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Power of LGUs to streamline and reorganize does not confer authority upon
any LGU to create a separate and supplementary retirement benefit plan (City
of Gen. Santos vs. COA);
Sec. 28(b), C.A. No. 186 as amended by RA No. 4968 prohibits government
agencies from establishing supplementary retirement or pension plans from
the time the GSIS charter took effect.
Regional Inter-Agency Team (RIAT) Budget Operations Manual (BOM)
Mimaropa Region 2016 Edition
Budget Preparation
NO. The said appropriation for the 20% Development Fund should
cover itemized projects;
Sec. 287, RA 7160 provides that each LGU shall appropriate in its
annual budget no less than 20% of the annual IRA for development
projects;
3. Is an Appropriation Ordinance
necessary to authorize utilization
of Loan Proceeds?
4. Is an Appropriation Ordinance
necessary to authorize the use
of the shares in the proceeds
from the development and
utilization of the national
wealth?
YES, Article 391 of the IRR of RA 7160 provides that the shares of LGUs in
the proceeds from the development and utilization of the national wealth shall
be appropriated by their respective Sanggunian to finance local development
and livelihood projects;
Art. 454(d) of the IRR of RA 7160 likewise provides that disbursements from
such special accounts under the General Fund shall proceed from itemized
appropriations in the budgets of LGU instead of by lump-sum;
As to voting requirement:
Relatedly, the use of savings and augmentation within the same expense class falls
under the category of Use of Appropriated Funds and Savings under Sec. 336
of RA 7160.
Hence, if the AO requires qualified majority in its passage, it follows that any
modification in said appropriation will have to comply with the same requirement.
As to procedural requirement:
While the ordinance under Sec. 336 and an AO have the same voting
requirements, each has a different procedural requirement.
Should the authority be through the AO, the said authorization may be included
as a general provision/section in the ordinance authorizing the annual
appropriations.
Regional Inter-Agency Team (RIAT) Budget Operations Manual (BOM)
Mimaropa Region 2016 Edition
Are the voting and procedural requirements of the
ordinance authorizing the use of savings and augmentation
the same as those for the ordinance authorizing the use of
Budget Authorization savings as a fund source for a supplemental budget?
Sec. 336 (Use of savings and Sec. 321 (Use of savings thru
Requirement
augmentation Supplemental Budget)
What is the instrument
Ordinance AO covering a Special Budget
required for authority?
Is there a need for a
No need for a supplemental budget Supplemental budget needed
supplemental budget?
What is the purpose of For augmentation of existing item/s of For re-appropriation - may be
the savings? expenditures within the same expense to a different expense class
Where should the class
From the LCE or the sanggunian From the LCE only
proposal emanate?
For prov and HUC, will
the ordinance be subject No Yes
to DBM review?
YES, provided that the aggregate increase does not cause an excess
over the total proposed amount in the executive budget;
YES, but only to provide for statutory and contractual obligations and
it does not cause an excess over the total proposed amount in the
executive budget pursuant to Article 415(a) of the IRR of RA 7160.
Sec. 353 of RA 7160 provides that the official fiscal year of LGUs shall
be the period beginning with the first day of January and ending with
the 31st day of December of the same year.
If the AO is not posted and/or published, as the case may be, its
validity may be questioned. However, laws, ordinances and other
issuances enjoy the presumption of regularity and validity until
invalidated by the courts.
The reenacted figure should not exceed the estimated income since the
basic rule is that the aggregate amount appropriated shall not exceed
the estimated income (Sec. 324[a], RA 7160)
The law provides that the Secretary to the Sanggunian shall affix his
signature to all ordinances and present the same to the Presiding
Officer for his signature. The requirement is mandatory. Nevertheless,
refusal to sign will not affect the validity of the AO, otherwise, that
would be giving the Secretary to the Sanggunian veto power.
The refusal of the Presiding Officer of the Sanggunian will not affect
the validity of the AO duly passed by the Sanggunian since the
Presiding Officer has no veto power. The Secretary to the Sanggunian
may certify to the fact of the Presiding Officers refusal to sign.
