TO : All Heads of Ministries, Chiefs of Bureaus and Offices of the National Government; Managing Heads of Government-Owned and/or Controlled Cororations, !elf-Governing Boards, Commissions and Agencies; "rovincial Governors, Cit# and Municial Ma#ors; "rovincial, Cit# and Municial $reasurers, Chief Accountants, Cororate $reasurers, COA Managers/%egional &irectors, Ministr#, Bureau, Cororate, "rovincial and Cit# Auditors and all others concerned' SUBJECT : Amended %ules and %egulations on the "revention of (rregular, )nnecessar#, *+cessive or *+travagant *+enditures or )ses of ,unds and "roert#' (n -eeing with the Constitutional mandate for the Commission on Audit to .romulgate accounting an auditing rules and regulations including those for the revention of irregular, unnecessar#, e+cessive or e+travagant e+enditures or uses of funds and roert#./!ec' 0 123, Art' 4((-&, New Constitution5, the herein rules and regulations /otherwise -nown as .$H* %)6*!.5 which amended, revised and/or amlified the e+isting rules contained in COA Circular No' 77-88 dated March 09, 2977, are here:# romulgated, for the guidance of all concerned' RATIONALE ;hile the ower of the Commission to revent the incurrence of irregular, unnecessar#, e+cessive e+travagant /()**5 e+enditures or uses of funds and roert# has :een vitali<ed and made more effective uon the ratification of the 297= Constitution, e+cesses in government sending have remained uncontrolled' %eali<ing the fat that such una:ated oversending and missending with ultimatel# result in the dissiation of the scarce fiscal resources of government, the Commission found it imerative to ut a sto thereto and to ensure that fraud, a:uses and wastage of the eole>s mone# are revented' (n ursuance, therefore, of its rule-ma-ing ower, the Commission initiated various legal and secial studies which rovide the legal ro for .$H* %)6*!. which aim? /a5 to amlif# the e+isting rules and regulations governing the revention of ()** e+enditures or uses of government funds and roert#; /:5 to udate fiscal controls to attain higher government efficienc# and roductivit#; /c5 to set realistic limits and arameters for government sending' BASIC FEATURES $his comilation of rules and regulations has the following salient features, to wit? 2' (t contains the oerational definitions of ()** e+enditures or uses if government funds and roert# em:odied in COA Circular No' 77-88 dated March 09, 2977 with certain modifications; 0' (t rescri:es standards for such e+enditures or uses that set the arameters thereof; =' (t rovides a list of situational cases on such e+enditures or uses that shall :e udated from time to time; @' (t restates with certain modifications rules and regulations on certain transactions' .$H* %)6*!. do not cover illegal e+enditures or uses of government funds and roert#' !uch e+enditures or uses shall :e disallowed in audit on the :asis of alica:le laws' ALICABILIT! OF T"E RULES: ,or the roer and effective imlementation of the .$H* %)6*!., the following rocedural guidelines shall :e o:served? a5 $he oerational definition of ()** e+enditures or uses of government funds and roert# shall not :e e+clusivel# used as :asis for disallowing e+enditure or uses of this nature' :5 $he determination of ()** e+enditures or uses of government funds or roert# as :asis for disallowance shall :e made :# ma-ing reference to :oth the oerational definitions and standards or :oth oerational definitions and the list of situational cases as recedents of such e+enditures or uses' /c5 !hould the case in oint not fall under the standards or list of situational cases, the auditor shall elevate the matter to the Commission "roer in accordance with the rocedures rescri:ed in .$H* %)6*!.' /d5 &ecisions of the Commission "roer and those romulgated :# courts of law on ()** e+enditures or uses of government funds and roert# shall form art of the list of situational cases uon which audit action shall :e :ased' EFFECTI#IT!: $hese rules and regulations shall ta-e effect immediatel#' $S%D.& FRANCISCO S. TANTUICO, JR., C'()rm(* $S%D.