Law Summary
Commission on Audit's Authority and Historical Context
- COA holds exclusive authority over audit scopes, methods, rules, and regulations.
- Previously lifted pre-audit activities in 1995 but now revisits policy due to increased irregular disbursements.
- Reinstitutes selective pre-audit as a preventive measure against anomalies and inadequate internal controls.
Definition and Scope of Pre-Audit and Post-Audit
- Pre-audit: examines supporting documents before payment and recording.
- Objectives include verifying compliance with laws, fund availability, legitimacy, approval, and authenticity.
- Post-audit: covers similar areas plus tracing transactions to books of accounts and final determination of legality and necessity.
- Post audit will not duplicate pre-audit unless necessary.
Coverage of Selective Pre-Audit
- Applies to national agencies, local government units, and government-owned corporations listed in an annex.
- Transactions include cash advances, salaries, infrastructure payments, procurement, funds to NGOs, fund transfers, trust fund disbursements, and disposal of property.
- Other entities like national high schools and barangays initially exempt.
- Further coverage subject to evaluation of internal controls.
Specific Rules on Cash Advances
- Pre-audit required except for payroll, intelligence, petty cash, and local travel advances.
- Liquidation must be audited before recording.
- Strict guidelines on granting, use, and liquidation timing.
- Cash advances must be for lawful specific purposes, properly bonded, and cannot be transferred or used for previous advance liquidation.
Payment of Salaries and Terminal Leave Benefits
- Pre-audit applies only to first payment after appointment by transfer/reinstatement and last payment before transfer.
- All terminal leave benefits payments subject to pre-audit.
Infrastructure Projects
- Covers government construction-related projects defined broadly including IT, sanitation, energy, and buildings.
- Pre-audit required for contract amounts meeting set thresholds varying by agency and location.
- Only advance payments, first and last progress billings, and first payments under variation orders are pre-audited.
- Mandatory inspections for first and last billing; random inspections possible.
- Technical and legal reviews required, including cost reasonableness evaluations.
Payments for Road Right-Of-Way
- All claims subject to pre-audit following RA No. 8974 and its implementing rules.
Procurement of Capital Assets, Goods, and Services
- Includes land, buildings, supplies, labor, and services.
- Pre-audit applies to first and last payments for contracts exceeding monetary thresholds based on agency and locality.
- Some emergency procurements exempt.
- Government-to-government procurements excluded.
Payments Through Automatic Debit Advice (ADA)
- Pre-audit required for documents supporting ADA payments for foreign or local funded projects.
- Also applies to approved disbursement vouchers for procurements paid through ADA.
Releases to NGOs/POs
- All releases to NGOs/POs subject to pre-audit.
- No new releases unless previous ones liquidated and post-audited.
Transfers of Funds Between Government Agencies
- All fund transfers subject to pre-audit except certain intra-government and emergency transfers.
Disbursements from Local Government Trust Funds
- Pre-audit applies only to trust funds from the national government or government corporations.
Disposal of Property
- Pre-audit required for negotiated sales of real property at or above P1 million and unserviceable property valued at P500,000 or more.
- Specific approval hierarchies for disposal based on value.
- Valuations by qualified inspectors required.
- Sales of real property are subject to COA approval regardless of amount.
Responsibilities for Conducting Pre-Audit
- Assigned to heads of auditing units, Supervising Auditors or Audit Team Leaders.
- Procedures for designation of alternates during absences.
Duties of Agency Officials
- Must ensure no payment without pre-audit evidence.
- Responsible for submission of documents and liquidation reports.
- Maintain detailed records and ensure no splitting of contracts or claims.
- Submit procurement plans and maintain logs of pre-audit transactions.
Duties of COA Officials
- Audit transactions within prescribed timeframes (2-5 working days).
- Monitor cash advances and initiate demand letters for late liquidation.
- Withhold payments and initiate criminal cases for non-compliance.
- Ensure compliance with technical and inspection requirements.
- Maintain logs and conduct post-audit incorporating pre-audit results.
Evidence of Audit Action
- Pre-audit indicated by stamp on disbursement vouchers and supporting documents.
- Deficiencies must be reported within 24 hours.
- Technical review of certain contracts mandated.
- Issuance of Credit Notices upon liquidation within 30 days.
- Credit Notice issuance is prerequisite for subsequent advances or releases.
Appeal Procedures
- Aggrieved parties may appeal per COA's Revised Rules of Procedure.
Oversight Committee
- Assistant Commissioners designated to monitor and evaluate selective pre-audit implementation.
- Authority to recommend inclusion or exclusion of transactions.
- Develops criteria for exemptions based on risk-calibrated audit framework.
Penalties
- Violations related to cash advances penalized under PD No. 1445 Sections 89 and 128.
- Failure to submit transactions for pre-audit grounds for administrative actions and possible disallowance.
Repealing Clause
- Revokes or modifies inconsistent COA circulars and memoranda.
Effectivity
- Circular effective July 1, 2009.