall indicate the date and time when
such bids shall be filed with the City/Municipal Treasurer.
279
5) At the time and place designated in the notice, the Committee sitting en banc
shall open all the bids and award the lease to the qualified bidder offering the
highest bid. The lease shall be executed within ten (10) days after the award is
made by a committee and if the successful bidder refuses to accept, or fails or
neglects to execute the lease within such time, his deposit shall be forfeited in
favor of the city/municipal government in such a case another bidding shall be
held in the manner provider above.
6) The deposits of the unsuccessful bidders shall be returned upon the execution
of the lease contract by the successful bidder or before the calling of another
bid.
e. Duration of Lease – The grant of fishery rights through public auction shall be
for a period prescribed under an Ordinance.
Provided, That such fishing shall not take place within Two Hundred (200) meters
from a fish corral licensed by the city/municipality; and that such fish caught
under this privileges shall not be sold.
a. Provision for Charges – There shall be collected from every owner or operator
of a business establishment an annual garbage fee fixed in an Ordinance on the
following:
280
6) Other Businesses not mentioned above
7) Residential. Establishments
a. Provision for Charges – There shall be collected fees for the use of
city/municipality owned parking areas or designated streets for pay parking in
accordance with the following:
b. Time and Manner of Payment – The fees fixed by an Ordinance shall be paid to
the City/Municipal Treasurer or his duly authorized representative upon parking
thereat.
b. Provision for Charges – There shall be collected rentals for the City/Municipal
Cemetery lots at the rates prescribed under the Ordinance.
1) Large cattle
2) Hogs
3) Goats
4) Sheep
5) All Others
281
b. Slaughter Fee – The fee fixed by an Ordinance shall be paid to cover the cost of
service in the slaughter of animals at the city/municipal slaughterhouse.
c. Corral Fee – The fee fixed by an Ordinance, may be collected for the animals to
be slaughtered which are deposited and kept in a corral owned by the local
government ( Sec. 31, PD 231)
a. Nature and Purpose of Tolls – There may be collected fees or charges for the
use of certain utilities owned and operated by the city/municipality as a means to
recover parts of the public investments to construct/acquire them, to cover
maintenance or operating costs, and for similar reasonable purposes. Piers, ferries,
bridges and roads are only some examples of utilities that may be subject to toll
charges.
282
b. Application, Payment and Issuance of Mayor’s Permit
2) The cockpit registration fee is also payable upon application for a permit
before a cockpit can operate and within the first twenty (20) days of
January of each year in case of renewal thereof, January 20.
3) The permit fees on cockpit personnel shall be paid before they participate
in a cockfight and shall be paid annually upon renewal of the permit on the
birth month of the permitee.
f. Cockfighting Officials – Gaffers, referees, bet managers, bet takers, cashiers, pit
referees, and promoters shall not act in any cockfight in the city/municipality
without first securing a license renewable every year on their birth month from
the city/municipality where such cockfights is held. Only gaffers, referees, bet
takers, or promoters licensed by the city/municipality shall officiate in all kinds of
cockfighting authorized. No operator or owner of a cockpit shall employ or allow
any of the mentioned personnel to participate in a cockfight unless they have
registered and paid in the imposed fee.
283
allowed for the entertainment of foreign dignitaries or for tourists, of for returning
Filipinos, commonly known as “Balikbayans” or for the support of national fund-
raising campaigns for charitable purpose as may be authorized upon resolution of
the local Sanggunian, in licensed cockpits, or in playgrounds or parks. This
privilege shall be extended for only one (1) time for a period not exceeding thee
(3) days, within a year.
284
Chapter 4. GOVERNMENT ENTERPRISE OPERATIONS
Section 260. Political and Corporate Nature of LGUs – Every LGU created or
recognized under the LGC is a body politic and corporate endowed with powers to be
exercised by it in conformity with law. As such, it shall exercise powers as a political
subdivision of the National Government and as a corporate entity representing the
inhabitants of its directory. (Sec. 15, LGC)
LGUs shall enjoy full autonomy in the exercise of their proprietary functions and in the
management of their economic enterprise, subject to the limitations provided in the LGC
and other applicable laws
a. In relation to the imposition and collection of fees and charges, the ordinance shall
include provisions on the following:
2) Toll fees or charges for the use of any public road, pier or wharf,
waterway bridge, ferry or telecommunications systems, etc. (Sec. 155,
LGC and Sec. 47 GAAM Vol. 1)
c. Officers and enlisted men of the Armed Forces of the Philippines and members of
the Philippine National Police on mission, post office personnel delivering mail,
physically-handicapped, and disabled citizens who are 65 years or older shall not
be collected the toll fees or charges. (Sec. 155, LGC);
d. When public safety and welfare so requires, the sanggunian concerned may
discontinue the collection of the tolls, and thereafter the said facility shall be free
and open for public use. (Sec. 155, LGC).
Section 263. Basic Services and Facilities – LGUs shall endeavor to be self-reliant
and, aside from discharging the functions and responsibilities of national agencies and
285
offices devolved to them by the LGC, shall continue exercising the powers and
discharging the duties and functions already vested upon them prior to the LGC.
The LGUs shall likewise exercise such other powers and discharge such other functions
and responsibilities as are necessary, appropriate, or incidental to efficient and effective
provision of basic services and facilities to their constituents. (Sec. 17, LGC)
1) For a Barangay
2) For a Municipality
286
projects; and enforcement of fishery laws in municipal waters
including the conservation of mangroves;
287
rain water collectors and water supply systems, seawalls, dikes,
drainage and sewerage, and flood control, traffic signals and road
signs and similar facilities;
j) Public cemetery;
l) Sites for police and fire stations and substations and the
municipal jail
3) For a Province
288
g) Infrastructure facilities intended to service the need of the
residents of the province and which are funded out of provincial
funds including, but not limited to, provincial roads and bridges,
inter-municipal water-works, drainage and sewerage, flood
control, and irrigation systems, reclamation projects and similar
facilities;
4) For a City – All the services and facilities of the municipality and
province, and in addition thereto, the following:
289
facilities shall be undertaken by the local government unit concerned
based on national policies standards and guidelines (Sec. 17, LGC)
a. Beach Houses
b. Coliseums
c. Cold Storage Plants
d. Communication and Transportation Facilities
e. Cultural Centers
f. Electric Power Plants
g. Ferries
h. Food Terminal Markets
i. Health Resorts
j. Hospitals
k. Irrigation Systems
l. Lease of Equipment and Machinery
m. Low-cost Housing and other Dwelling Projects
n. Markets
o. Multi-purpose Hall, Multi-purpose Pavements and Plazas
p. Public Cemeteries
q. Radio Stations
r. Sports Complexes Sports Facilities
s. Telephone Systems
t. Toll Roads & Bridges
u. Tourism Facilities and Other Tourist Attractions
v. Waterworks Systems
w. Wharves
x. Water Supply Systems
a. Advise the LCE, the Sanggunian, and the management of the public enterprise on
its financing aspects;
c. Take charge of the collections and take custody of funds of all government
enterprises;
d. Ensure that payments are made on duly certified and approved disbursement
vouchers;
290
e. Advise the LCE of delinquencies of government enterprise clientele for purposes
of enforcing sanctions and taking the necessary remedial measures;
To ensure the active participation of the private sector in local governance, LGUs may,
by ordinance, sell, lease, encumber, or otherwise dispose of public economic enterprises
owned by them in their proprietary capacity. (Sec. 17, LGC)
Section 267. Common Modes of Contracting for LGUs – The LCE may be authorized
through a Sanggunian Resolution to enter into a contract with the private sector for the
management and operation the government enterprise.
The Treasurer shall advise the LCE and sanggunian on the relative advantages and
propriety of the following, as well as other, common modes of contracting by which
LGUs might engage the private sector:
a. Service contract – This is appropriate when the LGU requires the assistance of a
private entity to perform specific tasks.
1) The contract is generally short-term (usually less than one year, and not
more than 2 years);
2) The responsibility for fixed investment fund and working capital remains
in the LGU;
3) The contractor is assured of a fixed fee from the LGU budget or from the
revenues of the enterprise;
4) This scheme provides an avenue for tapping private sector expertise for
the performance of specialized, particular tasks.
b. Management Contract – In this type of contract, the LGU transfers the entire
management, including the operating and maintenance of the facility, to the
291
private operator. The contract may have a duration of three to five years, but the
LGU should provide for earlier termination, in case this is needed to protect its
interests.
The fixed fee may come from the LGU budget or from the enterprise
revenues. The success fee, which is contingent in nature, invariably comes
from enterprise revenues.
c. Lease Contract – Under this type of arrangement, the private firm leases an asset
of an LGU for a fixed lease payment, and assumes the responsibility for
operating, maintaining, and managing the asset, aside from the commercial risks
of the operations. It effectively buys the rights to the income stream of the leased
asset.
3) The ownership of the asset and the improvements made generally revert to
the LGU at the end of the lease.
292
3) Since the responsibility for putting new investments in concessions is with
the private operator the government does not need to raise financing.
Section 269. Registration of BMBEs – Any business entity or enterprise falling under
the following conditions, whether operated as a sole proprietorship or a corporation,
partnership, cooperative or association, organized/incorporated and existing under
Philippine laws can register as a BMBE:
1) Natural persons who are duly licensed by the government after having
passed a government licensure examination in connection with the
exercise of one’s profession;
293
b. Those whose total assets, real or personal, inclusive of those arising from loans but
exclusive of the land on which the particular business entity’s office, plant and
equipment are situated, shall not be more than Three Million Pesos (P3,000,000)
or as may be adjusted by the Small and Medium Enterprises Development
(SMED) Council as mandated under RA 6977 as amended by RA 8289: Provided,
that for the purpose of registering as a BMBE, the assets must be owned and used
for the conduct of its business as such BMBE.
a. The majority of its employees are residents of the municipality where its principal
place of business is located; or
c. Its business operations are confined within the territorial jurisdiction of the
municipality or LGU in which its principal place of business is located: Provided,
however, that the enterprise may establish warehouses, buying stations, sales
outlets, and booking or administrative offices anywhere in the Philippines, subject
to pertinent rules and registration requirements of the concerned LGUs and other
government agencies where such warehouses, outlets, stations or offices are
established.
c. Its policies and business modus operandi are not determined by a large scale
enterprise or by persons who are not owners or employees of the enterprise.
Section 272. Registration of BMBEs – The Office of the Treasurer of each City or
Municipality shall register BMBEs and issue a Certificate of Authority to enable the
BMBE to avail of incentives under this Act: Provided that only one Certificate of
Authority shall be issued for each BMBE and only by the Office of the Treasurer of the
City or Municipality that has jurisdiction over the principal place of business of the
BMBE. (Sec. 2, IRR, RA 9178)
Section 273. Exemption of BMBEs from Taxes and Fees – All BMBEs shall be
exempted from income tax for income arising from the operation of the enterprise.
294
Interest, commissions and discounts derived from the loans by the Land Bank of the
Philippines, Development Bank of the Philippines, People’s Credit and Finance
Corporation and Small Business Guarantee and Finance Corporation granted to BMBEs
as well as loans extended by the GSIS and SSS to their respective member-employees
under the BMBE Act of 2002 shall be exempt from gross receipts tax (GRT)
295
1). Documents listed in a 1) to 9), inclusive; and
2). Annual Information return (for the year immediately preceding the
renewal of registration) duly filed with the BIR, together with
attachments.
Section 277. Registration Fee – The Office of the Treasurer shall issue the Certificate
of Authority promptly and free of charge, unless a fee therefore, not exceeding One
Thousand Pesos (P1,000) is imposed by the LGU through a properly enacted ordinance.
Section 278. List of Registered BMBEs to be Furnished the BIR - The Office of the
City/ Municipal Treasurer shall furnish the Revenue District Officer of the BIR in the
locality concerned on a quarterly basis, the list of all registered BMBEs of good standing.
Said List of Registered BMBEs shall be one of the bases of the BIR in granting the
income tax exemption to the BMBE.
Section 279. Periodic Evaluation by the Local Treasurer – The Office of the
City/Municipal treasurer shall conduct an evaluation and verification of the BMBE’s
financial status, including the amount and condition of its assets within 30 days from the
close of the year after a BMBE’s initial registration, and within 30 days from the close of
each year thereafter. The Treasury officials conducting the verification must be
authorized in writing by the City/Municipal Treasurer. The written authority should
include the name of the official(s) who will conduct the verification, the address of the
place of business to be verified, and the duration of the written authority which should
not exceed a period of one week from its issuance.
Section 280. Cancellation of Registration – The Office of the City/Municipal
Treasurer shall cancel the registration of a BMBE under the following conditions:
296
d. In case of death of the registered individual owner of the BMBE, in the case of
a sole proprietorship;
e. In case of violation or non-compliance with the provisions of RA 9178 and the
IRR, and DOF Department Order 17-04;
f. In case of merger or consolidation with an entity which is not eligible to be a
BMBE;
g. In case of sale or transfer of the BMBE, if it is a sole proprietorship, without
prejudice to the transferee applying for registration should it be qualified under
the provisions hereof;
h. Submission of fake, false or falsified documents;
i. In case of retirement from business or cessation/suspension of operations for one
year; and
j. Making false or omitting required declarations or statements.
Section 281. Exemption of BMBEs from Income Tax – All duly registered BMBEs
shall be exempt from income tax arising purely from their operations as such BMBE:
Provided that such exemption shall not apply to the following:
a. Interest, including those from any currency bank deposit and yield or any other
monetary benefit from deposit substitutes and from trust funds and similar
arrangements;
b. Royalties;
c. Prizes and other winnings;
d. Cash and/or property dividends;
e. Capital gains from the sale of shares of stock not traded through the stock
exchange;
f. Capital gains from the sale of shares of stock not traded through the stock
exchange;
g. The share of an individual in the net income after tax of a taxable partnership of
which he is a partner;
h. Income from the practice of profession received directly from the clients or from
the professional partnership of which the individual is a partner;
i. Compensation; and
j. All other forms of passive income and income from revenues not effectively
connected with or arising from operations of the BMBEs as such.
297
Section 282. Determination of the Value of Assets of the BMBE for Income Tax
Exemption Purposes – For the purpose of exemption from income tax, the following
conditions shall be met:
a. The total assets of the BMBE, which shall not exceed Three Million Pesos
(P3,000,000), shall include all kinds of properties, both personal properties and
real properties (but excluding land on which the particular business entity’s office,
plant and equipment are situated) that are owned and used/to be used, or even if
not owned but used/to be used, by the BMBE and/or its affiliates for the conduct
of its/their business/es:
b. Provided, that the term “affiliate” shall refer to any person or business
enterprise/entity that, directly or indirectly through one or more intermediaries,
controls or is controlled by, or is under common control with, the BMBE
concerned.
b. Sworn Statement of the values of the assets owned and/or used/to be used by the
BMBE and/or its affiliates reflecting the current values thereof. The sworn
statement shall be supported by the following:
298
e. Latest audited financial statements, or account information form or its equivalent
containing data lifted from the audited financial statements.
Section 284. Filing of Annual Information Return – Every BMBE entitled to full
income tax exemption is required to file an Annual Information Return, together with an
Account Information Form, or its equivalent, containing data lifted from the audited
financial statements and a sworn statement of assets owned and/or used in the business.
Section 285. Where and When to File the Annual Information Return – Except in
cases where the BIR Commissioner otherwise permits, the return shall be filed with the
Revenue District Officer or the Revenue Collection Officer or the duly authorized
Treasurer of the city or municipality in which the BMBE has its principal place of
business. The return shall be filed on or before the fifteenth (15 th) day of the fourth
month following the close of the taxable year.
a. The BIR shall revoke the income tax exemption privilege of a BMBE for any of
the causes set forth in Section 280 of this Manual on the cancellation of
registration of a BMBE.
b. The BIR shall notify the BMBE in writing of its findings and require the BMBE
to pay the corresponding income tax, without prejudice to the filing of
administrative or criminal complaints if warranted.
c. The BIR shall also notify the Office of the City/Municipal Treasurer concerned of
its action, whereupon the City/Municipal Treasurer shall make a determination
within fifteen (15) days from receipt of the BIR notice, whether or not the
BMBE’s Certificate of Registration issued by the treasurer must likewise be
cancelled.
299
Chapter 5. CREDIT FINANCING AND ALTERNATIVE SOURCES OF FUNDS
Section 287. General Policy – It shall be the basic policy that any LGU may create
indebtedness, and avail of credit facilities to finance local infrastructure and other socio-
economic development projects in accordance with the approved local development plan
and public investment program.
An LGU may also avail of credit lines from government or private banks and lending
institutions for the purpose of stabilizing local finances.
Section 288. Credit and Other Sources of Funds Available to LGUs – LGUs may
avail of the following credit financing, indebtedness and other financing mechanisms for
the purposes under, and in accordance with, the provisions of the LGC as well as other
relevant laws:
300
Under BOT in its original sense, ownership of the facility is vested in the
project sponsor, but the project proponent operates the facility for a contractually
set fixed term during which it is allowed to charge facility users tolls, fees,
rentals, or other appropriate charges based on the approved contract. These
charges are the means by which the project proponent recovers its investments,
covers the costs of maintaining and operating the project, and realizes a
reasonable return. At the end of the contracted period, which by law should not
exceed 50 years, the project proponent transfers the facility to the sponsor agency
or LGU.
1) Build-and-Transfer (BT)
3) Build-Own-and-Operate (BOO)
301
a) A contractual arrangement under which a project proponent
is authorized to finance, construct, own, operate and maintain
an infrastructure or development facility.
b) The proponent, which in this case owns the assets, is allowed
to recover its total investment, the costs of maintaining and
operating the facility and a reasonable return, by collecting
tolls, fees, rentals or other charges from facility users.
c) Under this scheme, the proponent, as project owner, may
assign its operation and maintenance to a facility operator.
4) Build-Transfer-and-Operate (BTO)
a) A contractual arrangement under which the sponsor
government agency or LGU contract a private entity to build
an infrastructure facility on a turn-key basis.
b) The contractor assumes cost overruns, delays, and specified
performance risks.
c) The title is transferred to the project sponsor as soon as the
facility is commissioned satisfactorily, but the private entity
operates the facility on its behalf under an agreement.
5) Contract-Add-and-Operate (CAO
6) Rehabilitate-Operate-and-Transfer (ROT)
302
e. Construction – refers to new construction, rehabilitation, improvement,
expansion, alteration and related works and activities. The term includes the
necessary supply of services and labor, equipment, materials, and related items
needed to build or rehabilitate an infrastructure or development facility.
h. Development Programs – usually, the terms refers to the plans and programs
included in the Medium-Term Philippine Development Plan, the Regional
Development Plans and Local Development Plans. It may, however, also refer to
other plans and programs not included in these.
l. Regular Income – comprises all recurring income from local sources or revenues
plus regular share of LGUs in the proceeds of national taxes.
303
n. Sinking Fund – assets and their earnings earmarked for the retirement of bonds
or other long-term obligations. Most commonly set aside from income of revenue-
earning property.
Section 290. Duties and Responsibilities of Local Treasurer – The Local Treasurer
has the following duties and responsibilities that relate to the LGUs powers to use credit
financing, indebtedness and alternative sources of funds:
a. Act as the custodian of all funds directly released to the LGU from the proceeds
of grants and from loans, credits and other forms of indebtedness, as well as
income and express profits derived from the operations of the projects financed
from them. He shall deposit these funds in a separate depository account in the
name of the LGU with banks, preferably government owned, located in or nearest
to the LGUs area of jurisdiction;
c. In coordination with other LGU official concerned, ensure that the debt servicing
for the LGU credit does not exceed 20% of its annual regular income for each
year until the loan is fully paid. (Sec. 324, LGC);
d. Pay or amortize loans, including all interests incurred, as appropriate from the
income of the projects or services and/or from the regular income of the LGUs
until fully paid
2) Maintain special accounts in the general fund for loans, interest, bond
issues, receipts arising from BOT transactions, such as toll fees,
charges, and other mandatory contributions for specific purposes. (Sec.
313, LGC);
4) If required, provide financial data about the LGU that may be needed
in relation to its availment of the funding sources and mechanisms
described in this Chapter.
304
Section 291. Provisions for the Servicing of Contractual Obligations of LGUs:
d. Regular income shall refer to revenues and receipts realized by provinces, cities
and municipalities from regular sources of the local General Fund including the
internal revenue allotment and other shares provided for under the Code, but
exclusive of non-recurring receipts such as other national aids, grants, financial
assistance, loan proceeds, sale of fixed assets and other similar receipts.
a. An LGU may contract loans, credits, and other forms of indebtedness with any
government or domestic private bank and other lending institutions to finance
the following:
305
2) Acquisition of real property;
3) Implementation of other capital investment projects, subject to such
terms and conditions as may be agreed upon by the LGU and the
lender
b. An LGU may likewise secure from any government bank and lending
institution short, medium, and long term loans and advances against security
of real estate or other acceptable assets for the establishment, development, or
expansion of agricultural, industrial, commercial, house financing and
livelihood projects, and other economic enterprises;
Section 294. Tax Exemption Privileges of LGUs – LGUs shall be exempt from
payment of duties and taxes for the importation of heavy equipment or machinery which
shall be used for the construction, improvement, repair and maintenance of roads,
bridges, and other infrastructure projects, as well as garbage trucks, fire trucks, and other
similar equipment provided that such equipment or machinery shall not be disposed of,
either by public auctions or negotiated sale, within five (5) years from their importations.
To avail of the incentives and for expeditious processing of request for duty and tax
exemption, the following specific requirements are prescribed:
c. Sworn Statement that the imported articles are not for sale, hire or barter; and
d. An undertaking from the LGU that, upon release and physical possession of
the machinery and equipment, the notice “ENTERED DUTY/TAX-FREE
UNDER THE NEW LOCAL GOVERNMENT CODE” shall be printed in a
conspicuous space on the machinery and equipment which was accorded duty-
and-tax-free release.
306
Section 295. Limitations on the Use of Credit Lines to Stabilize Local Finance – In
the use of credit lines for the purpose of stabilizing local finances as provided in Sec. 296
of the LGC, LGUs shall observe the following guidelines:
1) kinds of loans;
2) purpose of loans and other obligations;
3) lending agencies/institutions;
4) dates approved/granted and maturities;
5) terms and conditions;
6) annual amortizations (please segregate/specify principal and interest);
7) remaining balances (principal and interest)
current
arrears
8) assignments/collaterals
d. Current year budget together with the 20% development fund program;
e. Financial data on the LGUs financial and other operations, as well as the socio-
economic climate within its territory. The more common financial data are
shown in the next table. Other financial data are also contained in the
Statement of Receipts and Expenditures (SRE) shown in LTO Form 14 of the
Manual.
307
TABLE ON LGU FINANCIAL DATA COMMONLY REQUIRED WHEN
AVAILING OF INDEBTEDNESS AND OTHER FINANCING
MECHANISMS
LGU INCOME Social Security /Social Services and
Welfare
Local Sources Economic Services
Tax Revenue Debt Servicing
Real Property Taxes Other Purposes
Business Taxes and Licenses Special Education Fund
Other Taxes Education, Culture and Sports/Manpower
Development
Non Tax Revenue 2.2 By Sector
Operations of Economic Enterprises - Economic Services
Regulatory Fees - Social Services
Service/users Charges - General Public Services
Other Receipts - Debt Burden
Shares from National Tax Collections/ 2.3 By object
Grants/Aids - Personnel Services (PS)
Internal Revenue Allotment (IRA) - Maintenance and Other Operating
Share in National Wealth Services (MOOE)
Share in tobacco Excise Tax - Capital Outlay
Grants - 20% Development Fund
Domestic - Other Capital Outlay
Foreign - Liabilities Being Serviced
National Aid
Loans, Borrowing, and Transfers 3.0 TAX BASE
Loans 3.1 Potential Collection
Transfers 3.2 Actual Collection
Inter-Local Transfers
LGU EXPENDITURES 4.0 VALUE ASSETS
4.1 Equipment
2.1 By Function 4.2 Buildings
- General public services 4.3 Land
- Education, culture and sports
- labor and employment 5.0 PROJECTIONS OF INCOME AND
- Housing and Community Development EXPENDITURES
Other credit worthiness documentary requirements and further credit analysis to be done
by the Bureau of Local Government Finance are discussed in a separate manual entitled
Creditworthiness Rating Manual.
