Title
Reversion of Dormant Govt. Funds to Treasury
Law
Executive Order No. 431
Decision Date
May 30, 2005
An executive order in the Philippines mandates the transfer of dormant accounts and unnecessary funds to the National Treasury, aiming to comply with constitutional provisions and existing laws regarding the transfer of funds to the general funds of the government, in order to ease fiscal pressures and facilitate the implementation of programs and projects.

Legal Basis and Inventory Requirement

  • The PC is tasked to determine the lawful basis for maintaining these funds outside the National Treasury.
  • The committee must prepare a comprehensive inventory of all such cash accounts in every department, bureau, and agency.
  • Where no legal impediment exists, the PC shall recommend that these funds be transferred to the National Treasury in accordance with the Administrative Code provisions.

Cooperation and Transparency Obligations

  • All government departments, bureaus, and agencies are required to cooperate fully with the PC.
  • They must open their books of accounts and provide necessary assistance during inspections and reviews.
  • This cooperation is essential to facilitate the efficient transfer of funds to the Bureau of Treasury.

Rulemaking Authority

  • The PC is authorized to issue rules and regulations to ensure proper and effective implementation of the Executive Order.

Enforcement and Penalties

  • Heads of government agencies, along with the PC, bear responsibility for strict enforcement.
  • Any violation of the order shall be dealt with strictly in conformity with existing laws.

Repeal and Modification of Conflicting Issuances

  • Any prior orders, rules, or regulations inconsistent with this Executive Order are repealed or modified accordingly.

Immediate Effectivity

  • The order takes effect immediately upon issuance to promptly address the accumulation of dormant and special funds outside the National Treasury.

Key Legal Provisions Cited

  • Section 29(3), Article VI of the 1987 Constitution mandates the transfer of unutilized special fund balances to the general fund.
  • Sections 44 and 45, Chapter 5, Book VI of the Administrative Code of 1987 require government income to be deposited to the National Treasury and charge the PC with overseeing off-budget funds.
  • Section 65 of PD 1445 directs income to accrue to the general fund.
  • Executive Order No. 338 (1996) requires all public monies to be immediately transferred to the Bureau of Treasury unless otherwise legally exempted.

Fiscal Rationale and Policy Objective

  • The transfer of dormant and unnecessary special funds is intended to augment government resources.
  • This measure aims to reduce external borrowing, ease fiscal pressures, and facilitate funding for government programs and projects under the 10-Point Agenda.

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