Вы находитесь на странице: 1из 42

2018 General Appropriations

Act

GENERAL PROVISIONS
ON
BUDGETARY
REQUIREMENTS
At end of the session, the participants
will be able to:
 Identify 2018 GAA provisions on
budgetary requirements;
 Be acquainted with the budgetary
limitations and requirements on the
handling of funds

2
GENERAL PROVISIONS

 Sec. 2. FY 2018 Budget with UACS.

All items of appropriations in this Act shall be


given account codes by the DBM pursuant to the Unified
Accounts Code Structure (UACS). This account code shall
be used in the release of the appropriations in this Act for
a unified accounting, auditing and reporting of all the
financial transactions of the government.
GENERAL PROVISIONS

 Sec. 3. The GAA as the Allotment Order.

The GAA, upon its effectivity, shall be considered the


allotment authorizing agencies to obligate in accordance with
its provisions, except for the following:
a) Appropriations that by virtue of law, general or special
provisions, and rules and regulations have conditions or
requirements before release;
b) Lump-sum appropriations in the agency budget and
special purpose funds that have no details necessary for
release; and
c) Those requiring a Special Budget under the general and
special provisions in this Act.
GENERAL PROVISIONS

 Sec. 3. The GAA as the Allotment Order.

In the case of automatic appropriations, the allotment


shall be issued by the DBM upon compliance with the
conditions provided by law.

The DBM shall identify the items of appropriations in


the GAA which are not covered by the above allotment order
and submit a copy thereof to 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.
GENERAL PROVISIONS
 Sec. 28. Multi-year Contracts.
The DBM shall identify the requirements and/or
prescribe guidelines before agencies may enter into multi-
year contracts. This includes the issuance of a multi-year
obligational authority (MYOA) or any similar document as
may be prescribed by the DBM.
In the case of GOCCs, they shall secure prior authority
from their respective governing boards before entering into
multi-year contracts.
For multi-year Public-Private Partnership (PPP)
projects approved under R.A. No. 6957, as amended by R.A.
No. 7718, the National Government’s responsibility shall be
covered by a letter of commitment issued in accordance with
the guidelines issued by the DBM.
GENERAL PROVISIONS

 Sec. 28. Multi-year Contracts.

In all instances, the disbursements for multi-year


contracts shall in no case exceed the cash appropriations
for the purpose during the year. Procurement of multi-year
projects shall be subject to the provisions of R.A. No. 9184
(Government Procurement Law) and its IRR and the
guidelines issued by the GPPB.
GENERAL PROVISIONS

 Sec. 40. Protection of Biodiversity.


All agencies of the government shall ensure that
protection of biological diversity is integrated and
mainstreamed into their development programs and projects.
To align with the 2015-2030 Sustainable Development
Goals (SDG), the DepEd shall integrate biodiversity and its
conservation in its curriculum, and the Commission on
Higher Education (CHED), along with the SUCs, shall set
aside an amount from its research and outreach budgets for
biodiversity baselining, inventories and monitoring in
protected areas and identified key biodiversity areas.
GENERAL PROVISIONS
 Sec. 45. Funding of Personnel Benefits.
Notwithstanding any provision of law to the contrary,
all personnel benefits costs of government personnel shall be
charged against the funds from which their salaries are paid.
If the personnel benefits costs, in whatever form, are partly
sourced from the General Fund and partly from other
sources, only the portion attributed to the personnel benefits
cost charged against the General Fund shall be sourced
therefrom in the payment of retirement and terminal leave
benefits and pension.
In no case shall personnel benefits costs drawn from
Special Accounts, Trust Funds or other sources of funds be
charged against the General Fund of the National
Government.
GENERAL PROVISIONS

 Sec. 45. Funding of Personnel Benefits.


