08 BLGUMAGSAYSAYHILL 2022 AAR Part2 Findings and Recommendations
08 BLGUMAGSAYSAYHILL 2022 AAR Part2 Findings and Recommendations
08 BLGUMAGSAYSAYHILL 2022 AAR Part2 Findings and Recommendations
1.1 Section 124, Volume I of the Manual on the New Government Accounting
System (MNGAS) for LGUs provides that:
Physical count of property, plant and equipment shall be made annually and
reported in the Report of the Physical Count of Property, Plant and Equipment
which shall be submitted to the Auditor concerned not later than January 31 of
each year.
1.2 Moreover, Sections 7.1.18 and 7.1.19, Chapter VII, of the Manual on the
Financial Management of Barangays provide the following:
The Barangay Treasurer (BT) shall act as the Property Officer of the barangay
and shall be responsible for the receipt, custody, issuance and physical
inventory of barangay property, except for the buildings and other physical
structures which shall be under the accountability and responsibility of the
Punong Barangay (PB)…
1.3 Inquiry from the concerned barangay officials disclosed that they did not
conduct the required annual physical count of Property, Plant and Equipment
thus, the corresponding inventory report were not prepared and no basis for
reconciliation with accounting records. This is despite the consistent issuance
of audit observation by the Audit Team on the matter and prior years’
recommendations.
17
1.4 The conduct of physical inventory of PPEs is an indispensable procedure to
ensure that adequate control is adapted in the safeguarding of assets and that
the integrity of property custodianship is ensured. The continued inability of
the concerned barangay officials to conduct physical inventory impairs the
Management’s assertion on the completeness, existence, accuracy and
condition of said barangay properties.
2. No Land account is recorded in the books of the BLGU due to the absence of
proof of ownership of the land where various barangay infrastructures were
erected or constructed contrary to Section 2 of PD No. 1445, thereby exposing
the BLGU and its properties to risks associated with adverse legal claims in the
future.
2.1. Section 39(2) of PD No. 1445 provides that: “In the case of deeds to property
purchased by any government agency, the Commission shall require a
certificate of title entered in favor of the government or other evidence
satisfactory to it that the title is in the government”
18
improper disposition, with a view to ensuring efficiency, economy and
effectiveness in the operations of government. The responsibility to take care
that such policy is faithfully adhered to rests directly with the chief or head of
the government agency concerned.
2.3. Further, Section 148 of COA Circular No. 92-386 dated October 20 1992 states
that, “Every local chief executive shall be immediately responsible for the
proper and effective use and management of real estate owned or titled in the
name of the local government unit. He shall ensure that all real estate under
his responsibility are registered, under the Torrens Title System and
safeguarded from squatters, unlawful occupants or the like.”
2.4. Review of the financial reports disclosed that the Barangay does not account
for any Land in its Statement of Financial Position although several
structures/properties were already constructed and reported by the BLGU as
this was not yet covered by a certificate of title in the name of the barangay.
Thus, the legal ownership on the barangay lot could not be ascertained which
may expose the property from adverse claims in the future.
2.5. We recommended that the Punong Barangay and the concerned barangay
officials facilitate the titling of land owned/used by the Barangay in
coordination with the concerned government agencies to secure
ownership/rights of the Barangay and include in the Annual Budget the
cost of processing the transfer of land title.
3.2 Moreover, Section 111 of P.D. 1445 provides that the accounts of the agency
shall be kept in such details as necessary to meet the needs of the agency and
at the same time be adequate to furnish the information needed by the fiscal or
control agencies of the government.
3.3 Our review of the submitted financial statements of BLGU Magsaysay Hill
disclosed negative/abnormal balances of P500.01 which could be attributed to
19
improper recording of transactions and non-monitoring/non-reconciliation of
balances. Details are as follows:
Declaration of Policy. It is the declared policy of the State that all resources of
the government shall be managed, expended or utilized in accordance with law
and regulations, and safeguarded against loss or wastage through illegal or
improper disposition, with a view to ensuring efficiency, economy and
effectiveness in the operations of government. The responsibility to take care
that such policy is faithfully adhered to rests directly with the chief or head of
the government agency concerned.
