Professional Documents
Culture Documents
DOF BLGF Local Treasury Operations Manual LTOM
DOF BLGF Local Treasury Operations Manual LTOM
DOF BLGF Local Treasury Operations Manual LTOM
ISBN - 978-971-94098-0-9
MESSAGE
I strongly believe that local treasurers play one of the most challenging roles in
local governance. Their awesome responsibilities include among others, their
involvement in every major LOU activity and concern, membership in various local
special bodies and committees addressing LOU financial commitments, custodians and
distributors of election paraphernalia, including the safekeeping of ballot boxes during
election period.
Their core function, however, revolves around the vital aspects of resource
generation, custody and proper disbursement and management of funds, maintaining and
operating the tax information system, and providing local policymakers with vital
information on matters relating to public finance. On their shoulders rest the financial
viability and sustainability of every LOU in this country. Their effectiveness in their jobs
contributes significantly to the increase in national. income.
Like all operating systems, this Manual has to be dynamic. Users of this Manual
have as much responsibility as those who developed it for its continuing improvement
and enhancement. This Manual should be a work in progress towards the migration to
automation of the local treasury operations, moving the treasury processes towards
minimal paper transactions with the least face to face contacts, ultimately providing
faster, responsible and accessible local finance operational services. There should be a
continuing evolvement of more efficient systems through the issuance of supplemental
rules and regulations, and capability and capacity building of local treasurers.
l envision standards of high excellence in local treasury operations with the help
of this Manual.
Department of Finance
Republic of the Philippines
BUREAU OF LOCAL GOVERNMENT FINANCE
Department of Finance
8th floor EDPC Building, Bangko Sentral ng Pilipinas Complex
Roxas Boulevard, M,rnila 1004 "'Telefax Nos. 527-2780 / 527-2790
E-mail: blgf@blgf.gov.ph
MESSAGE
I take pride in the long awaited realization of the Local Treasury Operations
Manual, pai1icularly because it is the product of the meaningful partnership between
Bureau of Local Government Finance (BLGF) and the Local Government Units (LGUs).
The Manual is intended to serve as toolkit to local treasurers in the effective performance
of their multifaceted jobs under the local autonomy regime. lt should likewise be useful
to the barangay treasurers who act as deputized agents of the local treasurers in the
collection of local taxes and in tax collection campaign activities of the LGUs. It
supersedes the Revised Manual ofInstructions to Treasurers of 1954.
The Manual redefines and refocuses the duties and responsibilities of local
treasurers from being collector of taxes and custodian of funds to the broader, more
challenging role of revenue generator, resource mobilizer, and fund manager. Within this
new context, the local treasurer, as chair of the local finance team, is expected to show
greater flexibility and creativity in pursuing new, non-traditional ways of raising money
to support the needs of LG Us not only for its operating expenses, but for improving the
delivery of basic services and undertaking development projects.
The local treasurer's job is exacting, and at times exasperating. But it could also
be exalting. As keeper of public funds, local treasurers are required to be cautious,
accurate, and like Caesar's wife be beyond reproach. They bear the brunt of blame and
unmerited graft charges for missing, misappropriated or mismanaged funds. Some have
succumbed to the attraction of money or the rigors of accusations and investigations that
public officials especially those with fiduciary functions are exposed to. It is gratifying to
know, however, that majority of them have risen to the demands of their duties and
responsibilities and have proven to be high perfonners, and deserving of public trust.
I look forward to seeing more local treasurers evolve as real fiscal advisers in
their respective LGUs and agents of change towards making their LGUs less dependent
on the IRA and more financially capable to provide better service to the people.
Executive Director
Bureau of Local Government Finance
Department of Finance
PHILIPPINE I\SSOCIATION OF LOCAL lREMURERS
AND ASSESSORS (PHI\LTRA), INC.
PHALmA BLOG, 139 MATMIMII< ST.. BA.RANGAYCEtmW... QUEZON cm · TEL NO 43>-094
MESSAGE
Prudent fiscal policy plays a critical role in the growth and development and peace in
every local government unit nationwide.
Seen from the standpoint of social amelioration and the country's macroeconomic
stability, this Treasury Manual Circa 2008 is a necessary guide for revenue agents in
ensuring predictability of funds to address local development requirements more
judiciously.
Why it took 50 years for us to realize the need to overhaul this Manual, is a non-issue
here.. What is important is that God Almighty saw fir to give us the task to infuse new
insights into fiscal management in the context of the existing realities of the new
millennium.
No doubt, this Treasury Manual is a masterful amalgam of ideas and techniques attuned
to the rhythms of the times that should enhance our productive capacity as "Keepers of
the Purse" to collect taxes, create wealth, mobilize resources and put people's money to
good use to uplift the quality of man.
Indeed, thjs is a real tribute to human efficacy for its commitment to structural reforms to
insure fiscal sustainability; for which reason I laud my fellow treasurers of the
Philippines Association of Local Government and Assessors (PHALTRA) and the brain
trust of the Bureau of Local Government Finance (BLGF), who worked hand-in-hand
together to make this manual a reality.
This Manual has been developed in pursuance of item 4.6 of Joint Memorandum Circular
No. 1 , series of 2007 of the Department of the Interior and Local Government (DILG), National
Economic and Deve1opment Authority (NEDA), Department of Budget and Management
(DBM) and Department of Finance (DOF), and Article 456 of the Implementing Rules and
Regulations of Republic Act No. 7160, otherwise known as the Local Government Code of
1991, through the collaborative efforts of the Bureau of Local Government Finance (BLGF)
Central and Regional Office Directors and staff under Executive Director Ma. Presentacion R.
Montesa, Provincial, City, and Municipal Treasurers, as well as former BLGF Directors and
Local Treasury Officials, and the Philippine Association of Local Treasurers and Assessors
(PHALTRA) led by its President, Dr. Victor B. Endriga, with technical assistance from ADB TA
4556.
The support of the Honorable Secretary Margarito B. Teves and Undersecretary Roberto
B. Tan of the DOF has been invaluable in the realization of this Manual.
Bureau of Local Government Finance (BLGF) Key Officials
Central Office
Regional Offices
Adulfo A. Llagas
!CO-Regional Director, CARAGA
LOCAL
TREASURY
OPERATIONS
MANUAL
TABLE OF CONTENTS
A. Introduction
1. Title I
2. Overview 1
B. Rationale
I. Major Changes in Fiscal Organization Since the RMIT was Issued 2
2. The Local Government Code of 1991-RA 7160 2
3. The Present Role of Local Treasurers 3
C. Objectives of Manual 3
D. How to Use the Manual 4
E. Relationship to Existing Laws, Issuances And Pronouncements of Other Fiscal 6
and Regulatory Agencies
BOOK ONE
FISCAL ORGANIZATION OF LOCAL GOVERNMENTS AND THE
LOCAL TREASURER
Sec. 23. Duties and Responsibilities of the Provincial, City, and Municipal 28
Treasurer
Sec. 24. Duties and Responsibilities of the Assistant Provincial, City, and 33
Municipal Treasurer
BOOK TWO
RECEIPTS AND COLLECTION OF LOCAL INCOME, REVENUES AND
OTHER FUND SOURCES
--
Chapter 2. COLLECTION OF REVENUES AND OTHER RECEIPTS
Sec. 56. Fundamental Principles on Collection of Local Taxes, Fees, Charges and 70
Other Receipts
Sec. 57. General Controls on Collection 70
Sec. 58. Handling of Dishonored Checks Received as Collection 73
Sec. 59. Control and Accountability for Official Receipts and Other Accountable 76
Forms
Sec. 60. Daily Turnover and Verification of Collections 83
Sec. 61. Designation of Liquidating Officers for Collections 83
84
Sec. 62. Procedures and Controls on Deposit of Collections with Authorized
Depository Banks
87
Sec. 63. Maintenance and Use of the Cashbook by Local Treasurers, Cashiers,
Liquidating Officers, Tellers, Collectors and Other Local Accountable
Officers.
Sec. 64. Forms and Reports Used by Local Treasury Officials
89
Sec. 65. Policies, Rules and Procedures on Barangay Collections and Remittances
91
and Deposit
93
Sec. 66. Direct Remittance to Barangay Bank Account
94
Sec. 67. Recording of Receipt, Deposits and Remittances of Barangay Collections
BOOK THREE
EXPENDITURES AND DISBURSEMENTS
Sec. 84. Policies and Procedures on Barangay Appropriations and Commitments 134
Sec. 85. Registry of Appropriations and Commitments 137
Sec. 86. Basic Supporting Documents for Barangay Disbursements 137
Sec. 87. Barangay Disbursement by Checks Drawn Against Barangay Funds 139
Maintained with Depository Bank
Sec. 88. Barangay Disbursement by Checks Drawn Against Barangay Funds 141
Deposited with the City or Municipal Treasury
Sec. 89. Barangay Disbursement Out of Cash Advance for Payroll Charged 142
Against Barangay Funds Maintained with Depository Bank
Sec. 90. Barangay Disbursements Out of Cash Advance from Payroll Charged 143
Against Barangay Funds Deposited with the City or Municipal Treasury
Sec. 91. Disbursement Out of Cash Advance for Travel and Special Purpose/Time- 144
Bound Undertaking
Sec. 92. Barangay Disbursement Out of the Petty Cash Fund 145
Sec. 93. General Guidelines on the Preparation of the Sangguniang Kabataan (SK) 147
Budget
Sec. 94. SK Disbursements 147
-
BOOK IV
FUND MANAGEMENT PRACTICES, ACCOUNTABILITY, CASH
EXAMINATION, SHORTAGES AND SETTLEMENT OF ACCOUNTS OF
LOCAL TREASURERS, AND LIABILITIES OF LOCAL TREASURERS IN
THE ADMINISTRATION OF LOCAL TAXES, FEES, AND CHARGES
Sec. 95. Cash Management and Programming and Cash Programming Tools 149
Sec. 96. Cash Flow Forecast 149
Sec. 97. Cash Flow Analysis 151
Sec. 98. Information Provided by the Cash Flow Forecast and Cash Flow Analysis 152
Sec. 99. Daily Cash Flow 153
Sec. 100. Number of Days' Usage in Cash 153
Sec. 101. The Administrative Process for Capital Expenditures 154
Sec. 102. Payback Period 154
Sec. 103. Discounted Cash Flow (Present Value of Cash Returns) 154
Sec. 104. Purpose and Need for Debt 158
Sec. l 05. Funding Competing Capital Projects 158
Sec. 106. Debt Management Policies 159
Sec. 107. Local Government Units Financing Modalities Manual and Debt 161
Management Manual
-
Adjustment ofPredecessor's Differences in His Accounts
Sec. 122. Death or Incapacity of a Local Treasurer or Accountable Officer 167
Sec. 123. Credit for Loss Occurring in Transit or Due to Casualty or Force 168
Majeure
Sec. 124. Basic Requirements for Request for Relieffrom Accountability 168
Sec. 125. Examination by the Commission on Audit 171
Sec. 126. Service of Demand upon the Accountable Officer to Produce His Cash 171
and Other Accountabilities
Sec. 127. Sealing ofSafe 171
Sec. 128. The Count and Inventory ofCash 172
Sec. 129. Inspection of the Safe or Safes and Other Cash Receptacles 172
Sec. 130. Certification ofthe Cash books in the Course ofCash Examination 173
Sec. 131. Review ofTransactions 173
Sec. 132. Certification in General Form No. 74 (A) 174
Sec. 133. Report ofCash Examination 174
Sec. 134. Shortages and Malversation 174
Sec. 135. Presentation of Formal Written Demand to the Accountable Officer 175
Sec. 136. Seizure of Office by the Examining Officer 175
Sec. 137. Notice to the Bureau of Local Government Finance in Case of Shortages
Sec. 138. Constructive Distraint ofProperty ofAccountable Officer
175
176
/
Sec. 139. Withholding ofPayment of Money to Accountable Officer 176
Sec. 140. Cash Overage 176
Sec. 141. Transcript ofAuditor's Record as Evidence of Liability 177
Sec. 142. Auditor's Certificate ofBalance 177
Sec. 143. Auditor's Notice to Accountable Officer ofBalance Shown Upon 177
Settlement
Sec. 144. Certificate of Settlement and Balances (CSB) 177
Sec. 145. Notice of Suspension (NS) 178
Sec. 146. Notice ofDisallowance (ND) 178
Sec. 147. Credit Notice (CN 178
Sec. 148. Notice of Charge (NC) 178
Sec. 149. Audit Observation Memorandum (AOM) 179
Sec. 150. Auditor's Order 179
Sec. 151. Grounds for Suspension 180
Sec. 152. Settlement ofSuspensions 180
Sec. 153. Grounds for Disallowance 180
Sec. 154. Grounds for Charges 180
Sec. 155. Settlement ofDisallowance and Charges 181
Sec. 156. Determination ofPersons Liable for Audit Disallowances or Charges 181
Sec. 157. Finality of the Report, Certificate ofSettlement and Balances, Order or
Decision 182
Sec. 158. Motion for Reconsideration 182
Sec. 159. Appeal from Auditor to Director 182
Sec. 160. Appeal from Director to Commission Proper 183
Sec. 161. Failure of a Responsible Public Officer to Render Accounts Before 183
Leaving the Country
--
Chapter 3. ADMINISTRATIVE, CIVIL, AND CRIMINAL LIABILITIES OF LOCAL
TREASURERS IN THE ADMINISTRATION OF LOCAL TAXES, FEES,
AND CHARGES
BOOK FIVE
DETAILED PROCEDURES ON REAL PROPERTY TAX BUSINESS TAX
FEES AND CHARGES AND OTHER RESOURCE MOBILIZATION
Chapter 1. REAL PROPERTY TAXES
1 R. A. No. 3tJ19
Sec. 188. Collection of Real Property Tax through the Courts 217
Sec. 189. Assailing Validity of Tax Sale 218
Sec. 190. Payment of Delinquent Taxes on Prope1iy Subject of Controversy 218
Sec. 191. Compromise Agreement 218
Sec. 192. Sanctions 218
Sec. 193. Distribution of Proceeds 219
Sec. 194. General Assessment Revision, Expenses Incident Thereto 222
Sec. 195. Condonation or Reduction of Real Property Tax and Interest 222
Sec. 196. Condonation or Reduction of Tax by the President of the Philippines 222
Sec. 197. Fees in Court Actions 222
Sec. 198. Fees in Registration of Papers or Documents on Sale of Delinquent 222
Real Property to Province, City or Municipality
v
Sec. 220. Professional and Amusement Tax Rates 249
Sec. 221. Sharing of Tax on Quarry Resources in Highly Urbanized Cities 249
Sec. 222. Scope of Taxing Powers of Barangays 249
Sec. 223. Related or Combined Businesses 252
Sec. 224. Situs of the Tax 252
Sec. 225. Retirement of Business 256
Sec. 226. Community Tax 257
Sec. 227. Instance When Corporation is Liable for Franchise Tax Notwithstanding 261
Exemption Granted Under its Charter
Sec. 228. Variations of the "In Lieu" clause in the terms of franchise 261
Sec. 229. Uncollected Gross Receipts are Included in Computing Franchise Tax 262
Sec. 230. Authority to Impose and Collect Fees and Charges 262
Sec. 231. Definition of Terms 263
Sec. 232. Common Revenue Raising Powers 264
Sec. 233. Criteria in Determining the Reasonableness of Fees and Charges 264
Sec. 234. Mayor's Permit 265
Sec. 235. Fees for Sealing and Licensing Weights and Measures 269
Sec. 236. Fishery Rentals, Fees and Charges 270
Sec. 237. Fees and Charges that May Be Imposed by Barangays 270
Sec. 238. Fees and Charges that may be Imposed by Local Government Units 271
Sec. 239. Fees and Charges Collected by Local Government Units for the 272
National Government
Sec. 240. Building Permit 273
Sec. 241. Permit Fee for Zoning and Locational Clearance Permit 273
Sec. 242. Motorized Tricycle Operator's Permit 277
Sec. 243. Registration and Transfer of Large Cattle 279
Sec. 244. Permit Fee for Excavation on Streets 280
Sec. 245. Permit Fee for Sealing and Licensing of Weights and Measures 281
Sec. 246. Permit Fee on Film-Making within the Territory of the Local 284
Government Unit
Sec. 247. Permit Fee on Agricultural Machinery and Other Heavy Equipment 284
for Rent
Sec. 248. Permit Fee on Occupation or Calling not Requiring Government 285
Examination
Sec. 249. Permit Fee for the Storage of Flammable and Combustible Materials 289
Sec. 250. Permit Fee on Certain Types of Machineries and Engines 289
Sec. 251. Permit Fee for Temporary Use of Roads, Streets, Sidewalks, Alleys, 289
Patios, Plaza and Playgrounds
Sec. 252. Permit Fee for the Conduct of Group Activities 290
-
Sec. 253. Secretary's Fees 290
Sec. 254. Local Civil Registry Fees 291
Sec. 255. Police Clearance 292
Sec. 256. Sanitary Inspection Fee 292
Sec. 257. Service Fees for Health Examinations 292
Sec. 258. Dog Registration and Vaccination Fees 293
Sec. 259. Fishery Rentals, Fees and Charges 294
Sec. 260. Service Charge for Garbage Collection 296
Sec. 261. Charges for Parking · 297
Sec. 262. Cemetery Charges 297
Sec. 263. Slaughter and Corral Fees 297
Sec. 264. Toll Fees or Charges 298
Sec. 265. Permit for Cockpit Owners/Operators/Licensees/Promoters and Personnel 298
Sec. 266. Political and Corporate Nature of Local Government Units 300
Sec. 267. Nature of Government Enterprise 300
Sec. 268. Ordinance Establishing and Governing the Enterprise 300
Sec. 269. Basic Services and Facilities 300
Sec. 270. Examples of Government Enterprises 304
Sec. 271. Role of Treasurers in Local Government Enterprise Operations 305
Sec. 272. Private Sector Participation in the Operation and Management of Local 305
Government Unit Enterprises
Sec. 273. Common Modes of Contracting for Local Government Units 305
Sec. 274. Barangay Micro-Business Enterprise 307
Sec. 275. Registration of Barangay Micro-Business Enterprise 307
Sec. 276. When is a Business Enterprise "Barangay-Based 308
Sec. 277. Meaning of Micro-Business in Nature and Scope 308
Sec. 278. Registration of Barangay Micro-Business Enterprises 309
Sec. 279. Exemption of Barangay Micro-Business Enterprises from Taxes and Fees 309
Sec. 280. Submission of Documents for Registration as Barangay Micro-Business 309
Enterprise
Sec. 281. Verification of Qualifications 310
Sec. 282. Issuance of the Certificate of Authority 310
Sec. 283. Registration Fee 311
Sec. 284. List of Registered Barangay Micro-Business Enterprises to be Furnished 311
the Bureau of Internal Revenue
Sec. 285. Periodic Evaluation by the Local Treasurer 311
Sec. 286. Cancellation of Registration 311
Sec. 287. Exemption of Barangay Micro-Business Enterprises from Income Tax 312
Sec. 288. Determination of the Value of Assets of the Barangay Micro-Business 313
Enterprise for Income Tax Exemption Purposes
Sec. 289. Procedures in Availing Tax Incentives 313
.r
-
Sec. 290. Filing of Annual Information Return 314
Sec. 291. Where and When to File the Annual Information Return 314
Sec. 292. Revocation of Income Tax Exemption Privilege 314
BOOK SIX
LOCAL TREASURY OPERATIONS (LTO) ANNEXES AND FORMS
LTO
Annex/Form
Number
LOCAL TREASURY OPERATIONS
MANUAL
BOOK ONE
8
Chapter 1 FISCAL ORGANIZATION OF LOCAL GOVERNMENTS
Section 1. Political and Corporate Nature of Local Government Units. - Every local
government unit created or recognized under R. A. No. 7160 or the Local Government Code of
1991, is a body politic and corporate endowed with powers to be exercised by it in conformity
with law. As such, it shall exercise powers as a political subdivision of the National Government
and as a corporate entity representing the inhabitants of its territory. (Sec. 15, LGC)
Section 2. Authority to Create Local Government Units. - A local government unit may
be created, divided, merged, abolished, or its boundaries substantially altered either by law
enacted by Congress in the case of a province, city, municipality, or any other political
subdivision, or by ordinance passed by the sangguniang panlalawigan or sangguniang
panlungsod concerned in the case of a barangay located within its territorial jurisdiction, subject
to such limitations and requirements prescribed in R. A. No. 7160 or the Local Government
Code of 1991. (Sec. 6, LGC)
Section 3. Common Requirements for Creation and Conversion. - As a general rule, the
creation of a local government unit or its conversion from one level to another level shall be
based on verifiable indicators of viability and projected capacity to provide services, to wit:
a. Income - it must be sufficient, based on acceptable standards, to provide for all essential
government facilities and services and special functions commensurate with the size of its
population, as expected of the local government unit concerned;
3) sufficient to provide for such basic services and facilities to meet the requirements of
its populace.
Compliance with the foregoing indicators shall be attested to by the Department of F inance
(DOF), the National Statistics Office (NSO), and the Lands Management B ureau (LMB) of the
Department of Environment and National Resources (DENR). (Sec. 7, LGC)
Section 4. Division and Merger. - Division and merger of existing local government units
shall comply with the same requirements prescribed for their creation: Provided, however, That
such division shall not reduce the income, population, or land area of the local government unit
or units concerned to less than the minimum requirements prescribed in R. A. No. 7160 or the
Local Government Code of 1991: Provided, further, That the income classification of the
...
9
original local government unit or units shall not fall below its current income classification prior
to such division.
The income classification of local government units shall be updated within six (6) months from
the effectivity of R. A. No. 7160 or the Local Government Code of 1991, to reflect the changes
in their financial position resulting from the increased revenues as provided in the same code.
(Sec. 8, LGC)
Section 5. Requisites for Creation of Local Government Units. - A local government unit
may be created, classified, divided, merged, abolished, or their boundaries substantially altered
in accordance with the criteria provided for by R. A. No. 7160 or the Local Government Code of
19912, as follows:
a) Creation of the Province. - A province may be created, divided, merged, abolished, or its
boundary substantially altered only by an Act of Congress and subject to approval by a
majority of the votes cast in a plebiscite to be conducted by the COMELEC in the local
government unit or units directly affected. The plebiscite shall be held within one hundred
twenty (120) days from the date of effectivity of said Act, unless otherwise provided therein.
(Sec. 460, LGC)
2) A population of not less than two hundred fifty thousand (250,000) inhabitants, as
certified by the National Statistics Office.
Provided, That, the creation thereof shall not reduce the land area, population, and income of
the original unit or units at the time of said creation to less than the minimum requirements
prescribed.
The territory need not be contiguous if it comprises two (2) or more islands or is separated by
a chartered city or cities which do not contribute to the income of the province. (Sec. 461,
LGC)
b) Creation of the City. - A city may be created, divided, merged, abolished, or its boundary
substantially altered, only by an Act of Congress, and subject to the approval by a majority of
the votes cast in a plebiscite to be conducted by the COMELEC in the local government unit
1 Sec. 460, Sec. 461 and Sec. 462, for the Province; Sec 449, Sec. 450, as amended by R.A. 9009, and Sec. 451, for
the CihJ; Sec. 452 and Sec. 453, for the Highly Urbanized CihJ; Sec. 441 and Sec. 442, for the Municipality; and
Sec. 385 and Sec. 386, for the Barangay.
10
or units directly affected. Unless otherwise provided in such Act, the plebiscite shall be held
within one hundred and twenty (120) days from the date of its effectivity. (Sec. 449, LGC)
2) A population of not Jes than one hundred fifty thousand (150,000) inhabitants as
certified by the National Statistics Office.
Provided, That, the creation thereof shall not reduce the land area, population, and income of
the original unit or units at the time of said creation to less than the minimum requirements
prescribed.
The territorial jurisdiction of a newly created city shall be properly identified by metes and
bounds. The requirements on land area shall not apply where the city proposed to be created
is composed of one (1) or more islands. The territory need not be contiguous if it comprises
two (2) or more islands. (Sec. 450, LGC, as amended by R.A. 90093)
A city may either be component or highly urbanized: Provided, however, That the criteria
established in the Local Government Code of 1991 shall not affect the classification and
corporate status of existing cities.
Independent component cities are those component cities whose charters prohibit their voters
from voting for provincial elective officials. Independent component cities shall be
independent of the province. (Sec. 451, LGC)
c) Highly Urbanized Cities. - Cities with a minimum population of two hundred thousand
(200,000) inhabitants, as certified by the National Statistics Office, and with the latest
Annual Income of at least Fifty Million Pesos (P 50,000,000.00), based on 1991 constant
prices, as certified by the City Treasurer, shall be classified as a highly urbanized cities.
Cities which do not meet the above requirements shall be considered component cities of the
province in which they are geographically located. If a component city is located within the
boundaries of two (2) or more provinces, such city shall be considered a component of the
province of which it is used to be a municipality.
2 An Act Amending Section 450 of R. A. No. 7160, by Increasing the Average Annual Income Requirement for a
Municipality or Cluster of Barangays to be Converted into a Component City.
..
11
Qualified voters of highly-urbanized cities shall remain excluded from voting for elective
provincial officials.
Unless otherwise provided in the Constitution or the Local Government Code of 1991,
qualified voters of independent component cities shall be governed by their respective
charters, as amended, on the participation of voters in provincial elections.
Qualified voters of cities who acquired the right to vote for elective provincial officials prior
to the classification of said cities as highly-urbanized after the ratification of the Constitution
and before the effectivity of the Local Government Code of 1991, shall continue to exercise
such right. (Sec. 452, LGC)
Provided, That the creation thereof shall not reduce the land area, population or income of
the original municipality or municipalities at the time of said creation to less than the
minimum requirements prescribed.
The Average Annual Income shall include the income accruing to the General Fund of the
municipality concerned, exclusive of special funds, transfers and non-accruing income.
e) Creation of the Barangay. - A barangay may be created, divided, merged, abolished, or its
boundary substantially altered, by law or by an ordinance of the sangguniang panlalawigan
or sangguniang panlungsod, subject to approval by a majority of the votes cast in a plebiscite
12
to be conducted by the COMELEC in the local government unit or units directly affected
within such period of time as may be determined by the law or ordinance creating said
barangay. In the case of creation of barangays by the sangguniang panlalawigan, the
recommendation of the sangguniang bayan concerned shall be necessary. (Sec. 385, LGC)
A barangay may be created out of contiguous territory which has a population of at least two
thousand (2,000) inhabitants, as certified by the National Statistics Office, except in cities
and municipalities within Metro Manila and other metropolitan political subdivisions or in
highly urbanized cities where such territory shall have a certified population of at least five
thousand (5,000) inhabitants; Provided, That the creation thereof shall not reduce the
population of the original barangay or barangays to less than the minimum requirement
prescribed.
To enhance the delivery of the basic services in the indigenous cultural commumtles,
barangays may be created in such communities by an Act of Congress, notwithstanding the
above requirement.
The territorial jurisdiction of the new barangay shall be properly identified by metes and
bounds or by more or less permanent natural boundaries. The territory need not be
contiguous if it comprises two (2) or more islands.
The governor or city mayor may prepare a consolidation plan for barangay, based on the
foregoing criteria, within his territorial jurisdiction. The plan shall be submitted to the
sangguniang panlalawigan or sangguniang panlungsod concerned for appropriate action.
In the case of municipalities within the Metropolitan Manila area and other metropolitan
political subdivisions, the barangay consolidation plan shall be prepared and approved by the
Sanggunian Bayan concerned. (Sec. 386, LGC)
Section 6. Division and Merger of Local Government Units. - Division and merger of
existing local government units shall comply with the same requirements prescribed for their
creation under the Local Government Code of 1991: Provided, however, That such division shall
not reduce the income, population, or land area of the local government unit or units concerned
to Jess than the minimum requirements prescribed in the same Code: Provided, further, That the
income classification of the original local government unit or units shall not fall below its current
income classification prior to such division.
The income classification of local government units shall be updated within six (6) months from
the effectivity of the Local Government Code of 1991 to reflect the changes in their financial
position resulting from the increase in revenues as provided in the same Code. (Sec. 8. LGC)
13
--- _.......____ - --
The law or ordinance abolishing a local government unit shall specify the province, city,
municipality, or barangay with which the local government unit sought to be abolished will be
incorporated or merged. (Sec. 9, LGC)
(b) The ARMM Regional Assembly may prescribe standards lower than those mandated under
Republic Act No. 7160, the Local Government Code of 1991, in the creation,'division, merger,
abolition, or alteration of the boundaries of provinces, cities, municipalities, or barangay.
Provinces, cities, municipalities, or barangay created, divided, merged, or whose boundaries are
altered without observing the standards prescribed by Republic Act No. 7160, the Local
Government Code of 1991, shall not be entitled to any share of the taxes that are allotted to the
local government units under the provisions of the same Code.
(c) The holding of a plebiscite to dete1mine the will of the majority of the voters of the areas
affected by the creation, division, merger, or whose boundaries are being altered as required by
Republic Act No. 7160, the Local Government Code of 1991, shall, however, be observed. (Sec.
19, Act. VI, R. A. No. 90543, amending R. A. No. 6734 4)
(d) The Autonomous Region in Muslim Mindanao (ARMM) 1s composed of the following
provinces and cities (Sec. I (2), Art. II, R. A. No. 9054):
Provinces: Cities:
Basilan Cotabato
Cotabato Dapitan
Davao de! Sur Dipolog
Lanao de! Norte General Santos
Lanao de! Sur Iligan
Maguindanao Kidapawan
Palawan Marawi
Sarangani Pagadian
South Cotabato Puerto Princesa
Sultan Kudarat Digos
Sulu Koronadal
Tawi-Tawi Tacurong
3 An Act to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao, Amending
for the Purpose R. A. No. 6734, as Amended.
4 An Act Providing for the Autonomous Region in Muslim Mindanao
14
l
Zamboanga del Norte Zamboanga
Zamboanga del Sur
Zamboanga Sibugay
(b) The Local Treasurer shall be under the administrative supervision of the governor or mayor,
as the case may be, to whom he shall report regularly on the tax collection efforts in the local
government unit.
(c) No person shall be appointed Local Treasurer unless he is a citizen of the Philippines, a
resident of the local government unit concerned, of good moral character, a holder of a college
degree preferably in commerce, public administration or law from a recognized college or
university, and a first grade civil service eligible or its equivalent. He must have acquired
experience in treasury or accounting service for at least five (5) years in the case of the
Provincial or City Treasurer, and three (3) years in the case of the Municipal Treasurer. (Sec.
470, LGC)
(d) The position of Local Treasurer should be included in the plantilla of personnel in the local
government unit concerned, properly approved by the DBM. The plantilla should show the
following information:
1) Designation of Position;
2) Appropriation or Budget Item Number approved by the sanggunian
concerned;
3) Range/Salary Grade of the Position; and
4) Authorized and Actual Salary per annum including the emoluments therein.
The appointment of a Treasurer shall be mandatory for provincial, city and municipal
governments. (Sec. 470, LGC)
The Secretary of Finance shall appoint only from the list of qualified recommendees nominated
by the local chief executive, and if none is qualified, the Secretary of Finance must return the list
of recommendees to the LCE with the reason therefor, and the LCE must give a new list of
eligible qualified recommendees.
Section 10. Appointment and Qualifications of the Assistant Treasurer. - (a) An Assistant
Treasurer may be appointed by the Secretary of Finance from a list of at least three (3) ranking,
15
eligible recommendees of the governor or mayor, subject to civil service law, rules and
regulations.
(b) No person shall be appointed Assistant Treasurer unless he is a citizen of the Philippines, a
resident of the local government unit concerned, of good moral character, a holder of a college
degree preferably in commerce, public administration, or law from a recognized college or
university, and a first grade civil service eligible or its equivalent. He must have acquired at least
five (5) years experience in the treasury or accounting service in the case of the Assistant
Provincial or City Treasurer, and three (3) years in the case of the Assistant Municipal Treasurer.