&. "ERMO%ENES . OBRE, C+mm),,)+*er RULES AND RE%ULATION FOR T"E RE#ENTION OF IRRE%ULAR, UNNECESSAR!, E-CESSI#E, OR E-TRA#A%ANT $IUEE& E-ENDITURES OR USES OF %O#ERNMENT FUNDS AND ROERT! TABLE OF CONTENTS 2'A "urose 0'A &eclaration of "olicies ='A &efinition, !tandards, and !ituational Cases @'A %evised %ules and %egulations on Certain $ransactions 8'A (nclusion of !ituational Cases &eemed ()** in the )dated 6ist B'A 6ist of COA Circulars (ssued for the "revention of ()** *+enditures or )ses of ,unds and "roert# 7'A Alica:ilit# on Government Agencies C'A !eara:ilit# Clause 9'A Glossar# of $erms 1.. UROSE $hese rules and regulations serve to guide the actions of auditors and the management in a common Duest for the revention of the incurrence of irregular, unnecessar#, e+cessive or e+travagant e+enditures or uses of government funds and roert#' /.. DECLARATION OF OLICIES 0'2 $he COA adheres to the olic# that government funds and roert# should :e full# rotected and conserved, and that irregular, unnecessar#, e+cessive or e+travagant e+enditures or uses of such funds and roert# should :e revented' 0'0 $he service mission, si<e, s#stems, structure, strateg#, s-ills, st#le, sirit and financial erformance of a government agenc# are the rimar# considerations in determining whether or not their e+enditures are irregular, incisor, e+cessive, or e+travagant' 2.3 $he rules and regulations that will :e alica:le to government cororations e+ercising rorietar# functions and local government, in the e+ercise of their e+travagant e+enditures or uses of government funds and roert# shall ta-e into consideration factors such as rofita:ilit# of its oerations, availa:ilit# of resources - financial or otherwise to sustain their oerations, their a:ilit# to oerate on their own without aroriation or su:sid# from the government, the industrial setting, the nature of their :usiness oerations, and other aroriate erformance standards' 0'@ (n line with COA>s effort to :e constantl# resonsive to the changing needs of government, on udated list of situational cases of ()** e+enditures or uses of government funds and roert# in the three /=5 government sectors - national, local and cororate -shall :e drawn u from time to time to serve as reference for auditors and management in the erformance of their official duties' 0'8 $he formulation of these rules and regulations recogni<es the interla# of certain factors, such as :ut not limited to urgenc# of need, caacit# to a#, time of urchase, lace of urchase, and availa:ilit# of needed goods and services in the mar-et' 0'B (t is recogni<ed that the regulations for e+travagant e+enditures are largel# determined :# the level/ran- of user, the nature of agenc# oerations, agenc# missions, rofita:ilit# of ast oerational erformance and financial resources' As regards e+cessive e+enditures, the# shall :e determined :# lace and origin of goods, volume or Duantit# of urchase, service warranties, Dualit#, secial features of units urchased and the li-e' 0'7 (t is recogni<ed that generall# acceted industr# ractices ma# :e considered in the rocurement of goods and services' 0'C $he Commission on Audit as an indeendent constitutional :od# is endowed with secial rule-ma-ing owers encomassing the :road sectrum of government oerations' (n the e+ercise of such rule-ma-ing owers, it can enforce sanctions in case of violation of auditing rules and regulations which can serve as :asis for administrative, civil, or criminal action as ma#:e warranted under e+isting law' 0.. DEFINITION, STANDARDS, AND SITUATIONAL CASES $he succeeding rovisions are artl# :ase on COA Circular No' 77-88 dated March 09, 2977, issued in ursuance of the Constitutional mandate for the COA to revent the incurrence of ()** e+enditures or uses of government funds and roert# through the romulgation of rules and regulations' All rovisions, statements and situational cases omitted from the enumeration contained in COA Circular No' 77-88, are deemed modified or revised accordingl# as herein rovided' However, illegal e+enditures or uses of government funds and roert# are not covered :# this Circular' !uch e+enditures or uses shall :e disallowed on the :asis of alica:le laws' ='2 .(%%*G)6A%. *4"*N&($)%*! &efinition? $he term .irregular e+enditure. signifies an e+enditure incurred without adhering to esta:lished rules, regulations, rocedural guidelines, olicies, rinciles or ractices that have gained recognition in law' (rregular e+enditures are incurred without conforming with rescri:ed usages and rules of disciline' $here is no o:servance of an esta:lished attern, course, mode of action, :ehavior, or conduct in the incurrence of an irregular e+enditure' A transaction conducted in a manner that deviates or dearts from, or which does not coml# with standards set is deemed irregular' An anomalous transaction which fails to follow or violates aroriate rules of rocedure, is li-ewise irregular' (rregular e+enditures are different from illegal e+enditures since the latter would ertain to e+enses incurred in violation of the law whereas, the former is incurred in violation of alica:le rules and regulations other than the law' !ituational Cases of .