The personnel benefits costs of officials and employees
on detail with other offices, including the representatives and
support personnel of auditing units assigned to serve other
offices or agencies, shall be charged against the
appropriations of their parent agencies, except as otherwise
authorized by the DBM.
Personnel benefits costs shall include salary increases,
step increments, all kinds of authorized allowances, benefits
and incentives, monetized vacation and sick leave credits,
government share in retirement and life insurance premiums,
employees compensation insurance premiums, health
insurance premiums and HDMF contributions, and other
authorized benefits.
GENERAL PROVISIONS

 Sec. 46. Appropriations for Personnel Services.

The appropriations for Personnel Services under this


Act shall be used for the payment of personnel benefits
authorized by law to be given to National Government
personnel. Any available allotment for Personnel Services
within a department or agency may be utilized by said
department or agency for the payment of deficiencies in
authorized personnel benefits.
Implementation of this Section shall be subject to
guidelines issued by the DBM.
GENERAL PROVISIONS

Sec. 60. Use of Appropriations for Retirement Gratuity and


Terminal Leave.
Appropriations authorized in this Act to cover the
payment of retirement benefits shall be released directly to
the agencies concerned computed based on the provisions of,
and subject to the conditions prescribed in, applicable
retirement laws, rules and regulations.
Unless authorized by law and duly covered by
guidelines issued by the DBM, public funds shall not be used
for the payment of salary increases or adjustments resulting
from automatic promotions with the intent of increasing the
retirement and terminal leave benefits of government
personnel as provided in CSC-DBM J.C. No. 3 dated
November 8, 1991.
GENERAL PROVISIONS

Sec. 60. Use of Appropriations for Retirement Gratuity and


Terminal Leave.

The payment of any unauthorized retirement benefits


shall be null and void and shall accordingly be refunded by
the beneficiary-employee. The officials and employees who
authorized, allowed, or connived with others in the payment
of any unauthorized retirement benefits shall be subject to
disciplinary actions in accordance with Section 43, and
Section 80 of E.O. No. 292, and to appropriate criminal
action under existing penal laws.
GENERAL PROVISIONS

Sec. 72. Rules on Modification of the Allotment. As a


general rule, NGAs shall spend what is programmed in their
respective appropriations in this Act. In exceptional
circumstances, agencies may modify the allotment issued
within a program/activity/project subject to the approval of
the following ensued by the timely submission of reports by
all offices concerned:
a) Heads of agencies for change in the object of expenditure
within an allotment class;
b) The DBM for the following modifications: i) payment of
magna carta benefits; ii) from one allotment class to
another; iii) from one operating unit to another; and, iv)
within a special purpose fund; and,
GENERAL PROVISIONS
Sec. 72. Rules on Modification of the Allotment.
As a general rule, NGAs shall spend what is programmed in
their respective appropriations x x x. In exceptional
circumstances, agencies may modify the allotment issued
within a PAP subject to the approval of x x x:
c) President of the Phil. for intel funds within the executive
branch.

All modifications in the CO may only be made until 30


June 2018 except if due to occurrence of calamities.
All modifications in the allotment shall not increase the
total amount appropriated in the PAP. In the case of programs
within several activities/projects, modifications may only be
done within the activity/project.
GENERAL PROVISIONS
RELEASE AND USE OF FUNDS

 Sec. 74. Mandatory Expenditures.


The amounts programmed for petroleum, oil and
lubricants, water, illumination and power services, telephone and
other communication services, and rental expenses shall be
disbursed exclusively for such items of expenditures. Any available
allotment from these items after taking into consideration the
agency's full year requirements may be modified only in the last
quarter and subject to the provisions of Section 72 hereof.
Disbursements or expenditures of agencies in violation of
this Section shall be void, and shall subject the erring officials and
employees to disciplinary actions in accordance with Sections 43
and 80 of E.O. No. 292, s. 1987 and to appropriate criminal action
under existing penal laws.
GENERAL PROVISIONS

 Sec. 80. Disbursement of Funds.

Public funds for obligations incurred with proper


authorization shall be disbursed only through the BTr
and/or authorized government servicing banks under the
Modified Disbursement System, subject to guidelines
issued thereon.
GENERAL PROVISIONS

Sec. 81. Electronic Payments in Government Disbursements.