The appointment of an Assistant Treasurer shall be optional for the provincial, city and
municipal governments. (Sec. 471, LGC)
Section 11. Delegation by the Secretary of Finance of the Appointing Authority to the
BLGF Executive Director. - The Secretary of Finance delegated to the BLGF Executive
Director the appointing authority over Provincial, City and Municipal Treasurers and their
Assistants, except City and Municipal Treasurers of Metro Manila and their Assistants. (DOF
Personnel Order No. 305-2000, October 27, 2000)
16
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' ·l
belong to the local treasury service over which the Secretary of Finance, through the Bureau
of Local Government Finance, exercises administrative and technical supervision. In the
absence of qualified and ranking personnel from the local treasury service, the ranking and
qualified personnel from the local accounting office and other related offices may be
considered, but they must first be detailed by the appointing authority concerned with the
Local Treasury Office to which the recommendee will be assigned before the designation can
be effected.
d) Requirements for the Relief, Transfer or Detail of Treasurers and Assistant Treasurers.
- Designations of OIC/ICO-Provincial/City/Municipal Treasurers and Acting Assistant
Provincial/City/Municipal Treasurers shall only be made under the grounds cited under
Section 10 (a) of this Manual. Requests for relief, transfer, or detail of Treasurers and
Assistant Treasurers shall be acted upon only for justifiable reasons and after compliance
with the requisites of due process, i.e., the Treasurer consents thereto; there exists a final
audit finding of cash shortage properly validated by the Regional Director and/or his duly
authorized representative and the Treasurer is ordered suspended pursuant to Section 348 of
R. A. 7160; and the Treasurer has been formally charged with a grave offence and the ninety
(90) day preventive suspension has expired, but formal investigation has not yet been
terminated.
e) Period of Designation. - The designation shall be for a period of six (6) months, unless
sooner revoked, with a maximum of two (2) extensions except in case where the Assistant
Treasurer is the one designated OIC/ICO-Treasurer and where the incumbent Treasurer has a
pending administrative and/or criminal case. For monitoring purposes, the Order shall
specifically state the effectivity and expiration dates thereof.
17
h) Confirmation of Designation by the BLGF Executive Director. - Designation submitted
by the Regional Director for confirmation shall be acted upon by the Executive Director,
Bureau of Local Government Finance within fifteen ( 15) days from receipt thereof,
otherwise, subject designation is deemed approved.
...
18
certain limitations of the powers, authority and prerogatives normally exercised by the head
of the office. (Sec. 7. 7, Local Administrative Regulations No. 1-85, February 7, 1985,
Ministry ofFinance)
An ICO of a Provincial/City/Municipal Treasury Office shall not have the power to appoint
subordinate officers. (Sec. 7. 7.4, Local Administrative Regulations No. 1-85, February 7,
1985, Ministry ofFinance)
rI
regular incumbent, or the issuance of the Order of Designation, with the confirmation of the
BLGF Executive Director.9 (Sec. 7.4, Local Administrative Regulations No. 1-85, February 7,
1985, Ministry ofFinance)
The Assistant Provincial/City Treasurer who automatically assumes as ICO shall within 24 hours
notify directly the BLGF Regional Director concerned of the absence, sickness, death or other
incapacity of the regular incumbent and of the date of his/her assumption in a caretaker capacity.
(Sec. 7. 4.1, Local Administrative Regulations No. 1-85, February 7, 1985, Ministry ofFinance)
Within 48 hours after receipt of the notice, the BLGF Regional Director shall issue the Order of
Designation of the Assistant Provincial/City Treasurer or any other competent officer as
ICO/OIC(Sec. 7. 4, Local Administrative Regulations No. 1-85), subject to the requirements
therefor.10
Section 15. Automatic Succession of the Assistant Municipal Treasurer. - In cases where
the Provincial/City Treasurer is unable or did not have the opportunity to recommend the
designation of an ICO/OIC, or the BLGF Regional Director has not issued an Order for such
designation, the regularly appointed Assistant Municipal Treasurer, unless otherwise
incapacitated or precluded by legal impediments, shall automatically assume as !CO or in a
caretaker capacity, until the return to duty of the regular incumbent, or the issuance of an Order
of Designation, with the confirmation of the BLGF Executive Director.11 (Sec. 7.5, Local
Administrative Regulations No. 1-85, February 7, 1985, Ministry o.f Finance)
8
See Sec. I 2 (a), this Manual
9
See Sec. I2, this Manual
10 See Sec. 12 (a), this Manual
19
A
The Assistant Municipal Treasurer who automatically assumes as ]CO shall within 24 hours
notify the BLGF Regional Director concerned, thru the Provincial Treasurer, of the absence,
sickness, death or other incapacity of the regular incumbent and of the date of his/her assumption
in a caretaker capacity. (Sec. 7.5.1, Local Administrative Regulations No. 1-85, Februa,y 7,
1985, Ministry ofFinance)
Within 48 hours after receipt of the notice, the Regional Director shall issue the Order of
Designation of the Assistant Municipal Treasurer or any other competent officer as
ICO/OIC (Sec. 7.5.2, Local Administrative Regulations No. 1-85, Februa1y 7, 1985,
12
Ministry ofFinance), subject to the requirements therefor.
a) The Barangay Treasurer shall be appointed by the punong barangay with the concurrence of
the majority of all the sangguniang barangay members. The appointment of the Barangay
Treasurer shall not be subject to attestation by the Civil Service Commission.
b) The Barangay Treasurer must be of legal age, a qualified voter, and an actual resident of the
barangay concerned.
a) Nomination of at least three ranking eligible recommendees by the Local Chief Executive;
c) The evaluation of the qualifications of the recommendees, shall be in accordance with the
following criteria:
I) Performance Rating - based on the last two (2) Performance Ratings of the
recommendees which should at least be Very Satisfactory.
2) Work Experience - either in the local treasury or accounting services for at least five
(5) years in the case of Provincial or City Treasurer and Assistant Provincial or City
Treasurer and three (3) years in the case of the Municipal Treasurer and Assistant
Municipal Treasurer.
...
20
3) Education - at least college degree preferably in Commerce, Public Administration
or Law from a recognized college or university.
Section 18. Detail or Temporary Assignment of Local Treasurers and Assistant Local
Treasurers. - A detail is the movement of an employee from one department or agency to
another which is temporary in nature, which does not involve a reduction in rank, status or salary
and does not require the issuance of another appointment.
The employee detailed receives his salary only from his mother unit/agency.
Detail shall be allowed only for a limited period in the case of employees occupying
professional, technical and scientific position. If the employee believes that there is no
justification for the detail, he may appeal his case to the Civil Service Commission. Pending the
appeal, the decision to detail the employee shall be executory unless otherwise ordered b the
Commission. (Sec. 8, Rule VII, Omnibus Rules Implementing Book V of E. 0. No. 292 1 and 1
Other Pertinent Civil Service Laws)
21
Guidelines to be observed regarding the detail or temporary assignment of Local Treasurers and
Assistant Local Treasurers:
c) Service of an employee covered by items (a) and (b) above shall be considered service
rendered to the mother LGU. (Sec. 216 (2nd par.), Vol./, GAAM)
d) The LCE requesting the detail or temporary assignment shall submit a written request to the
Executive Director of the Bureau of Local Government Finance. The request shall state the
name of the employee to be detailed, the period of detail and the reasons for the detail.
e) In case of detail or temporary assignment from one LGU to another LGU, the request for
such detail or temporary assignment shall be approved only upon the concurrence in writing
of the LCE of the LGU where the Local Treasurer or Assistant Local Treasurer sought to be
detailed is permanently appointed or stationed. (DOF Personnel Order No. 335-03, October
1, 2003)
f) Clearance and approval of the Civil Service Commission shall be required for details or
temporary assignment requiring a period exceeding one ( 1) year and involving the
performance of regular and recurring functions in the agency where the Local Treasurer or
Assistant Local Treasurer is to be detailed. (Sec. 216, Vol./, GAAM)
g) No detail or reassignment shall be made within three (3) months before any election. (Sec. 5,
Rule XVIII, Omnibus Rules Implementing Book V of E. 0. No. 292 and Other Pertinent Civil
Service Laws)
Section 19. Salaries of Local Treasurers and Assistant Local Treasurers Under
Preventive Suspension. - The proper disciplining authority may preventively suspend any
subordinate officer or employee under his authority pending an investigation, if the charge
against such officer or employee involves dishonesty, oppression or grave misconduct, or neglect
in the performance of duty, or if there are reasons to believe that the respondent is guilty of
charges which would warrant his removal from office. (Sec. 51, Title I, Subtitle A, Book V, E. 0.
No. 292)
Any public officer against whom any criminal prosecution under a valid information under R. A.
No. 3019 or the Anti-Graft and Corrupt Practices Act or under the provisions of the Revised
Penal Code on bribery is pending in court, shall be suspended from office. Should he be
convicted by final judgment, he shall lose all retirement or gratuity benefits under any law, but if
22
he is acquitted, he shall be entitled to reinstatement and to the salaries and benefits which he
failed to receive during suspension, unless in the meantime administrative proceedings have been
filed against him. (Sec. I 3, R. A. 3019 14)
The Secretary of Finance through the BLGF Ex.ecutive Director may temporarily relieve or
suspend Provincial, City and Municipal Treasurers and their Assistants (DOF Order No. 305-
2000, October 27, 2000, as amended by DOF Personnel Order No. 321-2000, November 17,
2000), concurrently with the Civil Service Commission (Sec. 29, Rufe XIV, Omnibus Rules
Implementing Book V of E. 0. No. 292 and Other Pertinent Civil Service Laws) and the Office of
the Ombudsman (Sec. 24, R. A. 6770 15), pending administrative investigation.
Other provisions applicable on the salaries of Local Treasurers and Assistant Local Treasurers
under preventive suspension:
a) When the administrative case against the officer or employee under preventive suspension is
not finally decided by the disciplining authority within the period of 90 days after the date of
suspension of the respondent who is not a presidential appointee, the respondent shall be
automatically reinstated in the service: Provided, That when the delay in the disposition of
the case is due to the fault, negligence or petition of the respondent, the period of delay shall
not be counted in computing the period of suspension herein provided. (Sec. 52, Bk. V, E. 0.
No. 292)
b) A Local Treasurer who is reinstated after having been illegally dismissed is considered as not
having left his office and should be given comparable compensation at the time of his
reinstatement in an amount not exceeding five (5) years salary regardless of whether the
period of illegal dismissal exceeds five (5) years. Such Treasurer cannot be faulted for his
inability to work or render any service as a result of his illegal dismissal because this was not
his own making or liking. If dismissal was due to bad faith or personal malice of superior
officers, they (superior officers) will be held accountable for the Local Treasurer's back
wages (Gabriel vs. Hon. Eufemia C. Domingo, G.R. No. 87420, Sept. 17, 1990)
c) The death of a respondent Treasurer terminates administrative proceedings against him and
entitles his heirs to all the benefits due him together with his unpaid salaries from the date of
his suspension to the date of his death. (411, lndorsement, CSC, March 17, 1956)
d) Claims for salaries during preventive suspension shall be supported by the following
documents:
I) A certified true copy of the order of exoneration or of the court's order dismissing the
criminal case against the employee or absolving him; or
2) A certified true copy of the authority granted by the department head for the payment
of salary during suspension; or
.. 23
3) A certified true copy of the President's order of exoneration providing for payment of
salary during suspension. (Sec. 220, Vol. I, GAAM)
Section 20. Salaries of Local Treasurers and Assistant Local Treasurers During Attendance
in Administrative, Civil or Criminal Investigation. - Absence of a Local Treasurer or
Assistant Local Treasurer is considered service in regular course under the following
circumstances:
In case the hearing or trial is conducted outside the LGU where the Local Treasurer or
Assistant Local Treasurer is stationed, he shall automatically be on official travel and shall be
entitled to per diem and transportation expenses, subject to the usual accounting and auditing
rules and regulations. The summons of the Court shall be sufficient evidence in lieu of a
Travel Order.
c) Witness in a civil case between two private parties, and in which the Government has
no interest. - A witness is not obliged to attend as such in a civil action before any court,
judge, justice, or other officer out of the province in which he resides, unless the distance be
less that fifty (50) kilometers from his place of residence to the place of trial by the usual
course of travel. Therefore, a Local Treasurer or Assistant Local Treasurer cited to appear in
a civil case between two private parties wherein the Government has no interest, in order to
testify as to knowledge of fact obtained by him in his official capacity, shall not be entitled to
salary for absence on account of such appearance if the distance from his place of residence
to the place of trial by the usual course of travel be more than fifty (50) kilometers. If the
distance involved is less than fifty (50) kilometers, and the Local Treasurer or Assistant
Local Treasurer is cited as a witness in a civil case involving private persons as litigants for
knowledge or fact acquired by him in his private capacity, his absence will be chargeable
24
against him without prejudice to his right to seek reimbursement from the party at whose
instance he testified. If such witness testifies on a case from knowledge or fact acquired by
him in his official capacity, or to produce official papers or documents, and the distance
between his place of residence and the place of trial is less than fifty (50) kilometers, his
appearance will be considered service in due course, but in such a case the province, city or
municipality to which he pertains shall collect witness' fees for his appearance under the
conditions prescribed by the Rules of Court. (Sec. 226, Vol. I, GAAM)
Section 21. Approval and Grant of Application for Leave of Absence of Local
Treasurers and Assistant Local Treasurers. - The approval of application for leave of
Provincial, City and Municipal Treasurers and Assistant Provincial, City and Municipal
Treasurers shall be as follows:
1. All applications for leave of absence, i. e. vacation, sick, maternity/paternity, and special
privilege leave and terminal leave of Provincial/City/Municipal Treasurer and Assistant
Provincial/City/Municipal Treasurer shall be approved by the BLGF Regional Director,
copies of which shall be furnished to the BLGF Central Office. Where the applicant intends
to leave the country, the application for leave shall be approved by the Department of
Finance, regardless of the duration.
3. Application for vacation leave and sick leave of Provincial/City/Municipal Treasurer shall be
supported by a request for the designation of an Officer-in-Charge or In-Charge of Office.
Likewise, the LCE concerned shall recommend the approval of said application for leave.
I. Funeral/Mourning Leave
2. Graduation Leave
3. Enrollment Leave
4. Wedding/Anniversary Leave
5. Birthday Leave
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6. Hospitalization Leave
7. Accident Leave
8. Relocation Leave
9. Government Transaction Leave
10. Calamity Leave
A maximum of three (3) days within a calendar year of any or a combination of the special
leave privileges of their choice may be availed of by the Provincial/City/Municipal Treasurer
and the Assistant Provincial/City/Municipal Treasurer. The SPL may be availed of by the
Provincial/City/Municipal Treasurer and the Assistant Provincial/City/Municipal Treasurer
when the occasion is personal to them or that of their immediate family members.
2) Financial aid or assistance brought about by force majeure events such as calamities,
typhoons, fire, earthquakes and accidents;
26
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3) Educational needs of the Provincial/City/Municipal Treasurer or the Assistant
Provincial/City/Municipal Treasurer or the immediate members of his/her family;
4) Payment for mortgages and loans entered into for the benefit of the
Provincial/City/Municipal Treasurer or Assistant Provincial/City/Municipal Treasurer
or the immediate members of his/her family;
The monetization of fifty percent (50%) or more of the accumulated leave credits shall be
upon the favorable recommendation of the LCE and subject to availability of funds. (Sec. 23,
Omnibus Rules Implementing Book V of E.O. No. 292, as amended by CSC Memorandum
Circular No. 41, s. 1998).
The BLGF Regional Offices shall perform the following administrative and technical functions
involving local treasury operations:
a) Supervise and coordinate the conduct of local treasury and assessment operations of
provinces, cities and municipalities within the region for the proper implementation of laws,
decrees, rules, regulations and administrative issuances of the Department of Finance;
b) Coordinate the plans, programs and activities of local treasury and assessment offices in the
conduct of tax collection drives and tax information and education campaigns;
c) Conduct regional training programs, seminars, workshops and other allied activities fro the
improvement of the administrative and technical skills in the local treasury offices;
27
d) Undertake measures that would lead to efficient administration of local treasury operations
through the following:
1) Conduct periodic supervisory visitation and inspection of the offices of the provincial,
city and municipal treasurers;
4) Monitor the implementation by LGUs of national and local tax ordinances and tax
measures;
5) Review, evaluate, and monitor LGU financial and fiscal reports for timely and
accurate submission which are crucial in the target-setting of tax and revenue
collections;
a) Collection of Local Revenues. - All local taxes, fees and charges shall be collected by the
provincial, city, or municipal, or barangay treasurer, or their duly authorized deputies.
The provincial, city or municipal treasurer may designate the barangay treasurer as his
deputy to collect local taxes, fees or charges. ln case a bond is required for the purpose, the
provincial, city or municipal government shall pay the premiums thereon in addition to the
premiums of the bond that may be required under the Local Government Code of 1991. (Sec.
170, LGC)
b) Collection of Real Property Tax. - The collection of the real property tax with interest
thereon and related expenses, and the enforcement of the remedies provided for in Title 2,
Book II of R. A. No. 7160 or the Local Government Code of 1991 or any applicable laws,
shall be the responsibility of the city or municipal treasurer concerned.
The city or municipal treasurer may deputize the barangay treasurer to collect all taxes on
real property located in the barangay: Provided, That the barangay treasurer is properly
28
bonded for the purpose: Provided, further, That the premium on the bond shall be paid by the
city or municipal government concerned. (Sec. 247, LGC)
c) Custody and Requisition of Accountable Forms. - The treasurer shall be the custodian of
all accountable forms requisitioned by the local government unit. He shall maintain a
complete record of the receipt, issue and transfer of accountable forms. (Sec 24, COA
Circular No. 92-382' 6)
Collectors/Tellers shall file requisitions of accountable forms for their use with the treasurer
through a Requisition and Issue Voucher. They shall be accountable for all accountable
forms issued to them. There shall be no transfer of accountable forms between
collectors/tellers. (Sec 25, COA Circular No. 92-382)
d) General Functions. - The treasurer shall take charge of the treasury office, perform the
duties provided for under Book II of the Local Government Code of 1991, and shall:
1) Advise the governor or mayor, as the case may be, the sanggunian, and other local
government and national officials concerned regarding disposition of local
government funds and on such other matters relative to public finance (Sec. 470 (d)
(]), LGC), including amendments to local tax ordinances, identification of fiscal
modalities, development of debt management strategies, identification of investment
opportunities, and others;
2) Take custody and exercise proper management of the funds of the local government
unit concerned (Sec. 470 (d) (2), LGC), including effective cash flow forecasting,
analysis of liquidity position and management of surplus cash positions;
3) Take charge of the disbursement of all local government funds and such other funds
the custody of which may be entrusted to him by law or other competent authority
(Sec. 470 (d) (3), LGC), to ensure an effective and efficient management of
expenditure and disbursement levels;
4) Inspect private commercial and industrial establishments within the jurisdiction of the
local government unit concerned in relation to the implementation of tax ordinances,
pursuant to the provisions under Book II of the Local Government Code of 1991;
(Sec. 470 (d) (4)
5) Maintain and update the tax information system of the local government unit; (Sec.
470 (d) (5), LGC)
6) In the case of the provincial treasurer, exercise technical supervision over all treasury
offices of component cities and municipalities; (Sec. 470 (d) (6), LGC)
1s Circular on Accounting and Auditing Rules and Regulations Designed to Implement Certain Provisions of the
LGC which took effect on July 3, 1992.
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7) Exercise such other powers and perform such other duties as may be prescribed by
law or ordinance. (Sec. 470 (e), LGC)
e) Specific Functions -
1) Certify as to the Availability of Funds. - No money shall be disbursed unless the local
budget officer certifies to the existence of the appropriation that has been legally made
for the purpose, the local accountant has obligated said appropriation, and the local
treasurer certifies the availability of funds for the purpose (Sec. 344, LGC; COA Circular
No. 2006-002, January 31, 2006). It is the primary duty of the local treasurer to certify to
the availability of funds prior to all disbursements from the local treasury, in conjunction
with the certification of the local budget officer on the existence of an appropriation for
the purpose and the certification of the local accountant on the obligation for the
appropriation.
2) Implement Tax Collection and Enforcement Program. - The Local Treasurer is vested
by law to collect and receive all monies accruing to their respective jurisdictions whether
in the form of collectible taxes and other revenues or trust funds pertaining to other
branches or units of government.
3) Prepare and Submit Reports. - The Local Treasurer shall prepare and submit daily
report of collections, with the supporting documents. Likewise, the Local Treasurer shall
accomplish and submit quarterly report of Statement of Income and Expenditures (SIE),
and other reports in forms prescribed by the BLGF.
In case the examination herein authorized is made by a duly authorized deputy of the
local treasurer, the written authority of the deputy concerned shall specifically state the
name, address, and business of the taxpayer whose books, accounts, and pertinent records
..
30
are to be examined, the date and place of such examination, and the procedure to be
followed in conducting the same.
For this purpose, the records of the revenue district office of the Bureau of Internal
Revenue shall be made available to the local treasurer, his deputy or duly authorized
representative. (Sec. 171, LGC)
7) Issue a Certified Statement Covering Actual Income. - On or before the fifth (5 th) day
of September each year, the City or Municipal Treasurer, jointly with the City or
Municipal Accountant, shall issue a certified statement covering the actual income of the
past year and the estimates of income of the current and ensuing fiscal years from local
sources, for the barangay concerned. Based on such certified statement, the barangay
treasurer shall submit, on or before the fifteenth (15th) day of September each year, to the
punong barangay a statement covering the estimates of income and expenditures for the
past, current and ensuring fiscal years. (Art. 423 (b), IRR, LGC)
Upon receipt of the statement of income and expenditures from the barangay treasurer,
the punong barangay shall prepare the barangay budget for the ensuing fiscal year in the
manner and within the period prescribed in the Implementing Rules and Regulations of
the Local Government Code of 1991, and submit the annual barangay budget to the
sangguniang barangay for enactment. (Art. 423 (c), IRR, LGC)
8) Keep Full Sets of Secondary Standards for Use in the Testing of Weights and
Measures. - On the sealing of weights and measures, Municipal Treasurers are shall keep
full sets of secondary standards in their offices for use in the testing of weights and
measures. These secondary standards shall be compared with the fundamental standards
of the Department of Science and Technology (DOST) at least once a year. The sealing
and licensing of weights and measures shall be the duty of Municipal Treasurer and their
deputies. In case of violation, fraudulent practices and unlawful possession or use of
instruments of weights and measures, shall settle an offense involving the commission of
fraud before a case therefore is filed in court, upon payment of a compromise penalty of
not less than Two Hundred Pesos (P 200.00).
...
31
registry entry and the copy thereof issued as a certificate of ownership shall be signed by
the owner and the Municipal Treasurer, and attested to by the Municipal Secretary (Sec.
517, Revised Administrative Code). Upon every transfer of large cattle, the Municipal
Treasurer shall issue to the purchaser of the animal a certificate of transfer showing the
name and residence of the owner/vendor, name and residence of the buyer, purchase
price, identification marks of the animal and the reference to the original certificate of
ownership by number and the name of municipality which issued the certificate. (Sec.
426, RMIT17)
10) See to it that Payment of Taxes of a Business is not Avoided Through Simulation of
the Retirement thereof and Recommend to the Mayor for the Disapproval of the
Application for the Termination or Retirement of the Business. - The Local
Treasurer shall see to it that the payment of taxes of a business is not avoided through
simulation of the termination or retirement thereof. For this purpose, the Local Treasurer
shall observe as follows: a) Assign every application for the termination or retirement of
a business to an inspector from the Local Treasury Office who shall proceed to the
address on record of the business to verify if it is no longer operating. If the inspector
finds that the business is simply placed under a new name, manager and/or a new owner,
the Local Treasurer concerned shall recommend to the LCE for the disapproval of the
application for termination or retirement of the business. Accordingly, the business shall
continue to be liable for the payment of all taxes, fees and charges imposed thereon under
existing local tax ordinances; and b) In the case of a new owner to whom the business
was transferred by sale or other form of conveyance, said new owner shall be liable to
pay the tax or fee for the transfer to him of the business if there is an existing ordinance
prescribing such transfer tax. (Notes on Sec. 145, LGC, p. 120, Philippine Law on Local
Government Taxation, Annotated, 2000 Edition, Sofronio B. Ursa!)
11) Attend Sessions of the Sanggunian. - The Local Treasurer, when required and upon
prior approval of the local chief executive, shall attend the sessions of the sanggunian.
12) Exercise Such Other Powers and Functions and Perform Such Other Duties and
Responsibilities. - The Local Treasure shall .exercise such other powers and functions
and perform such other duties and responsibilities as may be prescribed by law or
ordinance, as follows:
b) Deputies of the National Government to collect Fire Fees and Alien Registration
Fees.
1
6 Revised Manual of Instructions to Treasurers
32
b. Bids and Awards Committee (BAC) (R.A. No. 9184/Sec. 364, LGC)
c. Local Prequalification, Bids and Awards Committee (Local PBAC) (Sec.
37, LGC)
d. Local School Boards (Sec. 98 (a), LGC)
e. Appraisal Committee (for purposes of expropriation and purchase of real
property)
Section 24. Duties and Responsibilities of the Assistant Provincial, City, and Municipal
Treasurer:
1. The Assistant Treasurer shall assist the Treasurer and perform such duties as the latter may
assign to him/her;
ii. The Assistant Treasurer shall have authority to administer oaths concerning notices and
notifications to those delinquent in the payment of the real property tax and concerning
official matters relating to the accounts of the treasurer or otherwise arising in the offices of
the treasurer and the assessor (Sec. 471 (c), LGC); and
iii. In case of the temporary absence of the Treasurer, the Assistant Treasurer shall automatically
perform the functions of the former and shall be fully responsible therefor until the
designation of an Officer-In-Charge or In-Charge of Office by the Department of Finance
through the BLGF. 19
a. Update on the tax information system. - The Local Treasurer regularly provides updates
on local tax information system, hence, he/she must have a first-hand statistical information
on the collections from local taxes, fees and charges, upon which a continuing evaluation on
the adequacy of collections from said sources in relation to the programs intended to be
financed thereby and the cost of administering these taxes, fees and charges, could be made.
b. Advice on the adequacy of taxes, fees and charges. - The continuing evaluation on the
adequacy of collections will determine the need to increase or decrease the rates of taxes,
fees and charges, so that, the Local Treasurer is duty-pound to advise the sanggunian on the
33
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need to increase the rates of taxes, fees and charges to a level sufficient to cover the cost of
operations and developmental programs and projects.
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c. Advice on continued relevance of certain impositions. - The Local Treasurer must also be
able to advise the local chief executive and the members of the sanggunian as to when local
impositions should be reduced or removed, such as when the purpose of an existing
imposition has ceased to exist, or if the costs sought to be recovered by the fee imposed have
decreased drastically, or as a matter of strategy, the local chief executive or sanggunian
wants to attract business by reducing certain local impositions.
d. Update on the adjustment of fees and charges. - While the Local Government Code of
1991, allows the rates of taxes to be adjusted only once every five (5) years, there is no
prohibition for such adjustment insofar as fees and charges are concerned. The effect of
inflation on collections impacts on the capability of the local government unit to implement
programmed activities or to render mandated basic services. The rates of fees and charges
need to be adjusted regularly to offset the effects of inflation. It is therefore the duty of the
Local Treasurer to advise the local chief executive and the members of the sanggunian on the
matter to effect the necessary adjustment.
e. Dissemination of tax ordinances and revenue measures. - Copies of all provincial, city,
and municipal and barangay tax ordinances and revenue measures shall be furnished the
respective Local Treasurer for public dissemination. It is therefore the duty of the Local
Treasurer concerned to disseminate to the public all newly approved tax ordinances and
revenue measures.2°
Section 26. The Role of the Local Treasurer in the Collection of Delinquent Local Taxes,
Fees, Charges, and Related Surcharges:
a) Posting of Notice of Delinquency in the Payment of Real Property Tax. - When the real
property tax or any other tax imposed under Title Two, Chapter 6 of the Local Government
Code of 1991, becomes delinquent, the provincial, city, or municipal treasurer shall
immediately cause a notice of the delinquency to be posted at the main entrance of the
provincial capitol, or city or municipal hall and in a publicly accessible and conspicuous
place in each barangay of the local government unit concerned. (Sec. 254, LGC)
b) Issuance of a Duly Authenticated Certificate for the Distraint of Personal Property for
the Collection of Delinquent Local Taxes, Fees, or Charges, and Related Surcharges
and Interest. - In the case of distraint of personal property as an administrative remedy for
the collection of taxes, fees or charges, and related surcharges and interest resulting from
delinquency, the local treasurer or his deputy shall issue a duly authenticated certificate based
upon the records of his office showing the fact of delinquency and the amounts of the tax,
fee, or charge and penalty due. Such certificate shall serve as sufficient warrant for the
distraint of personal property, subject to the taxpayer's right to claim exemption under the
provisions of existing laws. (Sec. 175 (a), LGC)
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In the case of levy on real property as an administrative remedy for the collection of taxes,
fees or charges and related surcharges and interest resulting from delinquency, the provincial,
city or municipal treasurer, as the case may be, shall prepare a duly authenticated certificate
showing the name of the taxpayer and the amount of the tax, fee, or charge, and the penalty
due from him. Said certificate shall operate with the force of a legal execution throughout
the Philippines. A written notice of the levy shall be mailed to or served upon the assessor
and the Registrar of Deeds of the province or city where the property is located, and to the
delinquent taxpayer. (Sec. 176, LGC)
c) Advertisement and Sale of Delinquent Property. - Within thirty (30) days after levy, the
local treasurer shall proceed to publicly advertise for sale or auction the property or a usable
portion thereof as may be necessary to satisfy the claim and cost of sale; and such
advertisement shall cover a period of at least thirty (30) days. If the taxpayer fails to pay the
taxes, fees, charges, penalties and interests, the sale shall proceed and shall be held either at
the main entrance of the provincial, city, or municipal building, or on the property to be sold,
or at any other place as determined by the local treasurer conducting the sale and specified in
the notice of sale.
Within thirty (30) days after the sale, the local treasurer or his deputy shall make a report of
the sale to the sanggunian concerned, and which shall form part of his records. The local
treasurer shall make and deliver to the purchaser a certificate of sale, showing the
proceedings of the sale, describing the property sold, stating the name of the purchaser and
setting out the exact amount of all taxes, fees, charges, and related surcharges, interests, or
penalties. Any excess in the proceeds of the sale over the claim and cost of sale shall be
turned over to the owner of the property. (Sec. 178, LGC)
Section 27. The Local Treasurer's Role in Other Boards and Committees Created
Pursuant to the Local Government Code of 1991 and Other Laws -
There is hereby created in every province, city, or municipality a local finance committee to be
composed of the local planning and development officer, the local budget officer, and the local
treasuret. It shall exercise the following functions:
a) Determine the income reasonably projected as collectible for the ensuing fiscal year;
35
b) Recommend the appropriate tax and other revenue measures or borrowings which may be
appropriate to support the budget; \
c) Recommend to the local chief executive concerned the level of the annual expenditures and
the ceilings of spending for economic, social and general services based on the approved
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local development plans;
d) Recommend to the local chief executive concerned the proper allocation of expenditures for
each development activity between current operating expenditures and capital outlays;
e) Recommend to the local chief executive concerned the amount to be allocated for capital
outlay under each development activity or infrastructure project;
f) Assist the sangguniang panlalawigan in the review and evaluation of budget of component
cities and municipalities in the case of provincial finance committee, the barangay budgets in
the case of city or municipal finance committee, and recommend the appropriate action
thereon;
g) Assist the sanggunian concerned in the analysis and review of annual regular and
supplemental budgets of the respective local government unit to determine compliance with
statutory and administrative requirements; and
h) Conduct semi-annual review and general examination of cost and accomplishments against
the performance standards applied in undertaking development projects.
A copy of this report shall be furnished the local chief executive and the sanggunian
concerned, and shall be posted in conspicuous and publicly accessible places in the
provinces, cities, municipalities and barangays. (Sec. 316, LGC)
a) There shall be established 111 every provmce, city, or municipality a provincial, city, or
municipal school board, respectively.
