QuestionsQuestions (Republic Act No. 2700)
No. Section 2 provides that adoption of the performance-budget system (by functions, activities and projects in terms of expected results) shall not result in any manner in laying off personnel in the classified civil service except for cause as provided by law. It shall likewise not result in reduction of actual salaries, demotion in rank, or change of status.
Section 3 allows, with the approval of the President, the use of savings from regular appropriations for 'personal services,' 'maintenance and other operating expenses,' and 'equipment' to cover a deficit in other items (except personal services) within the same Executive Department. The limitation is that no item may be augmented by more than 30% of the original appropriation.
No. Even with presidential approval, Section 3 expressly states that no item of appropriation may be augmented more than thirty percentum (30%) of the original appropriation.
Section 4 requires separate quarterly reports to Congress: (1) by the Auditor General and the Commissioner of the Budget, specifying items and funds involved in any transfer made to cover a deficit; and (2) heads of bureaus or offices whose appropriations are based on the Performance Budget must submit quarterly reports of their accomplishments to each member of Congress.
Under Section 7, failure to report within the specified period automatically causes the suspension of the payment of their salaries until they comply.
Section 5 authorizes the President to use savings to settle enumerated obligations (e.g., claims for death/injury in line of duty; commutation of certain leave credits; replacement of equipment lost/damaged; salaries for suspended employees later exonerated; various leave commutations on resignation/retirement; printing briefs for government appeals; rural improvement; rural health program implementation, etc.). The key controlling proviso is that the authority is to be exercised notwithstanding certain other limitations, and it covers only the specific obligations listed in Section 5.
Section 6 authorizes the President, upon notice to the head of office concerned, to suspend or stop expenditure of any amount appropriated in specified items (except salaries of positions with incumbents) whenever public interest so requires, making funds available for other authorized expenditures (except personal services), subject to rules on transferred positions. The limitation is that no item may be augmented by more than 30% of the original appropriation.
Section 8 allows appropriations to be used for paying excess of actual salaries to the incumbent of a position to which the excess pertains who is actually receiving the excess as part of the salary granted to him upon appointment before basic pay was reduced. It also provides that if the position is vacated and the successor already received an equal salary plus the same excess, such excess may be allowed to the successor.
General rule: appropriations for purchase of equipment/supplies/materials are available only for locally manufactured items. Exceptions: if none is available in the market, or if locally manufactured prices exceed those determined by the Flag Law by ten percent (10%).
Section 10 prohibits using appropriations for renting automobiles, jitneys or trucks on a monthly basis, and prohibits renting on a daily basis for a continuous period exceeding fifteen days.
Section 12 enumerates specific high officials (e.g., President, Vice-President, Senate and House leadership and certain committee chairpersons, Chief Justice and Presiding Justice of appellate courts, Auditor General, certain ambassadors/ministers abroad, and top AFP command officers). It is a closed list determining who may charge motor transportation against appropriations in the Act.
No, except for the President. The Vice-President, President of the Senate, and Speaker of the House may be allowed to use two motor vehicles each. Also, no official who already receives motor transportation allowance from a government corporation or another official may use a motor vehicle operated and maintained from appropriations under the Act.