(rregular. *+enditures of )ses of Government ,unds and "roert# A' ,unds - /alica:le to all national, local, and cororate sectors5 2' "a#ment of claims under a contract awarded not strictl# in accordance with the rescri:ed modes of rocurement of sulies, materials and eDuiment' 0' "urchase of items from Eo::ers or middlemen in violation of a government olic# to acDuire the same directl# from reuta:le manufacturers or their dul# licensed distri:utions' =' "a#ment of allowances and other forms of additional comensation without roer 'authorit#' @' "a#ment for reair of government roert# or eDuiment underta-en :# shos, mechanics or contractors not dul# accredited in accordance with an e+isting government olic# e+cet in laces where there is no accredited sho in the localit# or where the accredited sho does not have sufficient facilities or where the cost of services of the accredited sho is relativel# high or comletion of reairs will suffer dela# as certified to :# he Agenc# Head or his dul# authori<ed reresentative' 8' "a#ment for emergenc# urchase where there is no emergenc# as herein defined' B' %eim:ursement of e+enses incurred :# ersons other than authori<ed reresentatives of a government agenc# for attending conference, meetings and other official functions' 7' "a#ment of salaries or wages of la:orers under a la:or a#roll to ersons other than the a#ees unless roerl# authori<ed :# the a#ees' C' "a#ments made on the :asis of slit reDuisitions, urchase orders, vouchers or chec-s, unless aroved :# roer authorit# of the agenc#' B' "roert# - /alica:le to all national, local and cororate sectors5 2' $he use of government motor vehicle with an imroerl# accomlished tri tic-et, or without the mar-ing .,or Official )se Onl#. and the name of the office e+cet when aroriate e+emtion is secured in accordance with e+isting regulations' 0' Bringing home government motor vehicles after office hours :# officials to whom these are assigned, e+cet when the agenc# does not have a garage that could ensure the safet# of the vehicle or when in terms of mileage/time it is more economical for the official to ar- the vehicle/s5 at his residence' =' Office eDuiment and roert# without roer identification or inventor# mar-ings' 0./ 1UNNECESSAR!1 E-ENDITURES &efinition? $he term ertains to e+enditures which could not ass the test of rudence or the diligence of a good father of a famil#, there:# denoting non-resonsiveness to the e+igencies of the service' )nnecessar# e+enditures are those not suortive of the imlementation of the o:Eectives and mission of the agenc# relative to the nature of its oeration' $his would also include incurrence of e+enditure not dictated :# the demands of good government, and those the utilit# of which can not :e ascertained at a secific time' An e+enditure that is not essential or that which can :e disensed with without loss or damage to roert# is considered unnecessar#' $he mission and thrusts of the agenc# incurring the e+enditures must :e considered in determining in whether or not an e+enditure is necessar#' !tandards for .)nnecessar#. *+enditures A' $ime of Need 2' $he volume of urchases must :e enough to fill the three /=5 month>s reDuirements of the agenc# e+cet when circumstances or the e+igencies of the service would demand otherwise' "urchases made in e+cess of three /=5 month>s reDuirements should not, however, e+ceed the current #ear>s needs, e+cet as herein rovided' 0' Novem:er/&ecem:er urchases shall :e limited to three /=5 months> sul# onl#' =' $hree /=5 months> sul# is determined :# comuting the average monthl# consumtion of the agenc# for he last si+ /B5 months lus 2AF allowance for contingencies multilied :# three' However, the 2AF allowance for increase ma# :e e+ceeded when the circumstances call for additional rocurement, such as :ut not limited to seminars, conferences and the li-e or in case where the activities cannot :e dela#ed without causing detriment to the u:lic service' ,ormula for A'=? ,or arriving at one month>s sul# 6et $ G total consumtion for the last B months A G $/B average consumtion for the last B months " G estimated one /25 month sul# *+amles? Month Consumtion Hanuar# " 0=,=77'== ,e:ruar# 0C,=8='A@ March @=,@22'BC Aril 8A,B0='C@ Ma# @=,BB@'=@ Hune @2,B@B'C0 $otal " 0=2,A77'A8 Average Consumtion for one month will :e? " /one month sul#5 G 0=2,A77'A8 I /'2A5 /0=2,A77'A85 B B G =C,820'C@ I /'2A5 /=C,820'C@5 G =C,820'C@ I =,C82'0C G @0,=B@'20 Note? $o comute for the = months> consumtion, multil# the " /estimated one month sul#5 :# =' @' !ulies :ought or services rendered should :e used or availed of :efore the utilit# of said items or services e+ires' B' ,reDuenc#/Nature of )se