I) The provincial school board shall be composed of the governor and the division
superintendent of schools as co-chairmen; the chairman of the education committee
of the sangguniang panlalawigan, the provincial treasurer, the representative of the
pederasyon ng mga sangguniang kabataan in the sangguniang panlalawigan, the
duly elected president of the provincial federation of parents-teachers associations,
the duly elected representative of the teachers' organizations in the province, and the
duly elected representative of the non-academic personnel of public schools in the
province, as members;
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2) The city school board shall be composed of the city mayor and the city superintendent
of schools as con-chairmen; the chairman of the education committee of the
sangguniang panlungsod, the city treasurer, the representative of the pederasyon ng
mga sangguniang kabataan in the sangguniang panlungsod, the duly elected
president of the city federation of parents-teachers associations, the duly elected
representative of the teachers' organizations in the city, and the duly elected
representative of the non-academic personnel of public schools in the city, as
members; and
3) The municipal school board shall be composed of the municipal mayor and the
district supervisor of schools as co-chairmen; the chairman of the education
committee of the sangguniang bayan, the municipal treasurer, the representative of
the pederasyon ng mga sangguniang kabataan in the sangguniang bayan, the duly
elected president of the municipal federation of parents-teachers associations, the
duly elected representative of the teachers' organizations in the municipality, and the
duly elected representative of the non-academic personnel of public schools in the
municipality, as members. (Sec. 98 (a) and (b), LGC)
c) The performance of the duties and responsibilities of the abovementioned officials in their
respective local school boards shall not be delegated. (Sec. 98 (d), LGC)
2) Authorize the provincial, city or municipal treasurer, as the case may be, to disburse
funds from the Special Education Fund pursuant to the budget prepared and in
accordance with existing rules and regulations;
4) Recommend changes in the names of public schools within the territorial jurisdiction
of the local government unit for enactment by the sanggunian concerned. (Sec. 99,
LGC)
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e) The co-chairmen and members of the provincial, city or municipal school board shall perform
their duties as such without compensation or remuneration. Members thereof who are not
government officials or employees shall not be entitled to necessary traveling expenses and
allowances chargeable against the funds of the local school board concerned, subject to
existing accounting and auditing rules and regulations. (Sec. 101, LGC)
There shall be in every province, city or municipality a Committee on Awards to decide the
winning bids and questions of awards on procurement and disposal of property.
The Committee on Awards shall be composed of the local chief executive as chairman, the local
treasurer, the local accountant, the local budget officer, the general services officer, and the head
of office or department for whose use the supplies are being procured, as members. In case a
head of office or department would sit in a dual capacity, a member of the sanggunian elected
from among its members shall sit as a member. The Committee on Awards at the barangay level
shall be the sangguniang barangay. No national official shall sit as a member of the Committee
on Awards. (Sec. 364, LGC)
Each municipality, city or province shall maintain a Bids and Awards Committee which shall be
composed of one ( 1) representative each from the regular offices under the Office of the Local
Chief Executive such as but not limited to the following: Offices of the Administrator, the
Budget Officer, the Legal Officer, the Engineering Office, and the General Services Office. The
end user office shall always be represented in the BAC. The BAC members shall be at least five
(5) but not more than seven (7) and who shall be personnel occupying plantilla positions of the
LGU. The Local Chief Executive shall designate the members of the BAC who shall elect among
themselves the Chairman and Vice-Chairman. In no case shall the LCE and /or appointing
authority be the Chairman or member of the BAC. (Sec. 11.2.2, Rule V, IRR, R.A. No. 918421 )
The BAC shall also prepare the procurement monitoring report covering all procurement
activities specified in the Annual Procurement Plan (APP), whether ongoing and completed,
costing � 50 million and above for goods and infrastructure projects, and
P 5 million and above for consulting services. The report shall cover all activities from pre
procurement conference to the issuance of notice of award and approval of contract. The report
20 An Act Providing for the Modernization and Regulation of the Procurement Activities of the Government and for
Other Purposes.
38
shall be approved by the head of the procuring entity, and submitted to the Government
Procurement Policy Board (GPPB) in printed and electronic format within ten (10) working days
after the end of each semester. The GPPB is an inter-agency board created under the Government
Procurement Reform Act or R. A. No. 9184, chaired by the Secretary of the Department of
Budget and Management to formulate and amend the IRR and the corresponding standard forms
for Procurement, ensure the regular conduct by government entities of procurement training,
preparation of procurement operations manual for all government agencies, and conduct annual
review of the effectiveness of the Procurement Law and recommend amendments thereto as
necessary.
a) There is hereby created a local prequalification, bids and awards committee in every
province, city, and municipality, which shall be primarily responsible for the conduct of
prequalification of contractors, bidding, evaluation of bids, and the recommendation of
awards concerning local infrastructure projects. The governor or the city or municipal mayor
shall act as chairman with the following as members:
5) Any practicing certified public accountant from the private sector, to be designated by
the local chapter of the Philippine Institute of Certified Public Accountants, if any.
(Sec. 3 7, LGC)
b) The agenda and other information relevant to the meetings of such committee shall be
deliberated upon by the committee at least one (1) week before the holding of such meeting.
c) All meetings of the committee shall be held in the provincial capitol or the city or municipal
hall. The minutes of such meetings of the committee and any decision made therein shall be
duly recorded, posted at a prominent place in the provincial capitol or the city or municipal
hall, and delivered by the most expedient means to elective local officials concerned.
39
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Section 28. Treasurer's Role in the National and Local Elections pursuant to the
Omnibus Election Code. - City (not comprising at least one (1) legislative district) and
Municipal Treasurers shall act as Vice-Chairman in City/Municipal Board of Canvassers which
shall canvass election returns coming from the polling places within its jurisdiction. (Sec. 2 (d), I
Omnibus Election Code)
Local Treasurers are mandated under the Omnibus Election Code to participate in the national
I
and local elections in the following capacities:
1) Custodianship of Ballot Boxes and Election Paraphernalia. - The Provincial, City and
Municipal Treasurer shall have custody of ballot boxes and such election paraphernalia,
supplies and materials as are entrusted to him under the law or rules of the COMELEC and
shall be responsible for their preservation and storage, and for any loss, destruction,
impairment or damage of any election equipment, material or document in their possession
furnished under the Omnibus Election Code. (Sec. 162, Art. XIII, Omnibus Election Code)
In case of destruction or disappearance of any ballot box on election day, the Board of
Election Inspectors shall immediately report it to the City or Municipal Treasurer who shall
furnish another box or receptacle as equally adequate as possible. The Election Registrar
shall report the incident and the delivery of a new ballot box to the COMELEC and to the
Provincial Election Supervisor. (Sec. 160, Art. XIII, Omnibus Election Code)
2) Preparation of Emergency Ballots. - In the event of failure to receive the official ballots on
time, or where there are no sufficient ballots for all registered voters or when they are
destroyed and it is impossible to provide other ballots, the City or Municipal Treasurer shall
provide other ballots which shall be similar to the official ones and which shall be uniform
within each polling place. The City/Municipal Treasurer shall immediately report such action
to the COMELEC.
The City/Municipal Treasurer shall not undertake the preparation of emergency ballots
unless the political parties, candidates and the organizations authorized by the COMELEC to
designate watchers have been sufficiently notified to send their representatives and have
agreed in writing to the preparation and use of emergency ballots. (Sec. 182, Art. XVI,
Omnibus Election Code)
3) Record of Quantity and Serial Numbers of Official Ballots and Election Returns.- The
Provincial, City or Municipal Treasurer shall respectively keep a record of the quantity and
serial numbers of official ballots and election returns furnished the various provinces, cities,
municipalities and polling places, as the case may be. Legible copies of such record shall be
furnished the duly authorized provincial, city or municipal representatives of the ruling party
and the dominant opposition party, and the COMELEC immediately after the distribution is
made of such official ballots and election returns. (Sec. 186, Art. XVI, Omnibus Election
Code)
4) Verification and Distribution of Official Ballots and Election Returns. - The Provincial,
City and Municipal Treasurers, together with the respective watchers of the ruling party and
40
dominant opposition party and COMELEC representatives, shall verify the contents of the
boxes containing the shipment of official ballots, election returns and sample official ballots
received by the said treasurers. The Provincial Treasurers shall keep a record of their receipt
and distribution to each Municipal Treasurer, while the City and Municipal Treasurer shall
each keep a record of their distribution to the Board of Election Inspectors. (Sec. 189, Art.
XVI, Omnibus Election Code)
6) Delivery to and Preservation of Key to Ballot Box by the Provincial Treasurer. - Upon
the termination of the counting of the votes, the used ballots, unused ballots, tally board or
sheet, copy of the election returns and the minutes of proceedings of the Board of Election
Inspectors shall be placed in the ballot box. The ballot box shall be locked with three
padlocks and the keys shall be placed in separate envelopes, sealed and signed by all
members of the board. Said envelopes shall be delivered by a COMELEC representative to
the following: one envelope to the Provincial Treasurer, another to the Provincial Fiscal and
the other to the Provincial Election Supervisor. (Sec. 217, Art. XVJJJ, Omnibus Election
Code)
The Provincial Election Supervisor, the Provincial Treasurer and the Provincial Fiscal shall
keep the envelope containing the keys in their possession intact during the period of three
months following the election. After this period, unless the COMELEC has ordered
otherwise, the Provincial Election Supervisor and the Provincial Fiscal shall deliver to the
Provincial Treasurer the envelopes containing the keys under their custody. (Sec. 219, Art.
XVIII, Omnibus Election Code)
7) Delivery, Preservation and Disposition of Ballot Boxes. - The ballot box, all supplies of
the BEi and all pertinent papers and documents shall immediately be delivered by the BEi
and the watchers to the City or Municipal Treasurer who shall keep his office open all night
on the day of the election if necessary for the purpose, and shall provide the necessary
facilities for said delivery at the expense of the city or municipality. The City or Municipal
Treasurer shall on the day after the election require the members of the BEi who failed to
send the objects herein referred to deliver the same to him immediately and acknowledge
receipt thereof in detail. (Art. XVIII, Sec. 217, Omnibus Election Code)
The City and Municipal Treasurer shall keep the ballot boxes under their responsibility for
three months and stored unopened in a secured place, unless the COMELEC orders otherwise
or shall demand them sooner or shall order their preservation for a longer time in connection
with any pending contest or investigation. Upon the lapse of three months and if there is no
order to the contrary, the COMELEC may authorize the City and Municipal Treasurer in the
41
presence of its representative to open the boxes and bum their contents, except the copy of
the minutes of the voting and the election returns deposited therein which they shall keep.
(Sec. 219, Art. XVJJJ, Omnibus Election Code)
The chairman and the members of the Board of Canvassers shall not be related within the
fourth civil degree of consanguinity or affinity to any of the candidates whose votes will be
canvassed by said board, or to any member of the same board. (Secs. 221-222, Art. XIX,
Omnibus Election Code)
9) Delivery and Transmittal of Election Returns. - For the City and Municipal Board of
Canvassers, the copy of the election returns of a polling place intended for the City or
Municipal Board of Canvassers, duly placed inside a sealed envelope signed and affixed with
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the imprint of the thumb of the right hand of all members of the BEI, shall be personally
delivered by the members of the BEi to the City or Municipal Board of Canvassers under the
I
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proper receipt to be signed by all the members thereof. (Sec. 229, Art. XIX, Omnibus Election
Code)
10) Safekeeping of Transmitted Election Returns. - The Board of Canvassers shall keep the
ballot boxes containing the election returns in a safe and secured room before and after the
canvass. The door to the room must be padlocked by three (3) locks with the keys kept as
follows: one with the chairman, the other with the representative of the ruling party, and the
other with the representative of the dominant opposition party. (Sec. 230, Art. XIX, Omnibus
Election Code)
11) Canvass by the Board of Canvassers. - The Board of Canvassers shall meet not later than
six o'clock in the afternoon of election day at the place designated by the COMELEC to
receive the election returns and to immediately canvass those received. It shall meet
continuously from day to day until the canvass is completed. Subject to reasonable
exceptions, the Board of Canvassers must complete their canvass within 36 hours in
municipalities, 48 hours in cities and 72 hours in provinces. (Sec. 231, Art. XIX, Omnibus
Election Code). Violation hereof shall be an election offense punishable with imprisonment
of not less than one year but not more than six years and shall not be subject to probation. In
addition, the guilty party shall suffer disqualification to hold public office and deprivation of
the right of suffrage (Sec. 264, Art. XIX, Omnibus Election Code)
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a) Bonding of Local Treasurers and Accountable Officers. - Every officer of the local
government unit whose duties permit or require the custody of funds, property/accountable
forms shall be covered by a fidelity bond (2.1 Bureau of the Treasury Order No. 01-95), and
such officer shall be accountable and responsible for said funds a nd property/accountable
forms and for the safekeeping thereof in conformity with the provisions of law. (Sec. 305 (!),
LGC; Sec. 101, P. D. No. 1445)
Due care should be exercised in accomplishing the Request for Bonding (General Form No. 57
(A) and the Application for Bond (General Form No. 58 (A) to ensure their correctness and thus,
accelerate action on them. The procedure for bonding shall be as follows:
l ) Notice to the Bureau of the Treasury. - Appointment or lawful accession by any person to
a bonded or bendable position or office, shall be notified immediately by the LGU to the
Fiscal Examiner IV of the Bureau of the Treasury in the province or region where the
appointee is assigned. (4.1, Bureau ofthe Treasury Order No. 01-95)
2) General Form No. 57 (A). - Three (3) copies of General Form No. 57 (A), shall be used in
the notification, request for application, increase, reduction, cancellation or transfer of a
bond, duly signed by the head of agency concerned. (4.2, Bureau of the Treasury Order No.
01-95)
3) General Form No. 58 (A). - Every applicant for bond shall accomplish General Form No. 58
(A) in four (4) copies, which shall be subscribed and sworn to before any officer duly
authorized by law. (4.3, Bureau ofthe Treasury Order No. 01-95)
4) Endorsement to the Bureau of the Treasury. - The duly accomplished General Form No.
58 (A) with three (3) photographs in 3" x 4" shall be endorsed by the head of agency or
office concerned to the Fiscal Examiner IV of the Bureau of the Treasury in the province or
region together with the request for bonding, General Form No. 57 (A), for approval (4.4,
Bureau of the Treasury Order No. 01-95), accompanied by the following:
1. Sworn Statement of Assets and Liabilities as of the date of application and request
for bonding;
11. Latest approved Appointment to bendable position;
111. If the position of the applicant is not bendable but applicant is given bondable
duties, Office Order or Designation;
iv. Proof of Payment of bond premium deposited with an authorized government
depository bank. (4.5 Bureau of the Treasury Order No. 01-95)
c) Bonding for the Barangay Treasurer. - The Barangay Treasurer shall be bonded in
accordance with existing laws in the amount to be determined by the Sangguniang Barangay
but not to exceed Ten Thousand Pesos (¥ l 0,000.00), the premiums of which shall be paid by
the barangay. He shall be bonded with the Fidelity Fund immediately upon assumption of
office.
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Section 30. Schedule of Cash Accountability and the Corresponding Bonds. - The
schedule of bonds for Provincial, City, and Municipal Treasurers and other accountable officers
and employees shall be as follows:
A. For Cash -
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18,001.00 21,000.00 16,750.00 202.50
21,001.00 25,000.00 18,900.00 251.25
25,001.00 30,000.00 22,500.00 283.50
30,001.00 35,000.00 26,250.00 337.50
35.001.00 40,000.00 30,000.00 393.75
40,001.00 50,000.00 37,500.00 450.00
50,001.00 60,000.00 45,000.00 562.50
60,001.00 80,000.00 60,000.00 675.00
80,001.00 100,000.00 75,000.00 900.00
100,001.00 250,000.00 100,000.00 1,125.00
250,001.00 500,000.00 225,000.00 1,500.00
500,001.00 750,000.00 350,250.00 3,375.00
750,001.00 1,000,000.00 500,000.00 5,253.75
1,000,001.00 5,000,000.00 1,500,000.00 7,500.00
5,000,001.00 25,000,000.00 3,500,000.00 22,500.00
25,000,001.00 75,000,000.00 4,000,000.00 52,500.00
75,000,001.00 100,000,000.00 5,000,000.00 60,000.00
75,000.00
An official/employee who has both money and property accountability, shall be bonded only
once to cover both accountabilities, but the amount of the bond shall be in accordance with the
above schedule, provided however, that the amount of bond shall not exceed Five Million Pesos
44
(P 5,000,000.00). (6.2, Bureau of the Treasury Order No. 1-99, amending Bureau of the
Treasury Order No. 01-95)
When the maximum amount of the bond is exceeded, the accountable officer and his immediate
supervisor shall take immediate steps to have the excess accountability transferred to another
official/employee who shall then be covered by another bond. (6.3, Bureau of the Treasury
Order No. 01-95)
A bond is personal and therefore not transferable. (7.9, Bureau of the Treasury Order No. 01-95)
Section 31. Accountable Officers Considered Unsafe Risks. - When a bonded official or
employee or applicant for bonding is not, in the judgment, of the Fiscal Examiner IV of the
Bureau of the Treasury, a safe and conservative risk, owing to character, association, or habits,
such fact shall be reported to the head of the concerned LGU who shall cause the removal or
relief of the official or employee from such duties requiring a bond, The decision of the Fiscal
Examiner IV of the Bureau of the Treasury may be appealed to the Treasurer of the Philippines
through the Regional Director of the Bureau of the Treasury whose decision shall be final. (3.1,
Bureau of the Treasury Order No. 01-95)
No bonded official or employee shall be given clearance by the LGU from money and property
accountability without proof of bond cancellation as herein required. (5.2, Bureau of the
Treasury Order No. 01-95)
Section 33. The Fidelity Fund. - All bond premia collected by the Bureau of the Treasury
shall constitute the Fidelity Fund.
The Fidelity Fund shall answer for defalcations, shortages and unrelieved accountability after all
possible means of recovery of the amount from the accountable official or employee have been
exhausted or his/her insolvency is declared by a competent court.
The Fidelity Fund shall be available for the payment of court fees incident to civil proceedings to
recover the sum lost.
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2) To answer the liability of a bonded official/employee convicted of estafa through
falsification of public documents in his/her capacity as private individual, and
Section 34. Validity of Fidelity Bonds. - Approved fidelity bonds are valid for one (1) year.
The bond shall be renewed by the LGU by submitting to the Bureau of the Treasury the request
together with the list of bonded officials and employees subject to renewal and other attachments
such as:
3) Agency certification that applicant has no pending administrative and/or criminal case
Bonds shall be automatically cancelled at expiration date unless renewed. (7. 7, Bureau of the
Treasury Order No. 1-99, amending Bureau of the Treasury Order No. 01-95)
Section 35. Adjudication of Claims Against the Fidelity Fund. - Any and all claims against
the Fidelity Fund together with all the evidences relating thereto shall be filed with the Regional
Director of the Bureau of the Treasury who shall recommend appropriate action to the Treasurer
of the Philippines. Approval of a claim shall constitute a legal claim against the Fidelity Fund.
Only approved claims shall be paid from the Fidelity Fund. (9. 0, Bureau of the Treasury Order
No. 01-95)
46
LOCAL TREASURY OPERATIONS
MANUAL
BOOK TWO
47
Chapter 1 TYPES OF LOCAL INCOME AND REVENUES COLLECTED
BY LOCAL GOVERNMENT UNITS
Section 36. Definition of Income. - Income refers to all revenues and receipts collected or
received forming the gross accretions of funds of the local government unit. (Sec. 306 (i), LGC)
Section 37. Power to Create Sources of Revenue. - Each local government unit shall
exercise its power to create its own sources of revenue and to levy taxes, fees and charges subject
to the provisions of the Local Government Code of 1991, consistent with the basic policy of
local autonomy. Such taxes, fees and charges shall accrue exclusively to the local government
units. (Sec. 129, LGC)
Local government units do not have the inherent power to tax (Basco vs. PAGCOR, 197 SCRA
52), except such power as may be delegated to them by law (p. 401, Tax Law and Jurisprudence,
Second Edition, Vitug and Acosta), that is, the 1987 Constitution through R. A. No. 7160 or the
Local Government Code of 1991
Thus, the power to impose a tax, fee or charge or to generate revenue under the Local
Government Code of 1991 shall be exercised by the sanggunian of the local government unit
concerned through an appropriate ordinance. (Sec. 132, LGC)
Section 38. Fundamental Principles. - The following fundamental principles shall govern
the exercise of the taxing and other revenue-raising powers of local government units:
a) Taxation shall be uniform in each local government unit. (Sec. 130 (a), LGC)
Equality and uniformity in local taxation means that all taxable articles or kinds of property
of the same class shall be taxed at the same rate within the territorial jurisdiction of the taxing
authority or local government unit and not necessarily in comparison with other units
although belonging to the same political subdivision. In fine, uniformity is required only
within the geographical limitation of the taxing authority21 (p. 416, Tax Law and
Jurisprudence, Second Edition, Vitug and Acosta). Thus, if the tax is a city tax, it must be
uniform throughout the city; if the tax is a municipal tax, it must be uniform throughout the
municipality (Notes on Sec. 130, LGC, p. 18, Philippine Law on Local Government Taxation,
Annotated, 2000 Edition, Ursa!). The uniformity required is only within the territorial
jurisdiction of a province, a city, a municipality or a barangay (Art. 219 (a), IRR,
implementing Sec. 130 (a), LGC).
A tax is considered uniform when it operates with the same force and effect in every place
where the subject may be found. Where the statute or ordinance applies equally to all
persons, firms and corporations placed in similar situations, there is no infringement of the
rule on equality. Inequalities which result from the singling out of one particular class, in
respect to other classes, for taxation and exemption infringe no constitutional limitation (p.
416, Tax Law and Jurisprudence, Second Edition, Vitug and Acosta).
48
Uniformity is not equivalent to equality in taxation (p. 18, Philippine Law on Local
Government"Taxation, Annotated, 2000 Edition, Ursa/). The Supreme Court has ruled, "It is
true that the uniformity essential to the valid exercise of the power of taxation does not
require identity or equality under all circumstances, or negate the authority to classify the
object of taxation. The classification made in the exercise of this authority, to be valid, must,
however, be reasonable and this requirement is not deemed satisfied unless:
3) The classification applies, not only to present conditions, but, also, to future
conditions substantially identical to those of the present; and
4) The classification applies equally to all those who belong to the same class.
These conditions are not fully met by the ordinance in question. Indeed, if its purpose
were merely to levy a burden upon the sale of soft drinks or carbonated beverages, there
is no reason why sales thereof by dealers other than agents or consignees of producers or
merchants established outside the City of Butuan should be exempt from the tax.22 (p.
417, Tax Law and Jurisprudence, Second Edition, Vitug and Acosta)
I) be equitable and based as far as possible on the taxpayer's ability to pay (Sec.
130 (b) (!), LGC). Equitability is characterized by equity. It means being fair to all
concerned and that it is without prejudice, favor or vigor entailing undue hardship. It
is the word fairness that best describes equitable. It the tax is excessive, it is not fair.
When the tax discriminates, aside from violating the rule of uniformity, it is not fair.
If the tax is in restraint of trade (that is, it discourages investors), it is not fair.
2) be levied and collected only for public purposes (Sec. 130, (b) (2), LGC). Public
purpose requires that the proceeds of taxation are used to support the existence of the
49
local government or the pursuit of its governmental objectives (p. 419, Tax Law and
Jurisprudence, Second Edition, Vitug and Acosta). The tax should be designed to
support the services of the Government and the recognized public needs. The tax
must affect the area as a community rather than as individual (LGC Annotated by
Nolledo).
3) not be unjust, excessive, oppressive, or confiscatory (Sec. 130, (b), (3), LGC). The tax
must be reasonable in order not to be unjust or oppressive (LGC Annotated by
Nolledo).
4) not be contrary to law, public policy, national economic policy, or in restraint of trade
(Sec. 130 (b) (4), LGC). A tax is contrary to law if it is a tax beyond the authority of
an LGU to impose (LGC Annotated by Nolledo). Thus, a local ordinance, to be valid,
must not contravene the Constitution or any statute; not be unfair or oppressive; not
be partial or discriminatory; not prohibit but may regulate trade; be general and
consistent with public policy; and not unreasonable (US vs. Abendan, 24 Phil.165). A
A
tax must not be in restraint of trade in that it must not deter the free flow of commerce
he country, and cause considerable increase in the price of commodities, to the
udice of the consuming public ( Sec 133 (e), Annotated, Local Government
xation, Ursa!). /oV
c. The collection of local taxes, fees, charges and other impositions shall in no case be let to any
private person (Sec. 130, (c), LGC). The Supreme Court has said that entrusting the
collection of the fees to a private person does not destroy the public purpose of the ordinance,
stating that so long as the purpose is public, it does not matter whether the agency through
which the money is dispensed is public or private. (Bagatsing vs. Ramirez, L-41631, Dec. 17,
1976)
d. The revenue collected pursuant to the provisions of the Local Government Code shall inure
solely to the benefit of, and be subject to disposition by the local government unit levying the
tax, fee, charge or other imposition unless otherwise specifically provided in the same Code
(Sec. 130 (d), LGC). In no case can the National Government share in local taxes even if
provided by law. The Constitution provides that local taxes, fees and charges shall accrue
exclusively to the local governments. (Sec. 5, Art. X, 1987 Constitution).
e. Each local government unit shall, as far as practicable, evolve a progressive system of
taxation (Sec. 130 (e), LGC). A progressive tax is one where the tax rate increases as the tax
base increases. ln the case of tax on business, manufacturers pay more taxes per annum as
their gross sales or receipts for the preceding year increases (Sec. 130 (h), Annotated, Local
Government Taxation, Ursa!).
A. For any revenue ordinance to be valid, it must conform with the provisions of Chapter 5,
Title l , Book II of R. A. No. 7160 or the Local Government Code of 1991, which define both
substantive and procedural requirements therefor.
50
B. Procedural Requirements for a Valid Revenue Ordinance. - The conduct of public
hearings shall be governed by the following procedure:
1) Pre-Publication or Posting. - Within ten (10) days from the filing of the proposed tax
ordinance or revenue measure, the same shall first be published for three (3) consecutive
days in a newspaper of local circulation or shall be posted simultaneously in at least four
(4) conspicuous places within the territorial jurisdiction of the LGU concerned. (Art. 276
(b) (]), !RR, implementing Sec. 188, LGC)
Conspicuous places include municipal halls, plazas, barangay halls, public markets,
churches and other public places where the constituents converge.
Information must reach those that shall be directly affected by the imposition. For
example, when the measure is on the business tax, the LGU may invite the business
community in the public hearing. To ensure compliance with the requirement, sending of
written notices is necessary.
The notice or notices shall specify the date or dates and venue of the public hearing or
hearings. (Art. 276 (b) (3), !RR, implementing Sec. 188, LGC)
3) Public Hearing. - (a) The initial public hearing shall be held not earlier than ten (10)
days from the sending out of notice or notices, or last day of publication, or date of
posting thereof, whichever is later. (Art. 276 (b) (3), IRR, implementing Sec. 188, LGC)
(b) Public hearings shall be conducted prior to the enactment of the tax ordinance or
revenue measure. (Sec. 187, LGC))
(c) At the public hearing or hearings, all affected or interested parties shall be accorded
an opportunity to appear and present or express their views, comments and
recommendations, and such public hearing or hearings shall continue until all issues have
been presented and fully deliberated upon and/or a consensus is obtained, whether for or
against the enactment of the proposed tax ordinance or revenue measure. (Art. 276 (b)
(4), IRR, implementing Sec. 188, LGC)
(d) The deliberations at the public hearing or hearings shall serve as inputs to the
members of the sanggunian. After the sanggunian members have considered the views
and comments, they may modify, pass or suspend judgment on the issue.
51
( e) No tax ordinance or revenue measure shall be enacted or approved in the absence of a
public hearing duly conducted in the manner herein prescribed. (Art. 276 (c), IRR,
implementing Sec. 188, LGC)
4) Preparation of Minutes. - The secretary of the sangunian concerned shall prepare the
minutes of such public hearing and shall attach to the minutes the position papers,
memoranda, and the like submitted by those who participated. (Art. 276, (b) (5), IRR,
implementing Sec. 188, LGC)
The proceedings must be properly documented, so that, the sanggunian can readily
access information on the people's reaction on the proposal.
(b) The local chief executive may veto any ordinance of the sangguniang panlalawigan,
sagguniang panlungsod, or sangguniang bayan on the ground that it is ultra vires or
prejudicial to the public welfare, stating his reasons therefor in writing (Sec. 55 (a),
LGC), and return the same to the sanggunian (Sec. 54 (a), LGC).
The veto shall be communicated by the local chief executive concerned to the
sanggunian within fifteen (15) days in the case of a province, and ten (10) days in the
case of a city or municipality; otherwise, the ordinance shall be deemed approved as if he
had signed it. (Sec. 54 (b), LGC)
The local chief executive may veto an ordinance or resolution only once. (Sec. 55 (c),
LGC)
(c) The sanggunian concerned may override the veto of the local chief executive by two
thirds (2/3) vote of all its members, thereby making the ordinance or resolution effective
for all legal intents and purposes. (Sec. 54 (a), LGC)
(e) Ordinances enacted by the sanggunian barangay shall, upon approval by the majority
of all its members, be signed by the punong barangay. (Sec. 54 (c), LGC)
6) Publication of Tax Ordinances and Revenue Measures. - (a) Within ten (10) days
after their approval, certified true copies of all provincial, city, and municipal tax
ordinances or revenue measures shall be published in full for three (3) consecutive days
in a newspaper of local circulation: Provided, however, That in provinces, cities and
municipalities where there are no newspapers of local circulation, the same may be
posted in at least two (2) conspicuous and publicly accessible places. (Sec. 188, LGC)
(b) If the tax ordinance or revenue measure contains penal provisions, the gist of such
ordinance or revenue measure shall be published in a newspaper of general circulation
52
within the province where the local sanggunian concerned belongs. In the absence of any
newspaper of general circulation within the province, posting of such ordinance or
measure shall be made in accessible and conspicuous public places in all municipalities
and cities of the province to which the sanggunian enacting the ordinance or revenue
measure belongs. (Art. 276, IRR, implementing Sec. 188, LGC)
(b) Within thirty (30) days after receipt of copies of such revenue ordinances and
resolutions, the sangguniang panlalawigan shall examine the documents or transmit them
to the provincial attorney , or if there be none, to the provincial prosecutor for prompt
examination. The provincial attorney or provincial prosecutor shall within a period of ten
(10) days from receipt of the documents, inform the sanguniang panlalawigan in writing
of his comments or recommendations, which may be considered by the sangguniang
panlalawigan in making its decision. (Sec. 56 (b), LGC)
23
For a more detailed discussion ofthe substantive requirements of a valid revenue ordinance, re.fer to LTO Annex
2, this Manual.
53
(c) If the sangguniang panlalawigan finds that such an ordinance or resolution is beyond
the power conferred upon the sangguniang panglunsod or sangguniang bayan concerned
it shall declare such ordinance or resolution invalid in whole or in part. The sangguniang
panlalawigan shall enter its action in the minutes and shall advise the corresponding city
or municipal authorities of the action it has taken. (Sec. 56 (c), LGC)
(d) The review by the sangguniang panlalawigan of the component city and municipal
revenue ordinances is limited to determining the legality thereof or if the same exceed the
powers conferred upon by law to the sangguniang panglungsod or sangguniang bayan.
Exceeding such powers is ultra vires and amounts to usurpation of the legislative
functions of the city or municipal councils.
(e) The review by the sangguniang panlalawigan is in the nature of legislative check and
it is a measure by which the provincial government exercises its power of general
supervision over component units.
(f) If no action has been taken by the sangguniang panlalawigan within thirty (30) days
after submission of such an ordinance or resolution, the s'ame shall be presumed
consistent with law and therefore valid. (Sec. 56 (d), LGC)
(g) Pending review by the higher council, a revenue ordinance continues to be in force
and effect.
(i) The signature of the governor is required in relation to the resolution adopted by the
sangguniang panlalawigan, approving or disapproving the revenue ordinance or
resolution enacted by the sangguniang bayan or sangguniang panlungsod.