308
Section 297. Acceptable Collateral – The most common securities or collaterals which
LGUs might offer for loans to satisfy the lending institutions requirements are any one of
a combination of the following:
a. Assignment of a portion of the share from the IRA of the LGU concerned.
Any LGU through the LCE and upon authorization by the local sanggunian
concerned may authorize the National Government to deduct or withhold a
portion of its IRA share for the payment of its contractual obligations, subject
to the limitations under Sec, 324(b) of the Code.
The Resolution of Local Sanggunian shall clearly state the name of the
creditor, the nature of indebtedness the amount to be withheld and the period
and term that such withholding of IRA shares shall be made.
b. Chattel mortgage of equipment financed by the loan;
c. Real estate mortgage or patrimonial property of the LGU;
d. Net profit from the project financed by the credit.
Section 298. Special Account for Loans, Interests, Bonds, and Contributions for
Specific Purposes – LGUs shall maintain Special Accounts in their General Fund for the
following:
Section 299. Other Requirement for Loans, Deferred Payments and Other
Financial Schemes – The officials of LGUs contracting loans and other forms of
indebtedness under the provisions of his Chapter shall also comply with the following:
a. Any other provisions of the LGC or other laws that may be relevant to a
particular project or the transactions necessary to realized it;
b. The rules and regulations on property and supply management, which shall be
applied in the acquisition of equipment or machinery under the loans, deferred
payment and other financial schemes;
Section 300. Inter-LGU Loans, Grants and Subsidies – Provinces, cities and
municipalities may, upon approval the of the majority of all members of the sanggunian
concerned and in amount not exceeding their surplus funds, extend loans, grants, or
subsidies to other LGUs under such terms and conditions as may be agreed upon by the
contracting parties. (Sec. 300, LGC)
309
There are no standard terms and conditions for loans under this scheme. However, the
creditor LGU and the borrower LGU have to negotiate, come to an agreement, and
observe the following processes:
a. Enactment by the lending and the borrowing LGUs of the required Resolution
and/or Ordinances signed/approved by majority of all members of their
respective sanggunian, stipulating the terms and conditions that should include
the following:
Section 301. Joint and Several LGU Loan Arrangements- LGus may, upon approval
of their respective sanggunians, jointly or severally contract loans, credits, and other
forms of indebtedness for purposes mutually beneficial to them. (Sec. 300, LGC)
Section 302. Loans from Funds Secured by the National Government from Foreign
Sources – The President or his duly authorized representative may, through any
government financial or other lending institution, relend to any province, city,
municipality, or barangay, the proceeds of loans from foreign financial institutions or
other international funding agencies.
a. Guidelines:
2) Such loans shall be subject to the terms and conditions agreed upon by
the President and the LGU. The proceeds from such loans shall accrue
directly to the LGU.
310
3) The President may likewise authorize the lending to LGUs of the
proceeds of grants secured from foreign sources, subject to the
provisions of existing laws and the applicable grant agreement.
The different MDFO new loan /grant financing packages that may be availed
by the LGUs are discussed in a separate manual on the Proposed New MDFO
Lending Programs and Products.
Section 303. Deferred Payments and Other Financial Schemes – Provinces, cities
and municipalities may acquire property, plant, machinery, equipment, and such
necessary accessories under a supplier’s credit, deferred payments plan, or other financial
schemes under the following conditions:
a. That the acquisition of such equipment, machinery, and their accessories shall
be governed by the pertinent provisions of the IRR to the LGC, on “Local
Government Supply and Property Management”, whether such items are to be
supplied or purchased from a local or foreign supplier; and
Section 304. Bonds and Other Long Term Securities – Subject to the rules and
regulations of the Central Bank and the Securities and Exchange Commission, provinces,
cities and municipalities are authorized to issue bonds, debentures, securities, collaterals,
notes and other obligations to finance self-liquidating, income-producing development or
livelihood projects pursuant to the priorities established in the approved local
development plan or the public investment program. (Sec. 299, LGC)
311
The BLGF’s certifications as to the LGUs maximum borrowing or debt
service capacity is part of the documentation required for the issuance of local
government bonds. (Art. 18(f) of this Chapter)
c. National Government Guarantee – In cases where the bond issue shall bear
the guarantee by a majority of the National Government, the approval of the
Secretary of Finance shall be required. (Art. 397, IRR).
Moreover, relative to Section 299 of the LGC, the BSP has issued rules and
regulations under BSP Circular No. 41, dated August 29, 1994 for bond
issuances which do not require national government guarantee and BSP
Circular No. 44 for bond issuances which require full national government
guarantee.
312
3) Monetary Board opinion on the probable effects of the proposed
issuance of the LGU Bonds on the monetary aggregates, price levels
and balance of payments (BSP Circular No. 41);
Section 305. Private Sector Financing (under (BOT Arrangement) – LGUs may
avail of the several variations of BOT arrangements to finance, construct, maintain,
operate and manage infrastructure projects.
a. General Provisions:
313
b. Terms and Conditions – Projects implemented under the provisions of
Section 302 of the LGC are subject to the following terms and conditions:
1) The provincial, city or municipal engineer, as the case may be, upon
formal request in writing by the LCE, shall prepare the plans and
specifications for the proposed project, which shall be submitted to the
sanggunian for approval.
3) Any contractor who shall undertake any project under this scheme
shall post the required bonds to protect the interest of the province,
city, or municipality, in such amounts as may fixed by the sanggunian
concerned.
314
4) The provincial, city, municipal engineer shall, as the case may be, not
allow any contractor to initiate projects under this Article unless such
contract presents proof or evidence that he has posted the required
bond.
aa. The LGU shall approve the tolls, fees, rentals and
charges based on reasonableness and equity;
315
7) The provincial, city, municipal legal officer concerned shall review the
contracts executed pursuant to this Article to determine their legality,
validity, enforceability and correctness of form.
Section 306. Authority to Negotiate and Execute Grants – The LCE of an LGU may,
upon authority of the sanggunian, negotiate and secure financial grants or donations in
kind from local and foreign assistance agencies, in support of the basic services or
facilities enumerated under Section 17 of the LGC, without the need to secure clearance
or approval from any department. agency, or office of the National Government or from
any higher LGU. (Sec. 23 LGC)
b. Required Report to Congress and the President – The LCE, within thirty
(30) day upon signing any such grant agreement or deed of donation, shall
report the nature amount, and terms of such assistance to both Houses of
Congress and the President. (Sec. 23, LGC)
316
1) The LGU prepares the project proposal using the required NEDA
forms in consultation with the DILG and NEDA and with other NGAs
as appropriate;
5) The LCE endorses the project, through NEDA, to the identified ODA-
granting institution;
6) The LGU submits the project proposals to the DILG which refers it to
the concerned NGAs for possible security implications;
7) The concerned NGAs review the project proposal and within 30 days
inform the DILG and the LGU concerned of the result of the review.
As appropriate, the proposal may be approved, objected to due to
security implications, or referred back for revisions;
10) An NGA or higher local or regional governmental body (i.e. PDC and
RDC) evaluates the project proposals only upon express request of the
ODA grant donor and the consent of the LGU(s) concerned.
Section 307. Prohibited Acts. It shall be unlawful for any public official or employee
in the provincial, city, municipal government, or their relatives within the fourth civil
degree of consanguinity or affinity, to enter into or have any pecuniary interest in any
contract for the construction, acquisition, operation, or maintenance of any project
awarded pursuant to the provisions of this Chapter, or for the procurement of any
supplies, materials, or equipment of any kind to be used in the said project.
317
Any person convicted for violation of the provisions of said Title shall be removed from
office and shall be punished by imprisonment of not less than one (1) month, nor more
than two (2) years, at the discretion of the court, without prejudice to prosecution under
other laws. (Sec. 520, LGC and Art. 402, IRR)
318
FISCAL ORGANIZATION OF LOCAL GOVERNMENT
AND THE LOCAL TREASURER
BOOK SIX
319
except those displayed at the
place or places where profession
or business advertised thereby is
R.A. 2370 – “Barrio Charter” (cont.) in whole or in part conducted
A tax on gamecocks owned by
residents of the barrio and on the
cockfights conducted therein.
Provided, that nothing herein
shall authorize the barrio council
to permit cockfights
Monies, materials and voluntary
labor for specific public works
and cooperative enterprises of
the barrio raised from residents
landholders, produces and
merchants of the barrio
Monies from grants-in-aids,
subsidies, contributions and
revenues made available to
barrios from municipal,
provincial or national funds
Monies from private agencies
and individuals
An additional percentage, not
exceeding one fourth of one
percent of the assessed valuation
of the property within the barrio,
collected by the municipal
treasurer along with the tax on
real property levied for
municipal purposes by the
municipality and deposited in
the name of the barrio with the
municipal treasurer. Provided,
that no tax or license fee
imposed by a barrio council
shall exceed fifty per cetrum of a
similar tax or fee levied,
assessed or imposed by the
municipal council. (Sec. 14, RA
2370
3. The Barrio treasurer collects all taxes
existing (except real property taxes), fees
and contributions due the barrio treasury for
which he shall issue official receipts. Xxx
(2nd par. Sec. 16, RA 2370)
September 12, 1967 1. Grants local governments greater freedom
R.A. 5185 – “Decentralization Act of 1967” and ampler means to respond to the needs
of their people and promote their prosperity
and happiness and to effect a more
equitable and systematic distribution of
governmental powers and resources. (Sec.
320
2, RA 5185)
2. Provincial treasurers are agent of the
Philippine National Bank (Sec. 11(I-d), RA
5185)
3. The allotment share of provinces and cities
is increased from ten to thirteen per centum
and the allotment share of municipalities is
increased from two to four per centum. The
basis of the allotment shall be the
collections during the preceding fiscal year,
to be distributed among the provinces,
cities, municipalities as follows: a) seventy
per centum on the basis of population as
shown by the latest official census, and b)
thirty per centum in proportion to the land
area. (Sec. 13, RA 5185)
June 28, 1973 The Secretary of Finance and the provincial
P.D. – “Local Tax code” (amended March 20, treasurer or the city treasurer are given
1974 by PD 426) authority to review tax ordinances and to
suspend the effectivity of any tax ordinances.
(provincial & city ordinances – Secretary of
Finance, municipal ordinances – provincial
treasurer, barrio ordinances – city treasurer.
(Sec. 44 of PD 231)
May 20, 1974 1. Code governing the appraisal and
P.D. 464 – “Real Property Tax Code” assessment of real property for purposes of
taxation by provinces, cities and
municipalities, as well as the levy,
collection and administration of the real
property tax. (Sec. 1, PD 464)
2. Provides for the levy, assessment and
collection in the provinces, cities, and
municipalities an annual ad valorem tax on
real property , such as land, buildings,
machinery and other improvements affixed
or attached to real property not specifically
exempted. (Sec. 38, PD 464)
3. Empowers provincial, city or municipal
boards or councils to fix uniform rate of
real property tax applicable to their
respective localities as follows
In the case of the province, the
tax shall be fixed by ordinance
of the provincial board at the
rate of not less than one fourth
of one percent but not more than
one half of one percent of the
assessed value of real property
In the case of a city, the tax shall
be fixed by ordinance of the
provincial board or city council
at the rate of not less than one
Cont May 20, 1974
321
P.D. 464 – “Real Property Tax Code” half of one percent but not more
than two percent of the assessed
value of real property. (Sec. 39,
PD 464)
4. Imposes annual tax of one percent on real
property that accrues to the Special
Education fund created under R.A. No.
5447, and is in addition to the basic real
property tax which local governments are
authorized to levy, assess and to collect
under this Code xxx (Sec. 41, PD 464)
5. Imposes an additional real property tax on
idle lands at the rate of five percent per
annum based on the assessed value of the
property as determined by the Provincial or
City Assessor of the Province or City where
the property is located, or by the Municipal
Assessor in the case of idle lands situated in
the municipalities of Metropolitan Manila.
(Sec. 42 (a), PD 464)
6. The provincial, city, municipal boards or
council may, by ordinance, provide for the
imposition and collection of a special levy
on the lands comprised within the province,
city or municipality xxx especially
benefited by the laying out, opening,
constructing, straightening, widening,
grading, paving, curbing, walling,
deepening,, or otherwise establishing,
repairing, enlarging,, or improving public
avenues, roads, streets, alleys, sidewalks,
parks, plazas, bridges, landing places,
wharves, piers, docks, levees, reservoirs,
waterworks, water courses, esteros, canals,
drains and sewers: xxx Within the meaning
of this Section, all lands comprised within
the district benefited, except lands exempt
from the real property tax under Section
forty hereof, shall be subject to the payment
of the special levy. (Sec. 47, PD 464)
7. The real property tax for any year shall
attach and become due and payable on the
first of January and from the same date said
tax and all penalties subsequently accruing
thereto shall constitute a lien upon the
property subject to such tax. Said lien shall
be superior to all other liens, mortgages, or
encumbrances of any kind whatsoever, shall
be enforceable against the property whether
in the possession of the delinquent or any
subsequent owner or possessor, and shall be
removable only by the payment of the
Cont May 20, 1974 delinquent taxes and penalties.
322
P.D. 464 – “Real Property Tax 8. The real property tax on properties actually,
directly and exclusively used for education
purposes as provided under Presidential
Decree No. 261 shall begin to accrue on
January 1, 1975. (Sec. 56, PD 464)
9. The collection of the real property tax and
all penalties accruing thereto, and the
enforcement of the remedies provided for in
this Code or any applicable laws, shall be
the responsibility of the treasurer of the
province, city or municipality where the
property is situated. (Sec. 57, PD 464)
10. The provincial or city assessor shall prepare
and submit to the treasurer of the province,
city or municipality, on or before the thirty-
first day of December of each year, an
assessment roll containing a list of all
persons to whom real properties have been
newly assessed or reassessed and the values
of such taxable properties. (Sec 58, PD 464)
11. The provincial or city treasurer shall, on or
before the thirty first of January each year,
cause notice of the periods during which
real property tax may be paid without
penalty.
12. The notices in their respective jurisdiction
shall be posted at the main entrance of the
provincial building or city hall of all
municipal buildings and in public
conspicuous place in each barrio, and
published in a newspaper and announced by
crier at least three times.
13. The form and detail shall be prescribed by
the Secretary of Finance: Provided,
however, that in lieu of or in addition to
such notice, the Secretary of Finance may
require notification in any province,
municipality , or city to be accomplished
through the mailing of individual tax bills
stating the amount of the annual tax due,
the quarterly installments, its due date, the
delinquency and the applicable penalty.
(Sec. 59, PD 464)
14. Real Property taxes may, in the discretion
of the taxpayer, be paid without penalty in
four installments, xxx except the special
levies authorized under Sections forty seven
and fifty five of this Code which shall be
governed by the local ordinance or
Department Order issued by the Secretary
of Finance, as the case may be.
15. Beginning with calendar year 1978 and
Cont May 20, 1974 thereafter, the President of the Philippines
323
P.D. 464 – “Real Property Tax may, at his discretion or upon
recommendation of the Secretary of
Finance, authorized the grant of discounts
on taxes due on real property at such rates
and for such periods as he may fix, if he
deems that the public interest so requires.
(Sec. 61, PD 464)
324
P.D. 526 – “Supply Management year. (Sec. 19, PD 526)
325
P.D. 921 – “Providing for the Administration of belonging to their respective districts. (Sec.
Local Financial Services in Metropolitan 2, PD 921)
Manila, creating Local Treasury and 3. The power to appoint the Municipal
Assessment Districts therein” Treasurers, Assistant Municipal Treasurer
of the municipalities within the MMA shall
be vested upon the Commissioner for
Finance upon recommendation of the City
Treasurer. (Sec. 3, PD 921)
4. The City Treasurers of MMA shall be
appointed by the President of the
Philippines upon recommendation of the
Secretary of Finance. (Sec. 5, PD 921)
May 16, 1978 The Budget Commission is made responsible
P.D. 1375 – “Transferring to the Budget for the review and evaluation on the annual
Commission the functions of Local principal and supplemental budgets and other
Government Budget Administration” financial statements covering all funds of local
governments, and the review and formulation
of recommendations on resolutions of local
legislative bodies involving appropriation of
local funds. These functions presently
performed by the DOF, are hereby transferred
to the Budget Commission. (Sec. 1, PD 1373)
February 10, 1983 1. The Sangguniang Panlalawigan reviews
Batas Pambansa 337 – “The Local Government municipal ordinances, resolutions and
Code” executive orders. (Sec. 153, BP 337)
2. The Municipal Treasurer is appointed by
the Minister of Finance upon
recommendation of the Municipal Mayor,
takes charges of the municipal treasury
office and acts as the chief financial officer
of the municipality.
3. The City Treasurer is appointed by the
President of the Philippines upon
recommendation of the Minister of Finance,
takes charges of the city treasury office and
acts as the chief financial officer of the city.
(Sec. 181, BP 337)
4. The Assistant City Treasurer is appointed
by the Ministry of Finance upon
recommendation of the City Mayor.
5. The Provincial Treasurer is appointed by
the President of the Philippines upon
recommendation of the Minister of Finance.
6. The Provincial Treasurer takes charge of
the disbursement and accounting of all
provincial funds and other funds the
custody of which may be entrusted to him
by law or other competent authority. (Sec.
212, BP 337)
7. The Assistant Provincial Treasurer is
appointed by the Minister of Finance upon
recommendation of the Provincial
Governor. (Sec. 213, BP 337)
326
January 9, 1990 1. The Metropolitan Authority is constituted
E.O. 392 – “Constituting the Metropolitan to cover the four (4) cities and thirteen (13)
Manila Authority” municipalities comprising the Metropolitan
Area.
2. The Authority is given jurisdiction over the
delivery of basic urban services requiring
coordination in the Metropolitan Manila.
Covered among the basic urban services are
land use, planning and zoning, traffic
management, public safety, urban
development and renewal, an management
control of operations during calamities and
emergencies affecting public welfare and
safety, and sanitation and waste
management. (Sec. 1, EO 392)
3. The authority is governed by the
Metropolitan Manila Council composed of
the Mayors of the four (4) cities and
thirteen (13) municipalities of Metropolitan
Manila. (Sec. 2, EO 392)
4. City and municipal treasurers of the local
government units comprising Metropolitan
Manila continue to collect all revenues and
receipts accruing to the Metropolitan
Manila Commission and remit the same to
the Authority. (Sec. 7, EO 392)
5. All city and municipal treasurers, municipal
assessors, their assistants, and all other
officials whose appointment was vested
upon the Metropolitan Manila Commission
shall be appointed by the President of the
Philippines, upon recommendation of the
Council, subject to the civil service law,
rules and regulations. (Sec. 8, EO 392)
January 1, 1992 1. Major powers, functions and services
R.A. 7160 – “The Local Government Code of therefore exercised by the national
1991” of “LGC” government are devolved to the LGUs.
(Sec. 17, LGC)
2. Provinces are given taxing powers. (Sec.
134, LGC)
3. Rates of levy are expanded and increased.
4. The LGUs sharing in the proceeds of real
property tax is increased.
5. IRA shares of LGUs are increased and the
formula for distribution to the LGUs
revised.
6. The power of review of local tax ordinances
by the Secretary of Finance are removed
and transferred to the Sangguniang
Panlalawigan.
7. The power to appoint local treasurers is
retained by the Secretary of Finance.
327
March 1, 1995 1. The affairs of Metropolitan Manila are to be
R.A. 7924 – “Creating the Metropolitan Manila administered by the Metropolitan Manila
Development Authority” or “MMDA” Development Authority (MMDA), which
replaces the Metro Manila Authority.
(MMA)
2. The MMDA continues to receive the
Internal Revenue Allotment (IRA)
previously allocated to the MMA (Sec.
10(b), RA 7924)
3. The MMDA is likewise empowered to levy
fines, and impose fees and charges for
various services rendered. (Sec. 10©, RA
7924)
4. Five percent of the total gross revenue of
the preceding year, net of the internal
revenue allotment, of each LGU covered
(per Section
328
LTO Annex 2
In case of Magtajas Cagayan De oro vs. Pryce Properties Corp. & PAGCOR 234 SCRA
255, the Supreme Court ruled that an ordinance in order to be valid must conform to the following
substantive requirements.
LGUs not have the Inherent power to tax. The inherent power belongs to the State and is
merely a legislative. As such, tax ordinances must always yield to a legislative act which is
superior, having been enacted been enacted by the State (Bermas, The Revised Philippine
Constitution, Vol. 1 1983 ed. P. 445)
The sanggunian exercises only delegated legislative powers conferred on them by Congress
as the National lawmaking body. As mere agents, LGUs are vested with the power of
subordinate legislation. The delegate cannot be superior to not exercise powers higher than
those of the principal. Local government cannot undo acts of Congress from which they
derived their powers and negate by mere ordinance the mandate of the statute (Magtajas vs.
Pryce)
The constitution is a written instrument agreed upon by the people as the absolute rule of
action and decision for all departments and officers of the government and in the opposition
to which any act or rule of any department or officer of the government, or even of the
people themselves, will altogether be void (Cooley, Constitutional Limitation 3)
Underscoring supplied “It is, in other words the supreme written law of the land” (Bermas,
The 1987 Constitution of the Republic of the Philippines: A Commentary, 1996)
A tax ordinance is fair when it is equitable. It is equitable when it is just, reasonable, and
proportionate to one’s ability to pay. The progressive system of taxation is one good
example of equitable taxation since the increases as the tax base increases. It is oppressive
when it is unreasonably burdensome, unjustly severe, or harsh.
What is being espoused is uniformity of tax application. A tax uniform when it operates
with the same force and effect in every place where the subject of it is sound. The
uniformity rule requires merely a geographical and not intrinsic uniformity. A tax is not
unconstitutional simply because it is not intrinsically equal and uniform in its operation
upon individuals. In other words, the uniformity rule does not prohibit classification for
purposes of taxation (Bernas, The Constitution of the Republic of the Philippines: A
Commentary, 1988). However, the classification must be based upon real and substantial
differences between the persons, property or privileges and those not taxed must bear some
reasonable relation to the object or purpose of legislation or to some governmental policy of
legitimate end of governmental action (See Tomas P. Matic, Taxation in the Philippines,
Vol. 1 pp. 79-80).
In Pepsi Cola vs. Butuan, the Supreme Court ruled that classification is permitted if (1) the
standards used are not arbitrary but reasonable and substantial (2) the classification is
329
germane to achieve the purpose of the legislation, (3) the classification present and future
conditions, other circumstances being equal, and (4) the classification applies equally to all
those belonging to one class;
A provision under Section 133 (e) of the LGC prohibits LGUs from imposing taxes on
goods carried in or out of the municipalities. The rationale is to allow the free flow of
commerce in the country and thus, avoid causing an increase in the prices of commodities
to the of the consuming public (DOF Provincial Circular, Unnumbered, dated 4-17-47 cited
in Ursal, Philippine Law on Taxation, 2000 Ed.)
In the case of Wise & Co. vs. City of Manila, G.R. No. L9957, April 25, 1958, the
Court declared as invalid a tax ordinance requiring the inspection of, and charging of
a fee therefore, meat coming from outside city limits.
In Saldana vs. City of Iloilo, G.R. No. L-10470, September 27, 1957, the Court
declared as a forbidden export tax an inspection fee on every hog, cattle and carabao
transported to other places
The DOF likewise had directed municipal treasurers of Palawan to desist from
charging outgoing fee n the transport of rice and corn from one municipality to
another, (DOF, 3rd Indorsement dated July 7, 1987 to the Provincial Treasurer of
Palawan)
Public policy is defined in Black’s Law Dictionary as “that principle of the law which holds
that no subject can lawfully do that which has a tendency to be injurious or against the
public good.” The term “policy” in turn is defined as “the general principles by which
government is guided in the management of public affairs, or the legislature, in its
measures”.
Thus, since the local councils exercise only delegated legislative powers conferred on them
by Congress as the national lawmaking body, the ordinances they enact must be consistent
with the policies declared by Congress through the measures it enacted, as well as be
reconciled with the national government’s policies manifested through executive orders and
other administrative issuances.