An e+enditure is unnecessar# if the item/o:Eect is not used according to normal usage/ractice' *+' - A warehouse is used as elota court' C' 6ocation (tem :ought or service rendered is unnecessar# when it is not needed or useful in the lace were it is intended to :e used' *+' - ;hen an air-conditioner is :ought in Baguio Cit# or in a municialit# where there is no electricit#' !ituational Cases of .)nnecessar#. *+enditures or )ses of funds and "roert# A' ,unds - /alica:le to N6C sectors5 2' Grant of overtime a# for wor- that is not of urgent nature as to reDuire comletion within a secified time or that can :e underta-en during regular office hours' 0' *+enses for advertisements of anniversaries, etc' in newsaers, $J, or radio merel# for u:licit# or roaganda uroses e+cet when the nature of the agenc#>s mission would reDuire such e+enses as in the case of romotion of trade and :usiness' B' "roert# - /alica:le to N6C sectors5 2' )se of air-conditioners when not needed, or even during the a:sence of the official in whose room the airconditioner is installed' 0' )se of ta:le lams while wor-ing in the office where the room is adeDuatel# illuminated from the ceiling lights' ='= .*4C*!!(J*. *4"*N&($)%*! &efinition? $he term .e+cessive e+enditures. signifies unreasona:le e+ense or e+enses incurred at an immoderate Duantit# and e+or:itant rice (t also includes e+enses which e+ceed what is usual or roer as well as e+enses which are unreasona:l# high, and :e#ond Eust measure or amount' $he# also include e+enses in e+cess of reasona:le limits' !tandards for .*+cessive. *+enditure $he term .e+cessive e+enditures. ertains to the varia:les of "rice and Kuantit#' 2' "rice - $he rice is e+cessive if it is more than the 2AF allowa:le rice variance :etween the rice aid for the item :ought and the rice of the same item er canvass of the auditor' 0' Jolume &iscounts - $he rice is deemed e+cessive if the discounts allowed in :ul- urchases are not reflected in the rice offered or in the award or in the urchases/a#ment document' =' ,actors to :e Considered - (n determining whether or not the rice is e+cessive, the following factors ma# :e considered' A - !ul# and demand forces in the mar-et' *+' - ;here there is a sul# shortage of a articular roduct, such as cement or G( sheets, rices or these roducts ma# var# within a da#' B - Government "rice Kuotations C- ;arrant# of "roducts or !ecial ,eatures $he rice is not necessaril# e+cessive when the service/item/item is offered with warrant# or secial features which are relevant to the needs of the agenc# and are reflected in the offer or award' & - Brand of "roducts "roducts of recogni<ed :rand coming from countries -nown for roducing such Dualit# roducts are relativel# e+ensive' *+' - !olingen scissors and the li-e which are made in German# are more e+ensive than scissors which do not carr# such :rand and are not made in German#' !ituational Cases of .*+cessive. *+enditures - /alica:le to N6C sectors5 2' Overricing of urchases, characteri<ed :# grossl# e+aggerated or inflated Duotations, in e+cess of the current and revailing mar-et rice :# a 2AF variance from the urchased item are considered e+cessive e+enditures' 0' "a#ment for reair of government eDuiment at a cost e+ceeding =AF of the current mar-et rice of the same or similar eDuiment is also an e+cessive e+enditure' =' *+enditures for sulies and materials in Duantities :e#ond that reDuired herein and that needed :# the agenc# for a determina:le eriod resulting in overstoc-ing is e+cessive' ='@ .*4$%AJAGAN$. *4"*N&($)%*! &efinition? $he term .e+travagant e+enditure. signifies those incurred without restraints, Eudiciousness and econom#' *+travagant e+enditures e+ceed the :ounds of roriet#' $hese e+enditures are immoderate, rodigal, lavish, lu+urious, waste grossl# e+cessive, and inEudicious' !tandards for .*+travagant. *+enditures ,actors such s the nature of the agencies> oerations, agenc# missions, rofita:ilit# of their ast oerational erformance, and availa:ilit# of financial resources derived from income or retained earnings must :e ta-en into account in the matter of determining whether or not an e+enditure is e+travagant' $he term .e+travagant e+enditure. ertains to the varia:les of Dualit# relative to level or ran- of the user and the urose for such e+enditure' !ituational Cases of *+travagant *+enditures - /alica:le to N6C sectors5 2' "urchase of lu+urious and e+ensive office furnishings for office :uildings /e'g', rugs, carets, draeries, wall decors, utensils, des-s, chairs, lams5 is e+travagant, e+cet for the Offices of the !ureme Court, (ntermediate Aellate Court and other courts of eDuivalent ran-; !ea-er of the Batasang "am:ansa and Mem:ers of "arliament; Heads and Mem:ers of the Constitutional