(b) If the sangguniang panlungsod or sangguniang bayan, as the case may be, fails to
take action on barangay ordinances within thirty (30) days from receipt thereof, the same
shall be deemed approved. (Sec. 57 (b), LGC)
(c) If the sangguniang panlungsod or sangguniang bayan , as the case may be, finds the
barangay ordinances inconsistent with law or city or municipal ordinances, the
sanggunian concerned shall, within thirty (30) days from receipt thereof, return the same
with its comments and recommendations to the sangguniang barangay concerned for
adjustment, amendment, or modifications; in which case, the effectivity of the barangay
54
ordinance is suspended until such time as the revision called for is effected. (Sec. 57 (c),
LGC)
2) The appeal to the Secretary of Justice extends only to the determination if the
ordinance is constitutional or legal. The Secretary of Justice shall neither substitute
his own judgment nor replace the same with another version. This appeal to the
Secretary of Justice is one of supervision and not of control.
3) The decision of the Secretary of Justice can be further appealed to the Presiden,
pursuant to the principle of exhaustion of administrative remedies, in order for the
courts to take cognizance of the appeal on the decision of the executive branch of the
government.
b) Appeal through the Courts. - Provided, finally, That within thirty (30) days after receipt
of the decision or the lapse of the sixty (60) day period without the Secretary of Justice acting
upon the appeal, the aggrieved party may file appropriate proceedings with a court of
competent jurisdiction. (Sec. 187, LGC)
H. Penalties for Violation of Tax Ordinances. - The local government unit is authorized to
prescribe imprisonment or fines or other penalties for violation of tax ordinances but in no
case shall such fines be less than One Thousand Pesos (P 1,000.00) nor more than Five
Thousand Pesos (P 5,000.00), nor shall imprisonment be less than one ( 1) month nor more
than six (6) months. Such fine or other penalty, or both, shall be imposed at the discretion of
the court. The sangguniang barangay may prescribe a fine of not less than One Hundred
Pesos (P I 00.00) nor more than One Thousand Pesos (¥ 1,000.00). (Sec. 516, LGC)
Section 40. Power to Create Sources of Revenue and Local Taxing Authority. - (a) Each
local government unit shall exercise its power to create its own sources of revenue and to levy
55
taxes, fees, and charges subject to the provisions of R. A. No. 7160 or the Local Government
Code of 1991, consistent with the basic policy of local autonomy. Such taxes, fees, and charges
shall accrue exclusively to the local government units. (Sec. 129, LGC)
Local government units do not have the inherent power to tax. The power to tax inherently
belongs to the State. However, the State may delegate this power through legislation which, in
this case, through the R. A. No. 7160 or the Local Government Code of 1991.
(b) As in all revenue measures, it is up to the particular local government to enact the necessary
tax ordinance that would enable it to avail of its power to impose a given tax.
The power to impose a tax, fee, or charge or to generate revenue under the Local Government
Code of 1991, shall be exercised by the Sanggunian of the local government unit concerned
through an appropriate ordinance. (Sec. 132, LGC)
Section 41. Taxing Powers of Provinces.24 - Except as otherwise provided in R. A. No. 7160
or the Local Government Code of 1991, the province may levy only taxes, fees and charges
specifically reserved to provinces25, as follows: (Sec. 134, LGC)
Section 42. Taxing Powers of Municipalities. - (a) Except as otherwise provided in the
Local Government Code of 1991, municipalities may levy taxes, fees and charges not otherwise
levied by provinces26 (Sec. 142, LGC), as follows:
24 Refer to the Local Revenue Tool Kit for Philippine LGUs shown in Annex 3, this Manual.
25
The.fi,11 discussion on the different taxes, .fees and charges and other impositions by provinces is found in Book V
of'this Manual.
26
The .fit!/ discussion of the different taxes, .fees and charges. and other impositions of' municipalities is .found in
Book V of this Manual.
56
3) Real Property Tax (municipalities within Metropolitan Manila Area) (Sec. 232, LGC);
4) Additional Levy on Real Property for the Special Education Fund (SEF) (Sec. 235, LGC);
5) Additional Ad Valorem Tax on Idle Lands (Sec. 236, LGC);
6) Special Levy on Lands Specially Benefited by Public Works, Projects or Improvements
(Sec. 240, LGC);
7) Fees and Charges on Business and Occupation (Sec. 147, LGC);
8) Fees for Sealing and Licensing of Weights and Measures (Sec. 148, LGC);
9) Fishery Rentals, Fees and Charges (Sec. 149, LGC);
10) Service Fees and Charges (Sec. 153, LGC);
11) Public Utility Charges (Sec. 154, LGC); and
12) Toll Fees or Charges (Sec. 155, LGC). 27
(b) Rates of Tax within the Metro Manila Area. - The municipalities within the Metropolitan
Manila Area may levy taxes at rates which shall not exceed by fifty percent (50%) the maximum
rates prescribed for tax on business. (Sec. 144, LGC)
In the case of the basic real property tax, the municipality within the Metropolitan Manila Area
may fix a uniform rate not exceeding two percent (2%) of the assessed value of real property.
(Sec. 233 (b), LGC)
Section 43. Taxing Powers of Cities. - Except as otherwise provided in the Local
Government Code of 1991, the city may levy the taxes, fees and charges which the province or
municipality may impose:28 Provided, however, That the taxes, fees and charges levied and
collected by highly urbanized and independent component cities shall accrue to them and
distributed in accordance with the provisions of the same Local Government Code
The rates of taxes that the city may levy may exceed the maximum rates allowed for the province
or municipality by not more than fifty percent (50%) except the rates of professional and
amusement taxes. (Sec. 151, LGC)
The taxes, fees and charges that may therefore be levied by the cities are the following:
27
For the description ofthe above taxes, see Annex 3, this Manual.
28
The full discussion of the different taxes.fees and charges, and other impositions of cities is found in Book V of
this Manual.
57
10) Real Property Tax (Sec. 232, LGC);
11) Additional Levy on Real Property for the Special Education Fund (Sec. 235, LGC);
12) Additional Ad Valorem Tax on Idle Lands (Sec. 236, LGC);
13) Special Levy on Lands Specially Benefited by Public Works, Projects or Improvements
(Sec. 240, LGC);
14)Fees and Charges on Business and Occupation (Sec. 14 7, LGC);
15)Fees for Sealing and Licensing of Weights and Measures (Sec. 148, LGC);
16)Fishery Rentals, Fees and Charges (Sec. 149, LGC);
17) Service Fees and Charges (Sec. 153, LGC);
18) Public utility charges (Sec. 154, LGC); and
19) Toll Fees or Charges (Sec. 155, LGC).
Section 44. Power to Levy Other Taxes, Fees, or Charges. - Local government units may
exercise the power to levy taxes, fees, and charges on any base or subject not otherwise
specifically enumerated herein or taxed under the provisions of the National Internal Revenue
Code, as amended, or other applicable laws: Provided, That the taxes, fees, or charges shall not
be unjust, excessive, oppressive, confiscatory or contrary to declared national policy: Provided,
further, That the ordinance levying such taxes, fees and charges shall not be enacted without any
prior public hearing conducted for the purpose. (Sec. 186, LGC)
Section 45. Taxing Powers of Barangays. - (a) The barangays may levy taxes, fees, and
charges, as provided in Article 4, Chapter 2, Title 1, Book II of R. A. No. 7160 or the Local
Government Code of 199129, which shall exclusively accrue to them.
(b) Taxes. - On stores or retailers with fixed business establishments with gross sales or receipts
of the preceding calendar year of Fifty Thousand Pesos (P 50,000.00) or less, in the case of cities
and Thirty Thousand Pesos (P 30,000.00) or less, in the case of municipalities, at a rate not
exceeding one percent (1%) on such gross sales or receipts;
(c) Service Fees or Charges. - Barangays may collect reasonable fees or charges for services
rendered in connection with the regulation or the use of barangay- owned properties or service
facilities such as palay, copra or tobacco dryers;
(d) Barangay Clearance. - No city or municipality may issue any license or permit for any
business or activity unless a clearance is first obtained from the barangay where such business is
located or conducted. For such clearance, the sangguniang barangay may impose a reasonable
fee. The application for clearance shall be acted upon within seven (7) working days from the
filing thereof. In the event that the clearance is not issued within the said period, the city or
municipality may issue the said license or permit
(e) Other Fees and Charges. -The barangay may levy reasonable fees and charges:
58
(3) On billboards, signboards, neon signs, and outdoor advertisements. (Sec. I 52, LGC)
Section 46. Common Limitations on the Taxing Powers of Local Government Units. -
Unless otherwise provided in the Local Government Code of 1991, the exercise of the taxing
powers of provinces, cities, municipalities, and barangays shall not extend to the levy of the
following:
1) Income tax, except when levied on banks and other financial institutions;
3) Taxes on estates, inheritance, gifts, legacies and other acquisitions mortis causa, except
as otherwise provided in the Local Government Code of 1991;
4) Customs duties, registration fees of vessel and wharfage on wharves, tonnage dues, and
all other kinds of customs fees, charges and dues except wharfage on wharves
constructed and maintained by the local government unit concerned;
5) Taxes, fees and charges and other impositions upon goods carried into or out of, passing
through, the territorial jurisdictions of local government units in the guise of charges for
wharfage, tolls for bridges or otherwise, or other taxes, fees or charges in any form
whatsoever upon such goods or merchandise;
6) Taxes, fees or charges on agricultural and acquatic products when sold by marginal
farmers or fishermen;
8) Excise taxes on articles enumerated under the National Internal Revenue Code, as
amended, and taxes, fees, or charges on petroleum products;
10) Taxes on the gross receipts of transportation contractors and persons engaged in the
transportation of passengers or freight by hire and common carriers by air, land or water,
except as provided in the Local Government Code of 1991;
12) Taxes, fees or charges for the registration of motor vehicles and for the issuance of all
kinds of licenses or permits for the driving thereof, except tricycles;
59
13) Taxes, fees, or charges on Philippine products actually exported, except as otherwise
provided in the Local Government Code of 1991;
14) Taxes, fees, or charges on Countryside and Barangay Business Enterprises and
Cooperatives duly registered under R.A. No. 681030 and R.A. No. 693831; and
15) Taxes, fees or charges of any kind on the National Government, its agencies and
instrumentalities, and local government units. (Sec. 133, LGC)
Section 47. Non-Tax Revenues. - Aside from revenues that they may be generated through
their power of taxation, local government units have access to non-tax revenues32 from the
following sources:
1) Proceeds from fees and charges that local government units may impose in the exercise
of their regulatory and proprietary powers;
2) Shares of local government units from revenues of the national government, including
their share in the utilization and development of the national wealth or resources within
their territorial jurisdiction and other sources defined by law; and
3) Other receipts from the disposal of assets and from donations and contributions.
Section 48. Service Fees and Charges. - Local government units may impose and collect
fees and service or user charges for any service rendered by it in an amount reasonably
commensurate to such service: Provided, however, That no service charge shall be based on
capital investments or gross sales or receipts of the person or business liable therefor. (Art. 244,
IRR, implementing Sec. 153, LGC)
In the same manner as local taxes, it is the sanggunian that is empowered to impose local fees
and charges33 through appropriate ordinance or revenue measure.
A. Fees
1) Basis of Fees. - Fees are collected by a local government unit in the exercise of its police
power. They are imposed in relation to the services rendered in regulating business and other
activities within its jurisdiction, such as the privilege to operate an establishment or the
practice of a profession. The imposition of a fee must be accompanied by the performance of
corresponding regulatory function, if not, the fee is unjustified.
3o KALAKALAN Bilang 20
31 Cooperative Code of the Philippines
32
The summary of the non-tax revenues that may be levied by provinces, cities, and municipalities is shown in
Annex 3 of this Manual.
33
The different fees and charges that may be levied by provinces, municipalities and cities are found in Sections 41,
42 and 43 of this Manual.
60
2) Amounts that May Be Imposed. - Fees should be imposed at rates that are considered
reasonable. The reasonableness of a fee is commonly understood to mean that which should
be more or less equated to the cost of issuing the permit or license and the cost of
surveillance and services rendered in relation to the business or activity regulated. It is
therefore important for local government units to prepare cost-computation schedules to
support the rates of fees established. Business gross receipts and capitalization are not
allowed as basis for determining the amount of fees, since they are unrelated to the cost of
regulation.
a) Those whose beneficiaries are in mass, whose pricing therefor cannot be allocated to
individuals (such as traffic enforcement); and
b) Those whose beneficiaries can be readily identified. The rates under this category can
be more easily determined and, thus, set at reasonable levels. Local government units
must be judicious, however, in selecting and identifying the proper subjects for
service fees.
B. Charges. - Local government units can also impose charges for the use of their facilities.
Many local government units own ferries, markets, slaughterhouses, hospitals, utilities, toll
roads and bridges. While many such facilities and services have been assumed by the private
sector, some local government units prefer to continue to operate them directly for two
reasons:
2) The private sector has not taken interest and prefers that these responsibilities
continue to be performed by the local government units.
Section 49. Shares in the Proceeds of National Taxes. - By prov1s1on of law, local
government units share from the income generated by the national government from all taxes and
revenue sources, as follows:
34 An Act to Promote the Development of the Farmers in the Virginia Tobacco Producing Provinces
35 Bases Conversion and Development Act Of 1992
36 An Act to Empower the Commissioner of Internal Revenue to Require the Payment of the Value-Added Tax
Even; Month and to Allow Local Government Units to Share in VAT Revenue.
61
Section 50. Internal Revenue Allotment (IRA) -
A. Allotment of Internal Revenue Taxes. - (a) Local government units shall have a share in
the national internal revenue taxes based on the collection of the third fiscal year preceding
the current fiscal year as follows:
1) On the first year of the effectivity of the Local Government Code of 1991, Thirty
Percent (30%)
2) On the second year, Thirty-Five Percent (35%) and
3) On the third year and thereafter, Forty Percent (40%)
(Sec. 284, LGC)
(b) In the event that an unmanageable public sector deficit is incurred by the national
government, the Secretary of Finance, the Secretary of the Interior and Local Government
and the Secretary of Budget and Management shall submit to the President of the Philippines,
a joint recommendation that will institute necessary adjustments in the IRA of LGUs.
(c) Upon receipt of the joint recommendation on the Secretary of Finance, the Secretary of
the Interior and Local Government and the Secretary of Budget and Management and subject
to consultation with the presiding offices of both Houses of Congress and the presidents of
the leagues of LGUs, the President of the Philippines shall authorize the necessary
adjustments of the total IRA to be distributed among the LGUs for the given year, provided
that in no case shall the adjusted amount be less than thirty percent (30%) of the national
internal revenue tax collections of the third fiscal year preceding the current fiscal year
during which the reduction is to be made.
Adjustments to the IRA share of LGUs shall be made only after affecting a corresponding
reduction of the national government expenditures including cash and non-cash budgetary
aids to government-owned or controlled corporations (GOCCs), government financial
institutions (GFls) and Bangko Sentral ng Pilipinas. (Art. 379, IRR implementing the 2nd and
3rd paragraphs of Sec. 284, LGC)
The term "budget deficit" means a shortfall of revenues against disbursements; while "public
sector" refers to the national government itself, plus the fourteen (14) major government
corporations, the government financial institutions, all the local government units, the
Bangko Sentral ng Pilipinas, and the social security institutions. Hence, the sum of the
deficits of all these different units within the public sector is what is referred to as the "public
sector deficit". (p. 404 Philippine law on Local Government Taxation Annotated 2000
Edition, Ursa!)
Thus, public sector deficit means the shortfall of revenues against disbursements of the
national government, the fourteen (14) major government corporations, the government
financial institutions, all the LGUs, the Bangko Sentral ng Pilipinas, and the social security
institutions.
62
B. Allocation to Local Government Units. - The total annual IRA due the LGUs shall be
allocated among provinces, cities, municipalities and barangays as follows:
1) General Allocation:
2) Share of Each Province, City and Municipality.-The share of each province, city, and
municipality shall be determined on the basis of the following distribution formula:
3) Share of Each Barangay. -(a) Every barangay with a population of not less than one
hundred (100) inhabitants shall be entitled to an IRA of not less than Eighty Thousand
Pesos (P 80,000.00) per annum chargeable against the twenty percent (20%) share of the
barangay from the total IRA.
(b) After deducting the aggregate sum of the individual barangay share of P 80,000.00
each from the total twenty percent (20%) allocation for all barangays, the remaining
balance of said twenty percent (20%) allocation shall be further distributed to the
barangays on the basis of the following formula:
1) On the first year of the effectivity of the Local Government Code of 1991 (CY
1992):
63
responsibility of the LGU concerned. (Art. 382, !RR implementing Sec.285,
LGC)
C. Automatic Release of IRA Shares. - (a) The individual shares in IRA of each LGU shall be
automatically released, without the need of any further action, direct to the provincial, city,
municipal, or barangay treasurer, as the case may be, on a quarterly basis but not beyond five
(5) days after the end of each quarter.
(b) For this purpose, the comprehensive Advice of Allotment (AA) for the IRA shares of all
LGUs for the whole year shall be released by the DBM within the first ten (I 0) days of
January of every year.
The corresponding Notices of Cash Allocation (NCA) and checks, however, may be released
on a monthly basis but in no case shall the total amount due any LGU for each quarter be
released beyond five (5) days after the end of the corresponding quarter.
(c) No local government shall receive an annual share in IRA that will be less than the total
amount it actually received in 1991.(Art. 383 (a), (b) and (d), !RR implementing Sec. 286,
LGC)
D. Exemption to the Lien or Holdback of the IRA Shares. - The IRA share of LGUs shall not
be subject to any lien or holdback that may be imposed by the national government for
whatever purpose unless otherwise provided in the Local Government Code of 1991 or other
existing laws and loan contracts or project agreements arising from foreign loans and
international commitments, such as the premium contributions of LGUs to the Government
Service Insurance System and loans contracted by LGUs under foreign-assisted projects.
(Article 383 (c), !RR implementing Sec. 286, LGC))
Section 51. Share in the Proceeds of the Tobacco Excise Tax. - (a) The national
government shall extend special support to the farmers of the Virginia tobacco-producing
provinces in terms of financial assistance for developmental projects to be implemented by the
local governments of the provinces concerned.
(b) The special support to the Virginia tobacco-producing provinces shall be utilized to advance
the self-reliance of the tobacco farmers through:
(1) Cooperative projects that will enhance better quality of products, mcrease
productivity, guarantee the market and as a whole increase farmers' income;
64
(2) Livelihood projects particularly the development of alternative farming systems to
enhance farmers' income;
(3) Agro industrial projects that will enable tobacco farmers in the Virginia tobacco
producing provinces to be involved in the management and subsequent ownership of
these projects such as post-harvest and secondary processing like cigarette
manufacturing and by-product utilization; and
(c) The financial support given by the national government for the beneficiary provinces shall be
constituted and collected from the proceeds of fifteen percent (15%) of the excise taxes on
locally manufactured Virginia-type of cigarettes.
The funds allotted shall be divided among the beneficiary provinces pro rata according to the
volume of Virginia tobacco production.
Provinces producing Virgipia tob�cco shall be the beneficiary provinces: Provided, however,
Th� -to qualify as beneficiary, a province must have an average annual production of Virginia
leaf tobacco in an amount not less than one million kilos: Provided, further, That the Department
of Budget and Management shall each year determine the beneficiary provinces and their
computed share of the funds, referring to the National Tobacco Administration (NTA) records of
tobacco acceptances, at the tobacco trading centers for the immediate past year. (R. A. No. 7171)
Section 52. Share in the Proceeds from the Development and Utilization of the National
Wealth. - (a) Local government units shall have an equitable share in the proceeds derived from
the utilization and development of the national wealth within their respective areas, including
sharing the same with the inhabitants by way of direct benefits. (Sec. 289, LGC)
(b) The term national wealth shall mean all natural resources situated within the Philippine
territorial jurisdiction including lands of public domain, waters, minerals, coal, petroleum,
mineral oils, potential energy forces, gas and oil deposits, forest products, wildlife, flora and
fauna, fishery and aquatic resources and all quarry products. (Art. 386, IRR implementing Sec.
289, LGC)
(c) Amount of Share of Local Government Units. - LGUs shall, in addition to the IRA, have a
share of forty percent (40%) of the gross collection derived by the national government from the
preceding fiscal year from the following:
(1) mining taxes, royalties, forestry and fishery charges, and such other taxes, fees, or
charges, including related surcharges, interests, or fine, and from its share in any co
production, joint venture or production sharing agreement in the utilization and
development of the national wealth within their territorial jurisdiction.
(2) administrative charges accruing to the national government whether collected by the
national government collecting agencies or in certain cases by the LGUs.
65
Proceeds from the development and utilization of national wealth where the local government
actually collects and automatically retains its share of at least forty percent (40%) of such
proceeds shall not form part of the revenue base in the computation of the forty percent (40%)
share. (Art. 387, IRR implementing Sec. 290, LGC)
(d) Share of Local Government Units from any Government Agency or Government
Owned or Controlled Corporation. - Local government units shall have a share based on the
preceding fiscal year from the proceeds derived by any government agency or government
owned or controlled-corporation engaged in the utilization and development of the national
wealth based on the following formula whichever will produce a higher share for the local
government unit:
l ) One percent ( 1 %) of the gross sales or receipts of the preceding calendar year; or
2) Forty percent (40%) of the mining taxes, royalties, forestry and fishery charges and
such other taxes, fees or charges, including related surcharges, interests, or fines the
government agency or government-owned or controlled-corporation would have paid
if it were not otherwise exempt. (Sec. 291, LGC)
( e) Allocation of Shares. - The share in the of local government units from any government
agency or government-owned or controlled-corporations shall be distributed in the following
manner:
Provided, however, That where the natural resources are located in two (2) or more
provinces, or in two (2) or more component cities or municipalities or in two (2) or
more barangays, their respective shares shall be computed on the basis of :
Provided, however, That where the natural resources are located in such two (2) or
more cities, the allocation of shares shall be based on the formula on population and
land area s specified in paragraph (e) (I) of this section. (Sec 292, LGC)
66
(f) Computation and Remittance of Shares of Local Government Units in the National
Wealth. - The computation and remittance of the shares of LGUs from the utilization and
development of national wealth shall be in accordance with the following procedures:
( 1) The computation of the forty percent (40%) share of each LGU in the proceeds from
the development and utilization of the national wealth from the preceding year,
indicating the corresponding share of each province, city, municipality and barangay
where the national wealth is being developed and/or utilized, shall be submitted by
the revenue collecting agencies to the DBM not later than March 15 of each ensuing
year.
(2) The allotment representing the share of each LGU shall be released without need of
any further action, directly to the provincial, city, municipal, or barangay treasurer, as
the case may be, on a quarterly basis within five (5) days after the end of each
quarter, and which shall not be subject to any lien or holdback that may be imposed
by the national government. (Art. 390 (a) and (b), !RR implementing Sec. 293, LGC)
(g) Remittance of the Share of Local Government Units from Government Agencies and
Government-Owned or Controlled Corporations. - Share of LGUs from the proceeds derived
by any government agency or GOCC engaged in the utilization and development of national
wealth shall be directly remitted by such corporations to the provincial, city, municipal or
barangay treasurer concerned within five (5) days after the end of each quarter. Within three (3)
days from the date of remittance, the agency or GOCC concerned shall furnish the Treasurer of
the Philippines with a copy of the remittance advice. (Art. 390 (c), !RR implementing Sec. 293,
LGC)
(h) Mandatory Appropriation for Local Development and Livelihood Projects. - The
proceeds from the share of local government units from the national wealth shall be appropriated
by their respective sanggunian to finance local development and livelihood projects: Provided,
however, That at least eighty percent (80%) of the proceeds derived from the development and
utilization of hydrothermal, geothermal, and other sources of energy shall be applied solely to
lower the cost of electricity in the local government where such a source of energy is located.
(Sec. 294, LGC)
Section 53. Other Special Shares of Local Government Units from National Taxes. -
B. Share from Excess Collection in Value Added Tax (VAT) - (a) In addition to the Internal
Revenue Allotment, fifty percent (50%) of the national taxes collected by the Bureau of
37 ECOZONES
67
Internal Revenue under Sections 106 and I 08 of the National Internal Revenue Code (NIRC)
of 1997 (formerly Sections 100, 101 and 102 of the NlRC of 1977) in excess of the increase
in collection for the immediately preceding year shall be distributed as follows:
(1) twenty percent (20%) shall accrue to the city or municipality where such taxes are
collected and shall be allocated in accordance with Section 150 of R. A. No. 7160
or the Local Government Code of 1991; and
(b) Local Government Units' share in the Incremental Collection from VAT pursuant to R.
A. No. 7643, shall be allocated among local government units entitled to such share in
accordance with Section 150 of the Local Government Code of 1991, to wit:
I) Thirty percent (30%) to the city or municipality where the principal office
is located;
I) Thirty percent (30%) to the city or municipality where the principal office
is located;
2) Forty two percent (42%) the city or municipality where the factory ts
located;
1v. If VAT is paid by the manufacturers, producers, exporters and has two (2) or
more factories, plants, and plantations:
I) Thirty percent (30%) to the city or municipality where the principal office
is located;
68
2) Seventy percent (70%) shall be prorated among the localities where the
factories, project offices, plants, and plantations are located.
(c) The LGUs' share shall be released directly to the LGUs concerned subject to the
approval of special budget pursuant to Section 35, Chapter 5, Book VI of E. 0. No. 292
duly supported by the certification of actual VAT collections and remittances under
sections 106 and 108 of the NIRC of 1997 by the BIR. (Sec. 2, R. A. No. 7643,
implemented by DBM-DOF-DILG Joint Circular No. 1-02, February 6, 2002)
Section 54. Other Receipts. - Other common sources of LGU revenues outside taxation, fees
and charges, and shares in national taxes and wealth are the following:
a) Sale of Fixed Assets - pertains to the proceeds from the sale of fixed assets like
buildings, equipments, machines, lands and tangible assets.
c) Sale of Waste Materials - includes the proceeds from sale of waste materials such as
office records authorized to be disposed and other waste materials, except scrapped fixed
assets.
d) Interest Income - pertains to interests earned by LGUs from bank deposits, and
legitimate loans and investments in interest-bearing instruments.
A. General Policies:
I) It shall be the basic policy that any local government unit may create indebtedness, and avail
the credit facilities to finance local infrastructure and other socio economic development
projects in accordance with the approved local development plan and public investment
program;
2) A local government unit may avail of credit lines from government or private banks and
lending institutions for the purpose of stabilizing local finances; (Sec 296, LGC)
3) Subject to the rules and regulations of the Central Bank and the Securities and Exchange
Commission, provinces, cities and municipalities are authorized to issue bonds, debentures,
securities, collaterals, notes and other obligations to finance self-liquidating, income
producing development or livelihood projects pursuant to the priorities established in the
approved local development plan or the public investment program. The sanggunian
concerned shall, through an ordinance approved by a majority of all its members, declare and
state the terms and conditions of the bonds and the purpose for which the proposed
indebtedness is to be incurred. (Sec. 299, LGC)
69
B. Rationale of Credit Financing. - Credit financing enables local government units to pursue
development projects and benefits now, at current prices to be paid later. Socially desirable
projects generally require levels of funding that would take time to accumulate if the local
government unit were to rely only on local savings. Given the pressure on local government
units to constantly increase expenditures for the delivery of mandated services, it is unlikely
that many of them can actually accumulate the needed funds through savings. 38
A. Separation of Personal Money from Public Funds. - (a) Local Treasurers and other
accountable officers shall keep personal monies separate and distinct from local public funds
in their custody and shall not make profit out of public money or otherwise apply the same to
any use not authorized by law or ordinance. (Sec. 312, LGC)
(b) Local Treasurers/Cashiers are prohibited from holding positions as treasurers or cashiers
of savings and loan associations or any other association or organization. (Sec. 67, Book Il,
Vol. I, GAAM)
38
The legal basis for LG Us to avail of credit financing.for local development is embodied in Title 4, Book fl of R.
A. No. 7160 or the Local Government Code of 1991, the details of which are presented in Book V ofthis Manual
70
in acknowledgement thereof. The receipt may be in the form of cash tickets and the like, or
officially numbered receipts, proper subject to custody, accountability, and audit.
(b) Where mechanical devices are used to acknowledge cash receipts, the Commission on
Audit may a�prove, upon request, exemption from the use of accountable forms. (Sec. 68, P.
D. No. 1445 9; Sec. 44, Title I (B), Book V, E. 0. No. 292)
D. Collections Received Through Mail and Procedures for Handling. - Collections received
through mail shall be acknowledged, and remitted or deposited, and recorded just like other
collections. Basic controls, shall, however, be maintained:
1) Incoming mail shall be opened by or under the supervision of a responsible officer of the
Records Section of the LGU. (Sec. 75 (a), Book II. Vol. I, GAAM)
2) In addition to the usual records maintained for incoming mail, a list shall be prepared by
the Records Section of all checks, money orders, warrants, or currency received, listed
individually and totaled. The list shall contain spaces for information on the
acknowledgement of receipt of the collection as well as its subsequent remittance or
deposit with authorized depositories. The list shall be certified correct by the Chief of the
Records Section. (Sec. 75 (b), Book II, Vol. I, GAAM)
3) After accomplishing the list, the Records Section shall immediately deliver the duplicate
copy direct to the COA Auditor. The three (3) other copies and the collections and
covering letters shall be delivered direct to the Collecting Officer who shall verify the
correctness of the list, sign the acknowledgement portion on all three (3) copies, and
return the last copy to the Records Section. (Sec. 75 (c), Book II, Vol. I, GAAM)
4) The Collecting Officer shall immediately issue an official receipt for each and every
collection in the list. The official receipt number and the date of issue shall be recorded
on the appropriate spaces of the original and triplicate copies of the list. (Sec. 75 (d),
Book II, Vol. I, GAAM)
5) Collections arising therefrom shall also be included in the Report of Collections and
Deposits together with the other collections for the day. The presc!"ibed procedures in the
tum-over of collections and accomplishments of the forms shall likewise be observed.
6) The Treasurer shall insure that the official receipt was correctly and properly recorded in
the list. The payor's copy of the official receipt shall be forwarded to the Records Section
which shall mail it to the payor with a covering letter. The Treasurer shall, however,
forward to the Records Section for mailing, only the official receipts of cleared checks. In
case of dishonored checks, the procedures dishonored checks in this Manual shall be
followed.
39 Government Auditing Code of the Philippines
71
E. Acceptance of Checks in Payment for Taxes or Other Indebtedness to the Government.
- Local Treasurers and other officers charged with the collection of revenue or the receiving
of monies payable to the government shall accept payment for taxes, dues or other
indebtedness to the government in the form of checks and warrants issued in payment of
government obligations, upon proper endorsement and identification of the payee or
endorsee. Checks drawn in favor of the government in payment of any such indebtedness
shall likewise be accepted by the officer concerned. (Sec. 67 (]), P. D. No. I 445)
F. Drawing of Checks Payable to the Local Government Unit. - Checks in payment of taxes
and other indebtedness to the government must be drawn by the payor himself and made
payable to the LGU or LCE or Treasurer of the LGU. In the case of the LCE or Treasurer of
the LGU, only the official title or designation of the LCE or Treasurer concerned shall be
stated as the payee. (Examples: "City Government of Las Pinas "; "City Mayor of Las
Pinas "; "City Treasurer of Las Pinas "). Under no circumstance shall the following checks
be accepted:
1) Checks drawn payable to the name of the Head of the LGU or any of its officers;
2) Checks drawn payable to "Cash" ;
3) Indorsed checks;
4) Post-dated checks; and
5) Stale checks. (Sec. 77, Book II, Vol. I, GAAM)
G. Issuance of Official Receipts for Payment by Checks. - Before issuing an official receipt,
the Collecting Officer shall carefully scrutinize the check presented to him and make sure
that it is complete and correct particularly as to date, signature or countersignature, and
amount in words and figures appearing on the face of the check. The collecting officer shall,
in all cases, indicate on the official receipt, the drawee bank, the number, date and amount of
the check as well as the complete name and address of the payor to facilitate communication
with him, if necessary. For purposes of cross reference, the number and the date of the
official receipt shall also be indicated at the back of the check. (Sec. 78, Book II, Vol. I,
GAAM)
H. Issuance of a Separate Official Receipt in Case Amount Due is Less than the Face Value
of the Check. - No change shall be given to the payor in the event that the amount of the
taxes or dues is less than the face value of the check in payment thereof. The difference shall
be receipted for by the issuance of a separate general receipt and shall be accounted for
simultaneously with the collection as miscellaneous trust liabilities. (Sec. 81, Book II, Vol. I,
GAAM)
I. Payment by Private Check for Goods Delivered and Services Rendered by Government
Agencies. - When payment for goods or services is made by private check, no such service
shall be rendered or goods delivered by the local government unit concerned unless the check
in payment thereof has been honored by the drawee bank. (Sec. 82, Book II, Vol. I, GAAM)
72
K. Transfer of Government Funds from One Officer to Another. - Transfer of government
funds from one officer to another shall, except as allowed by law or regulation, be made only
upon prior direction or authorization of the Commission on Audit or its representative. (Sec.
