Title
Certification of Fund Availability for Govt. Contracts
Law
Act No. 2119
Decision Date
Feb 1, 1912
A Philippine law requires certification from the Insular Auditor before entering into contracts involving the expenditure of Insular funds, with violations resulting in disqualification from holding office and liability for damages; the law also applies to alterations or amendments to existing contracts and purchasing contracts.
A

Q&A (Act No. 2119)

Before entering into such a contract, a copy of the proposed contract must be submitted to the Insular Auditor with a request for a certificate showing sufficient funds duly appropriated in the Treasury.

A statement in writing of all obligations incurred against the appropriation not yet presented for audit must accompany the request.

Such contracts are void, and no claims or demands can be made against the Government or its political subdivisions under these contracts.

No, they do not have the power to waive or qualify the limits, nor to impose liability on the Government or release anyone from compliance with the contract conditions under this Act.

The person is disqualified from holding any office of trust or profit in the Government or local government and may be liable for damages. If already in office, the person shall be dismissed.

Ninety percent of the estimated revenues and receipts of the Government for the fiscal year covered by the contract are deemed to be in the Treasury for contract purposes.

Yes. For multi-year contracts, the certificate must be secured each year showing that the necessary funds for that year are available.

The same procedure of obtaining the Insular Auditor's certificate must be followed if the amendment involves expenditures exceeding the original contract price.

Contracts must be executed in duplicate, one copy filed in the division of archives, patents, copyrights, and trademarks of the Executive Bureau, another furnished to the contractor, and certified copies furnished to the Insular Auditor and the contracting Bureau, Board, committee, or officer.

No. The requisition must be accompanied by the Auditor's certificate and no further certificate is needed by the Purchasing Agent before purchasing.


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