Regional Inter-Agency Team (RIAT) Budget Operations Manual (BOM)
Mimaropa Region 2016 Edition
Budget Authorization
Sec. 316(b) of RA 7160 provides that the LFC shall recommend the
appropriate tax and other revenue measures or borrowing which may be
appropriated to support the budget.
Funds are likewise deemed actually available when there are savings as
defined under Article 417 of the IRR or RA 7160, as amended by AO
No. 47.
NO, the Sanggunian did not take proper action on the matter.
Pursuant to Sec. 55 of RA 7160, the Sanggunian may override the veto
of the LCE by two-thirds (2/3) vote of all its members thereby making
the ordinance effective.
An LGU is entitled to IRA under the law and the amount corresponding
to its IRA allocation is provided under an LBM. Thus, if the amount of
IRA indicated in its local budget is lower than what the law entitles said
LGU, as identified in the LBM, the same is effectively a non-compliance
of Section 287 of RA 7160 which requires LGUs to include no less than
twenty percent (20%) of its IRA for development projects.
2. When is a sanggunian
authorization separate from the
appropriation ordinance
necessary for contracts entered
into by the LCE for and in
behalf of the LGU?
If an AO already contains in sufficient detail the project and cost of a capital outlay
such that all that the LCE needs to do after undergoing the requisite public bidding is
to executive the contract, no further sanggunian authorization is required, the
appropriation ordinance already being sufficient.
Specific sanggunian approval may also be required for the purchase of goods and
services which are neither specified in the appropriation ordinance nor encompassed
within the regular budget. (Quisumbing vs. Garcia)
Regional Inter-Agency Team (RIAT) Budget Operations Manual (BOM)
Mimaropa Region 2016 Edition
Budget Execution DBM-LS Opinion
Sec. 323 of RA 7160 provides that, in case of failure to enact the annual appropriations by
the sanggunian, only the annual appropriations for salaries and wages of existing positions,
statutory and contractual obligations, and essential operating expenses authorized in the
annual and supplemental budgets for the preceding year shall be deemed re-enacted.
The phrase salaries of existing positions should be construed to cover all authorized
personnel services and/or benefits for existing positions in the preceding year. Thus,
RATA, hazard and subsistence allowance of existing positions, which are authorized by the
sanggunian in the previous years budget, are deemed re-enacted.
Sec. 320 of RA 7160 provides that the LCE has the sole authority for the execution of the
AB/SB; hence, the LCE may determine the essential operating expenses which are
necessary for the continued basic operation and existence of the LGU.
Sec. 323 of RA 7160 authorized the reenactment of the previous years budget
for all existing positions when the Sanggunian is unable to pass the budget for
the year.
The use of the qualifier existing should be understood in its literal meaning in
accordance with the plain meaning rule. Thus, existing means those that are
actually present or current as opposed to something new or to be created.
Therefore, when operating under a re-enacted budget, only those positions that
are already existing in the Municipalitys Personnel Schedule or list of
authorized budgeted positions with the corresponding appropriations in the
previous year may be continued and filled up in case of vacancy.
Regional Inter-Agency Team (RIAT) Budget Operations Manual (BOM)
Mimaropa Region 2016 Edition
Budget Execution DBM-LS Opinion
Sec. 322 should apply to unexpended balances of Capital Outlays in the LGU
budgets in general, except in the case of unexpended balances of the LDRRMF
which pursuant to Sec. 21 of RA 10121 should accrue to a special trust fund.
Regional Inter-Agency Team (RIAT) Budget Operations Manual (BOM)
Mimaropa Region 2016 Edition
Special Eduction Fund
The policy guidelines on the use of the SEF is now covered by the
Revised Guidelines under DepEd-DBM-DILG Joint Circular No. 1 s.
2017 dated January 19, 2017.
4. Educational research:
Educational research other than the research subject areas funded in the
DepEd budget, subject to the prevailing policies and guidelines of
DepEd.
Regional Inter-Agency Team (RIAT) Budget Operations Manual (BOM)
Mimaropa Region 2016 Edition
What are the policy guidelines on the use of the SEF?
6. Sports development:
Direct services related to the implementation of the ECCD program, such as salaries/
allowances of locally-hired Child Development Teachers and/or Day Care Workers, etc;