75, P. D. No. 1445)
When government funds are transferred from one accountable officer to another, or from an
outgoing officer to his successor, it shall be done upon properly itemized invoice and receipt
which shall invariably support the clearance to be issued to the relieved or outgoing officer,
subject to regulations of the Commission on Audit. (Sec. 77, P. D. No. 1445)
L. Notification to the Auditor: Application for Relief from Accountability for Government
Funds. - When loss of government funds occurs while they are in transit or the loss is caused
by fire, theft, or other casualty or force majeure, the officer accountable therefor or having
custody thereof shall immediately notify the Commission on Audit or the auditor concerned,
and within thirty (30) days or such longer period as the Commission or auditor may, in the
particular case, allow, shall present his application for relief, with the available supporting
evidence. Whenever warranted by the evidence, credit for the loss shall be allowed. An
officer who fails to comply with this requirement shall not be relieved of liability or allowed
credit for any such loss in the settlement of his accounts. (Sec. 73, P. D. No. 1445/0
Section 58. Handling of Dishonored Checks Received in Payment of Taxes and Other
Indebtedness to the Government. -
40
The procedures to be observed and the requirements in the application for relief from accountability are
discussed under Section 123, this Manual.
41 Negotiable Instruments Law
73
Check dishonored per Bank/Treasury Debit Voucher/
The notice of dishonor shall be prepared in five (5) copies and distributed as follows:
Original to drawer, delivered personally under receipt or
sent by registered mail with return card on the same
day.
Duplicate Local Chief Executive
Triplicate Local Accountant for the preparation of the required
Adjusting Journal Entry (AJE)
Quadruplicate COA Auditor
Quintuplicate Local Treasurer's File (Sec. 86, Book II, Vol. I, GAAM)
F. Action on Dishonored Checks. - Should the drawer of a dishonored check fail to settle his
account or deposit the amount sufficient to cover the same within five (5) days from receipt
of the notice of dishonor, the local chief executive upon the recommendation of the Local
Treasurer, shall immediately transmit the certified copies of the dishonored check, debit
memo from the bank and notice of dishonor to the city or provincial prosecutor for the
institution of the necessary criminal or civil action as the circumstances may warrant.
The aforementioned provision applies only to cases where the check has been dishonored for
lack or insufficiency of funds. Where the check has been dishonored by reason of formal
defects, such as lack of countersignature, the local chief executive through the Local
Treasurer shall nevertheless take immediate steps to collect the taxes or dues previously paid
under the dishonored check, for which the official receipt covering the check has been
74
subsequently cancelled and, if necessary, initiate the prompt institution of the corresponding
civil action for the collection of the amount involved. (Sec. 87, Book II, Vol. I, GAAM)
Upon receipt of the debit memo and the dishonored check(s) from the bank, the Local
Treasurer shall cause the immediate photocopying of the dishonored checks and recording in
the cashbook. He shall record the dishonor by a credit in the appropriate Cash in Bank
cashbook with the following explanation:
The dishonored checks shall be retained by the Local Treasurer who shall ensure its
safekeeping.
The Local Treasurer shall forward the debit memo and the photocopy of the dishonored
checks to the local accountant for the preparation of the Journal Entry Voucher (JEV) in
three (3) copies. The local accountant shall furnish the Local Treasurer with a copy of the
duly approved JEV for the latter's recording of the "JEV No." in the entries previously made
in the appropriate Cash in Bank cashbook. The original copy of the JEV taking up the
dishonored checks and its supporting documents shall be submitted to the Auditor and the
duplicate copy shall be retained by the local accountant.
The dishonored check(s) and corresponding cancelled official receipt shall also be reflected
in the individual taxpayer's records/index cards and other records of collections maintained
by the local treasury. At the end of each month the Local Treasurer shall prepare a report of
dishonored checks in four (4) copies to be distributed as follows:
Original Local Chief Executive
Duplicate COA Auditor
Triplicate Local Accountant
Quadruplicate Local Treasurer's file (Sec. 88, Book II, Vol.I,
GAAM)
2) Upon receipt of the cash or certified check, the Local Treasurer or collecting officer
shall issue an official receipt for the amount received by him. The nature of the
payment to be indicated shall be the same as that in the previous official receipt
cancelled, except that the following notation shall be placed on the receipt: "Previous
payment acknowledged by O.R. No. , dated , cancelled
75
on (date of notice of dishonor)." Accordingly, the redemption of the dishonored
check shall be recorded in the cashbook together with other collections. (Sec. 89 (b),
Book fl Vol. L GAAM)
3) If the payor is liable for the payment of fine or penalty arising from delayed payment,
the amount corresponding to the fine or penalty shall also be imposed and collected in
addition to the principal tax or dues paid by him. (Sec. 89, (c), Book II, Vol. I, GAAM)
The fine or penalty to be imposed shall be in pursuance to the duly approved
ordinance of the local government unit concerned.
4) Upon redemption of the dishonored check in the manner herein prescribed, the Local
Treasurer or collecting officer shall not return the check to the payor concerned
unless the latter first surrenders the previous official receipt therefor, provided that no
case has as yet been filed. If the previous receipt is no longer available, a sworn
statement to the effect that it has been lost or misplaced should be submitted by the
payor. The Local Treasurer or collecting officer shall forthwith cancel the surrendered
official receipt and forward it (or the affidavit) to the accounting unit to be attached to
the corresponding JEV where the cancellation was recorded. (Sec. 89 (e), Book 11,
Vol. I, GAAM)
5) In the Report of Collections, an asterisk shall be placed opposite the line on which the
official receipt is indicated and a corresponding footnote shall be placed on the last
page of the report just below the totals as follows: "Redemption of dishonored check
previously acknowledged by 0. R. No. dated , which
was cancelled on (date of notice of dishonor). This footnote, together with a copy of
the previous official receipt (or affidavit) shall be the bases of the accounting unit for
making the reversing entry in the proper journal. (Sec. 89 (!), Book 11, Vol. I, GAAM)
The Local Treasurer shall make a list of payors whose checks have been dishonored and shall
circularize the list to all collecting officers under his jurisdiction.
Section 59. Control and Accountability for Official Receipts and Other Accountable
Forms.
A. Revenue Collection and the Use of Accountable Forms. - The Provincial, City, Municipal
and Barangay Treasurers shall be responsible for the use of all accountable forms invoiced to
76
them and receipted by them in person or entrusted by them to their designated collectors for
care, custody and use. A Local Treasurer's accountability for accountable forms of all kinds
is determined in connection with the audit and examination of his accounts which show that
each receipt is properly accounted for:
1) By taking up in the accounts the amount shown to have been collected therefrom;
2) By presenting the unissued and cancelled official receipts; and
3) By producing satisfactory evidence that they are in the hands of authorized personnel.
(1) Cash Tickets, Accountable Forms No. 55 For the temporary use of market spaces, parking areas
(55A-F) and other income generating activities where the
issuance of a regular receipt is not practicable
(2) Certificate of Transfer of Large Cattle, Evidence of transfer of large cattle; when issued, it
Accountable Form No. 52 supersedes the original certificate of ownership
(3) Certificate of Ownership of Large Cattle, Evidence of original ownership of large cattle
Accountable Form No. 53
2) The Accountable Forms without specific money value printed on the face of each
form consist of the following:
(I) Official Receipt, Accountable Form No. To acknowledge payment of taxes, licenses and
51 other dues or fees to the government for which no
special accountable forms have been authorized
(2) Real Property Tax Receipt, Accountable To acknowledge payment of real property taxes
Form No. 56
(3) Slaughter Permit and Fee Receipt, Serves as permit and official receipt for
Accountable Form No. 57 slaughtering of large cattle
(4) City/Municipal Burial Permit and Fee Serves as funeral permit and official receipt for
Receipt, Accountable Form No. 58 fees collected
77
servicing bank for use in disbursements charged
against the account with the bank
(6) Community Tax Certificate, BIR Form For the use of individual taxpayers and corporate
Nos. 0016 and 907 entities, respectively
C. Issuance of Cash Tickets. - Local government units shall devise their own system in the
issuance of cash tickets to ensure proper control, accounting and audit. Control measures
include but not limited to the following:
1) Serial numbers may be assigned or the name or logo of the city or municipality may be
stamped at the back of the cash tickets before they are issued to collectors assigned in
public markets, parking areas or those tasked to accept collections not acknowledged by
the regular receipt or other accountable forms;
2) The collector shall affix his initial and state the date of issuance in the cash tickets before
issuance;
3) The collector shall ensure the tearing off of cash tickets to avoid possible re-issuance; and
4) Surprise inspection on the proper issuance of cash tickets shall be conducted by the
market administrator or his authorized representative.
Cash tickets issued to transient vendors in the public market to acknowledge market fees
shall pertain only to the vendor buying the same and shall be good only for the space or
spaces of the market premises to which he is assigned. If the vendor disposes of his
merchandise by wholesale to another vendor, the latter shall purchase new tickets if he
desires to sell the merchandise, even if done in the same place occupied by the previous
vendor. The name of the vendor, the place and date of issue shall be indicated at the back of
the cash tickets issued to a vendor. (Sec. 74, Book II, Vol. I, GAAM)
D. Issuance of Real Property Tax Receipts. - Only one real property tax receipt shall be issued
to cover the payment of basic and additional tax accruing to the Special Education Fund.
E. Name of Agency on the Face of Official Receipts. - For purposes of control, all official
receipts being used by the local government unit shall bear the name of the local government
unit printed or stamped on the face thereof. (Sec. 96, Book 11, Vol. I, GAAM)
In preparing official receipts, all copies of each receipt shall be exact copies or carbon
reproductions in all respects of the original.
If payment has been tendered in money order or check, the official receipt shall be prepared
with the date, number, and the amount of such money order, or check together with the
purpose for which the payment has been received. The address of the payor shall also be
indicated on the official receipt to facilitate communication with him, if necessary. (Sec. 73,
Book II, Vol. I, GAAM)
78
G. Accountability for Official Receipts. - An official receipt is an accountable form held in
trust by the Local Treasurer or other person duly authorized to possess or have custody
thereof. He shall be responsible for its safekeeping, the proper and authorized use or
application thereof and the reporting of its use and condition, and shall be liable for loss,
damage or deterioration occasioned by negligence in the keeping or use thereof. (Sec. 91,
Book II, Vol. I, GAAM)
H. Exclusive Jurisdiction of the National Printing Office. - The National Printing Office shall
have exclusive jurisdiction over the printing, binding and distribution of all standard and
accountable forms of provincial, city and municipal governments (Sec. 92, Book 11, Vol. I,
GAAM).
Any requirement for printing services outside of the exclusive jurisdiction of the National
Printing Office can be awarded by requiring the agency, subject to government accounting
and auditing regulations, to any private printer or may be undertaken at the printing facilities
of government agencies without the necessity of securing a waiver or certification covering
the same from the National Printing Office.
I. Inspection of Accountable Forms Received from the National Printing Office. - Upon
receipt of accountable forms from the National Printing Office, the Local Treasurer shall
examine carefully each book or pad. He shall segregate any book or pad found to contain
defects, such as incorrect series of numbers, or missing leaves or sheets, etc., and submit it to
the auditor/audit team of the Commission on Audit together with a statement of the defects
and deficiencies noted.
The auditor/audit team of the Commission on Audit shall examine the book or pad. If he
finds that the defects are due to error in binding and printing, he shall make proper notations
on the book or on the defective sheet itself. He shall also furnish immediately the Local
Treasurer concerned with two (2) copies of the certification covering his action. The Local
Treasurer shall use this certification in support of a credit to his account for the missing or
defective form thus noted by the auditor. The Local Treasurer, through the auditor, shall send
two (2) copies of the certification to the head of the National Printing Office. These copies
shall contain the initials or numbers that are written on the respective card covers of the
defective books or pads, or on a slip covering such information for the guidance of the
National Printing Office in locating employees responsible for the error or deficiency. (Sec.
94, Book II, Vol. I, GAAM)
J. Use of Computer-Generated Official Receipts and Other Accountable Forms. The use
by local government units of computer-generated official receipts and other accountable
forms in lieu of the printed forms by the National Printing Office shall require the prior
approval of the Commission on Audit. (Sec. 68 (2), P. D. No. 1445) The reason for this
requirement is to insure that all the pertinent information and control features are
substantially included on the face of the computer-generated forms.
K. Custodianship of Accountable Forms. - The Local Treasurer shall be the custodian of all
accountable forms requisitioned by the local government unit. He shall maintain a complete
79
record of the receipt, issue and transfer of accountable forms. (Sec. 24, COA Circular No.
92-382)
L. Permanent Record Book for Accountable Forms. - Local Treasurers accountable for
receipts, stamps and other accountable forms in their possession or in the hands of deputies
and other employees entrusted therewith, shall keep adequate permanent record books which
should show, among other things, the whereabouts of the accountable forms with which they
are charged, the name and title of the officer or employee to whom such forms have been
given, the evidence of the receipt and subsequent sale and issuance of the same. The record
books shall contain the following column headings:
1) Booklet Number/Quantity (in case of official receipt without money value)
2) Serial Number/Total Value (in case of official receipt with money value)
3) Name (in print) ofAccountable Officer to whom issued
4) Signature ofAccountable Officer
5) Date received by Accountable Officer
6) Date reported totally used, sold, issued
These columns shall be utilized for recording consecutively all accountable forms in the
order they are received by the Accountable Officer. (Sec. 95, Book 11, Vol. I, GAAM)
N. Recording of Issues of Accountable Forms in the Permanent Record Book. - In the city
and municipal treasuries where accountable forms are issued directly to Barangay
Treasurers, collectors/tellers or other accountable officers, it is advisable that only one unit of
accountable form per denomination be recorded per line in the record book. In other words,
books of real property tax or other official receipts, cattle registration certificates, burial
permit receipts, etc., that are bound as such, will be recorded in the record book one line per
book per stub; and unnumbered and unbound stock, as cash tickets, per quantity to each line
in the record book as in the opinion of the Local Treasurer will be sufficient to meet the daily
or weekly requirements of the particular Barangay Treasurers, collector/teller or other
accountable officers, but with the total value per line. Recording in provincial treasuries will
be in larger quantities per line per denomination, since issues will be mostly to Municipal
Treasurers for their stock and the provincial collecting officers for their use.
When the column provided for 'Date reported totally used, sold, issued' of the record book is
not yet filled out, this indicates that the accountable forms are still in the stock and the Local
Treasurer concerned, or the officer in charge of the same, has the said forms in his possession
and is responsible for their safekeeping. When a book or stub of receipts or sheet of cash
ticket or any other quantitative unit of other accountable forms in the hands of collector/teller
80
or other accountable officers has been partly issued and the balance is returned for any reason
whatsoever, the last column of the record book, 'Date reported totally used, sold, issued',
should be filled out, and the remaining unissued accountable forms returned will again be
entered in a new line in the record book as a new entry, in the same way would it be entered
if it were a new requisition.
0. Daily Issues of Accountable Forms. - All accountable form beginning balances, received,
issued and on hand shall be reported in Box C of the Report of Collections and Deposit. The
collectors/tellers should submit to the Provincial, City and Municipal Treasurer concerned,
the stubs of the official receipts in their hands for verification. The Provincial, City, and
Municipal Treasurer or his duly authorized representative shall indicate his verification by
affixing the signature at the back of the triplicate copy of the last official receipt issued with
the following notation:
D"""'a=te'-")___ "
"Verified here: ____,(-=S=igi;,,n=at= u�re'-'a=n=dc...-=
The Barangay Treasurer shall report on his accountability for accountable forms using the
Barangay Report of Accountability for Accountable Forms. The report shall be prepared at
the end of each month and upon transfer of accountability of the Barangay Treasurer. All
accountable forms handled by him shall be reported in the form, including under a separate
caption, accountable forms issued to him for his use as a deputized Treasurer and distributed
in the manner prescribed in the Barangay Accounting Manual.
81
issue a circular or notice of loss for the information and guidance of all concerned to prevent
the possible fraudulent use of such accountable forms. The notice to be issued shall specify
the kind, quantity, and inclusive serial numbers of the lost accountable forms and the place or
places where, and approximate dates, when the same were lost.
The circular or notice of loss shall be issued only for accountable forms especially designed
for the exclusive use of the local government unit.
The Local Treasurer is not precluded from undertaking other measures which may prevent
the fraudulent use of the lost accountable forms, like the publication of such loss in
newspapers of general circulation.
Compliance with the foregoing provisions shall be one of the requirements in the request for
relief from accountability for the loss of accountable forms. (Sec. I 00 , Book II, Vol. I,
GAAM)
An accountable officer found to have caused the issuance of official receipts reported by him
to have been lost in the performance of his duties, and for which the money value of the
official receipts in question was not remitted, shall be liable therefor without prejudice to the
filing of administrative and criminal charges against him in accordance with the provisions of
civil service rules and regulations and penal laws.
In the case of obsolete accountable forms with or without fixed money value, the accountable
officer shall submit to the Unit Auditor an inventory in four (4) copies.
In the case of spoiled or damaged accountable forms which have fixed value, the accountable
officer shall submit an affidavit in four (4) copies stating:
l) The denomination and the total value of the forms; and
2) The reason for the damage and the circumstance surrounding the cause of such
damage or the reason for cancelling the form, and the name of the officer or employee
responsible.
The COA Unit Auditor or his authorized representative shall promptly inspect and destroy
the accountable fonns, and make a certificate on such actions below the affidavit or
inventory. The destruction shall be witnessed and certified to by the accountable officer or
Local Treasurer. The auditor shall return the affidavit or inventory, with his certificate of
destruction, to the accountable officer who will drop the accountable forms destroyed from
his Monthly Report of Accountability. The accountable officer shall attach one (l) copy of
the certified affidavit or inventory to the Monthly Report of Accountability and retain the
other copy for file. The COA Unit Auditor shall retain the original copy.
82
In the case of spoiled or cancelled accountable forms which do not bear fixed money value,
such as printed official receipts, Gen. Form No. 51, etc., the accountable officer shall submit
the cancelled original and duplicate copies with the Report of Collections with such
cancellation properly noted on the record or abstract of collection concerned.
A. Daily Turnover of Collections. - At the close of the business day, Collectors/Tellers shall
tum over all their collections intact to the Local Treasurer/Cashier. They shall accomplish the
Report of Collections and Deposits in four (4) copies. The original and two (2) copies,
together with the duplicates of official receipts issued and the cash collected, shall be
submitted to the Local Treasurer/Cashier. The fourth copy of the Report of Collections and
Deposits shall be retained by the collector/teller concerned Barangay Treasurers deputized to
collect taxes imposed by provinces, cities, and municipalities shall follow the same procedure
in submitting their collections to the Local Treasurer/Cashier concerned.
In the case of collectors assigned to the field, where travel time from their places of
assignment to the Local Treasury Office is more than one (1) day, tum over of collections
shall be made at least once a week or as soon as the collections reach
P 5,000.00. (Sec. 26, COA Circular No. 92-382)
Section 61. Designation of Liquidating Officers for Collections. - (a) The Local Treasurer
may designate liquidating officers from among the collectors/tellers whenever necessary. (Sec.
29, COA Circular No. 92-382)
(b) Collectors/Tellers shall turn over their collections to their designated Liquidating Officer,
following the procedures prescribed in Section 60 (A) hereof. The Report of Collections and
Deposits shall however be prepared in five (5) copies, four (4) copies to be submitted to the
Liquidating Officer, the fifth copy to be retained by the Collector/Teller. (Sec. 31, COA Circular
No. 92-382)
(c) The Liquidating Officer shall perform the procedures for the receipt and verification of
collections turned over to him, as in Sec. 60 (B) hereof. He shall also accomplish the Report of
Collections and Deposits in four (4) copies to summarize the collections turned over to him by
the Collectors/Tellers as well as his own collections. (Sec. 32, COA Circular No. 92-382)
83
(d) The liquidating officer shall turn over intact the cash collections to the Local
Treasurer/Cashier together with the original and two (2) copies of the Report of Collections and
Deposits of Collectors/Tellers and the duplicates of the official receipts issued. The Local
Treasurer/Cashier shall acknowledge receipt of the cash and all accompanying documents by
signing all copies of the Report of Collections and Deposits of the Liquidating Officer on the
certification and receipt portion of the form. The fourth copies of the Report of Collections and
Deposits of Liquidating Officer and the Report of Collections and Deposits of Collectors/Tellers
shall be retained by the Liquidating Officer. (Sec. 33, COA Circular No. 92-382)
(e) The Local Treasurer/Cashier shall deposit all collections and prepare the Report of
Collections and Deposits summarizing the collections and deposits for recording in his cashbook
and submission to the accountant, accompanied by all supporting documents. (Sec. 34, COA
Circular No. 92-382)
B. Opening of Depository Accounts. - (a) Local Treasurers shall open and maintain, in the
name of their respective LGUs, separate depository accounts for each fund in his custody
(Sec. 310, LGC).
(b) All Provincial, City and Municipal Treasurers shall deposit their funds and maintain
depository accounts with:
(c) By way of exception, and subject to prior approval of the Department of Finance,
Provincial, City and Municipal Treasurers may likewise deposit their funds and maintain
depository accounts with banks where government has shares of stocks or which are allowed
by law to be government depository banks:
43 BSP Monetary Board Resolution No. 493, dated April 26, 2007, granted PNB authorihJ to accept government
deposits on a continuing basis.
44 Subsidiary of Philippine Postal Corporation, created under R. A. No. 7354 (Postal Service Act of 1992).
4s May act as official depository of local government funds pursuant to R. A. Nos. 7906 (Thrift Banks Act of 1995);
7353 (Rural Banks Act of 1992; and 6938 (Cooperative Code of the Philippines).
84
(4) Al Amanah Islamic Investment Bank of the Philippines46
In all other cases, the Provincial, City and Municipal Treasurers shall secure the pnor
approval of the Department ofFinance. 48
( d) Local government units requesting authority to open and maintain depository accounts
with banks other than authorized government-owned depository banks shall comply and
submit to the Bureau of Local Government Finance, Central Office the following documents
for proper approval of the Department ofFinance49:
(2) A Certification from the LGU concerned on the absence of any government
owned depository bank located in or nearest its area of jurisdiction;
(3) A Certification to the effect that the Philippine Government owns shares of stocks
in the proposed depository bank or is allowed by law to be a government
depository bank;
(e) The barangay shall maintain only one depository account in the name of the barangay,
either as a trust fund with the city/municipal treasury, or in a current account with a
government-owned bank located within or nearest its area of jurisdiction or any bank
accredited by the Bangko Sentral ng Pilipinas as local government depository bank. The
choice of a depository bank for barangay funds shall be subject to the authorization of the
Sangguniang Barangay and approval of the Punong Barangay.
C. Daily Deposit of Collections with the Banks. - (a) The Local Treasurer/Cashier shall
deposit intact all his collections, as well as all collections turned over to him by the
Collectors/Tellers with the authorized depository bank daily or not later than the next
banking day. He shall record all deposits made in the Cashbook- Cash in Treasury and
Cashbook-Cash in Bank.
46 Authorized to accept government deposits under R. A. No. 6848 (Al Amanah Islamic Bank Charter.
47 Authorized to accept government deposits under R. A. No. 7169.
48 DOF Order No. 27-05, December 9, 2005
49 BLGF Memorandum Circular No. 03-2006, dated Februan; 20, 2006
85
In the case of municipalities where travel time to the depository bank is more than one ( 1)
day, deposit of collection shall be made at least once a week, or as soon as the collections
reach P 10,000.00. (Sec. 28, COA Circular No. 92-382)
(b) The Barangay Treasurer shall deposit all collections with the city or municipal treasury or
in the depository account maintained in the name of the barangay within five (5) days after
receipt thereof (Sec. 334 (a), LGC). He shall likewise record all deposits in the Cashbooks
maintained for Cash in Treasury and Cash in Bank.
E. Time Deposit Accounts. - (a) Provinces, cities, municipalities and barangays may deposit
with duly authorized government depository banks, idle funds in the General Fund under
time deposit accounts, upon prior authority of the sanggunian and approval of the local chief
executive. (Sec. 21, COA Circular No. 92-382)
(b) Idle funds shall mean available cash which the local government unit can freely invest in
government securities and/or fixed term deposits with authorized government depository
banks, after having provided or earmarked funds for regular and recurring operating expenses
like salaries and wages, repairs and maintenance, inventories and supplies, debt servicing,
programmed disbursements for capital outlays and other non-recurring expenses, within the
context of the cash operating cycle of the local government unit. Unremitted collections and
funds set aside for the payment of obligations to other local government units, government
agencies and private entities shall not form part of idle funds. (Sec. 22, COA Circular No. 92-
382)
86
shall be transmitted to the Local Treasurer for certification as to availability of fund 50s, and
forwarded to the Local Chief Executive or the duly authorized official for approval. The
disbursement vouchers and statements shall then be returned to the Local Treasurer for the
preparation of the checks to cover the remittances. The checks duly approved or signed, each
accompanied by a copy of the corresponding statements, shall be transmitted to the local
government units concerned immediately but not beyond the period prescribed by said units.
The recipient local government units/national agencies/financial institutions or their duly
authorized collecting agents shall acknowledge the remittances by the issuance of official
receipts. (Sec. 36, COA Circular No. 92-382)
2) Approval of the disbursement voucher by the local chief executive or duly authorized
official;
3) Preparation by the Cashier/Treasurer of the Advice for Bank Transfer, duly approved
by the local chief executive, authorizing the transfer of funds from the bank account
of the province/city/municipality for credit to the bank account of the
province/municipality/barangay.
4) Acknowledgment by the recipient local government unit of the receipt of the fund
transfer by furnishing the remitting local government unit a copy of the bank credit
advice/memo.
Section 63. Maintenance and Use of the Cashbook by Local Treasurers, Cashiers,
Liquidating Officers, Tellers, Collectors and Other Local Accountable Officers.
A. The Treasurer's Cashbooks. - The Treasurer shall maintain the following cashbooks:
1) Cashbook- Cash in Treasury.52 - The Cashbook for Cash in Treasury shall be used by
the Local Treasurer/Cashier to record the daily collections (Debit Column) and deposits
to the bank (Credit Column) based on the Report of Collections and Deposits. The
87
cashbook shall be maintained by fund and shall be updated and balanced daily.(Sec. 378,
NGASfor LGUs53)
2) Cashbook - Cash in Bank. 54 - The Cashbook for Cash in Bank shall be used by the
Local Treasurer/Cashier to record all deposits of collections (Debit Column) and
withdrawals thru checks issued from the banks(Credit Column) for the day. Separate
cashbooks shall be maintained for each depository bank account and by fund, and shall
be updated and balanced daily.(Sec. 379, NGASfor LGUs)
3) Cashbook-Cash Advances.55 - The Cashbook for Cash Advances shall be used by the
Local Treasurer/Cashier/Disbursing Officer to record cash advances received (Debit
Column) and payments, refunds and adjustments (Credit Column), and the balance
(Balance Column).(Sec. 380, NGASfor LGUs)
B. The Liquidating Officer's Cashbook.56 - The Liquidating Officer's Cashbook shall be used
by the designated Liquidating Officer to record all collections turned over to him by Tellers,
Field and Market Collectors (Debit Column), and remittances to the Local Treasurer/Cashier
(Credit Column). Separate cashbooks shall be maintained for each fund and shall be updated
and balanced daily.
D. Daily Recording in the Cashbook. - At the end of each day, all transactions shall be entered
in the appropriate cashbook. For Cashbook - Cash in Treasury, Cashbook-Cash in Bank and
Cashbook-Cash Advances, the balances obtained at the end of the day shall be reconciled
with the cash on hand. At the end of the month or when required to do so by competent
authority, the month's account and transactions shall be closed, ruled, and the accountable
officers will accomplish the certificate of transactions in the respective cashbooks.
"I HEREBY CERTIFY that the foregoing is a correct and complete record of
all my cash and depository transactions had by me m my capacity
as (designation) of (Name of the LGU) , during the
56 LTO Form 8
57 LTO Fann 9
88
period from , 200_, to __ _, 200_,
_____
inclusive, as indicated in the corresponding columns.
Title
----- - - --' 20_ "
G. Safeguarding of Cashbook. - At the close of office either for the noon break or at the end of
the day, all cashbooks shall be locked up in fire-proof vaults or safes. This duty devolves
upon the officer entrusted by law to keep such cashbooks irrespective of whether he is or not
the one personally making the entries of the cash transactions which are to be recorded
therein.
A. Report of Collections and Deposits58• - The Report of Collections and Deposits shall be
prepared daily by the following:
l) Tellers/Collectors - for collections received and remittances made to the designated
Liquidating Officer, if any, or to the Cashier/Local Treasurer.
The Report of Collections and Deposits shall include a report of accountability for
accountable forms showing the name of the forms and number, beginning balance, received,
issued and ending. It shall also contain a summary of collections and remittances/deposits
and breakdown of collections as to cash and details of checks received.
The Accountable Officer shall certify as to the correctness of the report. The Liquidating
Officer/Local Treasurer shall verify the report and acknowledge receipt of collections and
remittances. (Sec. 384, NGASfor LGUs)
For Real Property Tax payments, separate Report of Collections and Deposits shall be
prepared for collections pertaining to the Basic Tax and the Additional Tax accruing to the
Special Education Fund. In case of Real Property Tax payments in municipal treasuries,
89
additional copies of Report of Collections and Deposits for the Basic Tax and SEF shall be
prepared for submission to the Provincial Treasurer as reference in the computation of the
province's share therefrom. The procedures to be followed in the filling-up the form shall be
the same.
Collectors/Tellers and other Accountable Officers shall render this Report of Accountability
for Accountable Forms at the end of the month for consolidation by the Local Treasurer.
Such report shall also be prepared in case of transfer of office or accountability by the
Accountable Officer. (Sec. 397, NGASfor LGUs)
Frequency of
Title of Report Submission
62 Quarterly
]. Statement of Receipts and Expenditures
2. Statement of Receipt Sources Quaiterly
3. Economic Enterprises Statement of Financial Operations Quarterly
4. Municipality/City Quarterly Report on Real Property Tax Collections Quarterly
5. Provincial Quarterly Report on Real Property Tax Collections
6. Statement of Expenditures Quarterly
7. Statement of Indebtedness, Payment and Balances Quaiterly
8. Ouarterlv Report of Collections on Business Tax, Fees and CharKes Quarterly
Manual.
90
and Economic Enterprise Quarterly
(b) The following financial records, however, shall also be maintained by the Local Treasurer
for monitoring and control purposes:
1. Tax on Business
11. Regulatory Fees
111. Other Taxes
1v. Service or User Charges
v. Grants and Donations
v1. Loans and Borrowings
v11. Fund Transfers
Section 65. Policies, Rules and Procedures on Barangay Collections, Remittances and
Deposits.
(1) The Barangay Treasurer shall be responsible in handling collections of income and other
receipts of the barangay and the deposit thereof with Authorized Government Depository
Bank64 .
(2) All collections, either in cash or in check, shall be acknowledged by the issuance of a pre
numbered Official Receipt - General Form or its equivalent like the Real Property Tax
Receipts and the Community Tax Certificate, 65 subject to property custody,
accountability and audit.
(4) All accountable forms shall be secured from the City/Municipal Treasurer.
62
The detailed discussion on the preparation and submission of the Statement of Receipts and Expenditures (SRE),
formerly titled Statement of Income and Expenditures (SJE). and all supporting schedules, reports, and records is
contained in the BLGF SJEISRE Manual. The format for the SREs is shown in Annex 14 of this Manual.