4.2 Relative to this, COA Circular No. 2016-005 dated December 19, 2016 was
issued to provide the Guidelines and Procedures on the Write-off of Dormant
Receivable Accounts, Unliquidated Cash Advances, and Fund Transfers.
Sections 8.2 and 8.3 of the said Circular provide that:
8.2 The Head of the government entity shall file the request for authority
to write-off dormant receivable accounts… to the COA Audit Team
Leader (ATL) and/or Supervising Auditor (SA). No filing fee is
required.
4.3 Review of the Notes to Financial Statements of the barangay disclosed the
following balances of Other Receivables account as at December 31, 2022:
20
4.4 We recommended that Management prepare the necessary documents to
support the validity of its claim and require the collection of receivables
from the concerned agencies, otherwise initiate the filing of request for the
write off of dormant receivable accounts by securing the necessary
documents as per Section 8 of COA Circular No. 2016-005 dated
December 19, 2016.
5.2. Moreover, Section 111 of P.D. 1445 provides that the accounts of the agency
shall be kept in such details as necessary to meet the needs of the agency and
at the same time be adequate to furnish the information needed by the fiscal or
control agencies of the government.
5.4. Furthermore, COA Circular No. 2015-009 dated December 1, 2015 prescribes
the adoption of the Revised Chart of Accounts (RCP) for Local Government
Units. Page 45, Annex B of the Circular provides the use of the following
accounts:
21
Account Title Construction in Progress - Infrastructure Assets
Account Code 1-07-10-020
Normal Balance Debit
Description This account is used to record the accumulated cost or
other appropriate value of infrastructure assets which are
still in the process of construction or acquisition. Credit
this account for reclassification to the appropriate
Infrastructure Asset account upon completion.
5.5. Review of the detailed Statement of Financial Position for the year ended
December 31, 2022 disclosed that the Barangay reported Construction in
Progress - Land Improvements, Construction in Progress - Infrastructure
Assets and Construction in Progress- Buildings and Other Structures
amounting to P96,590.00, P2,657,660.68 and P306,816.00, respectively. These
amounts were not reclassified to the appropriate Infrastructure Assets accounts
despite submission of Certificate of Completion to every completed project.
22
previous cash advance given to him is first settled or a proper accounting
thereof is made.
6.2 Moreover, pertinent provisions of COA Circular 97-002 dated February 10,
1997 provide the following guidelines in the granting, utilization and
liquidation of cash advances:
4.1.3 A cash advance shall be reported as soon as the purpose for which it
was given has been served.
5.1 The Accountable Officer shall liquidate his cash advance as follows:
5.1.1 Salaries, Wages, etc. – within 5 days after each fifteen (15)
day/end of the month pay period.
5.1.3 Official Travel – within sixty (60) days after return to the
Philippines in case of foreign travel or within thirty (30) days after
return to his permanent official station in the case of local travel,
as provided for in EO 248 and COA Circular No. 96-004.
5.7 When a cash advance is no longer needed or has not been used for a
period of two months, it must be returned or refunded immediately to the
Collecting Officer.
5.8. All cash advances shall be fully liquidated at the end of each year.
Except for petty cash fund, the Accountable Officer shall refund any
unexpended balance to the Cashier/Collecting Officer who will issue the
necessary official receipt. (emphasis supplied)
23
Account Title 2022
Advances
Advances for Officers and Employees 14,730.00
Total 14,730.00
7.1. Section 4(6) of PD No. 1445 requires that: “Claims against government funds
shall be supported with complete documentation.”
7.3. Audit of disbursement vouchers disclosed that the BLGU procured and issued
various supplies and materials aggregating to P673,514.47 for CYs 2020-2022.
However, the issuances were not properly supported with Requisition and
Issuance Slips (RISs) and photographs, thus proper accounting was not
facilitated.
