Title
Contract Signing Requires Available Funds
Law
Letter Of Instructions No. 968
Decision Date
Dec 17, 1979
Letter of Instructions No. 968 mandates that government contracts can only be signed when there are available funds, with the Chief Accountant responsible for verifying and witnessing the contracts, and the Commission on Audit ensuring compliance and accountability.

Q&A (LETTER OF INSTRUCTIONS NO. 968)

Contracts must be signed by agency heads or other duly authorized officials only when there are available funds.

The Chief Accountant must sign contracts as a witness, verifying the availability of funds from the agency's programmed appropriation, and his signature certifies such availability.

Contracts without the signature of the Chief Accountant as witness shall be considered null and void.

The Chief Accountant is responsible for verifying the availability of funds, as evidenced by programmed appropriations released by the Ministry of the Budget and received by the agency.

Yes, contracts signed by Regional or District officials under formally delegated authority must also be witnessed by the responsible accounting official under the same terms and conditions.

The Accounting Division must maintain a file of copies of all contracts.

Accountants who sign contracts without available funds are subject to penalties under accounting and budget laws related to improper payments and certifications.

The Commission on Audit examines agency contracts and verifies compliance with this Letter in addition to observing provisions of Section 86 of P.D. No. 1445 (Auditing Code of the Philippines).

All contracts for capital projects, supply of commodities, services, equipment, maintenance contracts, and other agreements requiring payment charged to current operating or capital expenditure funds are covered.


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