63 RPTAR
64AGDB
65 CTC
91
(6) Endorsed checks shall not be accepted as payment of obligations to the barangay.
(7) For checks received, the Official Receipt number and date of issue shall be indicated at
the back of the check for reference purposes.
(8) All particulars in the Official Receipt shall be filled out. Duplicate and Triplicate copies
thereof shall be the exact carbon copy of the Original.
(9) Overages discovered during the cash count/cash examination shall be receipted and
added to the accountability of the Barangay Treasurer.
(10) Cash shortages, including the loss of cash through force majeure, theft, robbery, fire, etc.,
shall be deducted from the total cash account of the Barangay Treasurer/Accountable
Officer and shall be held personally accountable, pending the result of the Request for
Relief from Cash Accountability submitted to the Commission on Audit.
(11) All collections by the Barangay Treasurer for the barangay shall be reported 111 the
Summary of Collections and Deposits.
(1) The Barangay Treasurer shall deposit all his collections including those turned over by
the deputized Barangay Collectors with the Authorized Government Depository Bank
intact daily or not later than the following banking day. In the case of a barangay where
travel time to the depository bank is more than one (1) day, deposit of collections shall be
made at least once a week or as soon as the collections reach P 10,000.00.
(3) The selection of a depository bank other than the Authorized Government-Owned
Depository Bank shall be covered by a resolution of the Sanggunian Barangay) and
approved by the Punong Barangay). The Sanggunian Barangay Resolution shall indicate
the name of the bank, the type of deposit to be maintained, whether current, savings or
time deposit and the authorized signatories to the checks/fund withdrawals.
(4) Funds earmarked for future operation which are not immediately needed may be
transferred to time deposit account of the barangay. Placement in time deposits shall be
duly authorized by the Sangguniang Barangay and approved by the Among Barangay.
Certificate of time deposit/bank book shall be in the name of the barangay. Upon
maturity, the check for the proceeds shall be issued in the name of the barangay. Pre
termination of time deposit or its renewal/roll-over shall have prior authorization of the
Sangguniang Barangay and approval of the Punong Barangay.
92
4) In case of dishonored check, Notice of Dishonor shall be immediately sent to the payor
upon receipt of the Debit Memo and the dishonored check from the bank.
5) The original of the dishonored check and a copy of the bank Debit Memo shall remain
with the Barangay Treasurer.
6) All deposits by the Barangay Treasurer for the barangay shall be reported m the
Summary of Collections and Deposits.
C. Policies and Procedures on the Receipt and Remittance of Collections by the Barangay
Treasurer as Deputized by the City/Municipal Treasurer:
(1) The City/Municipal Treasurer shall issue a written authority deputizing the Barangay
Treasurer to collect Real Property Tax, Community Tax Certificate, etc., on his behalf.
(3) For a barangay where travel time to the City/Municipal Treasurer's Office is more than
one (1) day, remittance of collections shall be made at least once a week , or as soon as
the collections reach P 5,000.00.
(5) The Barangay Treasurer shall be accountable for all the forms received from the
City/Municipal Treasurer for use in the collection.
D. Policies and Procedures on the Receipt and Remittance of Collections by the Barangay
Collector as deputized by Sangguniang Bayan:
( 1) The Sangguniang Bayan shall issue a resolution deputizing the Barangay Collector to
collect market fees, parking fees, community tax, etc., on behalf of the Barangay
Treasurer.
(2) Collections of the deputized Barangay Collector shall be remitted daily to the Barangay
Treasurer.
(3) All remittances shall be supported with Summary of Collections Report and Report of
Accountability for Accountable Forms.
(4) The deputized Barangay Collector shall be accountable for all forms received from the
Barangay Treasurer.
Section 66. Direct Remittance to Barangay Bank Account. - Credit Memo received from
the bank for direct remittance made by local government units or the Department of Budget and
Management for the barangay share in Real Property Tax or the Intern�! Revenue Allotment,
93
respectively, shall be recorded direct to the Cash on Hand and in Bank Register and in the Cash
Receipts and Deposits Register.
a) Collections and deposits by the Barangay Treasurer of the barangay shall be recorded
in the Summary of Collections and Deposits daily or as transaction occurs.
g) The daily sub-totals of the Summary of Collections and Deposits shall be recorded in
the Cash on Hand and in Bank Registers maintained by the Barangay Treasurer.
h) Weekly, the Summary of Collections and Deposits shall be totaled, balanced and
ruled and submitted to the BRK supported by the duplicated copies of the official
receipts issued and the original of the validated deposit slips.
i) Receipt of the certified Summary of Collections and Deposits and its supporting
documents shall be acknowledged by the Barangay Record Keeper. 70
66
The detailed narrative.flow ofprocedures on the receipt, deposit and recording ofbarangay collections are shown
in LTO Annexes 22, 23, 24, and 25.
67 SCD, LTO Form 19
68 VOS
94
j) The Summary of Collections and Deposits shall serve as basis of the BRK in
recording the weekly collections and deposits in the Cash Receipts and Deposits
Register.
11. Issued Official Receipts, Community Tax Certificates, Real Property Tax
Receipts including cancelled ones shall be recorded in correct numerical
sequence.
11. Issued Official Receipts and accountable forms with money value shall be
recorded in batches showing the inclusive serial numbers (if available),
quantity issued and the total amount collected.
95
1) Cash Receipts and Deposits Registe/2
a) The Barangay Record Keeper shall record weekly all receipts in the Cash Receipts
and Deposits Register based on the Summary of Collections and Deposits.
b) Bank credits and interest earned shall be recorded in the Cash Receipts and Deposits
Register by the Barangay Record Keeper, based on the bank Credit Memo.
c) At the end of the month, the Cash Receipts and Deposits Register shall be totaled,
balanced, ruled, recapitulated and certified.
d) The certified Cash Receipts and Deposits Register together with the Summary of
Collections and Deposits shall be submitted to the City/Municipal Accountant on or
before the 5th day of the following month.
73
2) Cash on Hand and in Bank Register
a) The Barangay Treasurer shall record all collections and deposits in the Cash on Hand
and in Bank Register daily based on the Summary of Collections and Deposits.
b) Bank credits/charges per Debit Memo, interests earned and withholding taxes as
reflected in the bank statement/passbook shall be recorded in the Cash on Hand and in
Bank Register by the Barangay Treasurer.
c) At the end of the month, the Cash on Hand and in Bank Register shall be totaled,
balanced, ruled, recapitulated and certified.
d) The certified Cash on Hand and in Bank Register shall be submitted to the
City/Municipal Accountant on or before the 5 th day of the following month.
e) Balance on hand and in bank shall be forwarded to the next month's Cash on Hand
and in Bank Register.
a) The Barangay Treasurer shall prepare the Report of Accountability for Accountable
Forms for the receipts and issuances of accountable forms and the outstanding
balance under his custody.
b) The deputized Barangay Collectors shall also prepare and submit their individual
Report of Accountability for Accountable Forms daily to the Barangay Treasurer to
summarize the receipts and issuances of accountable forms under their custody.
96
c) The Barangay Treasurer shall consolidate the individual Report of Accountability for
Accountable Forms submitted by the deputized Barangay Collectors with his own
Report of Accountability for Accountable Fonns and shall submit the certified
Consolidated Report of Accountability for Accountable Fonns75 to the Barangay
Record Keeper.
d) The Barangay Record Keeper shall certify the Consolidated Report of Accountability
for Accountable Fonns and submit to the City/Municipal Treasurer on the fifth (5th) of
the following month.
Section 68. General Provisions. - The following shall govern the examination by the Local
Treasurer of books of accounts and pertinent records of businessmen:
The examination of the books of accounts and pertinent records of business is an inherent
function of Local Treasurers and may be perfonned or enforced without need of an executive
order from the Local Chief Executive or an implementing ordinance of the sanggunian.
(BLGF l s' Indorsement to the City Treasurer of Santiago City, ·May 13, 1996)
The Local Government Code has not specified the rank of the officials who may be
deputized to examine books of accounts of business establishments. However, under P.O.
No. 231, as amended76, only the deputies duly appointed to, and occupying positions in the
plantilla of personnel as Administrative Deputy, Supervising Deputy, Senior Deputy and
Junior Deputy or such other similar designations as Deputy Provincial and Municipal
Treasurers of the Office of the Provincial Treasurer; or the Administrative Deputy, Senior
Deputy and Junior Deputy of the Office of the City Treasurer, can be duly authorized in
writing by the Provincial or City Treasurer to examine the books of accounts of business
97
establishments in their respective jurisdictions. Accordingly, a City Treasurer may not
deputize the Administrative Officer of the Sangguniang Panlungsod to examine the books
of accounts of business establishments. (DOF 81h lndorsement, October 30, 1974 to the
Secretary ofLocal Government and Community Development)
4) Time, Frequency and Certification. - The examination of the books of accounts and
pertinent records of the business of the taxpayer shall be made during regular business hours,
not oftener than once a year for every tax period, which shall be the year immediately
preceding the examination, and shall be certified to by the examining official. Such
certification shall be made of record in the books of accounts of the taxpayer examined. (Art.
259 (c), IRR implementing Sec. 171, LGC)
The tax period that may be examined by the Local Treasurer or his duly authorized
representative is limited to the year immediately preceding the date of examination. The
intent of the law is to remind Local Treasurers that they should examine every year the
books of accounts of the businesses within their jurisdiction to ascertain the correctness of
the amounts of business taxes paid. It may be implied that past years' accounts may no
longer be looked into to prevent undue harassment of the business sector by examiners.
(BLGF Letter, August 27, 1991 to Republic-Asahi Glass Corporation)
5) Access to the Bureau of Internal Revenue Records. - The records of the Revenue District
Office of the Bureau of Internal Revenue shall be made available to the Local Treasurer, his
deputy or duly authorized representative. 78 (Art. 259 (e), !RR implementing Sec. 171, LGC)
(1) From the list of business taxpayers, the Local Treasurer chooses the business entities that
will be verified and examined based on several factors such as: complexity of the
business, materiality and volume of prior years' gross sales, number of sales/distribution
outlets, delinquency in payment of business taxes and other relevant factors.
(2) The Local Treasurer shall create the Examination Team to be composed of staff from the
Local Treasury Office and/or deputized staff from other offices of the local government
78 Refer to E. 0. No. 646, Accessibility of Information on Taxpayers Between the BIR and the LGU for Tax
Collection Purposes.
98
unit concerned. The Team shall be headed preferably by a Certified Public Accountant or
one who is a holder of the degree of Bachelor of Science in Commerce major in
Accounting.
(3) The Local Treasurer shall issue the Office Order, designating the Team Leader and the
members of the Examining Team, copy furnished the Local Chief Executive.
(4) Preferably, a pair of deputized Examiners shall conduct the examination of the accounts
of business establishments. However, in order to cover more establishments, the
examination may be done by a lone deputy.
(5) No deputized Examiner shall be assigned to the same business establishment he had
examined the previous year.
(6) The Local Treasurer shall prepare the Notification Letter, addressed to the business
taxpayer, informing him of the examination/inspection to be conducted by the LGU
Examination Team. A formal reply from the business taxpayer should be required before
the examination date will be scheduled.
(7) The Local Treasurer shall prepare the Letter of Appointment, addressed to the business
taxpayer, indicating the exact date of the examination visit, documents to be examined,
year to be covered by the examination, and the names and signatures of the Members of
the Examining Team.
(8) The Letter of Authority/Appointment78 shall also be prepared and signed by the Local
Treasurer and shall serve as the authority of the Examining Team to conduct the
examination of the business taxpayer's records, which shall be signed by the Local
Treasurer and the members of the team. The Letter of Authority shall be served to the
business taxpayer immediately after receipt thereof by the deputized Examiners.
(9) In case the Letter of Authority cannot be served, the deputized Examiner concerned shall
report the matter to the Team Leader/Immediate Supervisor, citing the reason(s) for the
inability to serve the Letter of Authority. If the reason/cause is meritorious, the Team
Leader/Immediate Supervisor shall request for another business establishment to
examine. All unserved Letters of Authority shall be returned within ten ( 10) days after
the end ofthe examination period.
(I) The Examination Team shall prepare the audit/examination program, detailing the
objectives and procedures to be performed during the conduct of the examination, copy
furnished the Local Chief Executive for his information.
99
(2) The designated Team Leader shall exercise close supervision over the members of the
team in the conduct of the examination and shall ensure that they conduct themselves at
all times with proper decorum.
(3) Deputized Examiners shall wear their prescribed uniforms, if any, when conducting the
examination. They shall properly identify themselves to the owner or manager of the
business establishment by presenting their official Identification Cards in serving the
Letter of Authority together with the Letter of Appointment.
(4) In case the books of accounts and other records are not available on the first visit, another
appointment with the business owner/representative should be made not later than three
(3) days after serving the Letter of Authority.
(5) The books of accounts and pertinent records shall be handled with care. Deputized
Examiners shall avoid making any tick marks or writings on the same, except for the
certification that said books of accounts have been examined, date examined, and the
signature of the Deputized Examiner after the last entry.
(6) Where the examination of the books of accounts and other records could not be
accomplished in one ( 1) day, the deputized Examiner shall indicate on the Tax Data and
Assessment Form, the date and time when the examination started and when terminated.
(7) If at the time of examination of a business entity, the owner or representative cannot be
contacted or could not produce the pertinent records and books of accounts needed for the
examination, this fact must be noted by the Examination Team in the Tax Data and
Assessment Form. In case similar circumstances occur during the second and third visits,
the same facts should be noted in the Tax Data and Assessment Form, indicating the time
and date of each visit. The notation shall also be made in the original copy of the Letter
of Authority.79
79 Refer to LTO A1111exes 33 and 34 for the pro-fon11a notices in case of non-prese11tatio11 of documents for
exam i11atio11
100
1v. Acceptance of the following books of accounts and documents for
verification/examination:
b) Check posting to the General Ledger from Sales Journals/Cash Receipts Journals
and other books where sales or service income are reflected;
c) Verify the entries in the Sales Journals/Cash Receipts Journals and other books of
accounts from the sales invoices/delivery receipts/provisional and/or official
receipts and other documents showing the sales or receipts of income revenues (at
random);
e) Compute the correct Gross Receipts/Sales based on the sales records examined.
a) Verify the amount of purchases reflected 111 the Income Statement from the
General Ledger;
IOI
b) Check posting to the General Ledger from Purchases/Cash Payments Journals;
and
3) For Inventory -
c) If warranted, inspect at random material items in the inventory and check against
the physical inventory count; and
I) Tax Data Working Papers or Tax Data Sheet.so - This working paper shows the
comparison between the gross receipts/sales declared per business permit application and
the gross receipts/sales as appearing in the sales documents examined. The amount of the
understatement or overstatement in gross receipts/sales is likewise presented in the
working papers.
2) Tax Data and Assessment Form.s 1 - This shall be accomplished in triplicate and
submitted by the deputies to their immediate supervisor for every examination and
inspection conducted. It contains all the pertinent information on the business concerned
and the detailed findings of the deputies. This form shows the· detailed computation of the
additional assessment for business tax based on the computed understatement of
102
sales/receipts declared in the business permit application, the amount of surcharges and
penalties, the interest on the deficiency tax assessed, as well as the signatures of the
Examination Team and the Local Treasurer. The Tax Data and Assessment Form shall be
attached to the Letter of Authority and shall be submitted to their immediate supervisor
for review before submission to the Local Treasurer for approval. The original copy of
the Tax Data and Assessment Form shall be given to the business taxpayer concerned.
6) Submission to the Local Chief Executive by the Local Treasurer of the list of final
demand letters sent to business taxpayers for possible foreclosure proceedings.
103
LOCAL TREASURY OPERATIONS
MANUAL
EXPENDITURES
AND
DISBURSEMENTS
BOOK THREE
104
Chapter 1. CONCEPT OF FUNDS89
Section 70. Definition of Fund. - "Fund" is a sum of money or other resources set aside for
the purpose of carrying out specific activities or attaining certain objectives in accordance with
special regulations, restrictions or limitations, and constitutes an independent fiscal and
accounting entity. (Sec. 306 (h), LGC)
"Government funds" include public moneys of every sort and other resources pertaining to any
agency of the government. (Sec. 3 (2), P.D. No. 1445)
Section 71. General Classification of Funds. - Government funds are generally classified
into General Fund, Special Fund and Trust Fund. Jn the Local Government Units, the
classifications of funds are as follows:
A. Local Funds - Every local government unit shall maintain a General Fund which shall be
used to account for each monies and resources as may be received by and disbursed from the
local treasury. The General Fund shall consist of monies and resources of the local
government which are available for the payment of expenditures, obligations or purposes not
specifically declared by law as accruing and chargeable to, or payable from, any other fund.
(Sec. 308, LGC)
Special Accounts shall be maintained in the General Fund for the following:
11. Loans, interests, bond issues, and other contributions for specific purposes;
and
111. Development projects funded from the share of the local government unit
concerned in the internal revenue allotment and such other special accounts
which may be created by law or ordinance.
Receipts, transfers, and expenditures involving the foregoing special accounts shall be
properly taken up in the accounts of the respective Special Accounts.
Profits or income derived from the operation of public utilities and other economic
enterprises, after deduction for the cost of improvement, repair and other related expenses of
the public utility or economic enterprise concerned, shall first be applied for the return of the
advances or loans made therefor. Any excess shall form part of the General Fund of the local
government unit concerned. (Sec. 313, LGC)
89 The discussion under expenditures and disbursements includes a brief but concise discussion of the concept of
funds which are the very subject of expenses and disbursements, the concept of appropriations, al/ot111ents, and
obligations whic/1 constitute the budgetary stages before expenditures and disbursements take place, as well as the
related internal control guidelines to ensure good governance and accountability. On the other hand, the revised
complete budget process for LG Us is already thoroughly discussed in the Updated Budget Operations Manual
(UBOM) for LG Us promulgated by the Department of Budget and Management.
105
No separate books of accounts shall be maintained for these special accounts. Transactions
pertaining thereto shall be recorded in the General Fund books. (Sec. 353, NGASfor LGUs)
B. Special Funds - There shall be maintained in every provincial, city or municipal treasury the
following special funds:
1) Special Education Fund90 - (a) Special Education Fund shall consist of the respective
shares of provinces, cities, municipalities and barangays in the proceeds of the additional
one percent (1 %) tax on real property (Sec. 309 (a), LGC), which shall be automatically
released to the local school boards. Provided, that, in case of provinces, the proceeds
shall be divided equally between the provincial and municipal school boards. Provided,
however, That the proceeds shall be allocated for the following purposes as determined
and approved by the Local School Board:
The corresponding budget shall be prepared by the Local School Board, which shall
authorize the Local Treasurers concerned to disburse the funds from the Special
Education Fund.
2) Trust Funds - Trust Funds shall consist of private and public monies which have
officially come into the possession of the local government or of a local government
official as trustee, agent or administrator, or which have been received as guaranty for the
fulfillment of some obligation. A Trust Fund shall only be used for the specific purpose
for which it was created or for which it came into the possession of the local government
unit. (Sec. 309 (b), LGC)
a) No money shall be paid out of the local treasury except in pursuance of an appropriations
ordinance or law; (Sec. 305 (a), LGC)
b) Local government funds and monies shall be spent solely for public purposes; (Sec. 305 (b),
LGC)
c) Trust Funds in the local treasury shall not be paid out except in fulfillment of the purpose for
which the trust was created or the funds received; (Sec. 305, (e), LGC)
d) Fiscal responsibility shall be shared by all those exercising authority over the financial
affairs, transactions, and operations of the local government units; (Sec. 305 (/), LGC)
90 SEF
106
e) Claims against government funds shall be supported with complete documentation; (Sec. 138
(!), Book Ill, Vol. I, GAAM)
f) No contract involving the expenditure of public funds shall be entered into unless there is an
appropriation therefor, the unexpended balance of which, free of other obligations, shall be
sufficient to cover the proposed expenditure; (Sec. 85 (]), P. D. No. 1445)
i) All laws and regulations applicable to financial transactions shall be faithfully adhered to.
(Sec. 138 (g), Book Ill, Vol. I, GAAM)
(b) Generally, there are appropriations for a general purpose requiring expenditures to be made
for a number of incidental purposes without specifying an exact amount for any one of the
incidental purposes. There are those which go into considerable detail and limit the expenditure
to certain amounts for certain very specific purposes. Specifically, appropriations may be
classified, as follows: (Sec. 140, Book 111, Vol. I, GAAM)
107
which proved to be inadequate or insufficient for the particular purpose intended. (Sec. I 44,
Book III, Vol. I, GAAM)
No local ordinance providing for a Supplemental Budget shall be enacted, except when
supported by funds actually available as certified by the Local Treasurer or by new revenue
sources.
A Supplemental Budget may also be enacted in times of public calamity by way of budgetary
realignment. Such ordinance shall clearly indicate the sources of funds available for
appropriations, as certified under oath by the Local Treasurer and Local Accountant and
attested by the Local Chief Executive, and the various items of appropriations affected and
the reasons for the change. (Sec. 321, LGC)
Section 74. Use of Appropriated Funds and Savings. - Funds shall be available exclusively
for the specific purposes for which they have been appropriated. No ordinance shall be passed
authorizing any transfer of appropriatior.s from one item to another. However, the Local Chief
Executive or the presiding officer of the sanggunian concerned may, by ordinance, be authorized
to augment any item in the approved annual budget for their respective offices91 from savings in
other items within the same expense class of their respective appropriations. (Sec. 336, LGC).
A. The Local Budget - The local budget is based on estimated income and program of
expenditures for a given year. It specifies annual expenditure ceilings. However, actual
releases of funds and disbursements depend on the collection and receipt of funds by the
local government unit.
Since funds will have to be committed and disbursed even as revenues are being collected,
there is a need for a system to ensure that obligations and payments will not exceed the
approved budget and the amount that will ultimately be collected is available.
Hence, we use one system of budget control which is the Allotment System to ensure that
obligations incurred will not exceed appropriations or authorizations made by appropriation
ordinance, directing the payment of goods and services from local government funds under
specified conditions or purposes.
Under the Allotment System, obligations may be incurred as long as it is within the allotment
ceiling even if the total amount of the obligation is not supported by cash in the bank at the
time it is incurred. This provides flexibility in the implementation of programs and projects.
(p. 87, UBOM.for LGU/2)
91 For the purpose of this provision," respective offices" refer to the various departments/offices/units under either
the LCE or the Local Sanggunian.
92 Updated Budget Operations Manual for Local Government Units
108
obligations for specified amounts within its appropriations (p. 87, UBOM for LGUs). The
authorization is called the Allotment Release Order93, which is a specific authority to incur
obligations not exceeding the amount for the specific purpose indicated. (p. 88, UBOM for
LGUs)
I) Local Budget Matrix95 - The Local Budget Matrix is the yearly overall financial plan of
the local government unit equivalent to its approved appropriation disaggregated into
components or categories. The category of the expense item as reflected in the Local
Budget Matrix determines the timing and magnitude of the release of allotment.
The Local Budget Matrix classifies budgetary items under Not-Needing Clearance96,
Needing Clearance97, Reserve, Later Release, and Unprogrammed Appropriation. (p. 88,
UBOMfor LGUs)
2) Cash Program - The Cash Program must be able to facilitate the management of cash
such that it is available when it is needed for payment of obligations and at the same time
optimizes its utilization; ensures that released allotment are adequately covered by
available cash and/or future collections; and provides information for control of
expenditures and future planning of activities.98 The tools99 used in cash programming
are the Cash Flow Forecast and the Cash Flow Analysis.
3) Physical Performance Targets - The Physical Performance Targets reflect the targeted
units of work under each program/activity/project (P/A/P) for each department/office
based on the historical data of peaks and slumps of activities/tasks and the peculiar
requirements of certain P/A/Ps. The plan is prepared for the entire calendar year with
quarterly/semi-annual targets for the departments/offices to achieve. (p. 95, UBOM for
LGUs)
93ARO
94
The detailed guidelines in the preparation of the local Budget Matrix, Cash Program and Performance Targets
are contained in the UBOM for LG Us.
95 LBM
96NNC
97 NC
109
A. Definition of Obligation - Obligation refers to the amount committed to be paid by the local
government unit for any lawful act made by an accountable officer for and in behalf of the
local government unit concerned. (p. 97, UBOMfor LGUs)
Obligation shall be limited to the available allotment for the purpose. Consistent with the
New Government Accounting System, obligations shall be taken up in the registries100 as
they are incurred. Accordingly, expenditures and obligations incurred during a fiscal year
shall be taken up in the accounts of that year. (p. 98, UBOMfor LGUs)
I) The Head of the re�uesting office in the local government unit shall prepare the
Obligation Request 10 and the Disbursement Voucher 103 and certify on the necessity
and legality of changes to appropriation and allotment under his direct supervision.
He shall also certify to the validity, propriety and legality of the supporting
documents (Box A of ObR);
2) The Local Budget Officer shall certify as to the existence of available appropriation
that has been legally made for the purpose (Box B of ObR) and shall maintain the
appropriate Registries of Appropriation, Allotments and Obligations as prescribed
under the New Government Accounting System for Local Government Units; and
3) The Local Accountant shall certify the obligation of allotment and completeness of
supporting documents (Box A of DV).
103DV
I IO
1) Current Operating Expenditures - "Current Operating Expenditures" refer to
appropriations for the purchase of goods and services for current consumption or for
benefits expected to terminate within the fiscal year, including goods and services
that will be used or consumed during the budget year. (Sec. 306 (!), LGC)
2) Capital Outlays - Capital Outlays refer to appropriations for the purchase of goods
and services, the benefits of which extend beyond the fiscal year and which add to the
assets of local government unit concerned, including investments in public utilities
such as markets and slaughterhouses. (Sec. 306 (d), LGC)
Any official or employee of the local government unit knowingly incurring any obligation, or
authorizing any expenditure in violation of the provisions of the Administrative Code of
1987 (E. 0. No. 292) or taking part therein, shall be dismissed from the service, after due
notice and hearing by the duly authorized appointing official. If the appointing official is
other than the President and should he fail to remove such official or employee, the President
may exercise the power of removal. (Sec. 43, Book VJ, E. 0. No. 292)
1) Irregular Expenditures - (a) The term "Irregular Expenditure" signifies that the
expenditure incurred does not adhere to established rules, regulations, procedural
guidelines, policies, principles or practices that have gained recognition in law. Irregular
expenditures are incurred without conforming to prescribed usages and rules of
discipline. There is no observance of an established pattern, course, mode of action,
behavior, or conduct in the incurrence of an irregular expenditure. A transaction
conducted in a manner that deviates or departs from, or which does not comply with
standards set, is deemed irregular. An anomalous transaction which fails to follow or
which violates appropriate rules of procedure is likewise irregular. Irregular expenditures
are different from illegal expenditures as the latter would pertain to expenses incurred in
104 PS
105 MOOE
106 IUEEU, COA Handbook on Government Expenditures, 2002
111
violation of the law, while the former would pertain to violation of applicable rules and
regulations other than the law. (Sec. 162, Book III, Vol. I, GAAM)
10) Bringing home government motor vehicles after office hours by officials to
whom these are assigned, except when the LOU does not have a garage that
112
could ensure the safety of the vehicle, or when in terms of mileage/time it is
more economical for the official to park the vehicle at his residence.
11) Office equipment and property without the proper identification or inventory
markings.
1) Grant of overtime pay for work that is not urgent in nature as to require
completion within a specified time or that can be undertaken during regular
office hours.
3) Use of air conditioners when not needed, or even during the absence of the
official in whose room the air conditioner is installed.
4) Use of table lamps while working in the office where the room is adequately
illuminated from the ceiling lights.
(b) The term "Excessive Expenditures" pertains to the variables of Price and Quantity:
113
11. Volume Discounts - The price is deemed excessive if the discounts
allowed in bulk purchases is not reflected in the price offered or in the
award or in the purchase/payment document.
(c) In determining whether or not the price is excessive, the following factors may be
considered:
(b) Factors such as the nature of the LGU's operations, missions, profitability of past
operational performance, and availability of financial resources derived from income or
retained earnings, must be taken into account in the matter of determining whether or not
114
expenditure is extravagant. The term "Extravagant Expenditure" pertains to the variables
of quantity relative to the level or rank of the user and the purpose for such expenditure.
A. Purchase of luxurious and expensive office furnishings for office buildings (e.g.
rugs, carpets, draperies, wall decors, utensils, desks, chairs, lamps), except for the
Offices of the President of the Philippines; the Justices of the Supreme Court,
Intermediate Appellate Court and other courts of equivalent rank; the Speaker of
the House of Representatives; and the Heads and Members of the Constitutional
Commissions; the Department Secretaries; Governors; Mayors; the Bureau
Directors and their equivalent ranks in government corporations and other
agencies, as warranted by their resources.
C. Purchase of expensive cars, except for the use of the following officials:
E. Purchase of wines, liquors, cigars and cigarettes, except when served to foreign
dignitaries during state functions and government-sponsored international
conferences and conventions.
115
or restrained by conscience. These are unreasonable and immoderate expenses incurred in
violation of ethics and morality by one who does not have any feeling of guilt for the
violation. (Sec. 166, Book Ill, Vol. I, GAAM) 107
A The Official Fiscal Year. - The official fiscal year of local government units is the period
1\ beginning with the first ( 1 51) day of January of a given year and ending with the thirty-first
(31 51) day of December of the same year.
The approved budget and/or appropriation and corresponding release of allotments in the
local government units shall be the basis for the disbursements of its funds for the fiscal year.
The appropriations insofar as practicable, shall be in a lump sum amount set aside by
programs and further subdivided into Current Operating Expenditures composed of Personal
Services and Maintenance and Other Operating Expenses and Capital Outlays. Further, the
object of expenditures for each allotment class should be specified to be able to properly
monitor expenditures.
C. Use of Appropriated Funds and Savings. 1 08 - Funds are available exclusively for the
specific purpose for which they have been appropriated.
107
As a guide to the proper handling of' expenditures, the list of minimum documentary requirements for specific
expense item is presented in LTO Annex 41. this Manual.
10s See Sec. 74, this Manual
116
In case of emergency ansmg from typhoon, earthquake, or any other calamity, the
sanggunian concerned may authorize the Local Treasurer to continue making disbursements
from any local fund in his possession in excess of the limitations herein provided, but only
for such purposes and amounts included in the approved annual budgets.
Any overdraft which may be incurred at the end of the year in any local fund by virtue of the
provisions hereof, shall be covered with the first collections of the immediately succeeding
fiscal year accruing to such local fund. (Sec. 337, LGC)
Any public officer who shall apply any public funds or property under his
administration to any public use other than that for which such funds or property was
appropriated by law or ordinance shall suffer the penalty of prision correccional in its
117
minimum period or a fine ranging from one-half to the total value of the sum
misapplied, if by reason of such misapplication, any damage or embarrassment shall
have resulted to the public service. In either case, the offender shall also suffer the
penalty of temporary special disqualification.
If no damage or embarrassment to the service has resulted, the penalty shall be a fine
from5 to 50 percent of the same misapplied. (Article 220, Revised Penal Code)
Section 80. Basic Requirements on Disbursements from General Fund and Special
Education Fund. - Disbursements from the General Fund and Special Education Fund shall
require the following:
l) Certification as to existence of appropriation that has been legally made for the purpose by
the Local Budget Officer (Box "B" of ObR);
3) Certification in the Disbursement Voucher (Box "A") by the Local Accountant that allotment
has been obligated for the purpose and the supporting documents are completed;
4) Certification in the Disbursement Voucher (Box "B") by the Local Treasurer that funds are
available for the purpose;
5) Approval by the Local Chief Executive, except for regularly recurring administrative
expenses such as: payrolls for regular or permanent employees, expenses for light, water,
telephone and telegraph services, remittances to government creditor agencies such as GSIS,
BIR, PHILHEALTH, LBP, DBP, NPO, PS of the DBM and others, where the authority to
approve may be delegated.
The Disbursement Voucher for expenditures appropriated for the operation of the
sanggunian shall be approved by the provincial Vice-Governor, the city Vice-Mayor or the
municipal Vice-Mayor, as the case may be. The disbursements for Special Education Fund
shall be approved by the Local Chief Executive concerned as co-chairman of the Local
School Board.