8. The BLGU did not deduct the five percent (5%) withholding tax on its
payments of electricity expenses to NUVELCO for CYs 2020-2022 totaling
P243,681.48 contrary to BIR Revenue Memorandum Order No. 23-2014, hence
depriving the government of the accrual and use of its rightful income.
24
8.1. BIR Revenue Memorandum Order (RMO) No. 23-2014 was issued to clarify
and consolidate the obligations of the public sector as withholding agents on its
transactions as a customer (on its purchases of goods and services). The said
RMO provides the following pertinent rules and regulations:
Any person required to withhold, account for, and remit any tax imposed by
this Code or who willfully fails to withhold such tax, or account for and remit
such tax, or aids or abets in any manner to evade any such tax or the payment
thereof, shall, in addition to other penalties provided for under this Chapter,
be liable upon conviction to a penalty equal to the total amount of the tax not
withheld, or not accounted for and remitted.
25
including the Bangko Sentral ng Pilipinas (BSP), who is charged with the duty
to deduct and withhold any internal revenue tax and to remit the same is
guilty of any offense herein below specified shall, upon conviction for each act
or omission be punished by a fine of not less than Five thousand pesos
(P5,000) but not more than Fifty thousand pesos (P50,000) or suffer
imprisonment of not less than six (6) months and one (1) day but not more
than two (2) years, or both:
1. Failing or causing the failure to deduct and withhold any internal revenue
tax under any of the withholding tax laws and implementing rules and
regulations; or …
8.2. Audit disclosed that for the years 2020-2022, the BLGU reported in its
financial statements, electricity expenses totaling to P243,681.48, however,
review of disbursement vouchers disclosed that the BLGU failed to deduct
from these payments the corresponding withholding tax of five (5) percent on
purchases of services from VAT registered suppliers.
8.3. It should be noted that Nueva Vizcaya Electric Cooperative (NUVELCO), the
Barangay’s electric service provider, although CDA registered, is no longer
exempt from paying VAT under Section 108 of the National Internal Revenue
Code (NIRC), as amended by RA 10963, which provides, inter alia, that sales
of electricity by generation companies, transmission by any entity, and
distribution companies, including electric cooperatives shall be subject to
VAT.
8.5. The BLGU’s failure to withhold the five percent (5%) tax on payments of
electricity expenses deprived the government of the accrual of its rightful
income which could have been used to augment its scarce financial resources.
26
Procured construction materials directly recorded as CIP and/or Repairs
9.1. Section 4(6) of PD 1445, otherwise known as the State Audit Code of the
Philippines, provides that, “Claims against government funds shall be
supported with complete documentation.”
9.2. Moreover, Page 17, Annex B of COA Circular No. 2015-009 dated December
1, 2015 provides that Construction Materials Inventory is credited only
whenever these are issued to projects, transferred, or for other disposal
contrary to an ordinary office supply which is credited whenever issued to the
end-user.
9.3. It shall be noted that construction materials must be treated differently from
ordinary office supplies since they are either converted into a new asset,
improve or extend the life of the asset in which they are utilized.
Reference
Account Used in
Payee Particulars Gross Amount Net Amount
Check No. Date Recording
27
Reference
Account Used in
Payee Particulars Gross Amount Net Amount
Check No. Date Recording
28
5. Photographs of the implemented project (before, during and after
implementation);
6. Inspection Report; and
7. Certificate of Completion issued by the Punong Barangay.
10. Timely submission of barangay accounts and other pertinent records was not
strictly adhered to contrary to Section 12.5, Chapter 12 of the Manual on the
Financial Management of Barangays, thus causing delay in the audit and
verification of financial transactions by the Audit Team.
12.5.1 The PB and BT shall be responsible for the timely submission of the
reports and accounts to the C/M Accountant. Observance to the
provision of Article 218 of the Revised Penal Code which states that
“Any public officer, whether in the service or separated there from by
resignation or any other cause, who is required by law or regulations to
render account to the Insular Auditor,* or to a Provincial Auditor and
who fails to do so for a period of two months after such account shall be
rendered shall be punished by prison correccional in its minimum
period, or by a fine ranging from 200 to 6,000, or both”. (*now
Commission on Audit)
12.5.2 The BT shall submit the RCDs, LR, ORs/DVs/Payrolls and Monthly
RAAF to the C/M Accountant on or before the 5th day of the succeeding
month.
