Pointers On Legal Matters

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LEGAL MATTER

Prepared for NGS Cluster – 4

Request for Fraud Audit Submission of Complaint Assessment Form (CAF) and Evaluation Form (ER)

COA Resolution 2015-016 dated April 14, 2015  Ensure all issues are covered/discussed in the CAF and ER
 Submit ALL supporting documents and communications
 Categorical statement whether the complaint should be subjected to fraud audit
 26 working days to submit CAF/ER

Answer on the Appeal Memorandum State Jurisdictional Facts

Section 6, Rule V of the RRPC  State when ND/NC/NC was served to the Appellant
 Include in the case folder the ND with proof of service
Regular Meeting of the Commission Proper on  All supporting documents original or certified true copy of the original
September 16, 2016 (Motion for Extension of  Extension of time for the filing of Answers will not be allowed, except for good
Time) and sufficient cause, and only if the motion for extension is filed before the
expiration of the time sought to be extended.

Policy on Settlement of Audit Disallowances on  Provide computation (subject to NET take home pay)
Salaries and Other Personnel Benefits by  General Rule: Item 1 COA Resolution No. 2017-021
Persons Liable
Only disallowed salaries, personnel benefits, allowances, or
COA Resolution No. 2017-021 dated November 3, emoluments classified under expenditure of Personal
2017.1 Services shall be allowed to be settled by installment
payment xxx

However, Item 9 of the same Resolution provides for the following:

1
Amendment of COA Resolution No. 2015-031 dated August 22, 2015 on the Policy on Settlement of Audit Disallowances on Salaries and Other Personnel
Benefits by Persons Liable.

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Requests for installment payment covering cases which
are not covered by this Resolution shall be submitted to
the Commission Proper for its consideration, after
evaluation and recommendation of the PLO, LSS.

WRITE OFF  Should be filed per accountable officer/debtor/government entity and by account

Circular 2016-005 dated December 19, 2016


RELIEF  Checklist of documents for Request for Relief from Property Accountability

COA Memorandum No. 92-751 dated February 24,


1992

Legal Retainers Review  Check if the request is for renewal, if yes, please ensure the submission of
accomplishment report covered by previous contract

NFD/COE  Prepare the COE for the disallowances/charges issued by him (Auditor) for the
signature of his Director.
Sections 7.3.6 and 7.4.4 of the 2009 Revised Rules
on Settlement of Account (RRSA) See Memorandum dated March 8, 2019 issued by the CD (Subject: Reminders on
the issuance of Notice of Finality of Decisions and COA Orders of Execution )

In all cases, submit all copies of the communications on the subject, together with the records to the OCD.

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Sample prefatory statement for Answer:
Respectfully submitted herewith is the answer to the appeal filed by ______________________, relative to Notice of
Disallowance (ND) No. ____________________ dated ___________________________ in compliance with Sectin 7, Rule VII of the 2009 Revised
Rules of Procedure of the Commission on Audit and the Order dated October __________________________ of the Office of the Cluster
Director.

Material Dates (to determine the timeliness of the Appeal)


Date of Receipt of ND
Date appeal was filed before the Cluster
Days Elapsed

Based on the foregoing jurisdictional facts, appellant filed the appeal memorandum within the reglementary period
prescribed under xxx.

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