6) Necessary documents supporting the disbursement vouchers and payrolls are reviewed by the
Local Accountant/Head of Accounting Unit.
Section 81. Basic Requirements on Disbursements from Trust Funds. - (a) Disbursement
from the Trust Fund shall require the following:
118
I) Certification by the Local Treasurer that Trust Funds are available for disbursements
(Box "B" of Disbursement Voucher);
2) Certification by the Local Accountant that supporting documents are complete (Box "A"
of Disbursement Voucher);
(b) Trust Funds maintained for projects implemented by the local government unit sourced from
domestic or foreign grants/loans (local/foreign-assisted projects) should be utilized strictly in
compliance with the provisions of any Memorandum of Agreement (MOA), Memorandum of
Undertaking (MOU) or other agreements signed by the local government unit with other
government agencies or private entities. In no case shall these trust funds be used for purposes
other than what is provided in the MOA/MOU, or temporarily transferred to other funds of the
local government unit, since this constitutes violation of the grant/Joan agreements of the
government with the local/foreign donors. Funds received from these sources shall be maintained
in separate bank accounts and shall never be commingled with other funds of the local
government unit.
A. Disbursement Voucher' 09 � The Disbursement Voucher shall be used for all money claims.
The following guidelines in the preparation of the Disbursement Voucher shall be observed:
I) The Disbursement Voucher shall be printed in one whole sheet of legal size bond paper.
This shall be prepared in three (3) copies to be distributed as follows:
2) The Accounting Unit shall stamp the date of receipt on the face of the Disbursement
Voucher and shall assign a number to the Disbursement Voucher. The Disbursement
Voucher Number shall also be stamped in all pages of the supporting documents attached
thereto;
3) The Number of the Obligation Request shall be indicated in the Disbursement Voucher;
119
4) The Responsibility Center (Department/Office/Unit/Project and Code) where the
disbursement shall be charged should be indicated;
5) The Local Accountant or his authorized representative shall certify in Box "B" of the
Disbursement Voucher, as to the obligation of allotment for the purpose as indicated, and
completeness of supporting documents. The certifying officer shall affix his signature,
print his name, and indicate his position and the date signed;
6) The Local Treasurer or his authorized representative shall certify in Box "C" of the
Disbursement Voucher on the availability of funds. The certifying officer shall affix his
signature, print his name, and indicate his position and the date signed;
7) The Local Chief Executive or his authorized representative shall approve the payment
in Box "D" of the Disbursement Voucher. The approving officer shall affix his
signature, print his name, and indicate his position and the date signed;
8) The claimant or his duly authorized representative shall acknowledge the payment in
check/cash and indicate the date of receipt thereof in Box "E" of the Disbursement
Voucher. The claimant/payee shall affix his signature on the spaces provided in the
Disbursement Voucher and shall indicate the number and the date of the check, the bank
where the check is drawn, and the number and the date of the Official Receipt or other
relevant document issued to acknowledge the payment; and
9) The number and the date of the Journal Entry Voucher' 10 shall likewise be indicated in
the Disbursement Voucher.
B. Payroll - The Payroll is used for the payment of salaries and other emoluments of
government employees. It may be in the form of the General Payroll 111 or the Dai Iy Wage
Payroll112. It shows the names of the employees, their monthly salary/emolument, the amount
earned for the period, salary deductions and the net amount paid. The signatures of the
employees on the payroll are the evidence of payment. All unclaimed wages within a period
of fifteen ( 15) days shall be refunded to the collecting officer who shall issue an official
receipt in acknowledgment thereof. Subsequent payment for the unclaimed wages must be
made through individual Disbursement Vouchers and checks.
The payroll shall be prepared in four (4) copies. The original and another copy of the paid
payroll shall support the Report of Disbursements to be submitted to the Chief Accountant
for entry in the Journal of Disbursements. The other two (2) copies of the payroll shall be
submitted to the Local Administrative Officer, one copy for his file and the other copy for the
recording of payroll changes to serve as guide in the preparation of the payroll for the
subsequent periods.
110 ]EV
111 GP, LTD Form 43
112 DWP, LTD Form 44
120
Section 83. Modes of Disbursements. - (a) Disbursements covered by Disbursement
Vouchers and/or Payrolls are usually paid either by check or in cash. Other modes of
disbursements include direct payments and/or bank transfers.
Ideally, cash should be handled under the general principles of the Imprest System where all
payments must be made by check and only payments in small amounts may be made in cash
through the petty cash fund. (Sec. 172, Book III, Vol. I, GAAM)
Checks shall always be made payable to a specific person or entity and never to
"Cash" or "Bearer". All checks shall be crossed for deposit to the payee's account,
except checks which are payable to government employees. Unused checks shall
be kept in the vault, which shall be accessible only to the Local Treasurer. The
signing or countersigning of blank checks shall not be allowed.
2) Release of Checks. - The Local Treasurer shall release the check only to the
payee or his duly authorized representative. It shall be released only when the
Accountant's Advice of Local Check Disbursements 114 has been prepared and
submitted to the bank. All checks issued shall be recorded chronologically in the
Control Book of Checks Issued/Check Register115. Upon release of the check, the
payee shall be required to issue an Official Receipt for the payment received
and/or affix his signature and the date of receipt of the check on the Disbursement
Voucher and the Control Book of Checks Issued. The Disbursement Voucher and
the supporting documents shall be stamped "PAID" by the Local Treasurer
immediately after claim is paid to prevent their possible re-use.
1 13
The process flow on the disbursements by checks is in Annex 4 7and the process .flow on payroll disbursements
though banks is presented in Annex 52, both ofthis Manual.
114
AALCD, LTO Form 48
m CReg., LTO Form 45
121
3) Preparation of Report of Checks Issued. 116 - The checks issued including
cancelled or voided checks shall be recorded chronologically in the Report of
Checks Issued which shall be prepared for each fund weekly in three (3) copies by
the Local Treasurer. The original and duplicate copies of the Report of Checks
Issued together with the claimed vouchers/payrolls and other supporting
documents shall be submitted to the Accounting Department. Unclaimed vouchers
and all supporting documents shall remain with the Local Treasurer until paid and
duly noted as "Unclaimed" in the Report of Checks Issued.
4) Spoiled and Stale Checks. - Checks may be cancelled when they become
spoiled or stale. A check is considered spoiled when it is torn, mutilated, defaced,
or contains erasures/errors affecting the genuineness of material information. On
the other hand, a check is considered stale when it is outstanding for over six
months from date of issue, or as prescribed by the government authorized
depository bank. A spoiled or stale check shall be marked "CANCELLED" on its
face and reported, as follows:
a) For checks immediately cancelled and for which the Report of Checks
Issued has not yet been prepared, the cancelled check shall be attached to
the said Report of Checks Issued and reported chronologically with the
other checks issued and the word "Cancelled" shall be indicated on the
report.
b) For stale checks which have been unclaimed and thus, the original
Disbursement Voucher and supporting documents are still with the Local
Treasurer, the Disbursement Voucher shall also be marked "Cancelled."
The cancelled check shall be reported and attached to the Report of
Checks Issued prepared at the period of cancellation. The cancelled check
shall be presented in the Report of Checks Issued after the last check
issued for the period indicated in the report. The original Disbursement
Voucher and supporting documents shall be returned to the Accountant
who shall prepare a Journal of Entry Voucher to record the transaction as
Accounts Payable.
c) For checks which became spoiled or stale in the hands of the payee and
which require replacement, a new check may be issued after the stale
check has been submitted by the payee to the Local Treasurer, marked
"CANCELLED" and the authenticity of the claim established. A
certification from the Local Accountant that the check has been
outstanding as of date shall also be obtained. A certified copy of the
Disbursement Voucher shall be requested from the Auditor for
presentation to the Local Chief Executive or the Administrator who shall
countersign the check. The replacement check shall be reported
chronologically in the Report of Checks Issued and the words, "Issued in
replacement of Check No. dated which has become stale"
122
shall be indicated in the report. The cancelled stale check shall be reported
and attached to the Report of Checks Issued prepared at the period of
cancellation.
2) When it is lost due to fortuitous event such as fire, perils of travel, flood or
typhoon or other causes due to force majeure and after diligent search,
cannot be found or recovered.
3) When it is lost by theft or robbery. (Sec. 187 (a), Book ill, Vol. I, GAAM)
Upon submission of a sworn statement from the payee that a check issued by the
local government unit is lost, the Local Treasurer shall immediately notify the
bank concerned for the stoppage of payment. The Local Treasurer shall forward
the sworn statement to the Local Accountant who shall prepare the Journal of
Entry Voucher to cancel the payment made. A copy of the Journal of Entry
Voucher shall be furnished the Local Treasurer as basis for him to debit the
amount in the Cashbook - Cash in Bank.
II. Disbursements Through Cash Advances. - (a) Cash payments shall be made only on
duly approved Payrolls/Disbursement Vouchers/Liquidation Vouchers out of regular cash
advances or special cash advances (Sec.45, COA Circular No. 92-382).
1v. Petty operating expenses (Sec. 46, COA Circular No. 92-382)
consisting of small payments for maintenance and operating
expenses which cannot be paid conveniently by check or are
required to be paid immediatelty. (Sec. 173 (a) (4), Book Ill, Vol. I,
GAAM)
123
2) Special Cash Advances. - Special Cash Advances are those granted on the
explicit authority of the Local Chief Executive only to duly designated disbursing
officers or employees for other legally authorized purposes such as:
III. General Guidelines in the Grant and Utilization of Cash Advance. - (a) No cash
advance shall be granted to any local official or employee, elective or appointive, unless
made in accordance with the rules and regulations as the Commission on Audit may
prescribe. (Sec. 339, LGC)
(b) In the grant and utilization of cash advance, the following rules shall be observed:
1) Only permanently appointed officials and employees shall be granted cash advance
(Sec. 48 (a), COA Circular No. 92-382). Elective officials may be granted cash
advance only for their official traveling expenses. Local Chief Executives may be
granted cash advances for intelligence and confidential expenses
3) Only one (1) disbursing officer shall be assigned or designated for a specific legal
purpose. Additional disbursing officers may be assigned or designated for the same
purpose only when fully justified by the local chief executive. (Sec. 48 (c), COA
Circular No. 92-382)
4) Transfer of cash advance from one accountable officer to another shall not be
allowed. (Sec. 48 (d), COA Circular No. 92-382)
5) The cash advance shall be used solely for the specific legal purpose for which it was
granted (Sec. 89, P. D. No. 1445). Under no circumstance shall it be used for
encashment of checks or for liquidation of a previous cash advance. (Sec. 48 (e), COA
Circular No. 92-382)
6) The accountant shall obligate all cash advances granted. Cash advances for a
particular year shall not be used to pay expenses of other years. (Sec. 48 (!), COA
Circular No. 92-382)
124
7) The cash advance for petty operating expenses shall not be used for payment of
regular expenses, such as rentals, subscriptions, light and water and the like. (Sec. 48
(i), COA Circular No. 92-382)
8) Payments out of the cash advance shall be allowed only for amounts not exceeding
Fifteen Thousand Pesos (Pl 5,000.00) for each transaction, except when a higher
amount is allowed by law and/or specific authority by the Commission on Audit.
Splitting of transactions to avoid exceeding the ceiling shall not be allowed. (Sec. 48
0), COA Circular No. 92-382)
9) No additional cash advance shall be allowed to any official or employee unless the
previous cash advance given to him is first settled or a proper accounting thereof is
made. (Sec. 89, P. D. No. 1445)
10) When a cash advance is no longer needed or has not been used for a period of two (2)
months, it must be returned or deposited immediately with the collecting officer. (Sec.
48 (n), COA Circular No. 92-382)
11) All cash advances shall be fully reported on as soon as the purpose for which it was
given has been served.
IV. Specific Guidelines on the Grant of Cash Advance for Payroll, Petty Operating
Expenses, Field Operating Expenses and Travel.
a) The cash advance for payment of salaries shall be equal to the net amount of
the payroll for a pay period. (Sec. 48 (g), COA Circular No. 92-382)
a) The cash advance for petty operating expenses shall be sufficient for the
recurring expenses of the agency for one (1) month. The Accountable Officer
may request replenishment of the cash advance when the disbursements reach
at least seventy-five (75%), or as needed, by submitting a replenishment
125
voucher with all supporting documents duly summarized m a report of
disbursements. (Sec. 48 (h), COA Circular No. 92-382)
a) The special cash advance shall be used to pay the salaries and wages of the
employees and the miscellaneous operating expenses of the activity. Payment for
each transaction shall not be subject to amount limitation. However, all payments
shall be approved by the Head of Office.
b) The amount of the cash advance shall be limited to the requirements for two (2)
months. Within five (5) days after the end of each month, the Accountable Officer
shall submit a Report of Disbursements. Additional cash advance shall be granted
on the basis of the activity budget or the requirements for two (2) months,
whichever is lower.
4) Official Travel. - Both official local and foreign travels shall be treated and
accounted for as cash advances (2.1, COA Circular No. 96-004). No cash advance
shall be granted to any local official or employee unless a proper accounting of the
previous cash advance for travel given to him is first made or the same is first
liquidated and/or settled (2.2, COA Circular No. 96-004).C ash advances granted for
purposes of official travel, both local and foreign, shall not require bonding of the
traveling local official or employee (2.3, COA Circular No. 96-004). The grant of
,17COE
126
cash advance for both official local and foreign travels shall be guided by the
following:
1) The cash advance voucher for official local travel shall be supported
by the following:
1. Travel Order -
2) In cases where government vehicles are used in the travel, the officials
and employees concerned are not entitled to the transportation
expenses. (3.1.1. 7, COA Circular No. 96-004)
3) To ensure that government funds and property are used only for
official purposes, no reimbursement of the cost or gasoline and oil
shall be allowed when a private vehicle is used. However, the local
officials and employees concerned shall be entitled to the
reimbursement of the equivalent cost of the customary mode of
transportation. Under no circumstances should fuel be issued to
privately owned motor vehicles. (3.1.1.8, COA Circular No. 96-004)
11s Amending further Sec. 5 of E. 0. No. 248, dated May 29, 1995, as amended by E. 0. No. 248-A, dated August
14, 1995, which prescribes rules and regulations and new rates of allowances for official local and foreign travels
of government personnel.
127
4) The travel expenses of government personnel regardless of rank and
destination shall be in the amount of Eight Hundred Pesos (P800.00)
per day which shall be apportioned as follows:
l) The cash advance voucher for official foreign travel shall be supported by
the following:
iii. Where applicable, the authority from the office of the President
to claim Representation Expenses.
119 Same requirements on official local travel for local government officials and perso1111el.
i20 DSA
121 UNDP
128
1. Fifty percent (50%)- for hotel/lodging
When the country of destination is not listed in the said Index, the DSA
for the nearest country shall be adopted. (Sec. 12, E. 0. No. 248, as
amended by Sec. 8, E. 0. No. 298)
I) The cash advance shall be liquidated within the prescribed period, as follows:
a) Salaries, Wages, etc. - within five (5) days after each 15 day/end of the
month pay period.
c) Official Travel - within sixty (60) days after return to the Philippines in
the case of official travel abroad, or within thirty (30) days of his return to
his permanent official statior. in the case of official local travel, every
local official or employee shall render an account of or liquidate the cash
advance received by him (Sec. 16, E. 0. No. 248, as amended by sec. 14,
E. 0. No. 298), otherwise, payment of his salary shall be suspended until
he complies therewith 3.1.2. I and 3.2.2. I, COA Circular No. 96-004).
2) The Accountable Officer shall prepare the Report of Disbursements 122 in three (3)
copies and submit the same with duly accomplished vouchers/payrolls and
supporting documents to the Local Accountant. For payments based on receipts
and invoices only, he shall also prepare a Liquidation Voucher 123 which shall be
submitted with the report and supporting documents to the Local Accountant. He
shall ensure that receipt of the report is properly acknowledged by the Local
Accountant. The Accountable Officer shall be deemed to have complied with the
129
requirement of proper accounting for the cash advance upon the receipt by the
Local Accountant of the liquidation documents referred to above. (5.2, COA
Circular No. 97-002)
3) When a cash advance is no longer needed or has not been used for a period of two
(2) months, it must be returned to or refunded immediately to the Collecting
Officer, who shall issue the necessary official receipt. (5. 7, COA Circular No. 97-
002)
4) All cash advances shall be fully liquidated at the end of each year. Except for
petty cash fund, the Accountable Officer shall refund any unexpended balance to
the Cashier/Collecting Officer who will issue the necessary official receipt. (5. 8,
COA Circular No. 9 7 -002)
5) At the start of the ensuing year, a new cash advance may be granted, provided that
a list of expenses against the previous cash advance is submitted. However, when
no liquidation of the previous cash advance is received on or before January 20,
the Local Accountant shall cause the withholding of the Accountable Officer's
salary. (5.9, COA Circular No. 97-002)
6) The following reports and documents are required to support the liquidation:
1. Report of Disbursements;
130
v1. Such other supporting documents as are required by the
nature of the expense. (5.10.2, COA Circular No. 97-002)
b) Payments of rewards.
2) Cash advances for intelligence and/or confidential activities shall be sourced from
the annual appropriations for discretionary purposes.
124
Documents required to support the liquidation o.l cash advance for official travel. both foreign and focal, are
fisted under Annex 4 /, this Manual.
131
The annual appropriations for discretionary purposes of the local chief executive
shall not exceed two percent (2%) of the actual receipts derived from basic real
property tax in the next preceding calendar year. Discretionary funds shall be
disbursed only for public purposes to be supported by appropriate vouchers and
subject to such guidelines as may be prescribed by law. No amount shall be
appropriated for the same purpose except as authorized herein. (Sec. 325 (h),
LGC)
l) All cash advances shall be liquidated within one (1) month from the date the cash
advance is received.
2) Disbursements from cash advances for confidential and/or intelligence expenses shall
be accounted for on the certification to be issued by the Local Chief Executive. He
may also submit receipts and other evidences in support of the expenses incurred.
3) The Liquidation Voucher together with the supporting papers shall be submitted in a
sealed envelope, directly to the Chairman, Commission on Audit for transactions in
Metro Manila. For transactions outside Metro Manila, the Liquidation Voucher shall
be submitted to the Commission on Audit Regional Directors in their respective
jurisdiction.
4) The transmittal letter must be signed by the Local Chief Executive. He shall
enumerate therein the type or nature of the document being submitted.
6) If the Liquidation Voucher and supporting papers are in order, the Chairman of the
Commission on Audit or his authorized representative or the Regional Director, as the
case may be, shall issue a Credit Advice, addressed to the Local Chief Executive,
attention to the Chief Accountant through the Auditor of the Local Government Unit
concerned, on the basis of which credits to the cash advance account of the
accountable officer concerned shall be recorded in the books of accounts of the Local
Government Unit.
132
7) All Liquidation Voucher and supporting papers shall be retained by the Chairman or
the Regional Director of the Commission on Audit for safekeeping in his confidential
file. However, duplicate copies of all these records and documents must be retained
and filed by the Local Chief Executive or the Local Government Unit concerned.
(COA Circular No. 92-385)
VIII. Handling, Custody and Disposition of Cash Book for Cash Advances 126• - The
following guidelines for the handling, custody, and disposition of the cashbook shall be
observed:
l) A newly appointed or designated Accountable Officer shall start with a new cash
book. Before discharging his duties, the new Accountable Officer shall be briefed by
the Local Accountant and the Auditor on the proper recording of the transactions and
other matters related to his work.
2) The Accountable Officer shall maintain separate cashbooks for salaries, wages,
allowances, etc., and for petty operating expenses. He shall record daily the
transactions in the prescribed cashbook. He may record each invoice/receipt/voucher
individually or the total disbursements for the day, depending upon the volume of the
transactions.
3) The Accountable Officer shall reconcile the book balance with the cash on hand
daily. He shall foot and close the books at the end of each month. The Accountable
Officer and the Local Accountant shall reconcile their books of accounts at least
quarterly.
4) The cashbooks shall be kept at the Office of the Accountable Officer and placed
inside the safe or cabinet when not in use. It may be taken from his custody only by
the Auditor or an official duly authorized by the agency head who shall issue the
necessary receipt.
5) When the Accountable Officer ceases to be one, the cashbook shall be submitted to
the Local Accountant and shall form part of the accounting records. No clearance
shall be issued to an Accountable Officer if he fails to submit the cashbook as
required. (Sec. 181, Book Ill, Vol. I, GAAM)
IX. Disbursements out of Petty Cash Fund. 127 - Petty Cash Fund shall be maintained under
the Imprest System. The fund should be sufficient for the non-recurring, emergency and
petty expenses of the Local Government Unit for one ( 1) month. Disbursements from the
Petty Cash Fund shall be through the Petty Cash Vouchcr 128 which shall be signed by the
payee to acknowledge the amount received.
126
Form/or Cashbook.for Cash Advances. LTO Form 7
127
The process .flow for disbursement. liquidation and replenishment 011/ of' the Petty Cash Fund is shown in Annex
55 o,fthis Manual.
12s PCV, LTO Form 53
133
Petty Cash Fund shall be set up at the beginning of the year. An Obligation Request shall
be prepared for the fund, recorded in the registers and obligated as Other Expenses.
Payments out of the Petty Cash Fund shall be made through the use of Petty Cash
Voucher duly supported by official receipts and other required documents. Each Petty
Cash Voucher shall not exceed I! 1,000.00.
A Disbursement Voucher shall be prepared for the replenishment of the Petty Cash Fund
during the year, duly supported by the Petty Cash Replenishment Report 129 , the Petty
Cash Voucher and the supporting documents. An Obligation Request shall be prepared
for each replenishment and recorded in the register based on the actual expenses.
At the end of the year, all balances of the Petty Cash Fund shall be returned to the Local
Treasurer together with the liquidation thereof.
X. Disbursement Through Direct Payment. - The direct payment scheme may be adopted
by the Local Government Unit whereby contract account/delivery of equipment is paid
directly to the bank account of the contractor/supplier from the proceeds of loan or bond
flotation deposited in the servicing bank of the Local Government Unit. The prior
requirements for obligation of the transaction in accordance with this Manual shall be
followed. A Disbursement Voucher shall be prepared for direct payment supported by all
the required documents. The usual certifications by the requesting officer, the Local
Budget Officer and the Local Accountant, and the approval of the Local Chief Executive
on the Obligation Request and the Disbursement Voucher shall likewise be strictly
followed.
Under the Direct Payment System, the Local Treasurer shall prepare an Authority for
Direct Payment 130, which shall be signed by him/her and countersigned by the Local
Administrator. The Local Treasurer shall forward the original copy of the Authority for
Direct Payment to the depository bank of the Local Government Unit which will duly
acknowledge receipt thereof. The bank shall furnish the Local Government Unit the
Debit Memo/ Advice or a snapshot of bank transactions showing the direct payment made
to the supplier/contractor. The Local Treasurer shall then submit the acknowledged copy
of the Authority for Direct Payment, Bank Debit Memo/Advice or bank snapshot and
supporting documents to the Local Accountant for recording in the Journal Entry
Voucher.
A. Appropriations:
134
1) The Barangay Kagawad who is designated as Chairman of the Committee on
Appropriation shall be responsible in monitoring the approved appropriations and the
charges against the following funds:
a) General Fund
b) 20% Development Fund
c) Calamity Fund
d) Sanguniang Kabataan Fund
e) Gender and Development Fund
2) The Chairman of the Committee on Appropriations shall monitor the use of appropriated
funds through the Registry of Appropriations and Commitments which shall be
maintained by fund, class, i. e., Personal Services, Maintenance and Other Operating
Expenses, Financial Expenses and Capital Outlay, with breakdown as to account
classification. The Barangay Record Keeper 131 shall prepare the Registry of
Appropriations and Commitments may examine/check anytime, the balance of
appropriations and the recording in the registries.
B. Commitments: 132
I) Charges (deductions) against the appropriated funds shall be based on the commitments
made by the barangay as shown in the Disbursement Vouchers 133, Payrolls 134 for
personal services, Contracts or Purchase Orders 135, and Purchase Requests. 136
3) For all procurement including infrastructure projects, the Chairman of the Committee on
Appropriations shall certify the availability of funds by stamping "Funds Available" on
the face of the Purchase Request and affix his signature indicating the estimated required
amount on the available appropriation on the Purchase Request based on the
Sangguniang Bayan Resolution, authorizing the construction/procurement, and
4) Expenses for Personal Services, Maintenance and Other Operating Expenses and
Financial Expenses shall be charged against respective appropriations, while investments,
purchase of Property, Plant and Equipment and construction of Public Infrastructure and
Reforestation Projects shall be charged against appropriations for Capital Outlay.
131 BRK
132 "C
·
omnutment ,. sI10fibe used .synonymousIy w,t·11 "Obi'1gat1011
. ".
133 O V-Bnrnngny, LTO Far111 56
134 Pnyrall-Bnrnngny, LTO Fom1 57
13s PO-Bnrnngny, LTO Fam, 58
135
5) Certification of the Chairman of the Committee on Appropriations on the Purchase
Orders/Contracts, etc., on the "existence of available appropriations" means the
availability of appropriations to cover the commitment.
a) Land
b) Land Improvements
c) Buildings
d) Leasehold Improvements
e) Office Equipment
f) Furniture and Fixtures
g) Books
h) Motor Vehicles
i) Other Equipment
j) Public Infrastructures
k) Reforestation Projects
137 PS
138 MOOE
139 PPE
136
12) Financial Expenses
13) Interest Expenses
14) Bank Charges (cost of checkbooks)
15) Other Financial Charges
Section 85. Registry of Appropriations and Commitments. - (a) The following registries
shall be maintained by the Chairman of the Committee on Appropriations/Barangay Record
Keeper for the five (5) funds of the barangay by class and by object of expenditures:
(b) Postings in the appropriations columns of the Registry of Appropriations and Commitments
shal I be based on the General Appropriations Ordinance of the barangay.
(c) Posting of commitments in the Registry of Appropriations and Commitments shall be based
on the amount of commitments/charges as certified in the Disbursement Voucher, Payroll, and
Contract/Purchase Request.
(d) Commitments/Charges for Personnel Services, Maintenance and Other Operating Expenses,
Financial Expenses and Capital Outlay shall be recorded in their respective Registry of
Appropriations and Commitments for the General Fund.
(e) Commitments/Charges against the Calamity Fund, 20% Development Fund, Sangguniang
Kabataan Fund and Gender and Development Fund shall be recorded in their respective Registry
of Appropriations and Commitments with a detailed breakdown of expenditures.
(f) The balance of appropriations for Personal Services, Maintenance and Other Operating
Expenses, Financial Expenses and Calamity Fund shall be reverted/closed at the end of the year
and shall not be made available for commitments/charges after the calendar year, unless
otherwise authorized to be retained as continuing appropriations, and
(g) Balance of appropriations for Capital Outlay, 20% Develoment Fund and Sanggunian
Kabataan Fund, however, shall be valid until fully spent or until the project is completer. The
balance, if any, shall be forwarded to the Registry of Appropriations and Commitments of the
following year.
140 DTR
137
2) Minutes of Meeting of the Sangguniang Barangay duly signed by the members of
the Sangguniang Bayan and the Barangay Secretary;
3) Approved Application for Leave141 ; and
4) Approved Appointment, Oath of Office, Certificate of Assumption of Office and
Statement of Assets and Liabilities for newly hired employees 142
1) Purchase Request;
2) Purchase Order;
3) B.dd.
1 mg Documents; 143
4) Supplier's Invoice;
5) Delivery Receipt or the Receipt portion of the Supplier's Invoice duly signed; and
6) Inspection and Acceptance Report.
138
1) By Contract:
a) Bidding Documents;
b) Plans and Specifications;
c) Notice of Bidding;
d) Contract;
e) Notice to Proceed;
f) Billings of Contractors;
g) Inspection and Acceptance Report;
h) Duly verified Contractor's Project Accomplishment/Completion Report; and
i) Program of Work:
2) By Administration:
1) All disbursements shall be covered with duly processed and approved Disbursement
Vouchers/Payrolls.
3) The Barangay Treasurer shall be responsible for paying claims against the barangay.
5) All claims shall be approved by the Punong Barangay and certified as to the validity,
propriety and legality of the claim. In case of claim chargeable against Sangguniang
139
Kabataan Fund, the Chairman of the Sangguniang Kabataan145 shall initial under the
name of the Punong Barangay.
6) Payments shall be drawn against the depository account maintained with depository bank
by the barangay.
7) The check shall be issued in the name of the payee as indicated in the Disbursement
Voucher/Payroll.
8) The check shall be signed by the Barangay Treasurer and countersigned by Punong
Barangay.
10) In case checks are waylaid, lost through theft or force majeure, etc., the Barangay
Treasurer shall immediately notify and issue a "Stoppage of Payment" notice to the bank.
11) Stale check shal I be replaced only when the original is submitted to the Barangay
Treasurer for replacement
8. Recording:
l) All checks issued including cancelled ones shall be recorded by the Barangay Treasurer
in correct numerical sequence in the Summary of Checks Issued.· 146
3) All the checks issued shall be recorded daily by the Barangay Treasurer in the Summary
of Checks issued.
4) The Summary of Checks Issued shall be sub-totaled and recorded in the Cash on Hand
and in Bank Registers daily.
5) The Summary of Checks Issued shall be submitted to the Barangay Record Keeper for
recording in the Check Disbursement Register weekly.
C. Reporting:
I) The Barangay Record Keeper shall record check disbursement based on the certified
Summary of Checks Issued in the Check Disbursement Register 147 weekly.
145 SK
146 SCkI-Barangay, LTO Form 60
141 CDR-Barangay, LTO Form 61
140
2) At the end of the month, the Check Disbursement Register shall be totaled, balanced,
ruled recapitulated and certified; and
3) The Barangay Record Keeper shall submit the Check Disbursement Register together
with the Summary of Check Issued to the CittMunicipal Accountant for recording of the
checks issued in the books on or before the 5 1 day of the following month.
l ) The Barangay Treasurer certifies and approves the Disbursement Voucher or Payroll as
to validity, propriety, and legality of the claim involved;
(b) A copy of the duly certified and approved barangay Disbursement Voucher shall be
furnished the City/Municipal Accountant who shall prepare a city/municipal Disbursement
Voucher in the name of the Barangay Treasurer for the withdrawal of the amount.
(c) The city/municipal Disbursement Voucher for the withdrawal of barangay funds shall be
certified and approved in accordance with existing regulations. A check shall then be drawn by
the City/M�nicipal Treasurer and countersigned by the proper city/municipal official. The check
shall be in the name of the payee as appearing in the barangay Disbursement Voucher.
(d) The Barangay Treasurer shall acknowledge the receipt of the check by signing the receipt
portion of the city/municipal Disbursement Voucher. He shall deliver the check to the payee who
shall acknowledge the receipt of the payment by signing the receipt portion of the barangay
Disbursement Voucher and/or issuing the official receipt therefor. The Bar,mgay Treasurer shall
record the transaction in his cash book as a credit to the Cash in City/Municipal Treasury
columns, and transmit to the City/Municipal Accountant, under proper acknowledgement, the
copies of the paid barangay Disbursement Voucher and its supporting papers for recording in the
barangay books.
141
Disbursement Voucher for the withdrawal of
deposit.
Quadruplicate - To the Barangay Treasurer.
Section 89. Barangay Disbursement Out of Cash Advance for Payroll Charged Against
Barangay Funds Maintained with Depository Bank.
l) Cash payments shall be made out of the cash advance given to the Barangay
Treasurer/Accountable Officer.
2) The cash advance shall be used solely for payment of salaries, honoraria and other
allowances due the barangay officials and employees.
3) The cash advance shall not be used for the encashment of checks or for liquidation of
previous cash advance.
4) The cash advance shall be equal to the net amount of the payroll corresponding to the pay
period.
5) The cash advance shall be liquidated within five (5) days after the end of the pay period.
Any unclaimed honoraria/salaries/allowances shall be refunded to close the account.
8) Succeeding cash advance shall be granted only after full liquidation of the previous cash
advance.
8. Recording:
l) Cash advance for payroll shall be recorded by the Barangay Record Keeper in the Cash
Disbursement Registers based on the Summary of Check Issued submitted by the
Barangay Treasurer;
s The narrative flow ofproceduresfor barangay disbursements by check is shown in LTO Annex 62 of this
14
Manual.