The question of reasonableness of tax rates is open to judicial inquiry, but, much is left to
the discretion of the municipal authorities in setting the tax rates. Courts in fact go slow in
writing off an ordinance as unreasonable unless the amount is so excessive as to be
prohibitive. As a rule, Courts consider the municipal conditions as a whole and the nature of
business made subject to the imposition as factors in determining the reasonableness of tax
330
rates (Victorias Milling Co. Inc. vs. Municipality of Victorias, G.R. No. L-21183,
September 27, 1969)
A tax ordinance, however, does not become oppressive simply because it carries a penal
clause imposing a fine or imprisonment, neither does it become unconstitutional because it
subjects the taxpayers to criminal prosecution for non-payment (Villanueva vs. City of
Iloilo, G.R. No. L-262521, December 28, 1968).
331
LTO Annex 3
The 1992 LGC provides LGUs with powerful resource mobilization tools that can be grouped
into five distinct classes of potential revenue sources. These are:
I. Land-based Tools;
II. Community Activity-based Tools;
III. Infrastructure-based Tools;
IV. Debt-based Tools; and
V. Revenue sharing Tools.
Most of these tools are being effectively used by rapidly growing LGUs in the Philippines,
Thailand and Indonesia.
Under the 1992 LGC, the province, as a political and corporate unit of government serves as a
dynamic mechanism for the “effective governance” and development of component cities and
municipalities within its territorial jurisdiction.
I. Land-Based Tools
These are potential revenue sources that rely on the real property (land and
improvements) resources of LGUs.
A. Basic Real Property Tax (Sec. 232). This is a yearly ad valorem tax on real
property such as land, building, machinery, and other improvements. The
maximum tax is 2% of the assessed value which is a percentage of the fair market
value of real property. The LGC prescribes the graduated schedule of assessment
for agricultural, residential, and other real property classification. LGUs are
required to prepare and update every three years a schedule of fair market values
for all classes of real property.
B. Special Education Fund – SEF Real Property Tax (Sec. 235). This is an
additional yearly ad valorem tax on real property. The amount of tax is 1% of the
assessed value of real property and is collected together with the basic real
property tax.
C. Land Transfer Tax (Sec. 135). This tax is imposed on any mode of transferring
title of ownership of real property from one person to another, such as through
sale, barter or donation. The amount of tax is 75% of 1% of the total consideration
or fair market value, whichever is higher, and is payable within 60 days from the
execution of the deed. Sale or transfer under the Comprehensive Agrarian Reform
Program is exempt from this tax. (Applicable only to cities and provinces).
D. Idle Land Tax (Sec. 236). This is a yearly ad valorem tax on idle land and is in
addition to the basic real property tax and SEF. The maximum amount of tax is
5% of the assessed value of property. Idle lands include agricultural lands more
than one hectare in area, one half of which remains uncultivated or unimproved;
non-agricultural lands more than 1,000 square meters in area, one-half of which
remain unutilized or unimproved; and residential lots in subdivision, regardless of
area. (Applicable only to cities, provinces, and Metro Manila municipalities)
332
E. Public Land Use Tax (Sec. 235a). An LGU may collect real property tax on
government lands which are used for the private benefit of individuals or
corporations. For example, concessionaires or business establishments within
government properties such as the lands of the Air Transportation Office may be
levied real property taxes on government lands they occupy.
F. Land Sale of Foreclosed Real Properties (Sec. 257, 258 and 260). Local taxes,
fees and charges constitute a lien on real properties owned by a taxpayer. An LGU
may foreclose on the properties of delinquent taxpayers and sell these properties
through public auction. In the absence of bidders, or if the bids are not enough to
pay the tax obligation, including interests and penalties, the LGU treasurer will
purchase the property for the LGU.
G. Land Investment. An LGU may acquire and develop land using its ordinary
corporate powers (Sec. 18), though purchase of foreclosed real properties (Sec.
263) or through joint ventures (Sec. 302) with the private sector, or through build-
operate and transfer scheme (BOT). Such investment in land development
provides direct revenues to the LGU in terms of profits upon disposition and also
in terms of enhanced property value and higher property tax base.
H. Land Reclassification (Sec. 20). An LGU may reclassify at most 15% (for highly
urbanized and independent component cities), 10% for component cities and first
to third class municipalities, 5% for fourth to sixth class municipalities of existing
agricultural lands for other uses which are deemed to have greater economic value.
I. Land Development Permit Fee (557 and 558). The regulation of land
development and subdivisions is one of the devolved functions to LGUs. In the
exercise of the functions, LGUs may impose development permit fees, to cover the
cost service in the process of issuance of a permit. Alternatively, LGUs may base
the development permit fee on the financial impact or economic benefits to be
derived from such a permit.
J. Tax on Sand, Gravel and other Quarry Resources (Sec. 138). This is an ad
valorem tax on ordinary stones, sand, gravel, earth and other quarry resources
extracted from public lands or from beds of seas, lakes, rivers, streams, creeks, and
other public waters within an LGU’s territorial jurisdiction. The tax should be no
more than 10% of the fair market value in the locality per cubic meter. (Applicable
only to cities and provinces)
These are potential revenue sources that rely on the flow of economic activity within the
territorial jurisdiction of an LGU.
B. Community Tax (Sec. 156). This is a yearly tax on individuals and juridical
persons. An individual who is at least 18 years old and is gainfully employed or
is engaged in business or occupation or owns real property with assessed value of
at least Php 1,000, pays the community tax to the LGU where he resides. The
333
amount of tax is Php 5 plus Php 1 for every Php 1,000 of income from all sources,
but not exceeding Php 5,000. In the case of husband and wife, the additional tax
is based on their total combined properties and gross income. (Applicable only to
cities and municipalities)
C. Franchise Tax (Sec. 137). This is a yearly tax imposed on a business enjoying a
franchise within the territorial jurisdiction of the LGU. The amount of tax is 75%
of 1% of gross receipts realized within the territorial jurisdiction of the LGU
during the preceding calendar year, payable within the first 20 days of January
and quarterly thereafter. For a newly started business, the amount of tax is 1/20
of 1% of capital investment. (Applicable only to cities and provinces)
D. Tax on Business of Printing and Publication (Sec. 136). This is a yearly tax on
the business of persons engaged in the printing and/or publication of books, cards,
posters, leaflets, handbills, certificates, receipts, pamphlets, and others of similar
nature. The amount of tax is 50% of 1% of the gross annual receipts of the
preceding calendar year. For a newly started business, the amount of tax is 1/20
of 1% of capital investment. (Applicable only to cities and provinces)
E. Professional Tax (Sec. 139). This tax is imposed on the practice of a profession
requiring government examination. The tax is for every profession practiced, i.e.,
a CPA-lawyer who practices both professions must pay for two professions.
Professionals working exclusively for the government are exempt. The amount of
tax is Php 300 per year and may be paid to the LGU where the professional
resides. (Applicable only to cities and provinces)
F. Amusement Tax (Sec. 140). This is a percentage tax on gross receipts from
admissions of amusement places such as movie houses, clubs and other places of
entertainment. The amount of tax should not exceed 30% of gross receipts. The
time, manner, terms and conditions for payment are to be prescribed by
ordinance. (Applicable only to cities and provinces)
G. Annual Fixed Tax on Delivery Trucks or Vans (Sec. 141). This is an annual
fixed tax for every truck, van or any vehicle used by manufacturers, producers,
wholesalers, dealers or retailers in the delivery or distribution of products as may
be determined by the local legislative council to sales outlets or consumers
whether directly or indirectly within the LGU’s jurisdiction in an amount not
exceeding Php 500. (Applicable only to cities and provinces)
H. Fees and Charges (Sec. 147). Municipalities and cities may impose such
reasonable fees and charges on business and occupation except those reserved to
the province under Sec. 139 commensurate with the cost of regulation, inspection
and licensing.
I. Fees for Sealing and Licensing of Weights and Measures (Sec. 148). The local
legislative council may impose may levy reasonable fees for the sealing and
licensing of weights and measures. (Applicable only to cities and municipalities)
J. Fishery Rentals, Fees and Charges (Sec. 149). The local legislative council may
grant fishery privileges within its territorial waters and impose rentals, fees or
charges. (Applicable only to cities and municipalities)
K Service Fees and Charges (Sec. 153). LGUs may impose and collect such
reasonable fees and charges for services rendered.
334
III. Infrastructure-Based Tools
These are potential revenue sources that are based on the “user” or “beneficiary”-pay
principle that is people or entities like corporations should pay for the use of or benefits
derivable from public infrastructure.
These tools are primarily cost recovery mechanisms for infrastructure projects. However,
they can be converted to loan equivalents for purposes of raising credit finance for
infrastructure projects.
A. Special Levy (Sec 250). This is a tax imposed on lands specially benefited by
public works projects which are funded by the local government. Public works
projects which provide benefits to adjacent lands are roads, drainage, power
transmission lines, water distribution lines, telecommunication lines. Benefits
include appreciation in value, increased economic/commercial activities, reduced
maintenance costs of property improvements, etc. The maximum amount of tax to
be generated from a special levy is 60% of the actual project costs, which include
cost of land and other real properties acquired in connection with the project. The
tax liability is allocated among the real properties affected by the project in
proportion to the benefits to be derived. The tax may be paid in yearly installment
over at least 5 years but not more than 10 years.
B. Toll Fees or Charges (Sec. 155). The local legislative body may prescribe the
terms and conditions and fix the rate of toll fees or charges for the use of any
public road, pier, waterway, bridge, ferry, including telecommunication systems
funded and constructed by the local government unit. Toll fees should be
commensurate with the economic benefits derived by users of the facilities.
C. Public Utility Charges (Sec. 155). LGUs may fix the rates for the operation of
public utilities owned, operated and maintained by them within their jurisdiction.
These are tools that allow LGUs to secure debt finance for so-called “income-generating
projects” and to make investments in financial debt instruments like securities – Treasury
bills, commercial papers, and shares of stocks.
A. Debt Financing (Sec. 297-302). LGUs may borrow money directly from the
financial/banking system- commercial or government - or other sources or through
the flotation of bonds in the financial markets to fund development projects. A
LGU may use its real property as collateral for such loans. In addition to loans,
credits, deferred payment schemes, bond and security issues, and other forms of
indebtedness, cities are now allowed to enter into BOT agreements with the private
sector.
B. Financial Investment (Sec 18). LGUs may invest in public or private financial
instruments. Excess or idle funds may generate additional revenues through bank
time deposits.
These are tools based on national government revenues shared with LGUs as provided
for in the 1992 LGC.
335
A. Share in Mining, Fishery, and Forestry Taxes (Sec. 290). In addition to its IRA,
LGUs shall have a 50% share in the gross collection derived by the national
government from the preceding fiscal year from mining taxes, royalties, forestry
and fishery charges, and such other taxes, fees, or charges plus any share that may
accrue to it in any co-production, joint venture or production sharing agreement in
the utilization and development of the national wealth within their territorial
jurisdiction.
2. The share of the LGU is 1% of the gross sales of the preceding year or 50%
of the mining taxes, royalties, forestry and fishery charges, and such other
taxes, fees and charges, including related surcharges, interests, or fines the
government agency or GOCC would have paid if it were not exempt.
336
LTO Annex 4
337
5 Turns over intact all collections to the Liquidating Collector/Teller
Officer (LO) supported by the RCD (all copies) and
duplicate ORs.
338
15 Receives RPT collections and supporting documents Treasurer/Cashier
from the LO(s). Test-checks accuracy and
completeness of remittances by comparing the RCD-
16 LO to the RCDs of collectors/tellers and duplicate
ORs. To insure that all collections and RCDs
submitted by collectors/tellers are included in the
RCD-LO, regularly confirms remittances directly
from the collectors/tellers.
21 After the day’s cut-off time or the next banking day, Treasurer/Cashier
prepares deposit slip in 3 copies and deposits intact
collections to the LGU’s depository bank. The
deposit slip shall be distributed as follows:
Original – Depository Bank
Duplicate – to be attached to the Report of
Collections and Deposits
Triplicate – Treasurer/Cashier file
339
25 Submits 2 copies of the Report of Collections and Treasurer/Cashier
Deposits to the Accounting Unit supported by the
following:
- Duplicate ORs
- Bank-validated Deposit Slip
- RCD of Liquidating Officer (s)
- RCD of Collectors/Tellers
- SCR of Deputized Barangay Treasurer
340
LTO Form 5
CASHBOOK
LGU
Fund: _______________
CASH IN TREASURY
Date Particulars Reference Debit Credit Balance
341
CASH BOOK
(Cash in Treasury)
INSTRUCTIONS
B. The Treasurer shall maintain this record to monitor the cash in treasury balance as of
specific date. All transactions for the day shall be recorded immediately.
C. At the end of each day, the debit and credit shall be ruled and closed. All totals shall be
written legibly in ink and the balances shall be carried forward as opening balances of the
Cash Book for the next day.
D. The difference of the totals of Debit and Credit columns should tie-up with the running
balance column.
342
LTO Form 6
CASHBOOK
LGU
Bank Account No.: Fund: _______________
CASH IN BANK
Date Particulars Reference Debit Credit Balance
343
CASH BOOK
(Cash in Bank)
INSTRUCTIONS
E. The Treasurer shall maintain this record to monitor the cash in bank balance as of specific
date. All transactions for the day shall be recorded immediately.
F. At the end of each day, the debit and credit shall be ruled and closed. All totals shall be
written legibly in ink and the balances shall be carried forward as opening balances of the
Cash Book for the next day.
G. The difference of the totals of Debit and Credit columns should tie-up with the running
balance column.
344
LTO Form 7
CASHBOOK
LGU
Disbursing Officer: Fund: _______________
CASH ADVANCES
Date Particulars Reference Debit Credit Balance
345
CASH BOOK
(Cash Advances)
INSTRUCTIONS
B. The Treasurer shall maintain this record to monitor the cash advances balance as of specific
date. All transactions for the day shall be recorded immediately.
C. At the end of each day, the debit and credit shall be ruled and closed. All totals shall be
written legibly in ink and the balances shall be carried forward as opening balances of the
Cash Book for the next day.
D. The difference of the totals of Debit and Credit columns should tie-up with the running
balance column.
346
LTO Form 8
Collections Unremitted
Collections
Remitted to Collections
Date Particulars Reference Received
Cashier/Treasurer (Balance on
(DR)
(CR) Hand
347
CASHBOOK – LIQUIDATING OFFICER
INSTRUCTIONS
348
LTO Form 9
CASHBOOK-TELLER/COLLECTOR
_________________________________________
LGU
Collections Unremitted
Collections
Remitted to Collections
Date Particulars Reference Received
Liquidating Officer (Balance on
(DR)
(CR) Hand
349
CASH BOOK – TELLER/COLLECTOR
INSTRUCTIONS
350
LTO Form 10
CERTIFICATION:
I hereby certify that the foregoing is a true statement of all accountable forms received, issued and transferred by me
during the period above-stated and the correctness of the beginning balances.
351
REPORT OF ACCOUNTABILITY FOR ACCOUNTABLE FORMS (RAAF)
INSTRUCTIONS
Original - Treasurer
2nd copy - Accountable Officer’s file
C. Treasurers, collectors/tellers and other accountable officers shall render this report of
accountability for accountable forms at the end of each month for consolidation by the local
treasurer.
352
LTO Form 11
LGU
Month of ____________________ 20 _____
Treasurer: Designation: _______________________ Report No.:
Certified Correct:
Treasurer Date
353
CONSOLIDATED REPORT OF ACCOUNTABILITY FOR ACCOUNTABLE FORMS
(CRAAF)
INSTRUCTIONS
C. The Treasurer shall render this report to consolidate the Report of Accountability for Accountable
Forms
D. This consolidated report shall be accompanied by the RAAF of all accountable officers which
shall be submitted to the auditor not later than the fifth day of the ensuing month
354
LTO Form 12
Page 1 of 2
Fund: Date:
Name of Accountable Officer: Report No.:
A. COLLECTIONS
1. For Collectors
B. REMITTANCES/DEPOSITS
Accountable Officer/Bank Reference Amount
355
page 2 of 2
List of Checks :
Beginning Balance ___________ 20 ___ P xxx Check No. Payee Amount
Add: Collections
Cash xxx
Check/s xxx xxx
Total xxx
Less: Remittance/Deposit to Cashier/
Treasurer/Depository Bank xxx
Balance P xxx
NOTE: Use additional sheet if necessary.
356
REPORT OF COLLECTIONS AND DEPOSITS (RCD)
INSTRUCTIONS
B. This report shall be prepared in four (4) copies and to be distributed as follows:
357
Original – COA thru the Accounting Division together with the duplicate copy of the
OR
2nd Copy – Treasurer's file
3rd Copy – Liquidating Officer’s file
4th Copy – Collector’s file
C. Collections for the day should be deposited intact daily. The balance of collections not
deposited during the day due to cut-off should be deposited in the next working day.
358
LTO Annex 13
Process Flow on LGU Receipts, Collections and Deposits
Area of
Responsibility/Person Seq. Activity
Responsible
359
LTO Form 14
Exhibit 1
Statement of Receipts and Expenditures
1 Province/City/Municipality
2 Period Covered Population:
Inc o m e % o f G e ne ra l
T a rge t / Ge ne ral Total + SEF to
Particular B udge t
SEF T o tal
Fund (C + D)
3 A ppro . Inc o m e *
4 A B C D E F
5 LOCAL SOURCES (6+10)
6 TAX REVENUE (7+8+9)
7 Real Property Tax
8 Tax on Business
9 Other Taxes
10 NON-TAX REVENUE (11+12+13+14)
11 Regulatory Fees (Permit and Licenses)
12 Service/User Charges (Service Income)
Certified Correct:
Provincial/City/Municipal Treasurer
360
Exhibit 1-a
Item
No. Field Instructions Source
1 Province/City/ Indicate the name of Local Government LGU
Municipality Unit.
2 Period Indicate the period covered by the report LGU
(i.e., January 1 to March 31 for the First
Quarter Report, January 1 to June 30 for the
Second Quarter Report; etc.)
3 Population The LGU population based on the official BLGF - CO
record of the National Statistic Office
(NSO) is provided by the system.
4-B Income The amount is based on the annual budget Budget
Target/Budget approved by the Sanggunian. This column Office
Appropriation can be used to determine the projected cash Approved
Column flow based on the approved budget. Budget
4-C General Fund These are actual receipts and expenditures SRS Actual
Column lifted from the Statement of Receipt Column and
Sources (SRS) and Statement of SOE Actual
Expenditures (SOE) for the General Fund Expenditures
Column
4-D SEF Column They are receipts and expenditures lifted
from the Statement of Receipt Sources and
Statement of Expenditures (SOE)
appropriate to the Special Education Fund
(SEF)
4-E Total Sum of General Fund and SEF
4-F % of General + Sum of General Fund and SEF divided by
SEF to Total Total. The sum determines the % of each
Column income or expenditure category in relation
to the total.
5 Local Sources Sum of Tax Revenue and Non-Tax Revenue
6 Tax Revenue Sub-total of Real Property Tax, Tax on
Business and Other Taxes.
7 Real Property The amount should be lifted from the SRS SRS
8 Tax on Business The amount should be lifted from SRS SRS
9 Other Taxes The amount should be lifted from SRS SRS
10 Non-Tax Revenue Sum of Regulatory fees, Service/User
Charges, Income from Economic Enterprise
and Other Receipts
11 Regulatory Fees The amount should be lifted from SRS SRS
12 Service/User The amount should be lifted from SRS SRS
361
13 Income from The amount should be lifted from SRS. SRS
Economic
Enterprises
14 Other Receipts The amount should be lifted from SRS SRS
15 External Sources Sum of Internal Revenue, Shares from
Other National Tax Collections, Inter-Local
Transfer and Extraordinary
Receipts/Grants/ Aids/Donations
16 Internal Revenue The amount should be lifted from SRS SRS
Allotment
17 Shares from Other The amount should be lifted from SRS SRS
National Tax
Collections
18 Inter-Local The amount should be lifted from SRS SRS
Transfer
19 Extraordinary The amount should be lifted from SRS SRS
Receipts/Grants/
Aids/Donations
20 Total Current Sum of Local Sources and External Sources
Operating Income
22 General Public The amount should be lifted from the SOE
Service General Public Services sub total of the
Statement of Expenditures (SOE)
23 Department of The amount should be lifted from the SOE
Education Department of Education sub-total of the
SOE
24 Health, Nutrition The amount should be lifted from Health, SOE
& Population Nutrition & Population Control sub-total of
Control the SOE
25 Labor and The amount should be lifted from the Labor SOE
Employment and Employment sub-total of the SOE
26 Housing and The amount should be lifted from the SOE
Community Housing & Community Development sub-
Development total of the SOE
27 Social Services The amount should be lifted from the Social SOE
and Welfare Services and Welfare sub-total of the SOE
28 Economic The amount should be lifted from Economic SOE
Services Services sub-total of the SOE
29 Debt Service The amount should be lifted from Debt SOE
Service sub-total of the SOE
30 Other Services The amount should be lifted from Other SOE
Services SOE
362
31 Total Current Sum of General Public Service, Department --
Operating of Education, Health, Nutrition &
Expenditures Population Control, Labor and
Employment, Housing and Community
Development, Social Services and Welfare,
Economic Services, Debt Service and Other
Services.
32 Net Operating The difference between Total Current
Income (Loss) Operating Income and Total Current
from Current Operating Expenditures.
Operation
34 Capital/ Sub-total of Receipts from Sale of Property,
Investment Plant and Equipment, Receipt from Sale of
Receipts Debt Securities of Other Entities, and
Collection of Principal on Loans to Other
Entities
35 Proceeds from The amount should be lifted from SRS SRS
Sale of Property,
Plant and
Equipment
36 Proceeds from The amount should be lifted from SRS SRS
Sale of Debt
Securities of
Other Entities
37 Collection of The amount should be lifted from SRS SRS
Loans
Receivables
38 Receipts from Sub-total of Acquisition of Loans and
Loans and Issuance of Bonds
Borrowings
39 Acquisition of The amount should be lifted from SRS SRS
Loans
40 Issuance of Bonds The amount should be lifted from SRS SRS
41 Total Non- Sum of Capital/Investment Receipts and
Income Receipts Receipts from Loans and Borrowings
43 Capital/ Sub-total of Purchase/Construct of
Investment Property, Plant and Equipment (Capital
Expenditures Outlay expenditures), Purchase of Debt
Securities of Other Entities, and
Grant/Make Loan to Other Entities
44 Purchase/ Capital Outlay expenditures – The amount SOE
Construct of should be lifted from SOE
Property, Plant
and Equipment
45 Purchase of Debt The amount should be lifted from SOE SOE
Securities of
363
47 Debt Service Sub-total of Payment of Loan Amortization
and Retirement/Redemption of Bond/Debt
Securities
48 Payment of Loan The amount should be lifted from SOE SOE
Amortization
(Principal)
49 Retirement/Rede The amount should be lifted from SOE SOE
mption of
Bond/Debt
Securities
364
LTO Form 15
Distribution of Receipts
Undeposited/
Date Remittance Clearance Business
Particulars Ref. Receipts Deposits Unremitted Garbage Rent Misc. OTHERS (See List at the Back)
C/MT Collection IRA RPT Market Fees & Cert. Permit
Fees Income Income
Fees Fee Account Classification Amount
Certification:
I hereby certify to the correctness of the above data. Recordings are based on the certified SCDs supported
with duplicate ORs and VDS submitted by the BT, CMs, and bank statements which are all in my file.
365
CASH RECEIPTS AND DEPOSITS REGISTER
INSTRUCTIONS
366
LTO Form 16
Certification: Acknowledgement:
I hereby certify to the correctness of the above data. Recording This is to acknowledge that I have received from BT the CHBReg
is based on the SCDs, SCkIs, Debit/Credit Memos and Bank supported with SCDs, SCkIs, Credit/Debit Memos and Bank Statements
Statement received which are all submitted to the BRK. together with all the supporting documents.
367
CASH ON HAND AND IN BANK REGISTER
INSTRUCTIONS
368
LTO Form 17
REPORT OF ACCOUNTABILITY FOR ACCOUNTABLE FORMS
For the period ______________________________
369
REPORT ON ACCOUNTABILITY FOR ACCOUNTABLE FORMS
INSTRUCTIONS
370
LTO Form 18
371
CONSOLIDATED REPORT OF ACCOUNTABILITY FOR
ACCOUNTABILITY FORMS
INSTRUCTIONS
372
LTO Form 19
Date
OR/VDS/SCR No. Payor/Bank Particulars Barangay As deputized by City/Municipality
Collections Deposit Balance Collection Remittance Balance
Certification: Acknowledgment:
I hereby certify that the foregoing is the complete and correct I hereby acknowledge to have received the SCD
records of all my collections and deposits from _______ to _____, complete with the duplicate copies of the ORs issued,
2007. The duplicate copies of the ORs issued, SCRs and the SCRs and the VDS covering deposits as reported.
originals of the VDS are hereto attached.
