Title
Supreme Court
Revised Regulations on Government Fidelity Bonds
Law
Bot Order No. 01-95
Decision Date
Dec 5, 1995
This Treasury Order establishes revised regulations for the fidelity bonding of government officials and employees, mandating coverage for those handling funds and outlining procedures for bonding, cancellation, and claims against the Fidelity Fund.

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.

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