Law Summary
Coverage
- Applies to all officials and employees of National Government Agencies (NGAs), Government Owned and/or Controlled Corporations (GOCCs), Local Government Units (LGUs), Self-Governing Boards, and Commissions.
- Applies whenever duties involve custody of funds, property, or accountable forms.
- Includes officials and employees assigned abroad.
- Covers officials accountable to others who are primarily accountable.
Accountable Risks
- Officials/employees not deemed a safe risk based on character or habits are reported for removal from bonded duties.
- Final decision appeals rest with the Treasurer of the Philippines.
- Supervisors must safeguard government interests.
- Upon shortage or loss discovery, agencies and COA must take legal actions against accountable persons.
- Immediate notification to Bureau of Treasury Fiscal Examiner IV (BTr FE IV) required upon uncovering malversation or shortages.
Procedure for Bonding
- Appointment to bondable positions must be immediately reported to BTr FE IV.
- Use General Form No. 57(A) for notifications and requests related to bonds.
- Applicants must submit sworn application forms (General Form No. 58(A)) with photos.
- Applications endorsed by agency head to BTr FE IV with supporting documents.
- Required documents include sworn asset statements, appointment proof, designation for bondable duties, and proof of bond premium payment.
Procedure for Bond Cancellation
- Officials/employees no longer accountable due to retirement, separation, promotion, transfer, suspension, or other reasons must request bond cancellation.
- Clearance from money and property accountability requires proof of bond cancellation.
Amount of Bond
- The BTr FE IV determines bond amounts according to an established schedule (Annex A).
- One bond covers both money and property accountability but capped at ₱4,000,000.
- Excess accountability above the cap must be transferred to another official with a separate bond.
Bond Premium
- Premium set at 1% of bond amount, payable for a full twelve months.
- An Authority to Accept Payment (ATAP) is issued to applicants.
- Premium payments made through Authorized Government Depository Banks (AGDB).
- Proof of premium payment is required before bond processing.
- Bond premiums are non-refundable upon cancellation.
- Bonds valid for one year; non-payment leads to automatic cancellation.
- Bond premium payment centralized at agency head offices must be communicated to BTr FE IV.
- Bonds are personal and non-transferable.
- Increase in bond amount requires filing and additional premium payment.
- Overpayments credited to future premiums.
The Fidelity Fund
- All bond premiums form the Fidelity Fund.
- Fund used to cover losses after exhausting recovery against accountable officials/employees or their insolvency.
- Covers court fees for civil recovery actions.
- Fund cannot be used for criminal fines, liabilities from private estafa, or unrecovered shortages where the official was not relieved.
Adjudication of Claims Against the Fidelity Fund
- Claims and supporting evidence filed with Bureau of Treasury Regional Director.
- Regional Director recommends action to Treasurer of the Philippines.
- Only approved claims are paid from the Fund.
Repealing and Savings Clause
- Inconsistent circulars, orders, memoranda are repealed or modified.
- Uncovered situations referred to the Bureau of Treasury Regional Director for resolution.
Sanctions
- Non-compliance subjects responsible officials/employees to criminal and/or administrative actions.
Effectivity
- The Order took effect on January 1, 1996, adopted December 5, 1995.