12.5.3 The C/M Accountant shall submit to the COA Auditor concerned the
collections and disbursements accounts of each month on or before the
10th working day of the succeeding month.
29
Deadline of No. of Days
Period Covered Date of Submission
Submission Delayed
January 2022 February 10, 2022 October 12, 2022 244
February 2022 March 10, 2022 October 12, 2022 216
March 2022 April 10, 2022 October 12, 2022 185
April 2022 May 10, 2022 October 12, 2022 155
May 2022 June 10, 2022 October 12, 2022 124
June 2022 July 10, 2022 October 12, 2022 94
July 2022 August 10, 2022 August 22, 2022 12
August 2022 September 10, 2022 October 12, 2022 32
September 2022 October 10, 2022 October 12, 2022 2
October 2022 November 10, 2022 November 8, 2022 on-time
November 2022 December 10, 2022 January 6, 2023 27
December 2022 January 10, 2023 January 6, 2023 on-time
11. Disbursements charged against the 20% Development Fund, 5% Gender and
Development, 10% SK Fund, and 5% LDRRMF could not be readily evaluated
due to incomplete submission of needed documents.
11.1. Section 106 of the Local Government Code provides that each Local
Government Unit shall have a comprehensive Multi-Sectoral development plan
to be initiated by its development council and approved by its Sanggunian.
11.2. In the case of the barangay, the Barangay Development Council shall be
headed by the Punong Barangay, the Sangguniang Barangay, where the SK
Chairman serve as an ex-officio member, NGO representative operating in the
barangay, and a representative of the Congressman as members.
11.3. Review of submitted accounts disclosed that the barangay have disbursements
that could be attributed to 20% development fund, 10% SK Fund, 5% GAD
fund, and 5% LDRRMF.
11.4. Projects under the 20% Development Fund, 10% SK Fund, 5% LDRRMF and
5% GAD Fund, however, could not be readily evaluated due to the incomplete
submission of the needed documents, as follows:
30
a. Annual barangay budget;
b. Annual Investment Plan;
c. Registries to show if expenses still fall within the allowed amount and if
these are in-line as programmed in the Annual Investment Plan;
d. Accomplishment Report pertaining to 20% Development Plan and 5%
LDRRMF;
e. Accomplishment Report submitted for the 10% SK Fund programmed for
youth development; and
f. GAD Plan and GAD Accomplishment Report.
11.7. Moreover, we recommended that the SK observe the DILG, DBM and
NYC issued Joint Memorandum Circular (JMC) No. 1, series of 2019
dated January 23, 2019 prescribing the guidelines on the appropriation,
release, planning and budgeting process for SK funds.
12. The Barangay did not maintain Registry of Trust Fund as required under
Section 1.2, Chapter I of the Manual on the Financial Management of
Barangays hence, trust liability accounts are not separately recognized in the
books of the barangay.
1.2.7 Subsidies and grants for specific purpose shall be accounted for as Trust
Liability. Once conditions are met, the portion of the grant
31
corresponding to the expenditure incurred shall be recognized as
income and the expenditure as expense or asset as the case may be.
1.2.9 Registry of Special Trust Fund (RSTF) shall be maintained for each
STF.
12.2. As per our monitoring, the Municipal Accountant through the Barangay
Bookkeeper did not maintain Registry of Special Trust Fund such as those
enumerated above. Consequently, prompt verification of the transactions
cannot be conveniently made and trust liability accounts are not separately
recognized in the books of the barangay.
13. The BLGU did not submit the monthly Report on Sources and Utilization of
BDRRMF which is not in accordance with Section 5.1.5 of COA Circular No.
2012-002 dated September 12, 2012, thus monthly monitoring of transactions
undertaken by the BLGU was not attained.