_____________ _________________
Barangay Treasurer Barangay Record Keeper
373
SUMMARY OF COLLECTIONS AND DEPOSITS
INSTRUCTIONS
A. This form shall be 7. Particulars – brief
accomplished as follows: description of the
transaction
1. Period – the covering period 8. Barangay – amounts of
of the report collections, deposits and
2. SCD No. – the SCD shall be balance for the barangay
numbered as follows: Collections –
amount received
00 00 0000 Deposits –
Serial number amount deposited as
(one series per year ) evidence by VDS
Month of Issue
Year of Issue Balance –
3. Page – where the page collections less deposits
number is indicated. In case 9. As deputized by
more than one sheet is used City/Municipality –
for the week, the first page amounts of collections,
shall be numbered 1 of 3 remittances and balance
and the next page is page 2 of funds held by the BT
of 2 to fully account all the Collecions – amount
sheets used. received
4. Date – date of the receipt of Remittances –
the collections/deposits amounts remitted to
5. Reference – The source City/Municipal
documents shall support the Treasurer
entries to be made Balance – collections
OR No. – serial less remittances
number of the OR 10. Certification – to be
issued including signed by the Barangay
the cancelled ones. Treasurer
For collections of 11. Acknowledgement – to be
DBT or DBC, Ors signed by the BA\arangay
shall be shown in Record Keeper
batch. B. The daily sub-total of he SCD
VDS No. – number shall be recorded in the CHBReg
of the validated by the BT and the weekly total in
deposit slip the CRDReg by the BRK
SCR No. – number
of the SCR C. This report shall be prepared in
6. Payor/Bank – name of the three copies to be distributed as
payor or name of DBC and follows:
the Bank. For collections of Original – City/Municipal
DBT or DBC, “Various” Accountant
shall be used. 2nd copy – BRK
3rd copy – BT
D. Any undeposited amount shall
be forwarded to the balance
column of the following weekly’s
summary.
374
LTO Form 20
Summary of Collections and Remittances-BT
_________________________
Date
Certification: Acknowledgment:
I hereby certify that the foregoing is the complete I hereby acknowledge receipt of the certified SCR
and correct record of all my collections for Jan. _______. complete with duplicate copies of the ORs and the
Duplicate copies of ORs and the remittance of ________ remittances of ______________________________
are hereto attached. ___________ (P________).
____________ _________
Barangay Treasurer Date City/Municipal Treasurer Date
375
SUMMARY OF COLLECTIONS AND REMITTANCES-BT
INSTRUCTIONS
A. This form shall be
accomplished as follows:
00 00 0000
Serial number
(one series per year )
Month of Issue
Year of Issue
2. Page – the page number per
sheet
3. Date – date of receipt of
collections/remittances
4. OR No. – no. of
OR/CTC/RPTR issued
including cancelled ones.
For collections of DBC,
Ors, shall be shown in
batch.
5. Payor – name of the payor.
For collections of DBC,
“Various” shall be used
6. Nature of Collections –
amount collected by nature
of collections
7. Amount – total amount
collected
8. Certification – to be signed
by the BT
9. Acknowledgement – to be
signed by the
City/Municipal Treasurer
B. This summary shall be prepared
daily in three copies to be distributed
as follows:
Original – City/Municipal
Accountant
2nd copy – BRK
3rd copy – BT
376
LTO Form 21
Certification: Acknowledgment:
I hereby certify that the foregoing is the complete I hereby acknowledge receipt of the
and correct record of all my collections for ________ SCR complete with the remittances of
The remittances of P______ are hereto attached. _____________________ ( P ).
377
SUMMARY OF COLLECTIONS AND REMITTANCES -DBC
INSTRUCTIONS
A. This form shall be
accomplished as follows:
1. SCR No. – the SCR shall be
numbered as follows:
00 00 0000
Serial number
(one series per year )
Month of Issue
Year of Issue
2. Page – the page number per
sheet
3. Date – date of receipt of
collections/remittances
4. Ticket Series – the inclusive
series of the ticket issued
5. Qty. – quantity of ticket
issued based on the
inclusive serial number
6. Denomination – the face
value of the ticket
7. Payor – name of the payor.
For accountable forms
entered in batches, the term
various shall be used
8. Nature of collections – brief
description of the nature of
collections
9. Amount – total amount
collected
10. Certification – to be
signed by the DBC
11. Acknowledgement – to
be signed by the BT
B. This summary shall be prepared
in three copies to be distributed as
follows:
Original – BT
2nd copy – BRK
3rd copy – DBC
378
LTO Annex 22
2 Prepares the OR
Note 1. The OR shall be prepared in three copies to be distributed as
follows:
Original – Payor
2nd copy – Barangay Record Keeper (BRK) to support the SCD
3rd copy – BT (retained in the booklet)
Barangay Record 9 Records the ORs issued including the cancelled ones in correct
Keeper numerical sequence in the SCD. Records the deposits based on
the Validated Deposits Slips.
Note 1. The SCD shall be prepared in three copies to be distributed as
follows:
Original – City/Municipality Accountant
2nd Copy – Barangay Bookkeeper
3rd Copy – Barangay Treasurer
379
Area of
Responsibility/Perso Seq. Activity
n Responsible
Barangay Record 13 Forwards three copies of the Summary of Collections and
Keeper Deposits to the Barangay Bookkeeper together with the
duplicate copies of the ORs Validated Deposits Slips and
Summary of Collections and Remmitances.
21 At month end, totals, balances and rules all the columns of the
Register. Recapitulates all the entries in the “Others” column.
380
LTO Annex 23
Process Flow on the Receipt and Recording of Collections By Deputized Barangay Collectors
Area of
Responsibility/Perso Seq. Activity
n Responsible
Deputized Barangay A Collections
Collector 1 Receives the accountable forms from the Barangay Treasurer to
be used/issued to acknowledge collections.
B Remittance of Collections
4 Remits collections together with three copies of duly certified
Summary of Collections and Remittance to the Barangay
Treasurer
Deputized Barangay 9 Receives the 3rd copy of the Summary of Collections and
Collector Remittances for his file
381
Area of
Responsibility/Person Seq. Activity
Responsible
Deputized Barangay 10 Records the accountable forms issued in batches (showing the
Collector denomination, quantity and sold and total amount collected)
Note 1. The Summary of Collections and Remittances shall be prepared in
three copies to be distributed as follows:
Original – Barangay Bookkeeper
2nd Copy – Barangay Treasurer
3rd copy – Deputized Barangay Collector
Deputized Barangay 18 Receives the 3rd copy of the Summary of Collections and
Collector Remittances and files
382
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay Treasurer 20 Deposits collections intact with the depository bank daily or not
later than the following banking day
Barangay Record 28 Receives the Summary of Collections and Deposits and checks
Keeper supporting documents. Returns the 3rd copy to the BT and
retains the original (for City/Municipal Accountant) and 2 nd
copy for file
383
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay Record 35 At month end, totals, balances and rules all the columns of the
Keeper Register. Recapitulates all the entries in the “Others” column.
384
LTO Annex 24
Process Flow on the Receipt and Recording of Collections By Barangay Treasurer as Deputized
by the City/Municipal Treasurer
Area of
Responsibility/Person Seq. Activity
Responsible
A Collections
Barangay Treasurer 1 Receives the accountable forms from City/Municipal Treasurer
to be used/issued to acknowledge collections
B Remittance of Collections
5 Remits the collections to the City/Municipal Treasurer together
with the three copies of the certified Summary of Collections
and Remittances supported by the duplicate copies of the Real
Property Tax Receipt/Community Tax Certificate
385
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay Treasurer 11 Records daily collections in the Summary of Collections and
Remittances based on ORs, Community Tax Certificates and
Real Property Tax Certificates issued in correct numerical
sequence including cancelled ones.
Note 1. The Summary of Collections and Remittances shall be prepared in
three copies to be distributed as follows
Original – City/Municipal Treasurer
2nd copy – Barangay Record keeper
3rd copy – Barangay Treasurer
Barangay Record 22 Receives the SCD and checks supporting documents. Returns
Keeper the 3rd copy to the BT and retains the original (for
City/Municipal Accountant) and 2nd copy for file
386
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay Record 23 Retrieves the Summary of Collections and Deposits (SCD)
Keeper from file
29 At month end, totals, balances and rules all the columns of the
Register. Recapitulates all the entries in the “Others” column.
30 Certifies the Cash Receipts and Deposits Register. Submits the
original together with the Summary of Collections and
Deposits to City/Municipal Accountant and keeps the 2nd copy
for file.
387
LTO Annex 25
Process Flow on the Receipt and Recording of Bank Debit/Credit Memo and Bank Statement
Area of
Responsibility/Person Seq. Activity
Responsible
A Receipt of Debit/Credit Memo
Barangay Treasurer 1 Receives the Credit Memo on the receipt of Internal Revenue
Allotment/Real Property Tax due the barangay
Note 3. The difference between the totals of the deposits, credit memo and
interest earned plus the beginning balance less checks/Debit Memo and
withholding taxes shall equal the “Balance” in the “Cash in Bank” section.
388
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay Treasurer Note 4. The Cash on Hand and in Bank Register shall be prepared in three
copies to be distributed as follows:
Original – City/Municipality Accountant
2nd copy – Barangay Treasurer
3rd copy – Barangay Record Keeper
Barangay Record Examines the Credit Memo and Bank Statement attached to it.
Keeper Acknowledges the receipt of the Credit Memo and Bank
Statement.
389
LTO Annex 26
Republic of the Philippines
Province/City/Municipality of _____________________
Office of the Provincial/City/Municipal Treasurer
LETTER OF AUTHORITY/APPOINTMENT
No. ____________
__________, 20_____
________________________
________________________
________________________
Sir/Madam/Gentlemen:
Pursuant to Section 171 of RA No. 7160, otherwise known as the Local Government Code
of 1991, which has for its purpose the enforcement and collection of taxes, fees and charges
authorized thereunder, please be advised that the bearers hereof, from this office and as deputies
thereof, are hereby authorized to examine your books of accounts and other pertinent records of
your business , to verify, assess and collect the true and correct amount of tax or taxes, fees and
charges due from you during the period from ____________________________, to
_________________, 19___________.
As provided for in Section 171 of this Code cited above, the examination of your books of
accounts and other pertinent records shall be made during regular business hours not oftener than
once a year.
The examination made pursuant hereto shall be certified to by the above named deputies
and such certification shall be made of record in your books of accounts.
_____________________________
Provincial/City/Municipal Treasurer
___________________________
__________________________
___________________________
_____________________ ___________________
Position/Designation Telephone No.
Republic of the Philippines
390
Province/City/Municipality of _____________________
Office of the Provincial/City/Municipal Treasurer
DOCUMENTS TO BE EXAMINED
Sir/Madam::
Pursuant to Letter of Authority attached hereto, please prepare the following pertinent
business records of your establishment/company, viz:
1. Business Permit _______to________ (Xerox)
2. Business License Receipts _______to____ (Xerox)
3. Latest Letter of Authority and Letter of Confirmation (proof of examination) issued.
4. Audited Financial Statement _____to_______ (Xerox)
5. Books of Accounts _____to______
6. Purchases, Sales and Delivery Invoices
7. Value Added Tax (VAT), Percentage, Excise or Quarterly payments to Bureau of
Internal Revenue (BIR) (Xerox)
8. Business Permit and Taxes paid in other cities or municipalities if the
establishment/company has branches outside Quezon City (Xerox)
9. Schedule of Gross Sales/Receipts for every branch duly certified by an authorized
official or representative of the establishment/company
10. Articles of Incorporation/Partnership
11. Contract of Lease (if place of business is rented)
12. List of employees submitted to Social Security System (SSS)
13. Letter of Credit/Bill of Lading (for importers & exporters)
14. POEA license, Deployment reports (for manpower agencies)
15. DOT Accreditation (for tourist oriented and related business)
16. Contract of Agreement on Projects (for general building and engineering contractors)
17. Community Tax Certificate ________ (Xerox)
Provincial/City/Municipal Treasurer
Revenue Examiner
391
LTO Form 27
Republic of the Philippines
Province/City/Municipality of _____________________
Office of the Provincial/City/Municipal Treasurer
PAYMENTS
Kind of Business Official Annual/Semi Date of
Taxes/Fees/Charges Receipt No. Amount Paid Annual/Quarterly Issue
REMARKS
_______________________________________________________________________
________________________________________________________________________
______________________________________________________________________
CERTIFIED CORRECT:
____________________________________
____________________ ________________
____________________________________
Names and Signatures of Examination Team
392
LTO Form 28
Republic of the Philippines
Province/City/Municipality of___________________________________
Office of the Provincial/City/Municipal Treasurer
Particulars Actual Sales Declared Sales Year Tax Due Tax Paid Difference Surcharge Interest
Findings and Recommendations We have examined, reviewed and evaluated the foregoing
__________________________________________________ accomplished data and assessment form concurs with the
__________________________________________________ findings and recommendations of the deputy
__________________________________________________
__________________________________________________
_________________ _________________
Revenue Examiner Sr. Revenue Examiner Approved by:
_______________________
393
LTO Form 29
____________
_____________________
_____________________
Sir:
Please be advised that the report of my deputy MR. _________________ has been submitted to
this office pursuant to Letter of Authority No. ___________ dated ___________, as a result of his
examination, you are hereby requested to pay the amount of Php __________ representing
additional business tax including surcharges and penalties for the years ___________.
To avoid the inconveniences of a legal action to enforce payment of your deficiency, it is hereby
required that you pay it within five (5) days from your receipt hereof.
_____________________
Provincial/City/Municipal Treasurer
394
LTO Form 30
__________________
SECOND NOTICE
_____________________
_____________________
_____________________
Sir/Madam:
Records show that you failed to settle the remaining deficiencies discovered during the
examination of your books pursuant to Letter of Authority No.________ dated ________.
As per our computation your are hereby requested to pay the amount of Php _______
covering the period of ____________.
Your are hereby required to pay the aforesaid amount within three (3) days from receipt
hereof. Your failure to do so will constrain us to cause the institution of appropriate legal action
against you.
Provincial/City/Municipal
Treasurer
395
LTO Form 31
Republic of the Philippines
Province/City/Municipality of ___________
Office of the Provincial/City/Municipal Treasurer
__________________
FINAL NOTICE
_____________________
_____________________
_____________________
Sir/Madam:
Records show that a Notice of Assessment in the amount of Php _________ was issued by
this Office, which was duly received by your company on ________. However, in spite of these
notices, no reply or attempt to settle this obligation was made by your company.
Pursuant to Section 195 of the Local Government Code of 1991, x x x. Within sixty (60)
days from the receipt of the Notice of Assessment, the taxpayer may file a written protest with the
local treasurer contesting the assessment, otherwise the assessment shall become final and
executory x x x”.
In view of the foregoing and it appearing that the sixty (60) day period within which to
protest the tax assessment has already prescribed, the subject assessment becomes final and
executory and therefore, the immediate settlement of your tax obligation is requested, otherwise,
this Office will be constrained to cancel your Mayor’s Permit or effect the civil remedies provided
for under Section 174 of the Code by enforcing the collection thru distraint and levy or by judicial
action.
Provincial/City/Municipal
Treasurer
396
LTO Form 32
__________________
The President
_____________________
_____________________
Subject : Tax Deficiency Discovered During Examination of your Books Pursuant to Letter of
Authority No. ________________
Amount : PHP ______________
Year : ___________________
Gentlemen/Madam:
Despite several notices served and duly receipted on your business establishment and the
considerable length of time that had lapsed, we have not been favored with your reply.
In this connection, we would like to inform you that we are giving you the LAST
OPPURTUNITY to make the necessary settlement of your business tax liabilities within five (5)
days from receipt of this NOTICE.
Pursuant to Section 195 of the Local Government Code of 1991, “ x x x. Within sixty (60)
days from the receipt of the Notice of Assessment, the taxpayer may file a written protest with the
local treasurer contesting the assessment; otherwise, the assessment shall become final and
executory. X x x”.
In view of the foregoing, and it appearing that the sixty (6) day period within which to
protest the tax assessment has already prescribed, the subject assessment becomes final and
executory and therefore, the immediate settlement of your tax obligation is requested, otherwise,
this Office will be constrained to cancel your Mayor’s Permit or effect the civil remedies provided
for under Section 174 of the Code by enforcing thru distraint and levy or by judicial action
Provincial/City/MunicipalTreasurer
397
LTO Form 33
__________________
_____________________
_____________________
_____________________
Sir/Madam:
Records that you failed to present for examination your books of accounts and other
pertinent documents notwithstanding service to you or LETTER OF AUTHORITY No ____ on
_____ and repeated demands thereof in violation of Section 220 of the Revenue Code of
_______.
You are hereby given three (3) days from receipts hereof to present for examination your
books of accounts and other pertinent documents to this Office during office hours. Your failure
to do so will constrain this office to resort to the legal remedies provided by law, including action
for the revocation of your business permit to effect the desired examination.
Provincial/City/Municipal Treasurer
398
LTO Form 34
__________________
_____________________
_____________________
_____________________
Sir/Madam:
Records show that you failed to present for examination your books of accounts and other
pertinent documents notwithstanding service to you of LETTER OF AUTHORITY NO. _______
on ______________ and repeated demands thereof in violation of Section 220 of the Revenue
Code of ______________.
You are hereby given three (3) days from receipts hereof to present for examination your
books of accounts and other pertinent documents to this Office during officer hours. Your failure
to do so will constrain this office to resort to the legal remedies provided by law, including action
for the revocation of your business permit to effect the desired examination.
Provincial/City/Municipal Treasurer
399
LTO Form 35
__________________
LETTER OF CONFIRMATION
_____________________
_____________________
_____________________
Sir/Madam/Gentlemen:
Provincial/City/Municipal Treasurer
400
LTO Form 36
Republic of the Philippines
Province/City/Municipality of ___________
Office of the Provincial/City/Municipal Treasurer
CERTIFICATE OF CONFIRMATION
A similar certification has been made in the books of same business on _________, 20__.
_____________________________ ________________________
Examining Deputy Examining Deputy
I.D. No._____ I.D. No. ______
_________________________________
Supervisor/In Charge
NOTE:
This is not a collection notice. This is simply an evidence that the business indicated
above has been inspected pursuant to Section 171 of R.A. 7160. Should there be any tax due as a
consequence hereof, the owner/operator of the business will be advised in writing accordingly.
Original Received:
_________________
401
LTO Form 37
Republic of the Philippines
Province/City/Municipality of ___________
Office of the Provincial/City/Municipal Treasurer
CERTIFICATE OF EXAMINATION
____________________
Date
This is to certify that according to the records , the books of accounts and other pertinent records
for the year ________ of _____________________________ located at
______________________________ have been examined by the Examination Team from this
Office whose signatures appear at the lower left hand corner hereof under Authority No.
________ dated ________________. It is further certified that the gross
sales/receipts of the above-named establishment for Calendar Year _________ had been
determined by virtue of this examination.
This certificate is issued to confirm the authenticity of the gross sales/receipts mentioned above in
the total amount of P ________________ which shall be the basis in the computation of the taxes,
fees and other charges due from ______________________
for the current year.
__________________________________
Provincial/City/Municipal Treasurer
Examined by:
____________________________
____________________________
____________________________
Examination Team
402
LTO Form 38
___________________________
___________________________
___________________________
S i r:
After an examination of your books of accounts and other pertinent documents for the year
__________ and a verification of your business tax payments by the examination Team duly
deputized by this Office, it has been found out that you have a business tax deficiency in the
amount of P _____________ including surcharges, interests and penalties, as shown on the
assessment sheet hereto attached.
In view hereof, you are requested to pay the amount abovementioned within three (3) days from
receipt hereof in order that a CERTIFICATE OF EXAMINATION may be issued to consider this
matter settled and closed.
_________________________________
Provincial/City/Municipal Treasurer
NOTE: Certificate of Examination will be required in the renewal of your business permit for
the calendar year __________
403
LTO Form 39
FINAL DEMAND
License Case No. _________
________________________________
________________________________
________________________________
A review of our records showed that you have neither replied to, nor paid the amount indicated in
our assessment notice to you dated __________________________.
We give you again below the itemized statement of the amount due as assessed by our deputies
who inspected your business establishment.
Please give this matter your preferential attention because if we do not hear from you within three
(3) days from your receipt of this letter, we shall have to elevate your case to the Office of the
Mayor with our recommendation for the institution of such legal action as may lie against you.
_____________________________
Provincial/City/Municipal. Treasurer
404
LTO Form 40
Payee
Office
Address
Responsibility Account
Particulars FPP Amount
Center Code
Total -
A. Certified B. Certified
Charges to appropriation/allotment necessary, lawful Allotment available and obligated for the purpose
and under my direct supervision as indicated above
Signature Signature
Position Position
Date Date
405
OBLIGATION REQUEST
INSTRUCTIONS
The certifying officer shall affix his signature, print his name, indicate his
position, and the date of his signing on the space provided.
11. Certified (Box B) – Certification by the Head of the Budget Unit or his
authorized representative on the existence of available appropriation
The certifying officer shall affix his signature, print his name, indicate his
position, and the date of his signing on the space provided.
406
LTO Annex 41
d) Salaries of Persons Employed on Contract Basis (COA Cir. 81-155, Feb. 23, 1981)
Contract of services duly noted by DBM and CSC
Evidence of Service rendered/Daily Time Record
407
g) Salary Accruing Pending Suspension (Sec. 220 GAAM I)
Certified true copy of exoneration or of court’s order dismissing the criminal case
against the employee or absolving him; or Certified True Copy of authority
granted by the department head for payment of salary during suspension; or
Certified true copy of the President’s order of suspension providing for payment of
salary during suspension.
c) Maternity Leave
Approved application for leave, accompanied by a medical certificate showing that
the married woman is on the family way and nearing delivery, or Medical
Certificate showing actual child delivery or natural abortion not covered by
illegitimate union or immortality, if leave applied for its submitted after delivery or
abortion
Marriage Certificate for first maternity leave claim
Certificate of clearance from money and property accountability (Sec. 235 GAAM
I)
Married women in the government service who have rendered two years or more of
continuous service shall be entitled to maternity leave of 60 days with full pay. For those
who have rendered less than two (2) years of government service at the time of the
enjoyment of maternity leave, the computation of their maternity leave shall be
proportionate to their length of service (Sec. 17 Rule XVI Omnibus Rules Implementing
Book V of EO No. 292)
When an employee wants to report back to duty before the expiration of her maternity
leave, she may be allowed to do so without refunding the commuted money value of the
unexpired portion of her maternity leave and she shall be paid the corresponding salary for
the service rendered
The foregoing provision shall be subject to a certification of a physician that the subject
employee is physically fit for work (Sec. 14 Rule XVI Omnibus Rules Implementing
Book V of EO 292)
408
Duly approved application for monetization of leave credits. However, no inclusive
dates shall be indicated except the number of days applied for
Certification/Statement showing the balance of leave standing for the credit of
employee , which shall not be less than 15 days
Meal allowance in kind at P 20.00 per meal may be granted to officials and employees
who have rendered at least three (3) hours of overtime service before mealtime. However,
availment of the meal allowance in kind herein authorized shall constitute a bar from
collecting the overtime compensation authorized (Sec. 282, GAAM Vo. II)
409
Intermediate positions and created in between the above enumerated positions and
inasmuch as these positions involve coordinative and integrative functions and in
some cases exercising general supervision over the line divisions and units (Sec.
