Title
Contract Fund Certification Law
Law
Act No. 2119
Decision Date
Feb 1, 1912
Act No. 2119 mandates that any government contract involving expenditures of two thousand pesos or more must be accompanied by a certificate from the Insular Auditor confirming the availability of appropriated funds, ensuring fiscal responsibility and accountability in public spending.
A

Mandatory Certification Before Entering Contracts

  • No government entity (Bureau, Board, committee, or officer) of the Philippine Islands or its provinces/municipalities may enter contracts or obligations over ₱2,000 without prior certification by the Insular Auditor.
  • Certification confirms funds are available in the Treasury and properly appropriated for the contract's intended purpose.
  • The certification must be attached to the contract and becomes a part thereof.
  • Certified funds are reserved exclusively for the contract and cannot be diverted for other uses until the contract is fulfilled.
  • Contracts entered without this certification are null and void, and no claims may be made thereunder against the government or political subdivisions.
  • Government officers cannot waive the requirements or impose liabilities beyond what the law permits.
  • Violation results in disqualification from office, liability for damages, and mandatory dismissal if already in office.
  • Ninety percent of estimated revenues for the fiscal year are presumed to be in the Treasury for contract purposes.
  • Certification rules also apply annually to contracts extending beyond one year.

Alterations or Amendments to Existing Contracts

  • Any changes to existing construction or repair contracts that increase expenditures beyond the original price must follow the same certification procedure.

Contract Execution and Filing Requirements

  • Construction and repair contracts must be executed in duplicate.
  • One copy goes to the Executive Bureau's archives, one is furnished to the contractor.
  • Certified copies must be provided to the Insular Auditor and the contracting government body by the Executive Secretary.

Requisitions for Supplies and Purchases

  • Requisitions for ₱2,000 or more from government bureaus or local government units require the Auditor's certification.
  • Once certified, the Purchasing Agent does not need to secure additional certification before procurement.

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