13.1. Section 5.1.5 of COA Circular No. 2012-002 dated September 12, 2012
provides that, “A Report on Sources and Utilization of DRRMF using the
format in Annex B shall be prepared and certified correct by the Local
Accountant. The Local Disaster Risk Reduction and Management Officer
(LDRRMO) shall submit the report on or before the 15th day after the end of
each month through the LDRRMC and Local Development Council (LDC) to
the COA auditor of the LGU.”
13.2. Review of the accounts of the barangay disclosed that the BLGU failed to
submit monthly Report on the Sources and Utilization of the BDRRMF. This
required report serves as a monitoring tool on the charges against the
BDRRMF thus, the non-submission of which precluded monthly review of the
utilization of the fund.
13.3. In the case of the Barangay, the Report on Sources and Utilization of DRRMF
shall be prepared by the Barangay Treasurer and certified correct by the
32
Punong Barangay. Such report shall be submitted by the designated LDRRMO
which is usually the Punong Barangay or any other official duly designated
thereto, on or before the 15th day after the end of each month to the COA
Auditor of the Barangay.
13.4. We recommended that the Punong Barangay and the Barangay Treasurer
comply with the monthly submission of Report on Sources and Utilization
of DRRMF using the format prescribed under COA Circular No. 2012-
002 dated September 12, 2012.
14. Disbursement vouchers and its supporting documents were not stamped
“PAID” upon payment, contrary to Section 2.Q of COA Circular No. 92-389
dated November 3, 1992, hence exposing the corresponding documents for
possible reuse.
14.1. Section 2.Q of COA Circular No. 92-389 dated November 3, 1992 provides
that, “Paid vouchers including its supporting documents shall be perforated
and conspicuously stamped “PAID” by the Cashier.”
33
15.1. It shall be noted that GPPB Resolution No. 18-2006 dated December 6, 2006,
as amended by GPPB Resolution No. 07-2009 dated September 30, 2009 and
GPPB Resolution No. 20-2020 dated October 22, 2020, provides the Revised
Guidelines for the Implementation of Infrastructure Projects by Administration.
Section 3.0 of the said amended GPPB Resolution, states that:
15.2. Moreover, COA Circular No. 2012-003 dated October 29, 2012 provides the
Updated Guidelines for the Prevention and Disallowance of Irregular,
Unnecessary, Excessive, Extravagant and Unconscionable Expenditures of
government funds.
15.3. The said COA circular defines unnecessary expenditure as those which are not
dictated by the demands of good government and those which could not pass
the test of prudence or the diligence of a good father of a family, thereby
denoting non-responsiveness to the exigencies of the service.
15.4. Based on the foregoing regulations, the ownership of necessary tools and
construction equipment to be used in the project or the access to such tools and
equipment owned by other government agencies is an indispensable
condition/requirement otherwise the implementing agencies such as BLGU
Magsaysay Hill may not undertake projects by administration.
15.5. Audit disclosed that the BLGU paid for the rental fee of a bagger mixer in the
amount of P2,000.00 for use in the Rehabilitation of Multipurpose Pavement of
Purok 4 under Check No. 823466 dated August 12, 2020. Further review,
however, disclosed that the BLGU had previously procured its own bagger
34
mixer in the amount of P40,000.00 under Check No. 823444 dated June 23,
2020.
Reference
Payee Particulars Gross Amount Net Amount
Check No. Date
Norna O. Payment of rental for the 1 unit-welding
823494 10-08-2020 1,600.00 1,600.00
Pradez for the installation of streetlight at pk 1-6
Norna O. Payment of rental for the 1 unit-welding
823498 11-05-2020 2,400.00 2,400.00
Pradez machine for the improvement of MPH
Norna O. Rental of one unit welding machine -
823391 05-07-2021 1,500.00 1,500.00
Pradez installation of street lights Purok 1-6
Antonio M.
911481 10-25-2021 Plasma cutting rental 5,000.00 4,732.14
Andaya, Jr.
