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

Certification Requirement and Invalidity of Unauthorized Contracts

  • No contract entailing ₱2,000 or more can be entered without the Insular Auditor's certification that funds are available and not otherwise appropriated.
  • Certification must be attached to and become part of the contract.
  • Certified funds cannot be reallocated until the contract is fully discharged.
  • Contracts made without such certification are void; no claims can be made against the Government or its subdivisions based on unauthorized contracts.
  • No authority is granted to waive or circumvent these limits or release contractual obligations without proper compliance.
  • Violations result in disqualification from holding public office and personal liability for damages to the Government, including dismissal if in office.
  • For contracts spanning multiple years, 90% of estimated government revenues for the fiscal year is deemed available, but annual certification for funds is still required before expenditures each year.

Procedures for Amendments to Existing Contracts

  • Alterations or amendments increasing the expenditure beyond the original contract price require the same certification procedure as initial contracts.

Execution and Filing of Construction and Repair Contracts

  • Contracts must be executed in duplicate.
  • One copy to be filed with the Executive Bureau’s division of archives, patents, copyrights, and trademarks.
  • One copy given to the contractor.
  • Certified copies provided to the Insular Auditor and the contracting Bureau, Board, committee, or officer.

Requisition Procedures and Certification for Purchases

  • Requisitions for purchases amounting to ₱2,000 or more must be accompanied by the Auditor’s certification.
  • Once certified for requisitions, the Purchasing Agent need not obtain another certificate before entering into the purchase contract.

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