QuestionsQuestions (BOT ORDER NO. 01-95)
It revises regulations on the bonding of accountable government officials and employees to ensure effective fidelity bonding, pursuant to Section 50, Chapter IX of Book V of the Administrative Code of 1987.
All officials and employees of National Government Agencies (NGAs), GOCCs, LGUs, self-governing boards and commissions, and all others concerned, whenever their duties require or permit custody of funds/accountable forms, unless otherwise provided in the Order.
They are included in the coverage of the bonding regulations under the provisions on accountable officials and employees discharging duties in a foreign country.
If the applicant/bonded official is not, in the judgment of BTr FE IV, a safe and conservative risk due to character, associations, or habits, BTr FE IV reports the matter to the proper head of the agency/LGU/board/commission, which must cause removal or relief from duties requiring bonding. The decision may be appealed to the Treasurer of the Philippines via the BTr Regional Director, and the latter’s decision is final.
Proper steps must be taken by the agencies and/or COA to proceed against the accountable official/employee and their property (real or personal), including attachment and execution as provided by law.
The office that uncovers the malversation/shortage must notify BTr FE IV promptly by telegram and keep BTr FE IV advised on the status of the case.
The agency must notify immediately BTr FE IV of the province or region where the appointee is assigned.
General Form No. 57(A) is used in three (3) copies for notification, request for application, increase, reduce, cancel, or transfer of a bond, signed by the head of agency concerned.
The applicant must accomplish General Form No. 58(A) in four (4) copies, subscribed and sworn to before an authorized officer.
They must be accompanied by: (1) Sworn Statement of Assets and Liabilities as of the date of application; (2) latest approved appointment to bondable position; (3) if duties are bondable but the position is not bondable, an Office Order or Designation; and (4) proof of payment of bond premium deposited with an Authorized Government Depository Bank (AGDB).
When no longer accountable due to retirement, separation, promotion, transfer, suspension, or any other cause, they must submit immediately a request for bond cancellation using General Form No. 57(A), items 14 to 18 only, to BTr Fiscal Examiner IV in the province or region.
No. The Order states that no bonded official/employee shall be cleared from money and property accountability without proof of bond cancellation as required.
BTr FE IV in their jurisdiction fixes and approves the bonds according to the Schedule in Annex A. The bond amount shall not exceed PHP 4,000,000.00.
The accountable officer and immediate supervisor must take immediate steps to transfer the excess accountability to another official/employee who will then be covered by another bond.
The premium is one percent (1%) of the amount of bond, paid for one full year equivalent to twelve months.
Effective January 1, 1996, BTr FE IV issues an ATAP for the payment of the bond premium. The premium must be deposited with an Authorized Government Depository Bank (AGDB), and proof of deposit is the AGDB-validated ATAP plus the list of bondable officials/employees in Annex B.
Bonds are valid for one (1) year. If premium of expired bonds is not paid on or before the expiry date while the bondable official remains accountable, the bond is automatically cancelled. Renewal requires filing the General Forms 57(A) and 58(A) with attachments.
All bond premiums collected by the Bureau of Treasury constitute the Fidelity Fund. It answers for defalcations, shortages, and unrelieved accountability after all possible means of recovery from the accountable official/employee have been exhausted or when insolvency is declared by a competent court.
It may not be used: (a) to replace fines imposed after criminal conviction under the Revised Penal Code or any penal law; (b) to answer liability for estafa through falsification of public documents when committed in the capacity as a private individual; or (c) to refund accountability of an employee found short if the employee was not removed/relieved of duties.
Claims with evidence are filed with the Bureau of Treasury Regional Director, who recommends appropriate action to the Treasurer of the Philippines. Only approved claims become legal claims against the Fidelity Fund and are paid.