284 GAAM I)
j) Honorarium
Authority to collect honorarium
Certification of service rendered
Copy of contract, if any, between the agency and the personnel if latter is not an
employee of the agency
Accomplishment report
k) Subsistence Allowance
Subsistence allowance shall mean all allowance for meal or subsistence for an official or
employee who, by the nature of his duties and responsibilities has to make his services
available in his place of work even during mealtime. (Sec. 243 GAAM Vol. II)
In all cases, officials and employees who are on maternity leave, sick or vacation leave,
whether with or without pay, or on full time or part time detail with another organizational
unit of same agency, another agency or special project, or attending training
course/scholarship grant/seminar or any other similar activity or on official travel shall no
be entitled to subsistence allowance for the duration of their official leaves, detail,
attendance in a training course/scholarship grant/seminar, or any other similar activity, or
official travel (Sec. 296 (e) GAAM Vol. I)
410
II. MAINTENANCE AND OTHER OPERATING EXPENSES (MOOE)
1) Travel Expenses
a) Local Travel (E.O. No. 298, March 23, 2004)
Travel Order or Authority to Travel approved by the Agency Head or his duly
authorized representative, or by the Department Head for travel exceeding One (1)
month but not less that three (3) months, or by President, if travel exceeds three (3)
months.
Approved Itinerary of Travel
Certificate of Travel Completed
Certificate of Appearance
Tickets for place, bus, ship fare or its equivalent
Receipts, in case entitled to travel representation allowance
Reimbursement Expense Receipt (RER), if necessary
b) Foreign Travel
Types of foreign travel
Scholarship, fellowship, and training or study grants to be approved by the special
committee on scholarship created for the purpose
Conferences, special missions and other non-study trips
Assignment to Foreign service posts such as officials and employees of the
Department of Foreign Affairs, Trade and Labor Attaches etc.
Allowable travel expenses
Scholarship, fellowship and training or study grants
- living allowance and per diems
- transportation
- clothing allowance
- tuition and matriculation fees, books and supplies
- medical and dental care
- insurance
411
(Note: For further discussion of the above enumerated allowances the lecturer
should refer to EO 129, S. 1968 and EO 367, 2. 1989)
Conference, missions and other study trips (Sec. 351 GAAM I)
- Transportation
- Clothing allowance
- Representation expenses
- Daily allowance and reimbursable limit for hotel room rate
- Insurance
Documentary requirements
Approval of the President for Department Secretaries/Undersecretaries/Assistant
Secretaries and other officials of equivalent rank, or of the Department Head for all
other positions
Approval of Special Committee on Scholarships – for scholarship, fellowship,
training and study grant
Travel Order
Approved Itinerary of Travel
Authority from the Office of the President for representation allowances
Certification that no clothing allowances has been received during the next
preceding twenty four (24) months for claims for clothing allowance
Certificate of Travel Completed
Tickets
Receipts, in case of pre travel expenses
For representation expenses, Certification under oath that expenses incurred were
pursuant to Title II (Conferences, Special Missions and Other Non-Study Trips)
Section 17 of EO 129, as amended in accordance with prior authority obtained
from the Office of the President
Report on Travel
2) Communication Services
a) Telephone Charges
Receipts/Invoices/Bill (Original Copy)
Certification of the Head of the agency concerned or his authorized representative
that there was no service interruption and that all telephone numbers covered are
properly indicated on company’s bill
For long distance calls, certification of the Head of the agency that the long
distance calls was strictly official in nature, exceptionally urgent and absolutely
necessary
412
Authority to undertake project
Program of work/detailed cost estimates approved by proper authorities
b) By Contract
Contract signed by the parties and witnessed by Chief Accountant/Treasurer
Plans, Programs of Work, Detailed Cost Estimates approved by proper authorities
Certificate of availability of Funds, duly verified by the Auditor
Accomplishment Report
Affidavit of contractor that all bills for materials used and labor employees have been
paid as corroborated by a certificate of project engineer
Thru Public Bidding (First Payment)
Advertisement/Call for Bids
Winning Bidders offer and Bid Tender of other participants/abstract of bids
Letter of Award Acceptance of Bid proposal
Contract Documents and Performance Bond
Plans and Specifications
Notice to Commence Work
Inspection report and Contractor’s accreditation Succeeding Payment (additional)
Bill of Creditor
Progress Report of Accomplishment
Inspection Report
413
Cost estimate showing in sufficient detail the derivation of all prime/direct cost and
overhead/indirect cost of new items of work not included in original contract
Duly approved revised plans indicating changes made
- inspection report
4) Maintenance of Motor Vehicles Used for Official Travels of Officials and Employees
a) Repair and/or servicing
Approval request for repair and/or servicing
Pre-repair inspection (COA Cir. 89-229 A, 9/8/99)
Certificate of the Property Officer stating the vehicle belongs or is used by the agency,
and the repair is necessary and that the defects in the vehicle was incurred through
normal wear and tear and not due to the fault or negligence of any official or employee
Report of Waste Materials for replacement of spare parts
Official receipts for expenses incurred for repair and servicing and spare parts
5) Transportation Services
a) Hauling Services
Contract of Service
Certificate of Receipts of Agency – consignee of articles in good order and condition
b) Shipment
Copy of bills of lading and/or airway bill as the case may be, signed by consignee or
his representative
Certificate of Receipt of agency – consignee of articles in good condition
414
Copy of advertisement
Winning bidder’s offer
Bid tenders of other participants
Letter of award of acceptance and
Performance bond of winning bidder
7) Rents
Contracts of Lease
Statement of Account/official receipt
8) Interest
Authority for incurrence of obligations together with the terms and conditions for
repayment and the rates of interest charged (SAM)
415
Retirement Claims
- Application in writing duly endorsed to the system by the Head of Agency
concerned
- Complete service record including statement of leave of absence without
pay
- Clearance from money, property and legal accountability
- Approval of retirement by the employer or agency and adjudication by the
GSIS
- Clearance from GSIS
- Fiscal’s clearance – place of assignment and place of residence
- Affidavit of applicant that he has no pending criminal case
- Statement of Assets and Liabilities (COA Cir. 81-155, 2/23/81)
Separation Pay
- Copy of pertinent law/authority
- List of employees lay off showing the names designations and last salary
received
- Service record of each employee duly certified by Head of Agency or his
duly authorized representative
- Certificate of Clearance from agency concerned
- Certificate of Clearance from GSIS
- Certificate of Clearance from PAGIBIG
- Statement of Assets and Liabilities
416
- For incidental expenses such as transportation and entertainment of
assets/informers vouchers shall be supported by receipts, invoices, bill for
board and lodging, itinerary of travel, travel order, certificate of travel
completed, and certificate of appearance
- For purchase of supplies and materials and equipment, vouchers shall be
supported by purchase/letter orders, report of canvass, delivery receipts,
waste material report and other pertinent documents
- For purchase of information or payment or reward vouchers shall be
supported by documents evidencing receipt of payment
417
LTO Form 42
Responsibility Center
Office/Unit/Project Code
Address
EXPLANATION AMOUNT
A. Certified B. Approved
Approved for
for Payment
Payment
Cash available
Subject to Authority to Debit Account (when applicable)
Signature Signature
Printed Printed
Name Name
Position Position
Head, Accounting Unit/Authorized Representative Agency Head/Authorized Representative
Date Date
C. Receipt
Receivedof Payment JEV No.
Check/ Date Bank Name
ADA No.
Signature Date Printed Name Date
418
DISBURSEMENT VOUCHER (DV)
INSTRUCTIONS
2. Mode of Payment – put a check mark in the appropriate box opposite the
mode of payment
3. Payee – name of the payee or creditor
4. TIN/Employee No. – Tax Identification Number (TIN) of the
claimant/identification Number assigned by the agency to the
officer/employee
5. Obligation Request No. – Number of the obligation request supporting
the DV
6. Address – address of the claimant
7. Responsibility Center (Office/Unit/Project and Code) – the
office/unit/project and code assigned to the cost center where the
disbursement shall be charged
8. Explanation – brief description of the disbursement
9. Amount – amount of claim
10. Certified (Box B) certification of the Head of the Accounting Unit or his
authorized representative as to obligation of allotment for the purpose as
indicated and completeness of supporting documents. The certifying
officer shall affix his signature, print his name, indicate the his position,
and the date of his signing on the space provided.
11. Certified (Box B) – certification by the Treasurer or his duly authorized
representative on the availability of fund.
The certifying officer shall affix his signature,print his name, indicate his
position and the date of his signing on the space provided.
12. Approved for Payment © - approval by the Agency Head or his duly
authorized representative on the payment covered by the DV.The
approving officer shall affix his signature, print his name and indicate his
position and the date of his signing on the space provided.
13. Received Payment (Box D) – acknowledgement by the claimant or his
duly authorized representative for the receipt of the check/cash and the
date of receipt. The claimant/payee shall affix his signature on the space
provided and shall indicate the number and the date of the check, bank
name and number and date of OR/other relevant documents issued to
acknowledge the receipt of payment.
14. JEV No. and Date – Number and date of the Journal Entry Voucher
419
LTO Form 43
GENERAL PAYROLL Sheet ______of ____Sheets
LGU
Period
No.: _____________________
We acknowledge receipt of the sum shown opposite our names as full compensation for services rendered for the perido stated:
DEDUCTIONS
No. NAME ID No. Position Monthly Allowance Amount Absences Life & Withholding Medicare Pag-ibig Salary No. Net Amount SIGNATURE
Salary Earned w/o pay Retirement Tax Loan Received OF PAYEE
4
66
*10
CERTIFIED: Services have been duly rendered as stated APPROVED FOR PAYMENT:
CERTIFIED: Funds available in the amount of P _____________ CERTIFIED: Each employee whose name appears above has been
paid the amount indicated opposite his/her name.
420
GENERAL PAYROLL
INSTRUCTIONS
1. This form shall be used for claims for salaries of permanent/regular employees of
national government agencies, local government units as well as government
corporations.
2. The used of this form should indicate on its heading not only the Agency name but
also the name of the office where the claimants/employees are assigned.
3. The shall be numbered as follows:
00 00 00 0000
Serial number
(one series per year )
Month of Issue
Year of Issue
Fund
421
LTO Form 44
5 5
6 6
7 7
8 8
9 9
10 10
11 11
12 12
13 13
14 14
TOTA L
CERTIFIED: Approved for Payment: CERTIFIED:
Each person whose name appears on this Each person whose name appears on
roll had rendered services for the time stated. the above roll has been paid the amount stated
opposite his name ater identifying him.
Name & Signature of Name & Signature of Approving Officer Name & Signature of Disbursing
Foreman/Supervisor Officer
422
DAILY WAGE PAYROLL
INSTRUCTIONS
1. This form shall be used for claims of laborers/casual employees and other daily wage
earners.
2. It shall be accomplished in at least three copies to be distributed as follows:
Original copy - to the Auditor
Disbursing Officer
423
LTO Form 45
CHECK REGISTER
LGU
424
CHECK REGISTER
INSTRUCTIONS
B. Each Disbursing Officer/Accountable Officer shall maintain this record. All transactions for
the day shall be recorded immediately.
425
LTO Form 46
Checks Nature of
DV No. Responsibility Center Payee Amount
Date No. Payment
TOTAL
_________________________
Disbursing Officer Accounting Clerk
_________________________
Date Date
426
REPORT OF CHECKS ISSUED (RCI)
INSTRUCTIIONS
Additional instructions:
a. The RCI shall be prepared in three copies by the Treasurer’s Office daily to be
distributed as follows:
Original – COA Auditor thru the Accounting Unit together with the
documents
b. One (1) RCI shall be prepared for each bank account and it shall be the basis for
the preparation of Journal Entry Voucher (JEV).
427
LTO Annex 47
Area of
Responsibility/Person Seq. Activity
Responsible
Concerned Office Gather supporting documents, and approved ALOBS, prepare
1 DV and forward to Head of Department.
Accountant 11 Forward RCI, DV, supporting documents and JEV to the Office
of the Auditor.
428
LTO Form 48
PROVINCE/CITY/MUNICIPALITY
Please be informed that the following checks were issued by this Office:
TOTAL AMOUNT
Certified Correct:
Prov./City/Mun. Accountant
(Signature over Printed Name)
Delivered by:
Bank Representative
(Signature over Printed Name)
Accountant's Representative
(Signature over Printed Name) Date Received: _______________
429
LTO Form 49
REPORT OF DISBURSEMENTS
LGU
TOTAL
Date Date
430
REPORT OF DISBURSEMENTS (RD)
INSTRUCTIONS
431
LTO Form 50
Date:
LGU Responsibility Center
PARTICULARS AMOUNT
Itinerary of Travel:
AMOUNT TO BE REIMBURSED
Accounting Unit
Date
432
LIQUIDATION REPORT (LR)
INSTRUCTIONS
433
LTO Annex 51
Office of the Treasurer 2 Gather duly certified and approved payrolls to be paid out of
cash advance. Prepare DV for cash advance corresponding to
the net amount of payroll/s. Sign Box A of DV and submit to
the Accounting Unit.
Disbursing Officer 9 If there are unclaimed salaries, return unused cash to the
Treasurer/ Cashier. An official receipt (OR) shall be issued by
the Treasurer/Cashier to acknowledge the return of unused cash
and indicate check no. of cash advance granted on the face of
OR. Record the refund as credit to cash advance and attach OR
to the Cashbook – Cash Advances.
Note: The RD shall serve as the liquidation report of the cash advance
granted to the Disbursing Officer. The RD shall be distributed as follows:
434
Copy 2 – File
435
LTO Annex 52
Area of
Responsibility/Person Seq. Activity
Responsible
Cash Unit/Cash Staff 1 Receive the approved check, DV and Following Months
Payroll (FMP), sign the logbook of the releasing office, and
forward the documents to the Cashier.
Cash Unit/Cash Staff 2 Deposit the check to the Bank Payroll Account together with
the original of the Summary of Employees Net Earnings
(SENE) received from Accounting Unit. File temporary copies
1-2 of FMP, copy 2 of the check, and copies 1-3 of DV for the
preparation o RCI.
436
LTO Form 53
LGU Date:
Payee/Office : Responsibility Center:
Address :
Amount Refunded/
(Reimbursed)
A Requested by: C
Received Refund
Approved by:
Disbursing Officer
Immediate Supervisor Disbursing Officer
B Paid by: D
Liquidation Submitted:
437
PETTY CASH VOUCHER (PCV)
INSTRUCTIONS
438
LTO Form 54
PETTY CASH REPLENISHMENT REPORT
_______________________________
Name of Province/City/Municipality
Period Covered:________________
Report No.:_________________
Sheet No.:__________________
Petty Cash
Date Particulars Amount
Voucher
CERTIFICATION
__________________ _________
Petty Cash Custodian Date
439
PETTY CASH REPLENISHMENT REPORT
INSTRUCTIONS
440
LTO Annex 55
Area of
Responsibility/Person Seq. Activity
Responsible
I. Establishment/Replenishment of Petty Cash Fund
Immediate Supervisor 2 Sign Box A “Approved b” portion of the PCV and return to
Requesting Personnel
Requesting Personnel 3 Submit to the Petty Cash Custodian for the release of fund
Petty Cash Custodian 4 Receive from the Requesting Personnel the PCV duly approved
by concerned official
Petty Cash Custodian 5 Upon granting of the petty cash advance, sign in Box B “Paid
by” potion of the PCV
Requesting Personnel 6 Receive petty cash and signs in Box B “Cash Received by”
portion of the PCV
Petty Cash Custodian 8 Record paid PCVs in the CDR. Fill-up the following columns:
date, reference, name of payee, nature of payment, amount in
the credit column and cash advance balance.
Petty Cash Custodian 9 File the original of the PCV awaiting liquidation
Petty Cash Custodian 1 Receive from Requesting Personnel copy 2 of the PCV together
with supporting documents. Check and review completeness of
documents such as the date, amount and nature of expenses
paid as shown in the supporting documents
441
copy 2 of PCVs.
Petty Cash Custodian 3 Check the appropriate boxes for “Received Refund” of
“Reimbursement Paid” portion and sign Box C of the PCV
Requesting Personnel 4 Check and fill up the appropriate boxes for “Liquidation
Submitted” and “Reimbursement Paid” upon submission of
necessary supporting documents and receipt or reimbursements
of cash, if any, and sign the PCV
Petty Cash Custodian 5 Return copy 2 of the PCV to the Requesting Personnel
Petty Cash Custodian 6 If the amount granted is equal to the amount paid as shown in
the liquidated PCV, proceeds to No. 7
If the amount is not equal to the amount paid, retrieve from file
the CDR and record the necessary adjustments based on the
liquidated PCV. Fill up the following columns: date, reference,
name of payee, and nature of payment, amount in the
appropriate debit, credit and balance column.
Petty Cash Custodian 7 File the original of the PDV together with the supporting
documents awaiting replenishment.
Petty Cash Fund 1 Retrieve from file the original of the PCV together with the
Custodian supporting documents. Check the completeness of all PCVs for
replenishment.
Petty Cash Fund 2 Prepare the Petty Cash Replenishment Report (PCRR) in two
Custodian copies based on PCVs in numerical sequence and fills up the
following columns: date, PCV No. particulars and amount.
Petty Cash Fund 3 Sign in the “Certified Correct by” portion of the PCRR
Custodian
Petty Cash Fund 4 Based on the PCRR, prepare DV in three copies, and forward
Custodian copies of the DV, original of the PCRR and PCV, and
supporting documents to Authorized Official for review and
signature
Petty Cash Fund 6 Forward Copies 1-3 of the DV, originals of PCRR and PCVs
Custodian and supporting documents to Budget Division for preparation
of the Obligation Request (ObR)
442
LTO Form 56
DV No.:
DISBURSEMENT VOUCHER
Date:
Barangay City/Municipality:
Tel No. Province:
Payee: Employee No.: Fund:
Address: TIN No.:
Particulars Amount
D. Received Payment:
443
LTO Form 57
Payroll
_____________________________________
Period Coverend
Barangay: City/Municipality: Payroll No. ________
Te. No. Province:
Compensation Deductions
Salaries & BIR Net Signature
No: Name Position
Wages Honoraria Total withholding Others Total Amount of
Regular Tax Due Recipient
444
PAYROLL
INSTRUCTIONS
445
LTO Form 58
PURCHASE ORDER
Barangay City/Municipality:
Tel No. Province:
Supplier: PO No.:
Address: Date:
Mode of Procurement
TIN: __Bidding ___Negotiated __Over the Counter
Gentlemen:
Please deliver to this office the following articles subject to the terms and conditions contained herein
Place of Delivery: Delivery Term:
Date of Delivery: Payment Term:
Unit Particulars Quantity Unit Cost Amount
_______________________________
Sinature over Printed Name
Punong Barangay
_______________________________
Date
Conforme: Existence of Available Appropriations of ______________
(amount in workds/figures)
____________________________ ____________________________
Signature over Printed Name Signature over Printed Name
Supplier Supplier
___________ ___________
Date Date
446
PURCHASE ORDER
INSTRUCTIONS
A. This form shall be 15. Unit Cost – cost per unit of the
accomplished as follows: supplies/goods ordered
16. Amount – total amount of the
1. Supplier/Address/TIN – name, goods ordered (quantity
address and TIN of the supplier multiplied by unit cost)
2. PO No. – the PO shall be 17. Penalty Clause – penalty
numbered as follows:: imposed by the barangay in
case of non-compliance with
00 00 0000 the terms of the PO
Serial number 18. Signed by – signature of the
(one series per year ) PB
Month of Issue 19. Conforme – signature over
Year of Issue
printed name of supplier or his
3. Barangay – Name of Barangay representative signifying his
4. Telephone Number – tel. no of approval to the terms set by
barangay the barangay and the date of
5. City/Municipality – signing
city/municipality where the 20. Existence of Available
barangay is located Appropriation – the amount of
6. Province – Province where the available appropriation
barangay is located committed for the purchase.
7. Date – date of PO preparation This shall be signed by the
8. Mode of Procurement – mode of CCA
procurement used such as public
bidding, negotiated purchase, B. This form shall be prepared in
procurement service, etc. as triplicate copies to be
provided under RA 9184 distributed as follows:
9. Place/Date f Delivery – place Original – Supplier for
and definite date/s of delivery. If conforme to the
not stated, it shall mean the terms of the PO
office of the official making the and attachment to
order and the date shall be seven the DV upon
days after receipt of the PO by request for
the supplier payment
10. Delivery Term – delivery Term 2nd copy – BT
i.e. Free on Board (FOB) 3rd copy – BRK
destination, FOB shipping point, .
etc. In the absence of such term, C. In case of negotiated purchase,
it shall mean FO destination the Barangay Secretary shall
11. Payment Term – specified indicate the Sangguniang
period required when the Resolution No. under which the
delivered goods shall be paid SB approved the contract.
and discounts allowed, if any,
such as 2/10, n/30
12. Unit – unit of measure of the
supplies (i.e. box, bottle etc.)
13. Particulars – brief description of
the supplies/goods ordered
14. Quantity – quantity of goods
ordered
447
LTO Form 59
PURCHASE REQUEST
Barangay PR No.:
City/Municipality Date:
REQUISITION
Estimated
Item Number Unit of Measurement
Unti Cost
Qty. Item Desciption Estimated Amount
____________________________ ____________________________
Signature over Printed Name Signature over Printed Name
Requisitioner Requisitioner
___________ ___________
Date Date
448
PURCHASE REQUEST
INSTRUCTIONS
449
LTO Form 60
Certification: Acknowledgment:
I hereby certify that the foregoing is the complete and correct records I hereby acknowledge receipt of the SCkI complete with carbon
of all checks issued from ________ to _________. The carbon copies of the copies of all checks issued and originals of all paid DVs/payrolls
checks issued and originals of all paid DVs/payrolls are hereto attached. and supporting documents.
450
SUMMARY OF CHECKS ISSUED
INSTRUCTIONS
A. This form shall be
accomplished as follows:
1. Period the inclusive period
covered by the report
2. SCkI No. – the SCkI shall be
numbered as follows:
00 00 0000
Serial number
(one series per year )
Month of Issue
Year of Issue
3. Barangay – name of
barangay
4. Barangay Treasurer – name
of designated brgy treasurer
5. Date – date of the check
6.
7. Check No – serial number
of the check. The check
issued including the
cancelled ones shall be
listed in correct numerical
sequence
8. DV/Payroll – number of the
DV/Payroll
9. Fund – name of the fun to
which the payment was
charged. Example – GF, CF,
etc.
10. Payee – name of the payee
11. particulars – brief
description of the nature of
disbursements
12. Gross Amount – gross
amount of the claim
13. Deductions – deductions on
the total claim
14. Net Amount – amount of
the check
15. Certification – to be signed
by the BT
16. Acknowledgement – to be
signed by the BRK
451
LTO Form 61
Certification :
I hereby certify to the correctness of the above data. Records are based
on the SCkI submitted by the B and that the carbon f the checks and all the
original of the paid DVs/payroll supporting the entries are in my file
______________________ ___________
Barangay Record Keeper Date
452
CHECK DISBURSEMENT REGISTER
INSTRUCTIONS
453
LTO Annex 62
Process Flow on Barangay Disbursement By Check
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay Record 1 Prepares Disbursement Vouchers in three copies. Forwards the
Keeper DV together with all supporting documents to the Barangay
Treasurer.
Barangay Treasurer
2 Receives Disbursement Voucher in three copies duly certified
in Box A by the Chairman of Committee on Appropriation as
to availability of appropriations together with all supporting
documents.
10 Prepares the check in the name of the payee for the amount
indicated in the Disbursement Voucher/Payroll
Note 1. The check shall be prepared with a carbon copy, to be distributed as
follows:
Original – Payee
Carbon copy – attached to Disbursement Voucher/Payroll
Punong Barangay 13 Countersigns the check and returns it to the Barangay Treasurer
together with the supporting documents for release.
454
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay Treasurer 14 Receives and releases the check to the payee. Attaches the
carbon copy of the check to the paid Disbursement
Voucher/Payroll
455
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay Record 26 Acknowledges receipt of the three copies of the Summary of
Keeper Check Issued with supporting documents and returns the 3rd
copy to the Barangay Treasurer for his file
456
LTO Form 63
Certification: Acknowledgment:
I hereby certify that the foregoing is the complete I hereby acknowledge receipt of the certified SCP complete with
and correct records of all cash payments for the the originals of the paid DVs/Payrolls and supporting documents.
period ______ to _______. The originals of all paid
DVs/payrolls are hereto attached.
