House bills tighten rules on confidential funds, set qualifications for SDOs | ABS-CBN
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House bills tighten rules on confidential funds, set qualifications for SDOs
House bills tighten rules on confidential funds, set qualifications for SDOs
National Artist for Sculpture Napoleon Abueva's sculpture is on permanent view at the Commission on Audit (COA) building in Quezon City. February 19, 2018. Jonathan Cellona, ABS-CBN News/File
National Artist for Sculpture Napoleon Abueva's sculpture is on permanent view at the Commission on Audit (COA) building in Quezon City. February 19, 2018. Jonathan Cellona, ABS-CBN News/FileMANILA — House leaders filed on Wednesday two bills seeking to tighten rules on confidential fund use to address gaps that the House Committee on Good Government and Public Accountability found in hearings on spending by offices led by Vice President Duterte.
MANILA — House leaders filed on Wednesday two bills seeking to tighten rules on confidential fund use to address gaps that the House Committee on Good Government and Public Accountability found in hearings on spending by offices led by Vice President Duterte.
Among those filed is House Bill 11192, which bars the use of confidential and intelligence funds for agency operations not directly related to peace and order or intelligence gathering.
Among those filed is House Bill 11192, which bars the use of confidential and intelligence funds for agency operations not directly related to peace and order or intelligence gathering.
Under the measure, such disbursements and consequent disbursements as well as failure to comply with documentary requirements to account for the money will constitute “prima facie" (at first glance or appearance) evidence of misuse and misappropriation of the funds.
Under the measure, such disbursements and consequent disbursements as well as failure to comply with documentary requirements to account for the money will constitute “prima facie" (at first glance or appearance) evidence of misuse and misappropriation of the funds.
The bill proposes that the Head of Agency and the Special Disbursing Officer shall be jointly and severally liable in case of failure to render accounts, misappropriation, or misuse of funds.
The bill proposes that the Head of Agency and the Special Disbursing Officer shall be jointly and severally liable in case of failure to render accounts, misappropriation, or misuse of funds.
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Among the proposed penalties is perpetual disqualification from office of the SDO.
Among the proposed penalties is perpetual disqualification from office of the SDO.
“Without prejudice to the filing of criminal, civil and administrative cases, the perpetual disqualification from office shall be imposed upon the SDO… including loss of benefits,” Manila Rep. Joel Chua, House Committee on Good Government and Public Accountability chairperson, said.
“Without prejudice to the filing of criminal, civil and administrative cases, the perpetual disqualification from office shall be imposed upon the SDO… including loss of benefits,” Manila Rep. Joel Chua, House Committee on Good Government and Public Accountability chairperson, said.
“We already have the crimes to penalize. The problem is, we can't really pinpoint the liability," 1-RIDER Party List Representative Rodge Gutierrez said, saying SDOs could simply argue that they cannot be held liable after releasing the money.
“We already have the crimes to penalize. The problem is, we can't really pinpoint the liability," 1-RIDER Party List Representative Rodge Gutierrez said, saying SDOs could simply argue that they cannot be held liable after releasing the money.
He said the bill would make it illegal to delegate the disbursement further,
He said the bill would make it illegal to delegate the disbursement further,
"The mere fact of delegating would now open them up to [a complaint of] technical malversation...and other criminal laws that we already have in place,” he said.
"The mere fact of delegating would now open them up to [a complaint of] technical malversation...and other criminal laws that we already have in place,” he said.
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DECLASSIFICATION IF FLAGGED BY AUDITORS
The bill also proposes to have confidential funding declassified once the Commission on Audit issues a notice of disallowance.
The bill also proposes to have confidential funding declassified once the Commission on Audit issues a notice of disallowance.
Information and documents related to that spending can be made the subject of inquiries and investigations, and may be made public without need for compulsory processes.
Information and documents related to that spending can be made the subject of inquiries and investigations, and may be made public without need for compulsory processes.
Because of their nature, confidential and intelligence fund spending follow a different auditing procedure than regular spending.
Because of their nature, confidential and intelligence fund spending follow a different auditing procedure than regular spending.
The bill also authorizes the COA to audit the use of confidential funds in all government agencies, and review whether the funds were used strictly for the intended purpose, examine the documentation and receipts, and conduct special audits if there are reasonable grounds to suspect misuse, fraud, or corruption.
The bill also authorizes the COA to audit the use of confidential funds in all government agencies, and review whether the funds were used strictly for the intended purpose, examine the documentation and receipts, and conduct special audits if there are reasonable grounds to suspect misuse, fraud, or corruption.
QUALIFICATIONS FOR SPECIAL DISBURSING OFFICERS
House leaders also filed House Bill 11193, which proposes the following qualifications for SDOs:
House leaders also filed House Bill 11193, which proposes the following qualifications for SDOs:
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A permanent official or employee of the agency with a minimum salary grade of 24
A permanent official or employee of the agency with a minimum salary grade of 24
Educational background related to accounting, audit, or finance
Educational background related to accounting, audit, or finance
Under the measure, the SDO shall have an approved fidelity bond equivalent to their cash accountability, and whose net worth can cover at least 50% of their cash accountability.
Under the measure, the SDO shall have an approved fidelity bond equivalent to their cash accountability, and whose net worth can cover at least 50% of their cash accountability.
“Ang SDO ngayon, basta't ikaw ay pinili ng head of agency, SDO ka na. Kaya nga medyo hinigpitan po natin…. para maiwasan ‘yung pagkukuntsabahan ng head of agency at saka ng SDO,” Chua said.
“Ang SDO ngayon, basta't ikaw ay pinili ng head of agency, SDO ka na. Kaya nga medyo hinigpitan po natin…. para maiwasan ‘yung pagkukuntsabahan ng head of agency at saka ng SDO,” Chua said.
(Right now, as long as the head of agency designates you, then you can be an SDO. So we are tightening that a little, to avoid collusion between the head of agency and the SDO)
(Right now, as long as the head of agency designates you, then you can be an SDO. So we are tightening that a little, to avoid collusion between the head of agency and the SDO)
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“When you have familiarity between the head of agency and then the appointed person of trust… It could be a possible avenue for collusion… It should be a professional, permanent office already,” Gutierrez added.
“When you have familiarity between the head of agency and then the appointed person of trust… It could be a possible avenue for collusion… It should be a professional, permanent office already,” Gutierrez added.
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