National government agencies, including SUCs,


Constitutional Offices, and GOCCs shall adopt the use of
electronic payment in the disbursement of public funds.
In cases when the adoption of electronic payment is
impracticable, agencies shall be allowed to continue with the
existing payment scheme and shall submit to the DBM,
within sixty (60) days from the effectivity of this Act the
reasons therefor.
GENERAL PROVISIONS

 Sec. 82. Personal Liability of Public Officials and


Employees for the Incurrence or Payout of Unauthorized or
Unlawful Obligation or Expenditure.

Any and all public officials or employees who will


authorize, allow or permit, as well as those who are negligent
in the performance of their duties and functions which
resulted in the incurrence or payment of unauthorized and
unlawful obligation or expenditure shall be, personally liable
to the government for the full amount committed or
expended and, be subject to disciplinary actions in
accordance with Section 43, of E.O. No. 292.
GENERAL PROVISIONS

Sec. 83. Reversion of Unexpended Balances of


Appropriations.

Notwithstanding any provision of law to the contrary,


unexpended balances of appropriations authorized in this Act
shall revert to the General Fund at the end of the validity of
appropriations provided under Section 61 hereof and shall
not thereafter be available for expenditure except by
subsequent legislative enactment.
GENERAL PROVISIONS

Sec. 88. Allocation for the Autonomous Region in Muslim


Mindanao (ARMM) in the Budget.
National government agencies (NGAs)shall ensure that
the requirements of the ARMM are provided in the
implementation of nationwide program, activities and
projects. The funds for the purpose shall be released based
on, and made only upon submission by the implementing
agencies concerned of the allocation for ARMM per province.
The disposition, utilization, management and accountability
of the amount released directly to the ARMM shall be the
responsibility of the ARMM. The respective heads of the
NGAs shall be responsible for ensuring that the amounts
allocated for ARMM per province are posted on their
respective agency websites.
GENERAL PROVISIONS

Sec. 88. Allocation for the Autonomous Region in Muslim


Mindanao (ARMM) in the Budget.

The ARMM shall likewise submit to the DBM and the


implementing agencies concerned separate quarterly reports
on the utilization of said amounts per province, either in
printed form or by way of electronic document. The Regional
Governor of ARMM shall be responsible for ensuring that
said reports are likewise posted on the website of the ARMM.
GENERAL PROVISIONS

Sec. 89. Internal Revenue Allotment (IRA) of LGUs.


The IRA, which is automatically appropriated, shall be
apportioned among LGUs, including provinces, cities, and
municipalities created, approved, and ratified in 2017 in
accordance with the allocation formula prescribed under
Section 285 of R.A. No. 7160, taking into consideration the ff:
a) The land area shall be based on the FY 2001 Land
Management Bureau (LMB) certified Masterlist of Land
Area (MLA) unless the FYs 2004 and 2007 LMB certified
MLA has been validated by the DILG, NAMRIA and
representatives of the Leagues of Provinces, Cities and
Municipalities, and endorsed by the Secretary of DENR
and the Regional Secretary of the ARMM to DBM on or
before December 31, 2017; and
GENERAL PROVISIONS

Sec. 89. Internal Revenue Allotment of LGUs.


b) The population shall be based on the FY 2015 Census of
Population by Province, City, Municipality and
Barangay, as approved under Presidential Proclamation
No. 1269 dated May 19, 2016.
All valid adjustments, changes, modifications, or
alterations in any of the factors affecting the computation of
IRA that occurred or happened, including final and
executory court decisions made effective, during the current
fiscal year, shall only be considered and implemented by the
DBM in the subsequent fiscal year from receipt by the DBM
of the notice of said change.
GENERAL PROVISIONS

 Sec. 89. Internal Revenue Allotment (IRA) of LGUs.