Commissions; Ministries; Governors; Ma#ors; Bureau &irectors and their eDuivalents in government cororations and other agencies, as warranted :# their resources' 0' 6u+urious furnishings for government :uildings are e+travagant e+cet those intended for showcase, trade and commerce, romotion of arts and culture and use of dignitaries' =' "urchase of e+ensive cars is e+travagant, e+cet for the following level of users? a5 $he "resident of the "hiliines, "rime Minister, !ea-er of Batasang "am:ansa, Hustice of the !ureme Court, and Heads of Constitutional Commissions - Mercedes Ben< or its eDuivalent -ind' :5 $he Mem:ers of "arliament, Mem:ers of the Constitutional Commissions, Ministers, Heads of Agencies, Governors of Class A rovinces, Ma#ors of Class A cities and municialities, Hustices and Hudges of 6ower Courts - Heav# and Medium cars' @' (nstallation of highl# sohisticated outdoor signs, :ill:oards and neon signs advertising the office is e+travagant, e+cet for :an-s, trading cororations, hotels, or :uildings used for culture and arts' 8' "urchase of wines, liDuors, cigars and cigarettes is e+travagant, e+cet when served to foreign dignitaries during state functions and government- sonsored international conferences and conventions' B' "a#ment for rent of e+ensive halls or rooms in lu+ur# hotels or restaurants used for meetings and other official functions is e+travagant e+cet when such hotels or restaurants are used for government- sonsored international conventions, meeting and the li-e' 2.. RE#ISED RULES AND RE%ULATIONS ON CERTAIN TRANSACTIONS (n ursuit of the o:Eectives to udate fiscal controls for higher government efficienc# and roductivit# and to set realistic limits and arameters for government sending, this ortion of the .%)6*!. rovides revisions to e+isting rules and regulations on secific government transactions' 6et it :e stressed that in the drafting of the .%)6*!., the Commission has :een guided :# the following considerations? 2' (t is the intention of the Constitution the COA now assume a more active role in the revention of irregular, unnecessar#, e+cessive, and e+travagant e+enditures or uses of government funds and roert#' 0' $he rule-ma-ing ower of COA ertaining to the revention of such ()** e+enditures or uses as distinguished from the rule-ma-ing function of administrative or oerational details, is not in nature of .su:ordinate legislation., COA>s rule-ma-ing ower is direct mandate of the Constitution against which the doctrine of non-delegation of legislative ower will not al#' =' $he grant of rule-ma-ing ower to COA does not reclude the Batasang "am:ansa from enacting laws on the same su:Eect' @' $he grant of rule-ma-ing ower to COA encomasses :oth su:stantive and rocedural rules' 8' $he e+ercise of such rule-ma-ing ower is su:Eect to Constitutional rovisions which limit he e+ercise of legislative and e+ecutive owers, such as the right to due-rocess, eDual rotection of the laws,non- imairment of o:ligations and contracts, etc' @'2 "%OC)%*M*N$ a' "u:lic Bidding "u:lic :idding shall :e reDuired on urchases of sulies, materials and eDuiment in e+cess of "8A,AAA'AA unless the law or the agenc# charter rovides otherwise' :' *mergenc# "urchase 2' )nless otherwise rovided :# law or the charter, agencies are authori<ed to ma-e emergenc# urchase of sulies, materials and sare arts to meet an emergenc# which ma# involve the loss of or danger to life and/or roert#, or are to :e used in connection with a roEect or activit# which cannot :e dela#ed causing detriment to the u:lic service' /alica:le to N6C sectors5 0' An emergenc# urchase shall :e allowed onl# uon a roer showing of the nature of the urchase' ,or this urose, a certification shall :e made :# the agenc# head or his dul# authori<ed reresentative articularl# stating the actual conditions o:taining at the time of urchase, the Duantit# of items needed and the time or eriod when such items are to :e used' =' (n an emergenc# urchase, canvass of rices of items from at least three /=5 :onafide reuta:le suliers shall :e reDuired, e+cet when the amount involved is less the "2,AAA'AA or in case of reeat orders where he rice is the same or less than the original rice' A sulier ma# :e deemed a :onafide and reuta:le if it satisfies the following criteria' a5 it should :e dul# licensed and registered with aroriate :odies; :5 it is not .:lac-listed. :# an# government agenc# at the time of canvass; and c5 it should :e in :usiness for at least si+ /B5 months' c' Negotiated "urchase Negotiated urchase, recogni<ed as another mode of rocurement shall :e allowed under of the following grounds? 