___________________ ____________________________
Barangay Treasurer Barangay Record Keeper
457
SUMMARY OF CASH PAYMENTS
INSTRUCTIONS
A. This form shall be
accomplished as follows:
1. SCP No. – the SCP shall be
numbered as follows:
00 00 0000
Serial number
(one series per year )
Month of Issue
Year of Issue
2. Barangay – Name of the
Brgy
3. Telephone Number – tel. no.
of barangay
4. City/Municipality –
city/municipality where the
barangay is located
5. Province – Province where
the barangay is located
6. Date – date payment was
made
7. DV/Payroll No. – number of
the paid DV/payroll
8. Payee – name of the payee
as indicated in the DV or the
first name appearing in the
payroll followed by the
word “et al”
9. Particulars – brief
description of the nature of
payments
10. Gross amount – gross
amount of DV/Payroll
11. Withholding Tax – amount
of taxes withheld
12. Net Amount – amount
actually paid
13. Certification – to be signed
by the BT
14. Acknowledgement – to be
signed by the BRK
458
LTO Form 64
Certification :
I hereby certify to the correctness of the above data. Records are based
on the SCP submitted by the AO and that all the originals of the paid DVs/
payroll are all in my file.
______________________ ___________
Barangay Record Keeper Date
459
CASH DISBURSEMENT REGISTER
INSTRUCTIONS
460
LTO Form 65
LIQUIDATION REPORT
Barangay City/Municipality: LR No.:
Accountable Officer Province: Date:
Particulars Amount
461
LIQUIDATION REPORT
INSTRUCTIONS
462
LTO Form 66
Process flow on Receipt of Barangay Cash Advance, Payment and Liquidation of Payroll/Travel
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay Record 1 Prepares Disbursement Vouchers in three copies. Forwards the
Keeper DV together with all supporting documents to the Barangay
Treasurer.
Barangay Treasurer
2 Receives Disbursement Voucher in three copies duly certified
in Box A by the Chairman of Committee on Appropriation as
to availability of appropriations together with all supporting
documents.
10 Prepares the check in the name of the payee for the amount
indicated in the Disbursement Voucher/Payroll
Note 1. The check shall be prepared with a carbon copy, to be distributed as
follows:
Original – Payee
Carbon copy – attached to Disbursement Voucher/Payroll
Punong Barangay 13 Countersigns the check and returns it to the Barangay Treasurer
together with the supporting documents for release.
463
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay Record 1 Prepares Disbursement Vouchers in three copies. Forwards the
Keeper DV together with all supporting documents to the Barangay
Treasurer.
Barangay Treasurer
2 Receives Disbursement Voucher in three copies duly certified
in Box A by the Chairman of Committee on Appropriation as
to availability of appropriations together with all supporting
documents.
10 Prepares the check in the name of the payee for the amount
indicated in the Disbursement Voucher/Payroll
Note 1. The check shall be prepared with a carbon copy, to be distributed as
follows:
Original – Payee
Carbon copy – attached to Disbursement Voucher/Payroll
Punong Barangay 13 Countersigns the check and returns it to the Barangay Treasurer
together with the supporting documents for release.
464
Area of
Responsibility/Person Seq. Activity
Responsible
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay Record 25 Records all the payments made in the “Disbursement” column
Keeper under the “Payroll Fund” section and shows the “Breakdown of
Expenditures”.
Note 1. The Cash Disbursement Register shall be prepared in two copies to
be distributed as follows:
Original – City/Municipal Accountant
2nd copy – Barangay Record keeper
465
LTO Form 67
LGU Date:
Barangay : City/Municipality:
Petty Cash Cust.: Province:
Amount Refunded/
(Reimbursed)
A Requested by: C
Received Refund
Approved by:
Disbursing Officer
Punong Barangay Petty Cash Custodian
B Paid by: D
Liquidation Submitted:
466
PETTY CASH VOUCHER
INSTRUCTIONS
467
LTO Form 68
Certification: Acknowledgment :
I hereby certify that the foregoing is the complete I hereby acknowledge receipt of the certified SPPCVs
and correct records of all payments from the Petty Cash complete with the originals of the paid PCVs and
Fund for period ______ to _________. The originals of supporting documents.
the paid PCVs and supporting documents are hereto
attached.
__________________ __________________
Petty Cash Fund Custodian Barangay Record Keeper
468
SUMMARY OF PAID PETTY CASH VOUCHERS
INSTRUCTIONS
A. This form shall be
accomplished as follows:
1. SPPCV No. – the SPPCV
shall be numbered as
follows:
00 00 0000
Serial number
(one series per year )
Month of Issue
Year of Issue
2. Page – page number
3. Barangay – name of
barangay
4. Barangay treasurer – name
of designated barangay
treasurer
5. City/Municipality –
city/municipality where the
barangay is located
6. Province – province where
the barangay is located
7. Date – date the PCV was
paid
8. PCV No. – number of the
paid PCV
9. Payee – name of the payee
10. Particulars – brief
description of the nature of
payments
11. Amount – amount paid
12. Certification – to be signed
by the PCFC
13. Certification – to be signed
by the PCFC
14. Acknowledgement – to be
signed by the BRK
469
LTO Form 69
Certification: Acknowledgement:
I hereby certify to the correctness of the above data. Entries are
based on the certified SPPCVs. Original of the unreplenished PCVs are all in my file. I hereby acknowledge receipt of the PCFReg.
_____________________ _____________________
Petty Cash Fund Custodian Date Barangay Record Keeper
470
PETTY CASH FUND REGISTER
INSTRUCTIONS
471
LTO Annex 70
Process Flow on Establishment of Petty Cash Fund, Payment and Liquidation of PCF
Area of
Responsibility/Person Seq. Activity
Responsible
472
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay Treasurer 12 Prepares the check in the name of the payee for the amount
indicated in the Disbursement Voucher/Payroll
Note 1. The check shall be prepared with a carbon copy, to be distributed as
follows:
Original – Payee
Carbon copy – attached to Disbursement Voucher/Payroll
Punong Barangay 15 Countersigns the check and returns it to the Barangay Treasurer
together with the supporting documents for release
Barangay Treasurer 16 Receives and releases the check to the payee. Attaches the
carbon copy of the check to the paid Disbursement
Voucher/Payroll
473
Area of
Responsibility/Person Seq. Activity
Responsible
Requesting 25 Submits to the Petty Cash Fund Custodian the Invoice/Official
Official/Staff Receipt and other evidence supporting the disbursement
474
LTO Form 71
Inspection Acceptance
_______________________________ _______________________________
Signature over Printed Name Signature over Printed Name
Authorized Inspector Authorized Inspector
475
INSPECTION AND ACCEPTANCE REPORT
INSTRUCTIONS
476
LTO Form 72
Barangay
Requisitio n Issuan ce
Stock No. Unit Description Quantity Quantity Remarks
Purpose: _________________________________________________________
_________________________________________________________________________
477
REQUISITION AND ISSUE SLIP
INSTRUCTIONS
11. Purpose – brief explanation f
A. This form shall be the purpose of the requisition
accomplished as follows: 12. Requested by – signature,
name and designation of the
1. RIS No. – the RIS shall be person who requested the item
numbered as follows: and date of request
13. Approved for Issuance
00 00 0000 by – signature, name and
Serial number
(one series per year ) designation of the person
Month of Issue who approved the
Year of Issue
issuance and date of
2. Date – date of the preparation of approval of PB
RIS 14. Received by – signature, name
3. SAI No. –control number of and designation of the person
SAI who received the item and
4. Date – date of preparation of date of receipt
SAI 15. Issued by – signature, name
5. Barangay – name of barangay and designation of the official
6. Telephone Number – tel. no. of who issued the item
Barangay requisitioned and date of issue
7. City/Municipality –
city/municipality where the B. This form shall be used to
barangay is located request for
8. Province – province where the goods/supplies/property
barangay is located needed
9. Requisition C. This form shall be prepared
Unit – unit of in three copies to be
measurement of the distributed as follows:
stock being
requisitioned such as Original – BRK to support
ream, box, etc. the PO or the
Particulars – description issuance
of the item being 2nd copy – BT
requisitioned 3rd copy – BRK
Quantity –
number/quantity of the
stock being
requisitioned
Stock No. – no of the
item being
requisitioned
Description – brief
description of the item
requisitioned
10. Issuance
Quantity – actual
quantity issued/status
of stock
Remarks – comments,
if any
478
LTO Form 73
_________________ _________________
Signature over Printed Name Signature over Printed Name
Barangay Tanod Barangay Tanod
______________ ______________
Date Date
479
LTO Form 74
PROPERTY ACKNOWLEDGEMENT RECEIPT
Barangay: City/Municipality: PAR No:
Tel No.: Province:
Quantity Unit Description Property No. Date Acquired Cost
Received by:
_________________ _________________
Signature over Printed Name Signature over Printed Name
Recepient/User Barangay Treasurer
______________ ______________
Date Date
480
LTO Form 75
Checks
Drawee Number Date Amount
B. Accountable Forms
Inclusive Serial Nos.
Quantity Name of Forms
From To
C. Property
Quantity Unit Description Property No.
D. Documents
__________________ __________________
Barangay Official Punong Barangay
481
TRANSFER OF MONEY AND PROPERTY ACCOUNTABILITY
INSTRUCTIONS
A. This form shall be Description – brief
accomplished as follows: description of the
PPE being
1. Money: transferred/received
Cash Property No.
No. of pieces – quantity assigned property
Denomination – number of the PPE
example: P1,000, P500,
etc. 4. Documents – lists of all
Amount – no o pieces documents under the custody
multiplied by the of AO
denomination 5. Transferred by – certification
Total – total amount of of the outgoing AO on the
cash surrender of the money,
Checks property, accountable forms
Drawee Bank – name and documents under his
of the drawee bank custodianship
Number – check 6. Received by –
number acknowledgement of the
Date – date of the Incoming barangay official on
check the receipt of the money,
Amount – amount of property, accountable forms
the check and documents surrendered by
the outgoing AO
Total – total amount of
the checks listed 7. Witnessed by – to be signed
2. Accountable forms by the Barangay Official who
witnessed the turnover
Quantity – quantity of
8. Approved by – to be approved
forms
by the PB. In case the PB is
Name of forms – name
the AO, the transfer shall be
of accountable forms
approved by the
under his custody
Ciy/Municipal Mayor
Inclusive Serial Nos.
the beginning balance B. The TMPA shall be prepared
and ending serial in four copes every time an
numbers accountable officer ceases to
3. Property: be one to be distributed as
Quantity – number of follows:
pieces/units of PPE Original – Incoming
Unit – unit of Barangay Official
measurement 2nd copy – BT
3rd copy – Outgoing
Barangay Official
4th copy – COA
482
LTO Form 76
_____________________
Signature Over Printer Name Signature Over Printer Name
Barangay Treasurer Barangay Treasurer
CERTIFICATE OF INSPECTION
I hereby certify that the property enumerated above were disposed of as follows:
________________________ ________________________
Name and Signature Name and Signature
483
WASTE MATERIAL REPORT
INSTRUCTIONS
A. This form shall be 3. Witness to disposition – name
accomplished as follows: and signature of the person
1. Barangay – name of the authorized to witness the
barangay disposition of the waste property.
2. Place of Storage – exact
location of the items for C. This report shall be prepared in
disposal three copies to be distributed as
3. Date – date of the preparation follows:
of the report Original – Incoming
4. Item – entry number in the Barangay Official
report 2nd copy – BT
5. Quantity – number of items 3rd copy – Outgoing
being reported as waste Barangay Official
materials 4th copy – COA
6. Unit – unit of measurement
7. Description – name and
description of item being
reported
8. Record of Sales
OR No. – official
receipt number
covering the sale of
waste materials
Amount – amount of
waste materials sold
based on the OR
9. Total – total amount of sale
10. Certified Correct – name and
signature of the Property
Officer
11. Approved for Disposal –
name and signature of the
Punong Barangay
B.CERTIFICATE OF INSPECTION
1. Indicate the corresponding item
number of the waste material in
the line opposite the mode of
disposition made
2. Property Inspector – name and
signature of the concerned
Property Inspector.
484
LTO Form 77
SUPPLIES LOGBOOK
Qty Issuance
Date Reference Description Balance
Received Qty Received by
485
SUPPLIES LOGBOOK
INSTRUCTIONS
A. This form shall be
accomplished as follows:
1. Date – date of entry
2. Reference – document used
as a basis in recording the
receipt or issuance of
supplies and materials
3. Description – description of
the item being received (i.e.
type, brand etc.)
4. Quantity Received – actual
quantity received
5. Issuance
Quantity – actual
quantity received
Received by –
signature, name
and description of
the person who
received the item
and date of receipt
6. Balance (Qty) – Running
balance of the quantity of
supplies on stock
486
LTO Annex 78
Requisition, Issuance and Delivery of Materials and Supplies
Area of
Responsibility/Person Seq. Activity
Responsible
Requisitioner 1 Prepares the Requisition and Issue Slip (RIS) by filling out
information in the Requisition portion
Note 1. The RIS shall be prepared in three copies to be
distributed as follows:
Original – Barangay Treasurer
2nd copy – Barangay Record Keeper
3rd copy – Requisitioner
Bids and Award 6 Based on the approved purchase request makes a reasonable
Committee (BAC) estimate of the cost of the items to come up with the Approved
Budget for the
7 Contract (ABC).
Chairman, Committee 9 Receives the purchase request and ABC for earmarking
on Appropriation
10 Forwards the purchase request and ABC to the BArangay
Record Keeper for earmarking of the funds needed.
Chairman, Committee 14 Receives the purchase request and certifies the availability of
on Appropriation appropriations and returns the same to the BAC with the
amount needed duly earmarked.
487
Area of
Responsibility/Person Seq. Activity
Responsible
Punong Barangay 17 Approves the result of the bidding
Requisitioner 34 Receives the items requisitioned and signs Box C of the RIS
488
Area of
Responsibility/Person Seq. Activity
Responsible
B Issuance of small items with serviceable life of more than
one year
Barangay Treasurer 35 Prepares the Inventory Custodian Slip (ICS) for the issuance of
small items
Note 1. The ICS shall be prepared in three copies to be
distributed as follows:
Original – Barangay Treasurerr
2nd copy – Barangay Record Keeper
3rd copy – recipient or user of the small item
Barangay Treasurer 40 Signs the issued by portion of the ICS. Files the original and 2 nd
copy and forwards the 3rd cop to the requisitioner.
489
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay Treasurer 48 Retrieves copy of Inspection and Acceptance Report (IAR) and
invoices from file
Barangay Treasurer 58 Retrieves the original copy of the RIS from file
490
LTO Annex 79
Requisition, Issuance and Delivery of Property and Equipment
Area of
Responsibility/Person Seq. Activity
Responsible
Requisitioner 1 Prepares the Requisition and Issue Slip (RIS) by filling out
information in the Requisition portion
Note 1. The RIS shall be prepared in three copies to be
distributed as follows:
Original – Barangay Treasurer
2nd copy – Barangay Record Keeper
3rd copy – Requisitioner
2 Signs the Requested by portion
491
Area of
Responsibility/Person Seq. Activity
Responsible
Punong Barangay 17 Approves the result of the bidding
31 Issues the item to the requisitioner together with the PAR for
signature
Requisitioner 32 Signs the received by portion of the PAR and receives the items
requisitioned. Returns the 2nd and 3rd copy of the signed PAR to
the Barangay Treasurer.
492
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay Treasurer 33 Receives the Property Acknowledgement Receipt (PAR) and
signs the issued by portion
34 Furnishes the requisitioner the 3rd copy of the PAR for his file
Barangay Record 36 Receives and files the 2nd copy of the PAR
Keeper
A Receipts of Property, Plant and Equipment and recording
the amount due the suppliers in the creditor’s card
Barangay Treasurer 37 Receives deliveries for inspection and signs the received by
portion of the supplier’s invoice/delivery receipt
493
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay Record 44 Retrieves copies of the Inspection and Acceptance Report
Keeper (IAR) and invoices from file
B Issuance of PPE
Barangay Treasurer 51 Prepares the Property Acknowledgement Receipt (PAR)
Note 1. The PAR shall be prepared in three copies to be
distributed as follows:
Original – Barangay Treasurer
2nd copy – Barangay Record Keeper
3rd copy – recipient/user of the property
52 Issues the item to the requisitioner together with the PAR for
signature
Requisitioner 53 Signs the received by portion of the PAR and receives the items
requisitioned. Returns the 2nd and 3rd copy of the signed PAR to
the Barangay Treasurer.
55 Furnishes the requisitioner the 3rd copy of the PAR for his file
Barangay Record 57 Receives and files the 2nd copy of the PAR
Keeper
494
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay Record 58 Retrieves the Property Acknowledgement Receipt (PAR)
Keeper submitted by the Barangay Treasurer
C Disposal of PPE
Unserviceable Property
Barangay Record 61 Records all unserviceable property and returned small tangible
Keeper items in the “inventory” section of the Inventory and Inspection
Report of Unserviceable Property (IIRUP)
Note 1. The IIRUP shall be prepared in three copies to be
distributed as follows:
Original City/Municipal Accountant
2nd copy – Inspection Team
3rd copy – Barangay Record Keeper
Barangay Record 66 Forwards the IIRUP to the City/Municipal Accountant for the
Keeper filling out of the columns on the cost, accumulated depreciation
and net book value of PPE
City/Municipal 67 Fills out the columns pertaining to the cost of the item for
Accountant disposal and returns the IIRUP to Barangay Record Keeper
Barangay Record 68 Receives the signed IIRUP and forwards it to the punong
Keeper barangay for approval
Punong Barangay 69 Receives the IIRUP and signs the approved portion. Returns
the IIRUP to the BArangay Record Keeper.
495
Area of
Responsibility/Person Seq. Activity
Responsible
Inspection Team 72 Returns the accomplished Inventory and Inspection Report of
Unserviceable Property (IIRUP) to the Barangay Record
Keeper
Barangay Record 73 Acknowledges receipt of the original and 3rd copy of the IIRUP
Keeper
74 Records the item disposed as deduction from the Property,
Plant and Equipment Register
D Loss of PPE
Accountable Officer 79 Submits a Notice of Loss and other supporting documents to
the Punong Barangay through the Barangay Treasurer, copy
furnished the Auditor
Punong Barangay 80 Receives the notice and causes the conduct of an immediate
investigation
Punong Barangay 84 Signs transmittal letter and returns to the Barangay Record
Keeper
Barangay Record 85 Submits the transmittal letter and the notice of loss together
Keeper with the result of investigation to GSIS for indemnification of
the lost property
496
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay Record 87 Records the loss as a reduction from the balance of the
Keeper Property, Plant and Equipment Register
497
LTO Annex 80
Reporting the Physical Count of PPE
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay 1 Requests the Barangay Record Keeper for copies of the
Treasurer/Inventory Property, Plant and Equipment Register and Report on the
Team Physical Count of PPE (PRCPPE)
Barangay Record 5 Receives the RPCPPE and reconciles details with the Property,
Keeper Plant and Equipment Register
Punong Barangay 11 Approves the RPCPPE signs in Box C and returns it back to the
Inventory Team
498
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay 12 Certifies the Report on the Physical Count of PPE (RPCPPE)
Treasurer/Inventory and forwards the original and 2nd copy to the Barangay Record
Team Keeper. Retains 3rd copy for file
499
LTO Form 81
LGU:__________________________________________________
Cash Flow Forecast
For FY ______________________________________________
Particulars Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
Cash Flows from Operating Activities
Cash Inflows
Collection from taxpayers
Share from Internal Revenue Collections
Receipts from sale of goods or services
Interest Income
Other Receipts
Cash Outflows
Payments for Personnel Services
Payment for Miscellaneous and Other Operating Expenses
Payment for Capital Outlays
Other Expenses
Prepared by Approved by
__________________________________________ _________________________________________________
Local Chief Executive
500
CASH FLOW FORECAST
INSTRUCTIONS
1. The Cash Flow Forecast (CFF) shall be prepared for the whole year.
2. Cash Flow From Operating Activities – Pertains to the receipts (inflow) and disbursement
(outflow) of cash out of the primary/regular operations of the Local Government Units,
e.g. Collection of taxes, share from IRA, payments to creditors, employees, payment of
interests.
3. Ner Cash From Investing Activities – Pertains to the difference between receipts
(inflows) and disbursement (outflows) from investing activities such as sale/purchase of
PPE
4. .Net Increase in Cash – Refers to the overall cash effect of the various activities of the
LGU (Inflows-Outflows). If the cash inflow is greater than the cash outflow, there is an
increase in cash, vice versa.
5. Cash at the Beginning of the Period – This pertains to the ending cash balance of the
preceding year carried over to the current year.
6. Cash at the End of the Period – This is equal to the sum of the net increase in cash and the
beginning cash. This becomes the beginning balance of the succeeding month.
7. Prepared by – Name of the person preparing the CFF
501
LTO Form 82
`
CASH RECEIPTS FORECAST
For FY ______________________________________________
Particulars Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
Cash Flows from Operating Activities
Cash Inflows
Collection from taxpayers
Share from Internal Revenue Collections
Receipts from sale of goods or services
Interest Income
Other Receipts
Prepared by
__________________________________________ _________________________________________________
Head of Collecting Department Local Chief Executive
502
CASH RECEIPTS FORECAST
INSTRUCTIONS
1. The Cash Receipts Forecast (CRF) shall be prepared for the whole year.
2. Cash Inflow from Operating Activities – This pertains to the inflow of cash out
of the primary/regular operations of the LGUs e.g. collection of taxes, share
from the IRA< receipt from the sale of goods or services
3. Cash Inflow from Investing Activities – Pertains to inflow of cash from the
sale (issuance) or purchase of long term investments. For example e.g. sale of
real estate.
4. Cash Inflow from Financing Activities – This includes receipts or inflows of
cash out of the borrowings/loans of the LGU e.g. issuance of debt securities,
loan.
5. Cash Receipts This Month – This is the total of all cash inflows for the current
month
6. Cash Receipts Previous Month – This is the total of all cash inflows for the
previous month
7. Total Cash Receipts as of this Month – Total of cash inflows beginning of the
year to current month
8. Prepared by – Name of persons preparing the CRF
9. LCE Name of the Municipal/City Mayor or Provincial Governor
503
LTO Form 83
LGU:__________________________________________________
CASH DISBURSEMENT FORECAST
For FY ______________________________________________
Particulars Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
Cash Outflows from Operating Activities
Payments for Personnel Servicies
Payments for Maintenance and Other Operating Expenses
Payments for Capital Outlay
Payment for Other Expenses
Prepared by
__________________________________________ _________________________________________________
Local Chief Executive
504
CASH DISBURSEMENT FORECAST
INSTRUCTIONS
1. The Cash Disbursement Forecast (CDF) shall be prepared for the whole year
2. Cash Outflow from Operating Activities – Pertains to the disbursement (outflow) of cash
out of the primary/regular operations of the Local Government Units e.g. payments to
creditors, employees, interests payments
3. Cash Outflow from Investing Activities – Pertains to disbursement (outflow) of cash from
the purchase (acquisition) of long term investments.