Total 10,500.00 10,232.14
15.7 We recommended that the Punong Barangay and the Barangay Treasurer
strictly observe efficiency, economy and effectiveness in all its official
transactions and refund the amount of P2,000.00 which constitutes an
unnecessary expenditure in view of COA Circular No. 2012-003 dated
October 29, 2012.
16. Forty-two (42) cancelled checks were not attached in the submitted Report of
Checks Issued (RCI), contrary to Section 59, Chapter 3 of the LGU- New
Government Accounting System (NGAS), Volume I.
Sec. 59. Spoiled and Stale Checks. – Checks may be cancelled when they
become spoiled or stale. A check is considered spoil when, it is torn,
mutilated, defaced or with erasures/errors affecting the genuineness of any
material information contained therein.
It is stale, if it has been outstanding for over six months from date of issue or
as prescribed by the depository bank. At least one month before a check
becomes stale, the Treasurer shall send a written notice to the payee of the
existence of the check.
A spoiled or stale check shall be marked cancelled on its face and reported as
follows:
1. For spoiled checks which are immediately cancelled and for which the
Report of Checks Issued (RCI) has not yet been prepared, the cancelled
check shall be attached to the RCI and reported chronologically with the
35
other checks issued and the word “Cancelled” shall be indicated on the
report.
2. For stale checks which have been unclaimed and thus, the original DV
and supporting documents are still with the Treasurer, 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.
3. For checks which became spoiled or stale in the hands of the payee and
which require replacement, a new check may be issued upon submission of
the spoiled or stale check to the Treasurer. A certified copy of the DV
shall be requested from the Auditor for presentation to the
Administrator/Local Chief Executive who shall countersign the check.
The cancelled check shall be reported and attached to the RCI prepared
at the period of cancellation. The replacement check shall also be
reported chronologically in the RCI.
16.2 Verification of the submitted RCIs showed that the cancelled checks were not
attached in the said report. Details as to the count are as follows:
Non-submission of AAPSI
17. The BLGU did not accomplish the required Agency Action Plan and Status of
Implementation (AAPSI) contrary to Section 97 of the General Provisions of
Republic Act No. 11639, otherwise known as the General Appropriations Act
for FY 2022, hence precluded the auditor in its timely review, monitoring, and
evaluation of actions taken by Management on previous years’ audit findings
and recommendations.
17.1 Section 97 of the General Provisions of Republic Act No. 11639, otherwise
known as the General Appropriation Act of 2022, provides that:
36
Report on Commission on Audit Findings and Recommendations. Within
sixty (60) days from receipt of the COA Annual Audit Report, agencies
concerned shall submit to the COA, either in printed form or by way of
electronic document, a status report on the actions taken on said audit findings
and recommendations using the prescribed form under COA Memorandum No.
2014-002 dated March 18, 2014. They shall likewise furnish the DBM, the
Speaker of the House of Representatives, the President of the Senate of the
Philippines, the House Committee on Appropriations and the Senate
Committee on Finance, either in printed form or by way of electronic
document, a copy of said reports.
17.2 Monitoring on the submission of reports disclosed that the Barangay still has
not submitted the accomplished Agency Action Plan and Status of
Implementation (AAPSI) hence, the status of compliance on Management’s
actions on the prior years’ audit findings and recommendations were not
properly reported and evaluated.
17.3 We recommended that the BLGU strictly comply with Section 97 of the
General Provisions of Republic Act No. 11639, otherwise known as the
General Appropriations Act of 2022, on the submission of AAPSI to
facilitate timely validation of the actions taken by the BLGU on COA
audit findings and recommendations.
18. The accounting entries portion of the Disbursement Vouchers (DVs) which shall
serve as the basis for recording transaction in the books of accounts were not
supplied by the Municipal Accountant thus, the proper recording of
transactions cannot be readily verified.
18.2 Audit of the submitted Disbursement Vouchers disclosed that the Municipal
Accountant has not complied with the above regulation thus, the proper
recording of transactions cannot be readily verified.
37