2' failure of the reDuired u:lic :idding 0' if urchase is made from reuta:le manufacturers or e+clusive distri:utors rovided the# offer the lowest or most advantageous rice' =' an# urchase made from the "rocurement !ervice @' on emergenc# urchase as herein defined d' %eeat Order A reeat order is a mode of rocurement where:# an agenc# :u#s from the same suliers the same items at the same rices as or lower rices than those covered :# the original contract :etween the arties? A reeat order ma#:e allowed su:Eect to the following conditions; 2' $he rice must :e the same as or lower than the original rice aid for the same items; 0' $he reeat order, if resorted to, will not result to slitting of reDuisitions, urchase orders, contracts and a#ments which is rohi:ited in these .%)6*!.; =' $he total rice of items covered :# the reeat order should not e+ceeded "8A,AAA'AA e+cet when the revious urchase was done through u:lic :idding; @' $he use of reeat orders ma# :e availed of onl# within the si+/B5 months eriod from the date of original urchase order' @'0 !$OCL(NG !u:Eect to availa:ilit# of funds, agencies ma# :e allowed to enter into contracts for the urchase of sulies and materials for one #ear su:Eect to the condition that deliveries shall :e made on a staggered :asis, and the agencies three /=5 months> sul# reDuirements are not e+ceeded and a#ments shall :e made after each deliver# onl#' @'= 6*A!* ")%CHA!* $he national government ma# enter into agreement for the lease urchase of eDuiment su:Eect to u:lic :idding, the aroval of the Office of the Budget and Management, and to other ertinent accounting and auditing regulations' &etails of the a#ments shall :e indicated in the lease urchase agreement and accomanied with a certification of availa:ilit# of eDuiment outla# authori<ed for the agenc# to cover the full contract cost' $he lease urchase agreement ma# :e entered into onl# for seciali<ed eDuiment such t#ewriters, adding machines and automo:iles, the urchase rice of which is at least "8A,AAA'AA' All lease urchase agreement of eDuiment the total value of which e+ceeds "0AA,AAA'AA shall :e su:Eect to the aroval of the "resident' Cororations/local governments ma# adot the mechanisms of these lease-urchase agreement su:Eect to the aroval of their legislative or governing :oards' /alica:le to N6C sectors5 @'@ 6*A!* &*"O!($! A deosit made under a lease contract shall not :e considered as an advance a#ment' $he deosit, however, ma# :e alied to the a#ment of rentals in anticiation of or negotiation for the termination of the contract' /alica:le to N6C sectors5 @'8 $%AJ*6 *4"*N!*!/%A$*! *+enses for the official travel of officials and emlo#ees of government shall :e aid in accordance with the rates rescri:ed under %A =C@7 as amended :# "'&' =@@ and imlemented :# COA General Circular No' 207 dated Novem:er 07, 297=' However, rofit earning cororations e+ercising rorietar# functions ma# fi+ their own travel rates su:Eect to aroval :# the "resident' /!ec' 79 "'&' 22775 @'B OJ*% $(M* An emlo#ee has not rendered the reDuired minimum num:er of wor-ing hours for the wee- ma# :e allowed to claim overtime a# rovided he has sufficient leave credits and uon roer showing that his rendition of overtime service is e+tremel# necessar# and cannot :e disensed with without causing unnecessar# dela# in an# government activit#' (f the overtime service covers onl# three /=5 hours or less, continuous wor- is allowed without :rea-time, :ut if it e+ceeds three /=5 hours, a :rea-time for one hour shall :e maintained' @'7 *4$%AO%&(NA%M AN& M(!C*66AN*O)! *4"*N!* /,O%M*%6M &(!C%*$(ONA%M ,)N&5 @'7'2 ,or National Government !ector *+traordinar# and miscellaneous e+enses shall include,, :ut not limited to, e+enses incurred for or during meetings, seminars and conferences, official entertainment of the official or through his authori<ed reresentative, u:lic relations, educational, athletic and cultural activities, contri:utions to civic or charita:le institutions, mem:ershi fees in government associations, informative maga<ines, li:rar# :oo-s and materials, office eDuiment and sulies and other similar e+enses that are not suorted :# the regular :udget allocations, "%OJ(&*&, that no ortion of the amounts authori<ed thereon shall :e used for the creation of ositions, nor for salaries, wages, allowances, intelligence or confidential e+enses' @'7'0 6ocal Government and Cororate !ectors $he a:ove rovision contained in @'7'2 shall also al# to the local government and cororate sectors' 5.. INCLUSION OF SITUATIONS DEEMED IUEE IN T"E UDATED LIST 8'2 Need/Hustification As these COA rules and regulations on ()** e+enditures cannot e+haust the situations which are deemed such, there is need to set u a s#stem :# which a list of disallowed