4. Cash Outflow from Financing Activities – Pertains to the disbursement (ouflow) of cash
out of the LGUs borrowing
5. Cash Disbursement This Month – total cash outflow for the current month
6. Cash Disbursement Previous Month – total cash outflow for the previous month
7. Total Cash Disbursement As of This Month – total cash outflow from beginning of the
year up to current month
8. Prepared by – Name of person preparing the CDF
9. LCE – Name of Head of LGU
505
LTO Form 84
LGU:__________________________________________________
Cash Flow Analysis
Prepared by
506
Instructions in Accomplishing LBE Form
507
LTO Form 85
Years 1% 8% 10% 12% 14% 15% 16% 18% 20% 22% 24% 25%
1 .990 .926 .909 .893 .877 .870 .862 .847 .833 .820 .806 .800
2 1.970 1.783 1.736 1.690 1.6347 1.626 1.605 1.566 1.528 1.492 1.457 1.440
3 2.941 2.577 2.487 2.402 2.322 2.283 2.246 2.174 2.106 2.042 1.981 1.952
4 3.902 3.312 3.170 3.037 2.914 2.855 2.798 2.690 2.589 2.494 2.404 2.362
5 4.853 3.993 3.791 3.605 3.433 3.352 3.274 3.127 2.991 2.864 2.745 2.689
6 5.795 4.623 4.355 4.111 3.889 3.784 3.685 3.498 3.326 3.167 3.020 2.951
7 6.728 5,206 4.868 4.564 4.288 4.160 4.039 3.812 3.605 3.416 3.242 3.161
8 7.652 5.747 5.335 4.968 4.639 4.487 4.344 4.078 3.837 3.619 3.421 3.329
9 8.566 6.247 5.759 5.328 4.946 4.772 4.607 4.303 4.031 3.786 3.566 3.464
10 9.471 6.710 6.145 5.650 5.216 5.019 4.833 4.494 4.192 3.923 3.682 3.572
11 10.368 7.139 6.495 5.941 5.453 5.234 5.029 4.656 4.327 4.035 3.776 3.656
12 11.255 7.536 6.814 6.194 5.66 5.421 5.197 4.793 4.439 4.127 3.851 3.725
13 12.134 7.904 7.103 6.424 5.842 5.583 5.342 4.91 4.533 4.203 3.912 3.78
14 13.004 8.242 7.367 6.628 6.002 5.724 5.468 5.008 4.611 4.265 3.962 3.824
15 13.865 8.559 7.606 6.811 6.142 5.847 5.575 5.092 4.675 4.315 4.001 3.859
16 14.718 8.851 7.824 6.974 6.265 5.954 5.669 5.162 4.73 4.357 4.031 3.887
17 15.562 9.372 8.022 7.12 6.373 6.047 5.749 5.222 4.775 4.391 4.059 3.91
18 16.395 9.372 8.201 7.25 6.467 6.128 5.818 5.273 4.812 4.419 4.08 3.928
19 17.226 9.604 8.365 7.366 6.55 6.198 5.877 5.316 4.844 4.442 4.097 3.942
20 18.046 9.818 8.514 7.469 6.623 6.259 5.929 5.353 4.87 4.46 4.11 3.954
21 18.857 10.017 8.649 7.562 6.687 6.312 5.973 5.384 4.891 4.476 4.121 3.963
22 19.66 10.201 8.772 7.645 6.743 6.359 6.011 5.41 4.909 4.488 4.13 3.97
23 20.456 10.371 8.883 7.718 6.792 6.399 6.044 5.432 4.925 4.499 4.137 3.976
24 21.243 10.529 8.985 7.784 6.835 6.434 6.073 5.451 4.937 4.507 4.143 3.981
25 22.023 10.675 9.077 7.843 6.873 6.464 6.097 5.467 4.948 4.514 5.147 3.985
508
LTO Form 86
INVOICE-RECEIPTS OF TRANSFER OF ACCOUNTABILITIES
I. Depository Accounts
Amount Total
A. Cash in Treasury or Cash in Vault
General Fund _________________
Trust Fund _________________
Special Fund _________________ __________________
B. Cash in Banks:
General Fund Acct. No. ______ _________________
Trust Fund Acct. NO. ________ _________________
SEF Acct. NO. _____________ _________________ __________________
B. Treasury Bills
Date of Placement Term / Rate Maturity
_________________ _________________ _________________
_________________ _________________ _________________
C. Stocks Certificates
Name of Stock Certificate No. No. of Shares Amount
509
Blank Unissued Checks Serial Number
Acct. No. _________Gen. Fund-LBP __________________
Acct. No. _________Gen. Fund-LBP __________________
Acct. No. _________Gen. Fund-Other Banks __________________
Acct. No. _________Trust Fund-LBP __________________
Acct. No. _________Trust Fund-PNB __________________
Acct. No. _________Trust Fund-Other Banks __________________
Acct. No. _________SEF-LBP __________________
Acct. No. _________SEF-PNB __________________
Acct. No. _________SEF-Other Banks __________________
IV. Others
1. Property (Refer to Acknowledgement Receipt for Equipment - (ARE)
2. Duplicate Combinations of Accountable Officer's Safe
3. Outstanding Checks
Check No./Date Payee Amount
_________________________ ____________ ____________
_________________________ ____________ ____________
_________________________ ____________ ____________
_________________________ ____________ ____________
_________________________ ____________ ____________
_________________________ ____________ ____________
CERTIFICATION
I herebey certify that I have this _________ day I hereby certify that I have this _______ day of
of _____________ transferred to my successor ________________ actually received from my
Mr./Mrs. ______________________, the items predecessor, Mr./Mrs. __________________________
described above, as of _____________________ all the items described above, as of _______________,
the date of the transfer of accountability. the date of transfer of acountability, except__________
_________________________ _________________________
Outgoing P/C/M Treasurer Incoming P/C/M Treasurer
_____________ __________________
Date Date
Verified Correct:
Witnessed by:
__________________________
COA Representative _________________________
BLGF/RO/PTO Representative
510
LTO Annex 87
A. Basic Concepts
Control in general is the process of exercising or directing influence over the activities of an
object, organism or a system. The goal of control is to prevent losses to the organization arising
from the different hazards in government business operations.
Preventive Controls – are designed to prevent the adverse actions or risk from occurring
Detective Controls – are designed to detect an error or adverse event after it occurs but
within a reasonable time to permit correction and through awareness of the problem, help
prevents other errors from occurring.
Corrective Controls – are designed to identify a problem and bring it to management’s
attention for resolution and correction.
The term internal controls, on the other hand, refer to “an organization’s whole system or network
of methods, procedures, and plans which govern its activities to accomplish its goals and
objectives. “Such system is generally known as the Internal Control System or Structure (ICS).
Financial Controls or the accounting controls, relate to those methods and procedures used to
produce accurate records and safeguard assets. They should be designed to ensure that:
Specified individuals are held accountable for transactions under their control
Accounting records are accurately and reliably maintained
There is adequate segregation of record keeping duties from custodianship of the agency’s
authorized
There is adequate segregation of incompatible duties and
There are adequate checking and reconciling procedures
The concept of accountability is an important element in financial controls. Without it, it would
be difficult to implement financial controls. Accountability is the practice that holds each
employee accountable for those areas for which he/she has been delegated responsibility. It is this
aspect of accountability that a public manager has a mechanism ensuring to discharge their
responsibilities as required.
511
Administrative Controls – are primarily established to create a sound environment within which
accounting controls may efficiently operate. They encompases all those organizational plans,
methods and procedures that help entities achieve operational efficiency and adherence to
management policies. They are designed to ensure that:
Program Controls are put in place to ensure that the programs/projects of the government agency
achieve their goals and objectives. The controls should be able to ensure the following:
Budget Controls – are established to ensure that funds are properly allocated and utilized solely
for the purpose for which they have been appropriated. Specifically, the system of budgetary
controls shall:
Management Controls – have been broadly defined as “a process effected by management and
other personnel designed to provide reasonable assurance regarding the achievement of
objectives” with the following objectives:
To keep the organization on course toward achievement of its mission, goals and
objectives while minimizing surprises along the way
To enable management to cope with rapidly changing economic and political
environment, shifting service demands and priorities and the inevitable organizations
restructuring that accompanies them, and
To promote efficiency, reduce risk or resource loss, increase reliability of management
data, and ensure compliance with laws, and regulations
ICS policies and procedures are designed to safeguard the accuracy and reliability of the
information by preventing and detecting errors on a timely basis. Management needs
accurate information for carrying out the operation since reliable information is used in
making critical management decisions.
512
2. To safeguard assets and records
ICS policies and procedures are designed to prevent and detect loss of assets and records
on a timely basis. The physical assets of the agency can be stolen, misused or accidentally
destroyed. The same is true with non-physical assets such as accounts receivable ledger,
accountable forms and financial records.
ICS policies and procedures are meant to prevent unnecessary duplication of effort,
protect against waste in all aspects of operation and discourage of inefficient use of
resources.
ICS policies and procedures are meant to provide reasonable assurance that those
procedures and rules are adhered to by the agency personnel. The concept of reasonable
assurance recognizes that the cost of agency’s internal control structure should not exceed
the benefits that are expected t be derived.
General Standards
1. Personnel Competence – Officers and employees should posses technical competence and
professional integrity commensurate with their assigned responsibilities
2. Control Techniques – Internal control techniques are to be designed for and operated in all
agency activities to accomplished the control objectives consistently, efficiently and
effectively
3. Reasonable assurance and cost – Internal control systems are to provide reasonable
assurance that the objectives of the systems will be accomplished at a reasonable cost.
Specific Standards
1. Documentation – the agency’s ICS, policies, procedures, accountability for resources and
all financial transactions shall be clearly documented and adequately supported.
2. Recording of transactions and events – financial transactions and events shall be promptly
recorded in accordance with state accounting standards
3. Authorization and execution of transactions – all transactions shall be executed by persons
acting within the scope of their authority
4. Segregation of duties and functions – Key duties and functions such as authorization,
custody and accounting shall be assigned to separate offices and individuals to eliminate
opportunities to conceal errors and irregularities
513
5. Supervision Scheme – Qualified and continuous supervision of subordinates shall be
provided to assure adherence to approved policies and procedures
6. Physical control and access to agency resources – Tangible assets and records should be
physically safeguarded. Access to these and records, both direct physical access through
document processing, shall be in accordance with management’s authorization.
7. Asset Accountability – Accountability for the custody and use of an asset is to be assigned
and maintained and periodic comparison shall be made of the existing assets with the
recorded accountability and appropriate action taken on any differences.
8. Built in checks – proofs of accuracy and documented trail of transactions are features that
should be built into the execution and recording of transactions to assure their correctness.
9. Presence of appraisal activity – Reviews of transactions and internal control shall be
performed on an on-going basis for proper monitoring of adherence to prescribed policies
and procedures
10. Prompt resolution of audit findings – Officers shall promptly evaluate findings and
recommendations reported by auditors, determine proper actions in response to audit
findings and recommendations, and complete within established time frames all actions
that correct or otherwise resolve the matters to management’s attention.
1. Internal control must be attained at reasonable cost. Some necessary controls maybe
sacrificed to avoid additional costs in terms of personnel, time and materials,
2. Good internal control methods and measures are not foolproof. They are vulnerable to
collusion.
3. Strong internal controls are still subject to human fallibility such as negligence, errors in
judgment and lack of complete understanding;
4. Organizational changes may render internal control systems and manuals obsolete, and
5. The degree of compliance with internal control systems strongly influences their
effectiveness.
1. Misunderstanding of instructions
2. Mistakes in judgment
3. Personal carelessness
4. Distraction, personal problems or fatigue on the part of the person responsible for
performing a control procedure
5. Collusion among individuals, circumventing control procedures whose effectiveness
depends on segregation of duties, and
6. Management override of certain control policies and procedures
G. Control Environment
This sets the tone of the organization and is the foundation for all other components of controls.
The control environment includes the following
Integrity
Ethical Values
Competence of the entity’s people
Management philosophy and operating cycle
The way management assigns authority and responsibility
514
The way management organizes and develop its people, and
Attention and direction provided by senior management.
Some criteria in assessing whether or not the agency has put in place the foregoing factors
H. Risk Assessment
515
Impact customers have on the operations
Greater the impact – higher the risk of negative publicity or financial loss
There should be a clear set of operational objectives with appropriately linked sub-
objectives
The significant internal and external risks faced by the agency in the achievement of
its objectives should be identified and assessed
Objectives and related plans should include measurable performance targets, and
External and internal environment should be monitored to obtain information that may
signal a need to re-evaluate the objectives and/or controls.
I. Control Activities
These are the policies and procedures that help ensure that management actions identified to
assess risks are carried out. They help to ensure that necessary actions are taken to address risks.
They include measures to motivate staff as well as traditional financial, administrative and
procedural controls.
Are integral part of an entity’s planning, implementing, reviewing and accountability for
stewardship of government resources and achieving effective results.
V – Validity
A – Authorization
C - Completeness
A – Accuracy
516
List of Control Activities
Management should track major agency achievements and compare these to the plans,
goals and objectives established by the agency
Management should consider human capital as an asset rather than costs. Operational
success is possible only when the right personnel for the job are on board and are provided
with the right training, tools, structure, incentives, and responsibilities. Performance
evaluation and feedback, supplemented by an effective reward system, should be designed
to help employees understand the connection between their performance and the
organization’s success. Management should also consider how best to retain valuable
employees, plan for their eventual succession, and ensure continuity of needed skills and
abilities.
Management should establish physical control to secure and safeguard vulnerable assets.
These include security for and limited access to assets such as cash securities, inventories,
and equipment, which might be vulnerable to risk of loss or unauthorized use. It is also
important that these assets should periodically be counted and compared to control records
This control calls for comparisons and assessments relating difference sets of data to one
another so that analyses of the relationships can be made and appropriate actions taken. It
also aims to validate the propriety and integrity of both organization and individual
performance measures and indicators.
517
Segregation of duties
Key duties and responsibilities need to be divided or segregated among different people to
reduce the risk of error or fraud. This includes separating the responsibilities for
authorizing transactions, processing and recording them, reviewing the transactions, and
handling any related assets.
Transactions and other significant events should be authorized and executed only by
persons acting within the scope of their authority. This is the principal means of assuring
that only valid transactions to exchange, transfer, use or commit resources and other
events are initiated or entered into. Authorizations should be clearly communicated to
managers and employees.
Internal control and all transactions and other significant events need to be clearly
documented, and the documentation should be readily available for examination. The
documentation should appear in management directives, administrative policies, or
operating manuals and may be in paper or electronic form. All documentations and
records should be properly managed and maintained.
Policies designed to support the achievement of objectives and the management of its risks
should be established communicated and practiced so that people understand what is
expected of them and the scope of their freedom to act
The decisions and actions of different units of the agency should be coordinated, and
Control activities should be designed as an integral part of the agency taking into
consideration its objectives; the risks of their achievements and inter-relatedness of control
elements
518
J. Information and Communication
This component spans across all the other components of internal controls. These two elements
are related where information must be communicated up and down through the agency in a
manner and time frame that allow people to carry put their various responsibilities.
Information and communication processes consist of the methods and records established to
record, process, summarize and report agency’s data. They are used to identify the significant
classes of transactions and how they are initiated, processes, controlled, and reported.
Strategic and integrated system – By strategic means that management should consider the
planning, design and implementation of the information system as part of its overall
agency strategy. On the other hand, it should ensure that the automated information
systems is integrated with the other operations.
Quality of information – this pertains to the appropriateness, timeliness and availability,
correctness and accessibility of the information
Existence of appropriate channels of communication including interested parties outside
the agency
Communication process should support agency’s values and the achievement of its
objectives
Sufficient and relevant information should be identified and communicated in a timely
manner to enable people to perform their assigned responsibilities
Plans to guide efforts in achieving objectives should be established and communicated,
and
Information needs and related information system should be reassessed as objectives
change or as reporting deficiencies are identified.
K. Monitoring
This is the process put in place to assess the effectiveness of established internal control
components and to make corrective action when appropriate. Although this is a function of the
internal audit function of the agency, management has a responsibility to establish a variety of
monitoring activities to measure the effectiveness of its internal controls.
Internal control should generally be designed to assure that ongoing monitoring occurs in the
course of normal operations.
519
In includes regular management and supervisory activities, comparisons, reconciliation and other
actions people take in performing their duties.
Monitoring of internal control should include policies and procedures for ensuring that the
findings of audits and other reviews are promptly resolved.
Promptly evaluate findings from audits and other reviews including those showing
deficiencies and recommendations reported by auditors and others who evaluate agency’s
operations
Determine proper actions in response to findings and recommendations from audits and
reviews
Complete, within established timeframes, all actions that correct or otherwise resolve the
matters brought to management’s attention
Elements of Monitoring
Performance should be monitored against the targets and indicators identified in the
agency objectives and plans
The assumptions behind the agency objectives should be periodically challenged
Follow-up procedures should be established and performed to ensure appropriate change
action occurs, and
Management should periodically assess the effectiveness of controls and communicate the
results to which it is accountable.
L. Evaluation of ICS
The management of any organizations, be it private or public, has the responsibility in installing
the agency internal controls. Management must also evaluate internal controls to “provide a
framework for reviewing operating procedures”. In evaluating internal controls, management may
be able to identify procedural problems that underlie perceived symptoms of
inefficiencies/deficiencies and abuses.
The auditors, on the other hand, evaluate internal controls as a compliance with generally
accepted auditing standards to enable him/her to focus the audit on risk areas.
Organizational unit(s)
Financial statement accounts, and
Cycle/Process/System.
520
LTO Form 88
CONTROL ENVIRONMENT
522
QUESTIONNAIRES FC YES/NO REMARKS
REF. OR N/A
NO
523
QUESTIONNAIRES FC YES/NO REMARKS
REF. OR N/A
NO
4. Have employees been issued with guidelines
in relation to their authority levels?
Do check payments need a second
signature?
Do check-signing limitations exist?
5. Does management monitor the activities of
those employees who have been assigned
authority and delegated responsibility?
D. Competence of People
1. Do existing policies and procedures result in
recruiting and developing competent and
trustworthy people necessary to support an
effective internal control structure?
2. Do the personnel understand the duties and
procedures applicable to their jobs?
3. Is the turnover of personnel in key positions
at an acceptable level?
4. Do they undergo relevant training?
5. Is there proper supervision of less
experienced staff?
6. Are the mission, goals, and objectives of the
organization made clear to them?
7. Are manuals of operations made available to
them?
E. MONITORING
1. Is there an internal audit unit?
Does it regularly assess the effectiveness
of internal controls?
2. If there is not internal audit unit, who
evaluates the effectiveness of the controls?
F. CONTROL ACTIVITIES
Specific policies
1. Do specific authorization procedures exist
where transactions can only be examined on
an individual basis?
Are bad debts written off only after
proper authorization?
524
QUESTIONNAIRES FC YES/NO REMARKS
REF. OR N/A
NO
G. Proper documentation and records
1. Do documents and records provide an
adequate base for a transaction trail?
2. Where appropriate, are documents pre-
numbered?
3. Does adequate documentation exist for those
goods that have been returned to suppliers?
4. Are non-current assets recorded in a non-
current assets register and periodically
reconciled with the control account?
H. Control over access
1. Is there restricted access to the premises?
2. Is access to sensitive areas protected by
security devices?
3. Is there restricted access to an organization's
documents and records?
4. Is access denied to suspended or sacked
employees?
5. Do all assets carry some form of individual
identification?
I. Independent internal checks
1. Are independent checks carried out on the
following account balances?
Bank
Account receivable
Inventory
Non-current assets, and
Account payable
J. Cash Receipts
1. Does the organization structure provide a
clear-cut separation of cashiering function
from accounting function?
2. Are the employees of the cashier's office
denied access to, Is the collecting officer
closely supervised by a responsible officer of
the agency?
3. Are all accountable officers given
instructions regarding their duties and
responsibilities?
525
QUESTIONNAIRES FC YES/NO REMARKS
REF. OR N/A
NO
4. Do accountable officers keep a file of COA
and other circulars pertaining to their work?
5. Are the collecting officer and other
employees handling cash provided with safe?
6. If so, is the duplicate combination of the safe
filed with an authorized official?
7. Is the combination of the safe changed
whenever there is a change of custodian?
8. Is the cashier office amply protected against
intrusion by unauthorized persons?
9. Are all employees handling cash adequately
bonded?
10. If so, how much?
11. Are surprise cash counts frequently made by
department examiners?
12. Are official receipts booklets used? If so,
Are these pre-numbered?
Are the booklets issued in numerical
sequence?
Is the form of payment indicated in the
receipts?
Is the numerical sequence of issued
officials receipts and booklets checked by
the accounting department?
Is a register of forms maintained? If so, is
it kept up-to-date?
Are unused booklets physically
safeguarded? State how?
13. Are official receipts issued for every receipt
of payment?
14. Is it the practice of collecting officer not to
accept postdated checks payment of charges
or fees?
15. Is the cashing of checks from collections
prohibited? If not:
Is the prior approval or an authorized
person required before a check is cashed?
526
QUESTIONNAIRES FC YES/NO REMARKS
REF. OR N/A
NO
Are such checks deposited promptly?
16. Are collections deposited intact and as
frequently as required by regulations?
17. Is the person making deposit escorted by
armed guards and provided with
transportation facilities?
18. Are all checks endorsed for deposit and
deposited in appropriate banks?
19. Are items of deposits subsequently
dishonored by the Bank/Treasury promptly
adjusted in the collecting officer's records?
20. Are both the totals and details of bank
authenticated duplicate deposit slip matched
by the accounting department against the
corresponding official receipts?
21. Are totals of bank-authenticated deposit slips
compared with the debit to respective bank
accounts in the book of original entry?
22. Are all cash funds and cash receipts in the
debit to respective bank accounts in the book
of original entry?
23. Are acknowledged deposits or deposits in
transit invariably cleared the following
month?
24. Are collection and deposits recorded daily in
the cash book?
25. Is the cash book balance compared daily with
the cash on hand?
26. Are collection reports submitted regularly to
the accounting division?
27. Is reconciliation made monthly of the
collecting officer's book balance and the
accounting subsidiary ledger balance?
K. Mail Remittance
Is the mail opened by an employee who is
independent of either cashier's office and the
accounting office?
1. Are mail remittances recorded or listed by
the person opening the mails?
527
QUESTIONNAIRES FC YES/NO REMARKS
REF. OR N/A
NO
2. If so, is the record or list given to someone
other than the collecting officer for follow-up
to see that all remittances have been
receipted for an deposited?
3. Is the foregoing information considered
adequate as basis for our evaluation of
internal control—in that there are no other
additional auditing procedures, accounting
controls or other circumstances that mitigate
weaknesses indicated above, or in that there
are no other circumstances that impair any
control?
List down any additional controls and/or
weaknesses not covered by the foregoing
and/or answers:
L. Disbursements
1. Are all payments except petty cash fund
disbursements and payroll made by checks?
2. Are checks pre-numbered?
3. Are checks issued in numerical sequence?
4. Is the stock of unused checks accessible only
to the custodian and to those who prepare
and sign checks?
5. Are all checks drawn countersigned by
another responsible officials?
6. Is the bank furnished of the name and
specimen signatures of officials authorized to
sign checks?
7. Is the signing of checks limited to officers or
employees who have no access to accounting
records or to cash?
8. Are all checks for signature and
countersigned always accompanied by
approved voucher and supporting
documents?
528
QUESTIONNAIRES FC YES/NO REMARKS
REF. OR N/A
NO
9. Are disbursements vouchers, supporting
and account distribution reviewed by an
authorized accounting staff? If so, is the
covering voucher signed by the person
who made the review?
10. Are Dvs and other supporting documents
reviewed by at least one signatory
preparatory to the signing of the check?
11. Is the signing and countersigning of
checks in advance or in blank prohibited?
12. Is the drawing of checks to cash or bearer
(except for revolving funds
replenishments and total payroll)
prohibited?
13. Are voided or spoiled checks, all
properly cancelled and held available for
subsequent inspeciton?
14. Are the supporting documents all
stamped “Paid” or marked with similar
indications immediately after the check is
signed to prevent their possible reuse?
15. Are checks drawn recorded promptly?
16. Is the payee's signature or receipt secured
before the check is delivered?
17. Are Bank accounts reconciled at least
once each month?
18. Are bank statements and paid checks all
sealed by the bank and delivered directly
to the person preparing the
reconciliation?
19. Is the reconciliation done by an employee
whose duties do not involve:
Signing the checks?
Recording cash transactions?
Handling cash?
20. Does the person who reconciles bank
accounts: account for all check numbers,
examine signatures, endorsements
payee's name and date and compare with
the records?
529
QUESTIONNAIRES FC YES/NO REMARKS
REF. OR N/A
NO
21. Are checks bearing improper
endorsements returned to the bank for
corrections?
22. Are long outstanding checks properly
followed and controlled?
23. Are “stop payments” on outstanding
checks properly controlled?
24. Are reconciling items systematically
followed up and promptly cleared?
By currency:
25. Are those give cash advances duly
designated as disbursing officers and
adequately bonded?
26. Are all advances properly authorized and
not excessive in amount?
27. Are all previous advances liquidated
before a new cash advance is given?
28. Are advances liquidated by the officials
within a reasonable time after the purpose
of such advances has been accomplished?
29. Are cash payments always supported by
approved vouchers and supporting
documents?
30. Are expense vouchers and supporting
documents stamped “Paid” to prevent
their possible reuse?
31. Are entries in the cash up to date?
32. Are reports of disbursements regularly
submitted?
33. Are subsidiary records for cash advance
kept and reconciled with the control
account periodically?
34. Is there conformation of outstanding
balances at least once a year?
530
QUESTIONNAIRES FC YES/NO REMARKS
REF. OR N/A
NO
35. Is the foregoing information considered
adequate as basis for our evaluation of
internal control—in that there are no
other additional auditing procedures,
accounting controls or other
circumstances that mitigate weaknesses
indicated above, or in that there are no
other circumstances that impair any
control?