LGUs shall include in their budgets income from


both local and external sources, including the amount of
their IRA, based on the allocation by the DBM, and
receipts from borrowings, which shall be approved by
their respective sanggunian. Member-municipalities of the
Partido Development Administration may charge the
capitalization requirement under R.A. No. 7820 against
their respective IRA.
GENERAL PROVISIONS
 Sec. 89. Internal Revenue Allotment (IRA) of LGUs.
Enforcement of the Personnel Services limitations under
Sections 325 (a) and 331 (b) of R.A. No. 7160 shall be waived to
enable LGUs to: (i) absorb the cost of hospital services transferred
from provinces to newly created cities; (ii) pay the CNA incentives
of their employees upon compliance with the rules and regulations
issued by the DBM; (iii) pay the retirement and terminal leave
benefits, including the monetization of leave credits of their
employees; and (iv) pay the minimum year-end bonus of One
Thousand Pesos (P1,000) for the punong barangay and Six
Hundred Pesos (P600) for other mandatory barangay officials, and
their cash gifts.
The IRA and all LGUs shares appropriated herein shall be
directly released by the BTr to the LGU beneficiaries through
authorized government servicing banks.
GENERAL PROVISIONS
Sec. 97. Submission of Post 2018 Budget Status.
The DBM shall submit to (i) the Speaker HoR, (ii) the
President, Senate, (iii) House Committee on Appropriations
and (iv) the Senate Committee on Finance a post 2018 budget
status report not later than March 31, 2019. The report shall
indicate a brief accomplishment on all PAPs as reflected in
this Act and include specific programs, activities and projects
funded from lump-sum appropriations and special purpose
funds.
The DBM shall post the said report on its website. The
heads of the agencies and the agencies' web administrators or
their equivalent shall be responsible for ensuring that the
portion of the status report pertinent to them are likewise
posted on their respective websites.
GENERAL PROVISIONS

Sec. 100. Government Information, Monitoring and


Evaluation System.

All government agencies shall adopt a web-based


system that will improve the dissemination to the public of
information on government services, programs and
projects.
Likewise, a system of monitoring and evaluation to
assess the performance, relevance and effectiveness of the
agencies' programs and projects shall also be adopted.
GENERAL PROVISIONS

Sec. 101. Joint Congressional Oversight Committee (JCOC)


on Public Expenditures.
The Senate and the HoRep shall constitute a JCOC on
Public Expenditures which shall monitor compliance by
agencies with the requirements and/or conditions in the
utilization of public funds under this Act and pertinent laws.
The JCOC shall be co-chaired by the Chairperson of
the Committee on Finance of the Senate and the Chairperson
of the Committee on Appropriations of the HoR. The
President of the Senate and the Speaker of the House of
Representatives shall each designate seven (7) Senators and
seven (7) members of the House of Rep, as members of the
JCOC. The minority group in the Senate and the House of
Rep shall each have at least one (1) seat in the JCOC.
GENERAL PROVISIONS

Sec. 101. Joint Congressional Oversight Committee (JCOC)


on Public Expenditures.

The JCOC on Public Expenditures shall not intervene,


participate, or undertake any role or function in any of the
various post-enactment stages of the budget execution, such
as, but not limited to, project identification and/or
modification, fund releases, and other activities beyond its
congressional oversight functions as defined under applicable
laws and/or jurisprudence.
GENERAL PROVISIONS

Sec. 102. Exemption from Garnishment, Levy and


Execution.

It shall be unlawful for any court, agency or office to


garnish, or subject to levy and execution all public funds,
especially the amounts appropriated under this Act.
GENERAL PROVISIONS
ADMINISTRATIVE PROCEDURES

 Sec. 84. Organizational Structure and Staffing Pattern Changes.


Notwithstanding any provision of law to the contrary and
within the limits of the appropriations authorized in this Act, the
President of the Philippines is authorized to create new offices and
modify the existing organizational structure of the agencies in the
Executive branch, as well as create new positions or modify existing
ones whenever public interest so requires. The DBM may approve
minor changes in the organizational structure and staffing pattern
of agencies, and create positions up to a division chief and
equivalent level under the Executive branch.
In cases when Congress creates or reorganizes an office or
agency, the DBM is authorized to determine its organizational
structure and provide for positions in its organizational units
subject to organization, position classification and compensation
standards aid policies.
GENERAL PROVISIONS
Sec. 99. Transparency Seal.