e+enditures eculiar to an agenc# or a class categor# shall :e made a self-roelling or time-adEusting mechanism such that a case declared ()** in a articular situation/sector is li-ewise deemed ()** in other cases/sectors !imilarl# situated' 8'0 Criteria for Araising ;hether an ()** !ituation is %ie ,or (nclusion in the )dated 6ist or not' /As situation is included in the udated list if it corresonds ositivel# to at least one of the following criteria5 /A5 (s there no esta:lished Eudicial recedence relative to the case/ro:lemN /B5 (s there a high num:er of recurrence of a articular ro:lem within a ver# limited timeN /C5 ;ould it result to losses on non-oeration of the agenc# /&5 (s the case an accurate e+emlifaction of the su:stantive area of the ()** definitionN 8'= "rocedure for (nclusion (n case an ()** !ituation corresonds to an#, several or all of the criteria set and discussed a:ove, the following stes should :e o:served in drafting the ()** !ituation into the )dated 6ist? /A5 $he )nit Auditor recommends to the Commission "roer ()** !ituations deemed rie for (nclusion in the )dated 6ist' /B5 $he ()** !ituation, if deserving will :e ta-en u in the Commission "roer meeting, All the merits and demerits of the inclusion will :e deli:erated and decided uon ta-ing secial attention as to whether or not the situation will al# onl# to the agenc# classification involved, or to the three !ectors of government' /C5 As soon as a decision shall have :een arrived at, the Commission "roer issues a %esolution effecting the inclusion of the ()** !ituation in the )dated 6ist' /&5 ,inall#, for the information of all sectors concerned, the %esolution shall :e u:lished and circulari<ed' 3.. LIST OF COA CIRCULARS ISSUED FOR T"E RE#ENTION OF IRRE%ULAR UNNECESSAR!, E-CESSI#E AND E-TRA#A%ANT E-ENDITURE AND USE OF FUNDS AND ROERT! !u:seDuent to the issuance of COA Circular No' 77-88 on March 09, 2977 which initiall# set the concets, definitions and e+emlifications of irregular unnecessar#, e+cessive and e+travagant e+enditures and uses of roert#, a series of circulars have :e conseDuentl# issued all in ursuance of COA constitutional mandate to issue rules and regulations to revent irregular, unnecessar#, e+cessive and e+travagant e+enditures and uses of roert# and these are considered integral ortions of these .%)6*!.' C(%C)6A% NO' &A$* !)BH*C$ 27-B Nov' 7, 2978 %egulating the use of Government motor vehicles, ;atercrafts' 27-2A Nov' 0A, 2978 "a#ment of !alaries and 6iving Allowances of ,ield Auditing "ersonnel :# the Agenc#, !u:division or (nstrumentalit# of Government where the# are assigned' 78-20 Nov 0C, 2978 Accounting and Auditing (nstructions for the (mlementation of "& @77 /&ecree on 6ocal ,iscal Administration5 and "& 87' 7B-08 March =2, 2978 !ervice and/or incentive fees, remunerations, honoraria and all other forms of e+tra comensation aid to government official and emlo#ees' 7B-08C Hune =A, 297B "olicies on the a#ment of additional comensation, such as allowance, honoraria, incentive fees, service fees, etc', made out of funds of government-owned or controlled cororations' 7B-=C Oct' 0A,297B Guidelines in the imlementation of longevit# a# grants' 77-@-A Hul# 0A, 2977 )nliDuidated cash advances of the officials and emlo#ees of the National Government, 6ocal Government,-owned or controlled Cororations' 7C-7= ,e:' 2=, 297C "urchase of Motor Jehicles' 7C-77 ,e:' 0C, 297C %ules and %egulation to (mlement the (nstructions on Overtime "a#ment as em:odied in 6O( 8B8' 7C-C@ Aug' A2, 297C %estating and )dating Audit %eDuirements for "urchase of !ulies, Materials and *Duiment 79-2A2 Ma#' 08, 2979 "rescri:ing olicies, guidelines, rules and regulations for government infrastructure contracts under "'&' 289@' 79-222 Aug' 0C,2979 Guidelines on the imlementation of 6O(>s ertaining to ersonnel effectiveness, Audit and reduction of government e+enditure' 79-228 !et' B, 2979 Clarification on the articiation of COA officials and/or ersonnel in the disosal either :# destruction or sale of unservicea:le roert#' CA-20= ,e:' B, 29CA 6O( 9C2 entitled .