531
QUESTIONNAIRES FC YES/NO REMARKS
REF. OR N/A
NO
12. Is the foregoing information considered
adequate as basis for our evaluation of
internal control—in that there are no
other additional auditing procedures,
accounting controls or other
circumstances that mitigate weaknesses
indicated above, or in that there are no
other circumstances that impair any
control?
N. Account receivables
1. Are credit extended only with the
approval of responsible officials?
2. Are receivables supported with
documents to justify claim against
debtors?
3. Are bills reviewed and checked by the
accounting division?
4. Are billing documents properly
approved?
5. Are forms used in billing pre-numbered?
6. Are bills numerically accounted for and
properly recorded?
7. Are voided bills cancelled and preserved
for reference?
8. Are bills properly filed and controlled to
prevent loss and tampering?
9. Are subsidiary ledgers maintained?
10. Are subsidiary ledgers regularly balanced
with the contolling accounts?
11. Are receivables aged periodically?
12. Are delinquent accounts periodically
reviewed by proper officials
13. Are statements of accounts regularly sent
to all debtors?
532
QUESTIONNAIRES FC YES/NO REMARKS
REF. OR N/A
NO
14. Are the statements prepared or checked
by someone no having access to the cash
receipts journal or accounts receivable
credits?
15. Are statements mailed by someone other
than the account receivable bookkeepers?
16. Are statements controlled to prevent
interception prior to mailing?
17. In case of differences reported, are the
difference promptly acted upon and
corrected?
18. Are uncollectible accounts write-offs
approved by proper official?
19. Is a record maintained of accounts
written off?
20. Are credit adjustment approved by a
proper officials?
21. Are accounts with credit balances
investigated, adjusted, or otherwise
settled?
22. The approval of an unauthorized official
a pre requisite to the payment of an
account receivable credit balance?
23. Are duties of accounts receivable clerk
divorced from any cash function?
24. Are account receivable bookkeepers
rotated on their jobs?
25. Is there confirmation of accounts at least
once a year?
26. Is the foregoing information considered
adequate as basis for our evaluation of
internal control—in that there are no
other additional auditing procedures,
accounting controls or other
circumstances that mitigate weaknesses
indicated above, or in that there are no
other circumstances that impair any
control?
533
QUESTIONNAIRES FC YES/NO REMARKS
REF. OR N/A
NO
List down any additional controls and/or
weaknesses not covered by the foregoing
and/or answers:
534
QUESTIONNAIRES FC YES/NO REMARKS
REF. OR N/A
NO
P. Miscellaneous Liabilities and Deferred
Credits
1. Are there adequate subsidiary records for
miscellaneous deposits, deferred
collections, trust liabilities and
miscellaneous liabilities and credits?
2. If so, are they periodically reconciled
with the control account?
3. Are miscellaneous liabilities and credits
occasionally confirmed?
4. Are there written instructions governing
miscellaneous deposits, if so, are they
strictly followed?
5. Is there adequate review of the transfer of
deferred credits to income, to income
accounts?
6. Is it the tendency of the balances of
undistributed collection to decrease in
amount?
7. Is the foregoing information considered
adequate as basis for our evaluation of
internal control—in that there are no
other additional auditing procedures,
accounting controls or other
circumstances that mitigate weaknesses
indicated above, or in that there are no
other circumstances that impair any
control?
Q. Payroll
1. Is a personnel division maintained? If so,
Do all hiring, changes in rates,
dismissals and resignations pass
through this division?
Does the division kept a complete and
up to date record of personnel and
rates?
Are resignations immediately
reported to the Accounting Division?
2. Are time record books properly
safeguarded or controlled to avoid
alterations?
535
QUESTIONNAIRES FC YES/NO REMARKS
REF. OR N/A
NO
3. Is the total time worked by each
employee approved by an authorized
official?
4. Are payrolls prepared by persons
independent of those who the paying?
5. Is the time worked by each employee as
stated in the payroll always checked
against official time record book?
6. Is a permanent and up to date record kept
of each employee showing all
information needed in the verification of
payroll?
7. Are changes in rates and additions of
persons to payrolls always verified
against written authority or new
appointments?
8. Are accumulation of payroll date,
computation of individual pay and
summarization of the total payroll
rechecked by another employee before
payment?
9. Are officers and employees required to
acknowledge receipts of their salary pay?
10. Is it the practice of employees to sign the
payroll only at the time payment?
11. Are the acknowledgement signatures
compared with those in the personnel file
by a person not connected with the
preparation and disbursement of the
payroll?
12. If certain officers and employees are paid
by checks:
Are individual payroll check signed
by one who does not participate in
Preparation of the payroll?
Preparation of the payroll check?
Recording of payroll transactions in
the books of accounts?
13. If an employee cannot collect his pay
personally, is his written authority always
required before allowing another person
to collect it for him?
536
QUESTIONNAIRES FC YES/NO REMARKS
REF. OR N/A
NO
14. Are applicable legal requirements
(withholding tax, GSIS, and Medicare
premiums, etc.) complied with?
15. Are unclaimed wages deposited and
liability set up within a reasonable time?
16. Is authority secured first before any
overtime work is rendered?
17. Are salary index cards for all employees
maintained?
18. If so, are postings there up to date?
19. Is the foregoing information considered
adequate as basis for our evaluation of
internal control—in that there are no
other additional auditing procedures,
accounting controls or other
circumstances that mitigate weaknesses
indicated above, or in that there are no
other circumstances that impair any
control?
537
LTO Form 89
Sir/Madam:
This is to inform you that per records of this Office the taxes due on the real property/ies described hereunder as of _____________ amount to
P_____________.
Name of Location Tax Dec. ASSESSED VALUE Annual Year BASIC SEF Grand
Declared (Number No/ARP Land Imp. Mach Tax Tax Discount Interest Sub-total Tax Discount Int. Sub-total Total
Owner & Street No. . (9-10)C (9-10)C (12=16)
of Brgy) (9-11)P (9-11)P
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17)
TOTAL
NOTE:
1. Kindly inform this office of any error or omission that you may have discovered in this Bill.
2. Please present this Bill to this Office when payment is made
3. Payment of the said taxes/discounts/interest is up to ____________________.
4. Failure to pay the aforementioned real property taxes within twenty (20) days from receipts hereof of will force this office to apply the remedial measures
provided under Sec. 256 of R.A. 7160 to enforce collection of the same
5. Please disregard this Bill in case you have paid your taxes. Very truly yours,
Legend:
C - Current Year CITY/MUNICIPAL ACCOUNTANT
P - Previous Year
538
FORM TITLE : REAL PROPERTY TAX BILL
PREPARED BY : Billing Clerk, Municipal/City
FREQUENCY : Annually
Current Year - Before end of 1st Quarter
Previous Years - Before end of the 2nd Quarter
NO OF COPIES : three (3)
PURPOSE OF FORM 1. To inform the taxpayer of his current tax (for up-to-date
taxpayer) and of his delinquent taxes (for delinquent taxpayer)
which he has to pay within a specified period of time.
2. To indicate breakdown of his –
(a) Up-to-date
(b) delinquent
Current year tax - Delinquent tax -Tax Discounts - Interest
3. To record the owner of the possible consequences of failure to
settle tax obligations
INSTRUCTIONS:
1. Look into the RPTAR of up-to-date/delinquent accounts filed alphabetically
2. Prepare the Real Property Tax Bill.
a. Assign RPTB Number.
b. Enter the date when the bill is prepared
c. Indicate the name of owner and mailing address
d. Indicate date when the computation of tax, tax discounts and interest in unpaid tax
was made.
e. Indicate the total amount of taxes billed on the line provided for the same
3. Make appropriate entries in the following Columns:
1. Indicate the name of the owner
2. Indicate Location
3. Enter the Tax Declaration No. (TD No.)
4. Enter the amount of the RPU as the Bill
5. Land, Improvement, Machinery
6. Enter the Annual Tax
7. Indicate the tax year
BASIC
8. Enter the tax (for up-to date)
9. Enter the tax (for up-to-date)
10. Enter the tax discount (property owner)
11. Enter the interest(for delinquent taxpayers)
12. Enter the difference of the tax and tax discounts (Up-to-date) Enter the sum of the
tax and interests (Delinqunet)
SEF
13. Enter the tax (for-up-to-date)
14. Enter the tax discount (property owner)
15. Enter the interest ( for delinquent taxpayer)
16. Enter the difference of the tax and tax discounts (Up-to-date) Enter the sum of the
tax and interests (delinquent)
17. Enter the sum of Columns 12 and 16
539
LTO Form 90
BARANGAY
ASSESSED BASIC SEF
Grand
Tax Name VALUE
Mailing Classification Annual Total
No. Dec. of Land Imp. Mach Year Tax Penalty Sub- Tax Penalty Sub- Remarks
Address of Property Tax (13-
No./AR Owner total total
16)
(11+12) (14+15)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18)
TOTAL
______________________________
___________________________________
CITY/MUNICIPAL TREASURER
540
FORM TITLE : Certified List of All Real Property Tax Delinquencies
PREPARED BY : Records Clerk, Municipal/City Treasurer’s Office
FREQUENCY : Yearly, before the end of December
NO. OF COPIES : four (4)
PURPOSE OF FORM
a. To record all pertinent information on individual real property unit (i.e., owners name,
mailing address, location of property).
b. To reflect each real property unit’s assessed value as well as the owner’s taxes due for
a particular year.
c. To reflect the total number of owners of delinquent real properties as well as the total
tax collectibles in each barangay.
d. To provide data for the identification of real property units to be subject for remedial
measures.
RECIPIENTS:
Original copy – Local Sanggunian
Duplicate copy – Provincial Treasurer’s Office (In case of __________? Mun. Treasurer’s
Office)
Third copy – Barangay Captain
Fourth copy – Office
INSTRUCTIONS:
Column:
1. Enter the name of the Municipality/city/Barangay as well as the year on the lines
provided in the upper portion of the list
2. Assign a number for each property owner irrespective of the number of real property
units he/she has in the barangay;
3. Indicate the name of property owner
4. Indicate the mailing address of the property owner
5. Indicate the location of the real property unit
6. enter the assessed value of
7. the real property unit as to kind
8. land, improvement, machineries
9. Enter annual tax
10. Enter the tax year
BASIC
11. Enter the basic tax
12. Enter penalty
13. Enter the sum of columns 11 and 12
SEF
14. Enter the SEF tax
15. Enter the penalty
16. Enter the sum of columns 14 and 15
17. Enter the sum columns 13 and 16
Whenever payment is made, the records clerk should draw a red line across the number assigned
to the property owner (column 1 up to column 17). Under the column Remarks, the official
receipt number and date of issue should be entered by the records clerk.
541
LTO Form 91
REPUBLIC OF THE PHILIPPINES
Prov/City/Mun. (MMA) of _______________________
Date ______________
Mr/Ms.____________________________
Address____________________________
Dear Sir/Madam:
In compliance to the requirement of Sec. 254 of R.A. 7160 (local Government Code of
1991) you are hereby informed of the tax delinquency on your property described as follows:
Residential/Commercial/Industrial/Educational
Land_____________________________
Improvement______________________
Machinery _______________________
Total ________________________
For the year(s) in the total amount of P ________________ including penalties computed as
follows:
In case any of the above stated taxes has already been paid, please furnish us with the
number of the official receipt and the date of payment or Xerox copy of your receipt, otherwise
we shall appreciate very much your early remittance of the aforestated total amount of P
___________. If after fifteen (15) days from your receipt hereof you failed to remit or pay the
said amount, the remedies provided for under the law for the collection of delinquent taxes, shall
be applied to enforce collection.
_____________________
PROVINCIAL/CITY/MUN.
TREASURER
542
LTO Form 92
REPUBLIC OF THE PHILIPPINES
Prov./City/Mun. of _______________________
WARRANT OF LEVY
(Pursuant to Section 258 of LGC)
Date:_______________________
Mr./Ms.__________________________
_________________________________
Sir/Madam:
On the basis of the records of this Office, the undersigned hereby certifies that the
following described real property/properties., is/are delinquent in the payment of real property
taxes for the year/s and in the amount/s indicated, hereunder:
__________________________________
(Provincial/City/Municipal Treasurer)
ACKNOWLEDGEMENT:
Date:______________________
Signature : ________________________
Printed Name ________________________
Property Owner/Administrator or Representative
Cc:
Provincial/City/Municipal Assessor
543
LTO Form 93
_________________________________________
NOTICE OF LEVY
Sir/Madam:
Please take notice that a Warrant of Levy, copy hereto attached has been issued pursuance
to the provision s of Section 258 of the Local Government Code of 1991 (R.A. 7160) and served
upon Mr/Ms _____________________ of ________________________, as
owner/administrator/mortgagor/leases of the real property/ies described as follows:
_____________________________
(PROVINCIAL/CITY/MUN.
TREASURER)
544
LTO Form 94
REPUBLIC OF THE PHILIPPINES
Prov/City/Mun of _____________________
NOTICE OF PUBLICATION AND AUCTION SALE
Date ___________________________
Mr/Ms ______________________________
____________________________________
Sir/Madam:
Records in this Office show that in spite of our letter to you dated ______________,
19_________, the delinquent realty taxes due on your property described hereunder have
remained unpaid:
Lot No. ________________; Block No. _______________________:
TD No./ARPN ____________________________
Location ___________________________________________
Area __________________sq. m/ha.
Assessed Value
Land __________________________
Improvement ___________________________
Machinery ___________________________
Total ___________________________
Because of said tax delinquency, your property is now included in the list of delinquent
real property which will be published in the (name of newspaper) a newspaper of general
circulation in the Prov/City/Municipality of _____________ pursuant to Sec. 260 of R.A. 7160
(Local Government Code of 1991), once a week for three (3) consecutive week on the dates of
_____________, and _____________, after which the property will be sold at public auction on
_____________________, 19_______________; otherwise, we will proceed with the publication
preparatory to auction sale. Thereafter, you will be required to pay the costs thereof in the amount
of P __________ in addition to the total amount due as taxes and penalties.
It is therefore, urged that you pay the delinquent taxes and penalties as soon as possible
but not later than __________, 19__ to avoid the inclusion of your name in the publication and
the additional charged for the costs, the eventual sale of your property at public auction.
In case payment/s for any of the above stated taxes has/have been made already, please
furnish us with the number of the official receipt and date of payment or Xerox copy thereof in
order that the same could be reflected in your record, if omitted or neglected; otherwise we shall
consider you to have confirmed our statement of your tax liability.
_____________________________
(PROVINCIAL/CITY/MUN.
TREASURER
545
LTO Form 95
REPUBLIC OF THE PHILIPPINES)
Prov/City/Mun of _____________________)S.S.
PROOF OF SERVICE
OF “NOTICE OF PUBLICATION AND AUCTION SALE”
3. That as proof thereof, he/she has affixed his/her signature at the bottom of the
attached notice as admission of such serve;
OR
4. That she/he was out then, I left a copy thereof to a certain Mr/Ms
____________________, a person of sufficient discretion found in his/her
residence/office who signed/refused to sign the acknowledgement of receipt.
_____________________________
(PROVINCIAL/CITY/MUN. TREASURER)
(or Officer Authorized to Administer Oath)
546
LTO Form 96
REPUBLIC OF THE PHILIPPINES
Prov/City/Mun (MMA) of _____________________
Office of the Provincial/City/Mun. Treasurer
I HEREBY CERTIFY THAT after having been advertised for sale in accordance with
Section 260 of R.A. 7160 (Local Government Code of 1991) and subject to the conditions set
forth therein, the delinquent real property (land, machiner/improvement) described as follows:
Has been sold at the public auction held today at the (place) to
Mr/Ms________________________ a citizen of the Philippines, of legal age, single/married to
____________________________________ and a resident of ________________being the
highest bidder thereof, for the total consideration of __________________________ payment of
which is hereby acknowledge to have been received from him/her as for Official Receipt NO.
______________ dated __________. 19__, sufficient to satisfy the amount of taxes, penalties and
costs due thereon itemized as follows:
Taxes : ___________________________
Penalties : ___________________________
Cost of Sale : ___________________________
Total ___________________________
BOUNDERIES:
North ____________________________; South ______________________.
East _____________________________; West _______________________.
Attested:
______________________________
Prov./City/Mun. Treasurer
_____________________________
(PROVINCIAL/CITY/MUN. TREASURER)
(or Officer Authorized to Administer Oath)
547
LTO Form 97
REPUBLIC OF THE PHILIPPINES
Prov./Mun./City of ______________________
CERTIFICATE OF REDEMPTION
Date ______________________
This is to certify that the real property (land, machinery, and/or improvement) described as
follows:
Declared Owner ___________________________
TD No./ARPN__________________: Area _______________sq.m./ha
Location __________________________________________________
Lot No. _________________________: Block No._________________
Assessed Value:
Land P____________________
Machinery ____________________
Improvement ____________________
Prov’l/mun./City Treasurer
Copy furnished: Mr./Ms. (purchaser)
Note: The municipal treasurer refers to the Municipal Treasurers in municipalities within Metro Manila Area which do not belong to any province.
548
LTO Form 98
REPUBLIC OF THE PHILIPPINES
Prov./Mun./City of ______________________
NOTICE OF REDEMPTION
Mr./Ms. ____________________________
___________________________________
Sir/Madam:
I have the honor to inform you that the real property ( ) land, ( ) machinery and/or ( )
improvement described as follows:
Declared Owner: _______________________________
TD No./ARPN _________________:Area ____________sq./m/ha.
Location ______________________________________________
Lot No. ______________________; Block No. _______________
Assessed Value
Land ________________________
Machinery ________________________
Improvement ________________________
which you purchased for the price of P ____________ at the public auction conducted by this
Office on __________________ upon payment of the total amount of P___________ as
redemption cost acknowledge under Official Receipt No. ___________ dated
________________, ______________, was redeemed on ________, _____________, pursuant to
Sec. 261 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991. By
virtue of the said redemption, the Certificate of Sale issued to you on _________, __________, is
hereby invalidated.
It is requested that the Official Receipt No. __________ be returned to this Office at your
earliest convenience, duly endorsed by signing your name at the backside thereof, together with
the original of the Certificate of Sale if still in your possession or, if already registered, a
certification by the Register of Deeds of the concerned locality that the same is now on file with
said office, so that the amount of P ________ covered thereby may be refunded to you with the
corresponding accrued interest.
Prov./mun./city Treasurer
Enclosed : Copy of Certificate of Redemption
Date _______________________
549
LTO Form 99
REPUBLIC OF THE PHILIPPINES
Prov./Mun./City of ______________________
Office of the Treasurer
FINAL DEED TO SALE
WITNESS:
____________________________________ ________________________
Municipal/city Treasurer Provincial Treasurer
____________________________________ ________________________
Municipal/city Assessor Provincial Assessor
____________________________________ ________________________
Municipal/city Secretary S.B./SP Provincial Secretary, S.P.
____________________________________ ________________________
Municipal/city Mayor Provincial Governor
550
REPUBLIC OF THE PHILIPPINES)
_____________________________) S.S.
______________________________
Notary Public
My commission expires on December 31, 20______
551
LTO Form 100
COMPROMISE AGREEMENT
WITNESSETH:
That the PARTY OF THE SECOND PART is/are/owner(s) of real property, delinquent
on realty tax located at barangay _______________________ Municipal/City, Province of
___________________ which property of properties is/are described as follows:
C.T. No. TAX DEC. No. Lot No. Location Assessed Value
_________ _____________ __________________ __________________
_________ _____________ __________________ __________________
That the PARTY OF THE SECOND PART voluntarily agreed to pay ____________ of
the total delinquent taxes due on the above-described property/properties upon the execution of
this agreement and the remaining balance in installment of equal amount within a period of
________________ months from the date of this agreement without necessity of demand, to the
PARTY OF THE FIRST PART, in the following manner:
That in case of default of the PARTY OF THE SECOND PART in settling in full the
obligation within the stipulated period, the PARTY OF THE FIRST PART shall have the right
over the above described property/properties, together with all the existing improvements thereon,
to sell at public auction in accordance with the provisions of R.A. 7160.
552
LTO Form 101
BLGF Form No. ______________________
Date_________________
Sir/Madam:
Please be informed that this Certificate of Tax Credit No. _______________ in the
amount of ___________________, is issued on even date in your favor, covering
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____________________________________________.
It is further informed that this tax credit may be applied to future payments of the taxes
due on the real property described hereunder:
Name of Declared
Owner:____________________________________________________________
Kind:_________________________________________Classification ____________________
Location_______________________________________________________________________
Barangay Municipality/City Province
___________________________
Provincial/City/Municipal Treasurer
553
LTO Annex 102
SAMPLE CASES OF THE ALLOCATION OF GROSS SALES FOR THE SITUS OF TAX
MI M2 M3
(BI) (P)
M4 M5 M6
(B2)
One hundred percent (100%) of gross sales in Municipality 1 where Branch 1 is located
shall be allocated in that Municipality and the tax shall accrue to Municipality 1. The rule shall
apply to B2 on sales in M6. All sales of the business establishment in M2, M3, M4 and M5 shall
be allocated to the principal office in M3 and the business tax shall accrue to that municipality.
554
MI M2 M3
M4 M5 M6
Case 2: A principal office (P) located in Municipality 3, with branches located in Municipalities 1
and 6, factory (F) and the warehouse (W) located in Municipality 4 and a plantation (L) and
warehouse (W) in Municipality 2.
One hundred percent (100%) of gross sales in municipalities M1 and M6 where the
branches are located shall
Accrue to the municipalities where the branches are located, respectively. The gross receipts in
municipalities M2, M3, M4 and M6 shall be taken up in Municipality 3 where the principal office
is located. The said gross receipt shall be located as follows:
30& to Municipality 3 where the principal office is located
60% of the remaining 70% to Municipality 4 or where the factory is located. Municipality
3 shall not be entitled to a share for the location of a warehouse. It can be entitled to a
share if and only if the warehouse is also a branch or sales office, meaning the warehouse
and conduct sales
40% of the remaining 70% to Municipality 2 where the plantation is located
Municipality 5 has no share.
555
M2 M3
M1 (B) M7
(L) (L) M8 M9
(L) (F)
(E) (P)
M4 M5 M6 M10 M11
(F) (W) (B) (PL) (W) (PL) (D) (B)
Case 3: Consider the above diagram on two islands where a big business firm operates the
following:
Principal Office (P) in M3
Branches/Sales Office (B) in M1, M5 and M11
Factories (F) in M4 and M7
Plantations (L) in M1, M2 and M3
Warehouse (W) in M4 and M10
Display Center (D) in M11
Port of Loading (PL) in M6 and M10
Experimental Farm (E) in M2
Sales Allocation
Sales in the Municipalities where the branches are located shall be 100% allocated to M1,
M5 and M11, respectively.
All sales outside the municipalities where the branches are located shall be recorded in the
principal office and consequently allocated as follows:
556
REFERENCES
1. The Local Government Code of 1991, Annotated, Jose A. Nolledo, 1993 Reprint with
August 1993 Addendum;
4. Real Property Taxation, Annotated, Atty. Florecita P. Flores and Antonio A. Avila,
Jr., First Edition, 2002;
5. Local Taxation and Fiscal Matters, Book II, LGC of 1991, PACTAA, Inc., 1992;
10. State Audit Code (Government Auditing Code of the Philippines or PD 1445),
Reprinted 1999, Accounting and auditing Development Office, Commission on Audit
(COA);
14. Manual on the New Government Accounting System (NGAS) for Local
Government Units, Vol. I – III, Professional Development Center, COA, 2002;
15. Updated Description of Accounts under the NGAS (COA Circular No. 2004-008),
Sept. 20, 2004;
18. Updated Budget Operations Manual (UBOM) for Local Government Units,
Department of Budget and Management (DBM), June 2005;
19. Management Services, Part II, 2nd Ed., Nenita Angeles Deaño-Mejorada, 1993;
20. Manual on Certificate of Settlement and Balances, Revised 1993, COA, 1993;
21. Rules Implementing the Barangay Micro-Business Enterprises (BMBE Act of 2002
or RA 9178), Department of Finance (DOF) Order No. 17-04;
26. Revenue Audit Manual for Local Governments, Vol. I, COA, 1997;
28. BLGF Circulars, Memoranda, Circular Letters, Opinions, and Rulings, various
years;
558