To enhance transparency and enforce accountability, all agencies


of the government shall maintain a Transparency Seal to be posted on their
websites. The Transparency Seal shall contain the following: (i) the agency's
mandates and functions, names of its officials with their position and
designation, and contact information; (ii) approved budgets and
corresponding targets, immediately upon approval of this Act; (iii)
modifications made pursuant to the general and special provisions in this
Act; (iv) annual procurement plan/s and contracts awarded with the
winning supplier, contractor or consultant; (v) major programs and
projects categorized in accordance with the five key results areas under E.O.
No. 43, s. 2011, as amended, and their target beneficiaries; (vi) status of
implementation, evaluation/assessment reports of said programs or
projects; (vii) Budget and Financial Accountability Reports; and (viii)
annual reports on the status of income authorized by law to be retained
and/or used and be deposited outside of the National Treasury, which shall
include the legal basis for its retention and/or use, the beginning balance,
income collected and its sources, expenditures, and ending balance for the
preceding fiscal year.
GENERAL PROVISIONS

 Sec. 99. Transparency Seal.

The heads of the agencies and their web


administrators or their equivalent shall be responsible for
ensuring compliance with this Section.
The DBM shall post on its website the status of
compliance by all agencies of the government.
Instructions: In a piece of paper write your answers
to the following questions.

1. What account codes shall be the basis for the


budget release as well as accounting and reporting
thereof?
2. Which items have no automatic allotment release?
3. Which agencies are required to adopt electronic
payment in their disbursement transactions?
4. What items comprise mandatory expenditures?
5. Which congressional body is authorized to monitor
public expenditures authorized under the GAA?
6. What is the purpose of the transparency seal?
Where is it posted?
7. What items are included in the transparency seal?
(name at least 3 items)
What account codes shall be the basis for the budget
release as well as accounting and reporting thereof?

All items of appropriations in the GAA shall be given account codes


by DBM pursuant to the Unified Accounts Code Structure (UACS).

Which items have no automatic allotment release?

a) Appropriations that by virtue of law, general or special


provisions, and rules and regulations have conditions or
requirements before release;
b) Lump-sum appropriations in the agency budget and special
purpose funds that have no details necessary for release; and
c) Those requiring a Special Budget under the general and special
provisions in this Act.
Which agencies are required to adopt electronic
payment in their disbursement transactions?
a) national government agencies; and b) GOCCs

What items comprise mandatory expenditures?


petroleum, oil & lubricants;
water, illumination and power services,
telephone and other communication services, and
rental expenses

Which congressional body is authorized to monitor


public expenditures authorized under the GAA?
Joint Congressional Oversight Committee on Public Expenditures

What is the purpose of the transparency seal? Where


is it posted?
To enhance transparency and enforce accountability, Transparency
Seal shall be posted on the agency’s website
What items are included in the transparency seal?

(i) the agency's mandates and functions, names of officials with


position/ designation, and contact information;
(ii) approved budgets, targets; & budget modifications;
(iii) APP & contracts awarded with winning supplier/contractor/
consultant;
(iv) major programs and projects categorized in accordance with E.O.
No. 43, s. 2011, as amended, and their target beneficiaries;
(v) status of implementation, evaluation/assessment reports of said
programs or projects;
(vi) Budget and Financial Accountability Reports, pursuant to COA and
DBM J.C. No. 2014-1 dated July 2, 2014; and
(vii) Annual reports on the status of income authorized by law to be
retained and/or used and deposited outside of the BTr,
At end of the session, the participants
will be able to:
 Identify 2018 GAA provisions on
budgetary requirements;
 Be acquainted with the budgetary
limitations and requirements on the
handling of funds

41

Вам также может понравиться