&irecting the imlementation of *conom# Measures in Government for "urose of C(%C)6A% NO' &A$* !)BH*C$ Generation Constingenc# %eserves' CA-20B Han' 0, 29CA Accounting and related rocedures for government agencies including government-owned or controlled cororations, entitled to and Dualified for the ta+ and dail# e+emtions under su:sisting laws, :eing reDuired to a# ta+es and duties under !ection0= of "'&' 2277' CA-20C ,e:' B, 29CA General guidelines and related rocedures for the esta:lishment of fund for medicines and drugs in hosital sanitaria' C2-2802 Han' A7, 29C2 "roosed investment of the National Commission on the %ole of ,iliino ;omen in the Art "atrons of Manila' C2-8A-A Han' 2@, 29C2 "rescri:ing the )se of the %evised Auditing Manual for %esearch Oerations' C2-28= Mar' AB,29C2 "rohi:ition on the )se of aroriation for maintenance and other oerating e+ences for lease- urchase agreement' C-2BA Ar' 02, 29C2 %ules, regulations and accounting rocedures for the receit and disosition of insurance roceeds on damaged/lost government/roert#' C2-2BB Hul# =, 29C2 (mlementation of 6O( C= regarding government urchase of sulies and materials from NAC(N&A/C(&* manufacturers/suliers' C2-2B7 Hul# =A, 29C2 6O( 2=B entitled .adoting !tandard "rocedures and %eDuirements Governing Claims for "a#ment on (nfrastructure "roEects'. C0-200-B Han' 2C, 29C0 Certificate as to Availa:ilit# of ,unds as !ec CB of "'&' 2@@8, "' &' 227C7 /!ec'@B5 and 6O( 9BC' C0-279 Mar' =2, 29C0 (mlementation of Memorandum Circular No' 20=7 of the Office of the "resident' C0-29A Aug' A0, 29C0 Grant of honoraria to the school administrators and the non-teaching ersonnel of the &ivision of Cit# !chools, Manila in relation to !ec' 7= of "'&' 2277' C0-298 Oct' 0B, 29C0 6ifting of "re-Audit of Government $ransactions' C=-0A= &ec' 0@, 29C0 Guidelines, instructions and accounting for Multi-#ear o:ligational authorit# for contracts C(%C)6A% NO' &A$* !)BH*C$ C=-0AB Ma# 0=, 29Cd= *+ecutive Order No' CCC authori<ing Ministers and Heads of Ministries/Agencies to disose of their resective unservicea:le eDuiment and disosa:le roert# and creating a &isosal Committee to facilitate disosal of said roert#' C=-0A7 Ma# 0@, 29C= 6O( 2=A0 dated March 08, 29C= directing that urchase and sales of government securities :# the National >$reasur# and government-owned or controlled cororations :e done with the central Ban- or with government financial institutions' C@-00= Mar' A0,29C@ (mlementation of 6O( 2@B re-&irecting the (mlementation of *conom# Measures in Government and Generation of !avings for CM 29C@' C@-009 Aug' 28, 29C@ Guidelines on allowance of Hudges' C@-0=0 Oct' 00, 29C@ Amendment of 6etter of (mlementation No' 9B re- grant of additional allowance :# local government units to mem:ers and ersonnel of the Eudiciar#' C@-0=C Nov AB,29C@ !afeguarding Government Motor Jehicles and reiterating the restrictions in the use thereof' C@-0=9 Aug' 28 29C@ %ules and regulation governing the accounting for agricultural roducts' C8-@C0 Ma#' 2C, 29C8 (nEuction to the effect that reDusitioning government agencies should secure the most advantageous rice and should not :ase the rice of sulies and eDuiment to :e urchased solel# on 8AA rice listings' C8-08-* Ar' 08,- 29C8 %e-service and/or incentives fees renumerations honoraria in all other e+tra comensation aid to government officials and emlo#ees articularl# the manner of a#ment and accounting treatment thereof' 4.. ALICABILIT! CLAUSE $he rules and regulations for the revention of ()** e+enditures or uses of government funds and roert# shall al# whenever ossi:le to all government agencies e+cet as herein rovided' 8.. SEARABILIT! CLAUSE !hould an# rovisions of these %)6*! or an# art thereof :e declared invalid or inoerative, the other rovisions, so far as the# are seara:le from the invalid or inoerative one, shall remain in full force and effect' 9.. %LOSSAR! OF TERMS Agenc# - shall include all the three /=5 :ranches of government (ts (nstrumentalities, local government-owned or controlled cororations including their su:sidiaries' Agenc# Head - shall refer to the head of ministries, commissions, :ureaus, local and national government and cororations e+ercising governmental or rorietar# functions or :oth' "ermanent Committee O shall refer to a Committee created :# the Chairman, Commission on Audit eseciall# tas-ed to underta-e further stud# on agenc# classifications which focus on their mission/thrusts' (t also serves as a research arm the Commission "roer in assessing whether or not situation is rie for inclusion in the )dated 6ist of !ituational Cases of ()**' )dated 6ist of !ituational Cases &eemed ()**-shall refer to the aroved and udated listing of ()** cases following the stes/rocedures rovided in the COA rules and regulations on ()** e+enditures or uses of government funds and roert#' !tandards - as used in this set of regulations, shall refer the recogni<ed factors then e+isting, the interla# of which largel# determine the oeration of ()** e+enditures' Criteria - this term as used in the )dated 6ist of !ituational Cases of ()** refers to the recogni<ed circumstances e+isting in given situations, the e+istence of which Dualifies a situation for inclusion in the )dated 6ist uon aroval of the Commission "roer'