142
2) All payments out of cash advances for payroll shall be recorded by the Barangay
Treasurer/ Accountable Officer in the Summary of Cash Payments 149 based on the paid
Disbursement Vouchers/Payrolls;
3) Submission of the Summary of Cash Payments to the Barangay Record Keeper shall be
supported with original paid Disbursement Vouchers/Payrolls;
4) Liquidation of cash advances shall be supported by Summary of Cash Payments and paid
Disbursement Vouchers/Payrolls; and
5) The Barangay Record Keeper shall be responsible in recording transactions in the Cash
Disbursement Registers.
C. Reporting:
1) The Barangay Record Keeper shall record the cash disbursement based on the certified
Summary of Cash Payments in the Cash Disbursement Register.' so
2) At the end of the month, the Cash Disbursement Register shall be totaled, balanced, ruled
recapitulated and certified, and
3) The Barangay Record Keeper shall submit the certified Cash Disbursement Registers to
the City/Municipal Accountant for recording of the payments made in the books and
postings of the transactions to the Subsidiary Ledger maintained for the Barangay
Treasurer/ Accountable Officer on or before the 5 th day of the following month.
Section 90. Barangay Disbursements Out of Cash Advance from Payroll Charged
Against Barangay Funds Deposited with the City/Municipal Treasury. 151 -
a) The City/Municipal Accountant shall prepare a Disbursement Voucher in the name of the
Barangay Treasurer for the withdrawal of the amount of the payroll based on duly certified
and approved payrolls. At the same time, he shall prepare the corresponding Debit Advice,
Barangay Form No. 1.
b) The Disbursement Voucher for the withdrawal of barangay funds shall be certified and
approved in accordance with existing regulations. A check in the name of the Barangay
Treasurer for the amount of the withdrawal shall then be drawn by the City/Municipal
Treasurer and countersigned by the proper city/municipal official.
143
c) The Barangay Treasurer shall acknowledge the receipt of the check by signing the receipt
portion of the city/municipal Disbursement Voucher, and shall record the transaction in the
Barangay Cash Book as a debit in the Cash Advances columns.
d) When the payments on the payrolls have been made, the Barangay Treasurer shall record in
the Barangay Cash Book the total amount paid as a credit in the Cash Advances columns,
and transmit to the City/Municipal Accountant under proper acknowledgment, the paid
payrolls and their supporting papers, for recording in the barangay books.
e) The unexpended cash from the cash advance shall be re-deposited with the City/Municipal
Treasurer following the same procedures as in the full liquidation of the petty cash fund for
barangay funds deposited with the city/municipal treasury.
Section 91. Disbursement Out of Cash Advance for Travel and Special Purpose/Time-
Bound Undertaking. 152
I) For local/foreign travel, liquidation shall be done within a period of thirty/sixty ((30/60)
days upon return to the personnel's workstation.
3) Excess cash advance shall be refunded and an official receipt shall be issued by the
Barangay Treasurer.
4) The Liquidation Report 153 with appropriate supporting documents shall be submitted to
the Barangay Record Keeper, who in turn shall submit it to the City/Municipal
Accountant for recording in the books on or before the 5th day of the following month.
B. Recording:
152
The narrative.flow ofprocedurefor barangay disbursements out of cash advance.for travel is shown in Annex 66
of this Manual.
153 LR-Barangay, LTO Form 65
144
1) Liquidation of cash advances shall be supported by Liquidation Report and pertinent
documents, and
Section 92. Barangay Disbursement Out of the Petty Cash Fund. 154
1) The Petty Cash Fund shall be maintained using the Imprest System. The balance of the
Petty Cash Fund shall not be closed at the end of the year.
2) The fund shall be kept separately from the regular collections and advances granted for a
particular purpose and shall not be used for payment of regular expenses.
3) The amount of the Petty Cash Fund shall be determined by the Sangguniang Bayan, but
the petty cash that the Barangay Treasurer may be authorized to hold shall not exceed
twenty percent (20%) of the funds available and to the credit of the barangay treasury.
(Sec. 334 (b), LGC)
4) All disbursements out of Petty Cash Fund shall be covered by duly accomplished and
approved Petty Cash Vouchers 155 supported by cash invoice, official receipts or other
evidence of disbursements required under applicable accounting and auditing rules and
regulations.
5) All paid Petty Cash Vouchers shall be reported in the Summary of Paid Petty Cash
Vouchers to be certified by the Petty Cash Fund Custodian.
6) The Petty Cash Fund shall be replenished as soon as disbursements reach seventy five
percent (75%) of as needed.
8) In case the Petty Cash Fund Custodian resigns or ceases as custodian of the fund, full
accounting/liquidation thereof shall be made. Any remaining cash shall be refunded to
close the account.
9) In no case shall the remammg cash of the former Petty Cash Fund Custodian be
transferred to the incoming Petty Cash Fund Custodian. For a complete accounting, the
154
The narrative .flow of procedures on the establishment. payment, replenishment and liquidation of Barangay
petty cashfund is shown in l TO Annex 70 of the Manual.
155 PCV-Barm1gay, LTO Form 67
145
account of the former Petty Cash Fund Custodian shall be closed and a new account shall
be opened for the incoming Petty Cash Fund Custodian.
B. Recording:
1) Petty Cash Vouchers shall be recorded in the Summary of Paid Petty Cash Vouchers 156
which shall be prepared by the Petty Cash Fund Custodian to report all payments made
out of the Petty Cash Fund.
2) Replenishment of the Petty Cash Fund shall be supported with the Summary of Paid Petty
Cash Vouchers and all the paid Petty Cash Vouchers supporting the entries in the
Summary of Paid Petty Cash Vouchers.
3) The submission of the Summary of Paid Petty Cash Vouchers to the Barangay Record
Keeper shall be supported with original paid Petty Cash Vouchers and their supporting
documents.
4) The establishment and replenishment of the Petty Cash Fund shall be recorded in the
Petty Cash Fund Register.
5) The Petty Cash fund Register which shall serve as the petty cash book shall be
maintained by the Barangay Treasurer/Petty Cash Fund Custodian.
6) Recording of payments in the Petty Cash Fund Register shall be based from the Summary
of Paid Petty Cash Vouchers and shall be submitted to the Barangay Record Keeper for
submission to the City/Municipal Accountant for recording in the books.
C. Reporting:
1) The Petty Cash Fund Custodian shall record the disbursements out of Petty Cash Fund
based on the certified Summary of Paid Petty Cash Vouchers in the Petty Cash Fund
Register. 157
2) At the end of the month, the Petty Cash Fund Register shall be totaled, balanced, ruled,
recapitulated, certified and submitted to the Barangay Record Keeper.
3) The Barangay Record Keeper shall submit the certified Petty Cash Fund Registers to the
City/Municipal Accountant to serve as basis in posting the transaction to the subsidiary
ledger of the Petty Cash Fund Custodian on or before the 5th day of the following month.
4) The Barangay Record Keeper shall submit the certified Summary of Paid Petty Cash
Vouchers for the unreplenished paid Petty Cash Vouchers to the City/Municipal
Accountant on or before the 5 th day of January of the following year to take up expenses
which remain unrecorded in the books.
146
Chapter 5. SANGGUN/ANG KABATAANBVDGET
Section 93. General guidelines in the preparation of the Sangguniang Kabataan 158
Budget. - (a) Ten percent (10%) of the General Fund of the barangay shall be set aside for the
Sanggunian Kabataan.
(b) The proceeds of fund-raising activities shall be tax-exempt and shall accrue to the General
Fund of the Sanggunian Kabataan: Provided, however, That in the appropriation thereof, the
specific purpose for which such activity has been held shall first be satisfied. (Sec. 426 (c), LGC)
(c) The annual budget of the Sanggunian Kabataan shall consist of two (2) parts - the income
portion and the expenditure portion:
1) Income Portion. - The income portion consists of the beginning balances which are
the unappropriated and/or unexpended amounts of the revenues and receipts of prior
calendar years carried forward to the budget year, and estimates of income certified
collectible by the City/Municipal Treasurer.
(d) Sanggunian Kabataan budgeting is the same as that of the other LGUs. The major phases
are:
I) Budget Preparation;
2) Budget Authorization;
3) Budget Review;
1ss SK
147
LOCAL TREASURY OPERATIONS
MANUAL
BOOK FOUR
148
l.
Chapter 1. FUND MANAGEMENT PRACTICES
In line with the increased fiscal responsibility of Local Treasurers and pursuant to good
governance of local funds, it is incumbent upon the Local Treasurers and other fiscal officers to
embrace and apply effective fund management practices benchmarked from the private sector in
the daily operations of local government units.
Governance in the local context is how decisions are made and implemented at the local level
and by whom. 159 Good governance is viewed as the exercise of economic, political and
administrative authority to manage a country's/local government's affairs at all levels. lt
comprises mechanisms, processes, and institutions through which citizens and groups articulate
their interests, exercise their legal rights, meet their obligations, and mediate their differences. 160
Good governance is about efficiency in the management of public funds, demanding high
standards of integrity, transparency and accountability. 161 Thus, Local Treasurers need to
continuously update their knowledge and skills on their specific area of good governance, which
is fund or cash management.
Section 95. Cash Management and Programming and Cash Programming Tools. -
A. Cash Management and Programming. - Local Treasurers must be able to manage the cash
such that it is available when it is needed for payment of obligations and at the same time
optimize its utilization, ensure that released allotments are adequately covered by available
cash and/or future collections, and provide information to facilitate the control of
expenditures. An effective cash management may be achieved through the following:
B. Cash Programming Tools. 162 -Cash Programming Tools that may aid the Local Treasurer
in cash management and programming are the Cash Flow Forecast and the Cash Flow
Analysis.
Section 96. Cash Flow Forecast. 163 - (a) The Local Treasurer uses the Cash Flow Forecast as
a tool in estimating projected cash flows based on certain assumptions. The Cash Flow Forecast
149
is a monthly schedule of anticipated receipts and disbursements of the local government unit for
the fiscal year showing the beginning and ending cash balances of each month. The forecast is
prepared at the beginning of the year and revised periodically depending upon the need of the
local government unit and when circumstances require its revision. The Cash Flow Forecast
enables the Local Chief Executive and the Local Treasurer to plan for an effective management
and utilization of cash of the local government unit. (p. 91, UBOMfor LGUs)
(b) The Cash Flow Forecast shows the estimated cash inflows and cash outflows of the local
government unit classified according to three (3) activities: operating activities, financing
activities and investing activities.
I) Cash Flow from Operating Activities - pertains to the receipts from, and
disbursements of cash out of, the regular and primary operations of the local
government unit such as from collection of taxes, share from IRA, payment to
creditors and employees, etc. This also includes payment of interest on bank loans
and other loan-related charges.
2) Cash Flow from Financing Activities - includes receipt of cash from bank loans,
proceeds from the flotation of bonds and receipts from other types of borrowings.
This also includes payment of principal on loans and other borrowings.
3) Cash Flow from Investing Activities - pertains to receipts from the sale, acquisition
or purchase of long term investments such as real estate, machinery and other Plant,
Property and Equipment.
l) Cash Receipts Forecast 164 - This is a schedule of all income collections and other
receipts to be prepared by all collecting units of the. All receipts shall also be
classified into operating, financing and investing activities.
(d) The preparation of the Cash Flow Forecast involves the following activities:
11. Monthly estimate of other revenues based on past collection performances of the
LGU and taking into account the irregularity and seasonality of the collection of
non-tax revenues;
150
111. Listing of all accounts payable and outstanding obligations to determine when
they will become due and demandable, that is, upon completion or rendition of
services and delivery of goods. These accounts should be grouped according to
the month when they will become eligible for payment;
1v. Listing of all regular and recurring expenses such as payroll, rental or lease,
security and janitorial services, utilities, communication, etc.;
v. Estimates and monthly schedule of variable expenses such as travel, supplies and
materials, service contracts, etc.; and
v1. Monthly estimates of payments for interest and principal on loans and
borrowings, capital outlay and other material expenses. (pp. 91-92, UBOM for
LG Us)
Section 97. Cash Flow Analysis. 166 - (a) The Cash Flow Analysis is a cash flow monitoring
tool used to guide the Local Chief Executive, the Local Treasurer, and the Local Budget Officer
to control the releases of allotment depending on the collection/expenditure performance during
the period. It provides information on the cash overage/surplus or cash shortage/deficit on a
monthly or periodic basis, so that, timely decisions can be made for wise and prudent cash
utilization.
(b) The preparation of the Cash Flow Analysis requires the following information:
11. Actual cash receipts and disbursements from the beginning of the year to the end
of the reporting month (Year-to-Date Actual). This will become next month's
beginning balance;
111. Year to date forecast or estimates which is the cumulative total of the projected
cash flow from the beginning of the year to the month under analysis, as indicated
in the Cash Flow Forecast;
151
Anc/d are the amounts not yet collected/disbursed but projected
for previous/this month and deemed to be still collectible or
payable; and
v. Annual Original Forecast which is the annual total amount in the Cash Flow
Forecast; and
v1. Variance between the Adjusted Estimated Annual Amount and the Annual
Original Forecast. The actual and adjusted figures are subtracted from the Annual
Original Forecast figure. (pp. 92-93, UBOMfor LGUs)
Section 98. Information Provided by the Cash Flow Forecast and Cash Flow Analysis. -
The analysis of the Cash Flow provides the following information to the Local Chief Executive,
the Sanggunian, the Local Finance Committee and other fiscal officers of the local government
unit, so that, important fiscal decisions and policies could be promptly introduced and
implemented:
a) Excess in the Collection of Taxes and Other Revenues. - This is generally good,
but a regular and very substantial excess in the collection may mean an
underestimated original cash collection forecast. This is particularly applicable if the
to-date variance is also reflected in the annual variance. In this case, a re-evaluation
of the annual forecast may be required. If there is substantial net annual excess in the
receipts for whatever reason, the Local Chief Executive may decide to increase the
annual budget for the succeeding year.
b) Under-Collection of Taxes and Other Revenues. - This may mean more efforts
should be exerted in the collection of such taxes or generation of such revenues. A
consistently big shortfall in collection should cause alarm to the Local Chief
Executive and other local officials on possible problems in collection efforts or in
resource mobilization operations. In this instance, estimates should be adjusted to a
more realistic level. The shortfall in collection should be considered in deciding any
subsequent releases of allotment.
c) Excess in the Disbursements. - This means unplanned expenditures are being paid.
Consistent material disbursement excess should warn the Local Chief Executive on
the possibility of imposing additional reserves, and suspension or postponement of
planned activities.
d) Under-Disbursement. - This may mean savings if the annual variance resulted from
the non-incurrence of certain regular expenses or project expenses costing less than
the estimated amounts. Under-disbursement may also result from postponement of
payments to contractors or for obligations that are not yet legally due.
152
Long-outstanding obligations should be investigated and proper action should be
undertaken to settle them if there are valid claimants, or to revert them to surplus if
there are no more valid claimants after the lapse of two (2) years. Long-outstanding
obligations should also warn local officials of indiscriminate commitment or
obligation of funds even without valid claimants or contracts. Sources of savings
should be evaluated and determined as early as possible, so that, funds can be used or
appropriated for some other purpose.
e) Large Amount of Idle Cash that may be Invested. - Idle cash is indicated by the
monthly ending cash balances. If the amount is more than next month's estimated
disbursements, the excess is expected to be idle for at least the succeeding month and
may be invested in short-term investments. The most common investment of idle
funds is the time deposit placement with LGU depository banks. Depending upon the
length of time that the LGU funds are expected to be idle, that is, if funds are not
expected to be disbursed in the short term, such funds should be invested in a risk
free investment with a higher interest yield. To obtain maximum benefits, the Local
Treasurer should select the government depository bank with the best interest
offering. (pp. 93-94, UBOM/or LGUs)
Section 99. Daily Cash Flow. - The Local Treasurer may also prepare a Daily Cash Flow
Statement to show the highs and lows in cash inflows and cash outflows on a daily basis. The
daily cash flows are managed to avoid embarrassment arising from the inability to meet
immediate cash requirements of the local government unit, to pay suppliers on due dates, and to
profitably make use of temporary idle cash balances. The Daily Cash Flow Statement may be
prepared in addition to the monthly Cash Flow Forecast and the Cash Flow Analysis.
Section 100. Number of Days' Usage in Cash. - (a) A local government unit may adopt a
policy of maintaining its cash at a level equal to a certain number of days' requirement. This
may be done by computing the average cash requirement per day and the number of days' usage
in cash. The following formulas are used in the computations:
Cash Balances
The resulting Number of Days' Usage in Cash will show how many days the current cash
balances of the local government unit will be able to cover current operational requirements.
(b) Capital Investment and Expenditure Assessment. - With the expanded role of the Local
Treasurer as the financial adviser to the Local Chief Executive in the sourcing and management
of LGU funds and the increasing opportunity for LGUs to embark on long-term income
generating capital projects, it is becoming more imperative that the Local Treasurer should have
153
basic working knowledge of the different tools used in the evaluation and assessment of capital
investment activities. This is so because capital projects involve the commitment of a large
amount of LOU resources and funds and increase the financial risk in their operation, so much so
that whatever decisions made in the present would have future material repercussions to the
LGU.
Section 101. The Administrative Process for Capital Expenditures. - This involves
searching for capital investment opportunities, submission of project proposals to prospective
funders/underwriters, evaluation of various proposals, control of capital expenditures and
follow-up of results. To be assured that capital investment proposals would be consistent with
the LOU long-term plans and programs and to avoid waste of time, effort and resources, criteria
for the project proposals must be established. The criteria may include the objective, relevance,
suitability to the LOU, and most importantly, profitability or income-generation potential of the
proposed project. To guide the Local Treasurer in the evaluation and analysis of the different
project proposals, the methods discussed in the succeeding sections may be employed.
Section 102. Payback Period. - The Payback Period refers to the length of time or number of
years it will take to recover the initial outlay for a project. The formula for this is as follows:
The Annual Cash Inflow from Operations is the amount of cash a project is expected to generate
annually. It is equal to the cash inflows from projected sales and or service fees minus the
estimated cash outflows for operational expenses. The payback period will determine the number
of years of recovering the cost of the project within the economic life of the asset. The economic
life of an asset is its estimated useful I ife or that length of period during which economic benefits
can be derived therefrom. It is usually shorter than the physical life of the asset.
1) Payback Period is Shorter than the Economic Life of the Asset. - If the payback period is
shorter than the economic life of the asset, the LOU is expected to realize profit or
investment return between the payback period and the economic life.
2) Payback Period is Equal to the Economic Life of the Asset. - If the economic life is just
equal to the payback period, the investment would not be bringing in any income and may
even be considered a losing proposition since the time value of money is disregarded.
3) Annual Cash Inflow is Uneven. - If the annual cash inflows are uneven, the payback period
is computed by adding the annual cash inflows from year to year until the accumulated
amount becomes equal to the investment cost. If the asset has a scrap value, the payback
period may be computed by dividing the investment (less scrap value) by the annual cash
inflow from operations.
Section 103. Discounted Cash Flow (Present Value of Cash Returns). - The Discounted
Cash Flow Method in the evaluation of capital investment proposals consider the time value of
money.
154
Time value of money refers to the expected increase in its peso value considering the prevailing
interest rates, the passage of time, and opportunity cost of capital and similar factors.
In the evaluation of capital projects, it is important to compare the present value of future cash
inflows with the present value of the investment cost. The expected cash inflows of a capital
project represent future values since they are to be realized yet in the future. On the other hand,
the capital investment is an outlay generally made at the inception of the project, hence, it is a
present value. In order to assess the viability and profitability of an investment or capital project,
the present value of the expected cash inflow must therefore be determined before they are
compared with the present value of investment.
To illustrate, a peso invested today must be considered greater than P 1.00 after one (1) year. An
investment of P 600.00 today would be greater than P 700.00 to be collected after one (I) year if
the cost of money is twenty-five percent (25%) per annum. This is because the P 600.00 of today
must amount to P 750.00 after one (1) year (P 600.00 x 125%). In other words, P 1.00 of today
must be P l .25 after one (1) year. Thus, the ratio of the present value based on the future value is
1:l.25 or .8 (or 8%). In the reverse, P 80.00 of today must be worth P 100.00 a year after. The
present value of P 700.00 to be collected next year must be P 560.00 (P 700.00/125% or
P 700.00 x .8).
Present Value of an Annuity of 1. - This refers to the total of all the present values of 1 to be
received (or paid) at regular intervals in the future. Thus, the Present Value of an Annuity of 1
for three (3) years discounted at twenty-five percent (25%) is equal to the total of the present
values of 1 due after one (1) year, after two (2) years, and after three (3) years. 168
Illustration: The present value of an annuity of P 700.00 for three (3) years
discounted at twenty-five percent (25%) will be computed by
using the factor under Year 3 and under twenty-five percent
(25%) as shown in the Annuity Table, as follows:
Present Value of Uneven Cash Returns. - If the annual cash returns are uneven, their present
values are computed by multiplying each annual net cash inflow by the factor for the
corresponding year and adding the products.
Illustration: Assume that the net cash inflows are as follows and the cost of
money is twenty-five percent (25%):
168
The factor to be used in the computation isfound in the Annuity Table, LTO Annex 85 of this Manual.
155
1st Year P 2,000.00
2nd Year P 3,000.00
3rd Year P 3,000.00
Solution: The net cash inflow of each year is multiplied by the present
value of 1 discounted at twenty-five percent (25%) for one (1)
year, two (2) years, and three (3) years, as the case may be, using
the Annuity Table as follows:
Discounted Rate of Return. - The Discounted Rate of Return is the rate at which an investment
is earning. It is the rate which equates the present value of cash returns with the present value of
the initial investment. In other words, if the cash returns were discounted at this rate, their
present value would be equal to the present value of the investment.
2) With the payback period as the factor, locate the same in the present value of the
Annuity Table taking into account the economic life of the investment.
156
Step 2: Locate 1.952 in the present value of the Annuity
Table on line "3 years", the economic life of the
asset. This is found in column "25%". The
Discounted Rate of Return or the rate at which
the investment is earning is twenty-five percent
(25%).
Net Present Value. - This represents the excess of the present value of annual cash returns
( discounted at the lowest acceptable rate) over the present value of the initial capital investment.
This method is based on the fact that with identical cash flows from two alternatives, the project
that is expected to earn a higher rate of return must require a smaller amount of investment. In
other words, a project which requires a smaller amount of capital must be earning at a higher rate
if it will bring in the same amount of cash returns for the same number of years.
Present Value (Desirability or Profitability) Index. - The Present Value Index is the ratio of
the Present Value of Annual Cash Returns discounted at the lowest acceptable rate to the Present
Value of the Initial Investment Cost. It may also be defined as the ratio of the required
investment under the rate required by management to the investment requirement for the project
under evaluation. Thus, the higher is the present value index, the higher must be the rate of
return on the project under review.
169 Factor based on the Annuity Tnble under" 3 yenrs" column and under "20%" column.
157
Illustration: Using the illustration under Net Present Value above, the Present
Value Index is computed as follows:
This means that under this method, the Present Value Index must
be at least 100% for the proposed project to deserve an approval
based on the rate ofreturn requirement. 170
Section 104. Purpose and Need for Debt. - The LGU normally should rely on internally
generated funds or grants to finance its capital needs. However, with the enactment of R. A. No.
7160 or the Local Government Code of 1991, more and more LGUs are financing acquisition or
construction of projects and capital assets through the incurrence of loans from government
banks or issuance and sale of bonds. The Local Treasurer should be able to advise the Local
Chief Executive on the propriety of financing capital projects through bank loans or issuance of
debt instruments such as bonds. The LGU should consider long-term financing for the
acquisition, maintenance and replacement or expansion of physical assets (including land) only
if these assets have a useful life of at least five (5) years or if the economic enterprise would be
expected to generate revenue in the near term. Long-term loans should never be used to fund
regular operating expenses.
Section 105. Funding Competing Capital Projects. - It is equally important for the Local
Treasurers to know which capital project to choose from several alternative projects in order to
maximize the utilization of loan proceeds. In the selection of projects to be funded, a balance
will be established between the projects' abilities to meet the priorities of the LOU and the
financial requirements of the projects. For each project, the viability and approvability of the
project and its funding from long-term debt should be assessed based on the following factors:
1) Nature of the Project and Uses of Funds. - For each project for which the loan is
proposed, the nature of the project, as well as the intended use of the loan proceeds
should be fully described.
2) Cost-Benefit Analysis of the Project. - The benefits of the proposed project should be
defined and, when appropriate, quantified in monetary terms. The sources and uses of
funds should be identified and estimated. Where revenues are part of the benefits, all
17
° Full discussion on the d(fferent i11formation required to be prepared by LG Us in order for them to be able to
borrow fimds, such as preparation of project proposal, financial analysis, and other relevant project data, is
contained in a separate manual entitled, "Borrower Assessment and Project Evaluation Manual".
158
assumptions made in deriving the revenues should be documented. The validity of the
assumptions and the risk associated with the revenue flows will be assessed. The costs
of the project will be estimated, with the basis of estimates documented and the risk
associated with the estimates assessed. If regular funds are proposed to be utilized, the
impact upon the LGU budgets will be assessed.
3) Expenditure Plan and Sources of Debt Servicing. - A detailed plan for the funds
expenditure and debt repayment should be developed for each project. The plan should
demonstrate the timely matching of funds availability with project expenditures and that
debt service should commence with the flow of revenues needed to pay the interest and
principal on the debt. The basis of the estimates for the project cost expenditure plan and
the basis of revenue cash flow estimates should be documented and the risk associated
with those revenue flows should be analyzed.
Section 106. Debt Management Policies. - Since the Local Treasurer is the custodian of all
funds of the LGU including funds sourced from loans and other types of indebtedness, it is
equally important that he should be involved in the overall debt management strategy of the
LGU.
The LGU should adopt and maintain effective debt management policies that recognize the
capital improvement needs of the LGU, as well as the taxpayers' ability to pay while taking into
account existing legal, economic, financial and debt market considerations. The following factors
relevant to the issuance of debt should be considered:
2) The urgency of the capital requirements to be met and the economic costs of delay;
3) Willingness and financial ability of the taxpayers to pay for the capital improvements;
7) The types, availability and stability of the revenues to be pledged for the repayment
of the debt; and
The LGU may adopt a combination of the following debt management policies depending upon
its needs and situation:
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1) Capital projects related to economic enterprise operations should be financed solely
by debt to be repaid from user fees and revenues generated from the respective
economic enterprise operations.
3) Cash surpluses, to the extent available and not restricted, should be used to finance
scheduled capital projects.
4) The LGU shall resort to long-term debt only for purposes of constructing or acquiring
capital assets such as market, Plant, Property and Equipment, and for making major
renovations to existing capital projects.
5) All capital projects financed through loans and debt instruments should be financed
for a period not to exceed the useful or economic life of the project.
6) The LGU shall not construct or acquire a public facility if it is unable to adequately
provide for the subsequent annual operation and maintenance costs of the facility.
7) The LGU shall, at all times, manage its debt and sustain its financial position in order
to maximize its debt capacity, and seek and maintain a high credit rating.
8) The LGU should consider coordinating with other local government entities to the
fullest extent possible, so as to minimize the overlapping debt burden to citizens.
9) The LGU shall ensure that an adequate system of internal control exists so as to
provide reasonable assurance as to compliance with appropriate laws, rules,
regulations and covenants associated with its outstanding debts.
10) Revenue sources will only be earmarked for debt service when legally available and
when there are sufficient revenue sources to fund the LGU's regular operational
needs.
11) The LGU shall avail of soft loans with concessional rates of interest and long
repayment terms. In case the LGU issues bonds and other debt instrumentalities, it
shall market its debt through the use of competitive bidding whenever deemed
feasible, cost effective and advantageous to do so.
12) The LGU shall continually monitor its outstanding debt in relation to existing
conditions in the debt market, and shall refinance/restructure its debt when it is more
cost effective and advantageous to do so. The LGU may also consider the pre
termination or early repayment of its debt when sufficient cost savmg_s can be
realized.
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In case the LGU issues bonds to finance its capital projects, it should stabilize its debt service
payments through the use of appropriate stabilization arrangements such as the maintenance of a
Sinking Fund or the establishment of Fund Reserves.
Section 107. LGU Financing Modalities Manual and Debt Management Manual. - To
enable LGUs to have a publication-ready and web-based manual that will cover the description
of the financing sources and a financing formulation guide for LGUs in analyzing alternative
funding sources vis-a-vis their funding requirements, and selecting the appropriate funding
source or sources, the LGU Financing Modalities Manual is separately issued for use by the
LGUs. Corollary to the LGU Financing Modalities Manual is the Debt Management Manual that
will serve as a guidebook for the sound management of LGU debts.
Section 108. Definition of Terms. - The following terms shall be understood in the sense as
hereunder defined, unless the context otherwise indicates:
a) Accountability - refers to the answerability of every public officer whose duties permit
or require the possession or custody of government funds or property and who shall be
accountable therefor and for the safekeeping thereof in conformity with law.
b) Accountable Officer - the officer of any government agency whose duties permit or
require the possession or custody of government funds or property, (such as the Local
Treasurer, Collecting Officer, Disbursing Officer, Cashier, Paymaster, and Property
Officer) who is required by law to render account to the Commission on Audit.
e) Fixed Assets - fixed assets are items of property, plant and equipment and are referred to
as "fixed" because of their permanent nature and because they are not subject to rapid
turnover. They include equipment, furniture and fixtures, land and buildings and any
other property considered tangible or long-lasting. (pp. 273-274, Glossary of Terms for
State Auditors)
171 CSB
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g) Current Assets - cash and other assets that are not earmarked for specific purposes other
than the payment of a current liability or a readily marketable investment. (p. 391,
Glossary of Terms for State Auditors)
h) Persons Liable - the persons determined by the auditor to be answerable for an audit
disallowance or charge arising from the post-audit of transaction or examination of the
cash and accounts of an accountable officer.
j) Quick Assets - a holding that can be converted into cash within a short period of time. An
example would be a marketable security that is immediately saleable at a quoted price in
the open market. (p. 541, Glossary of Terms for State Auditors)
k) Reconsideration - the process whereby an aggrieved party requests the very officer or
body who made the decision, order, or ruling to review the same with the view of its
modification or reversal. This should be distinguished from "appeal" which is the process
of elevating to the next higher authority a decision, order, or ruling.
Section 109. Accountability of Government Funds and Property. - (a) Provincial, city and
municipal officers and employees whose duties permit or require the possession or custody of
government funds shall be accountable and responsible therefor and for the safekeeping thereof in
conformity with the provisions of the accounting law (Sec.633, E. 0. No. 292). The Treasurer of a
province, city, municipality, barangay or other local political subdivision, shall be ·primarily
accountable for all government funds pertaining to his province, city, municipality, barangay or
other local political subdivision as the case may be. In case of local government units which have
not created the General Services Office 172 , the Local Treasurers shall also be primarily
accountable for all government properties pertaining to the province, city, municipality, barangay
or other local political subdivision, as the case may be.
1. The head of a local government unit is immediately and primarily responsible for all
government funds and property pertaining to his agency.
172 GSO
162
ii. Persons entrusted with the possession or custody of the funds or property under the
Local Chief Executive shall be immediately responsible to him without prejudice to
the liability of either party to the government. (Sec. 102, P. D. No. 1445)
In the effective discharge of the aforementioned responsibility and accountability, the Local
Chief Executive should ensure that the following functions are performed:
1) Develop and install a sound internal control structure to include the internal control and
environment, accounting system and procedures.
2) Maintain the internal control environment in order to safeguard assets, produce reliable
financial information and promote operational efficiency. 173
Section 112. Measure of Liability of Accountable Officers. - (a) Every officer accountable
for government property shall be liable for its money value 174in case of improper or
unauthorized use or misapplication thereof, by himself or any person for whose acts he may be
responsible. He shall likewise be liable for all losses, damages, or deterioration occasioned by
negligence in the keeping or use of the property, whether or not it be at the time in his actual
custody.
(b) Every officer accountable for government funds shall be liable for all losses resulting from
the unlawful deposit, use, or application thereof and for all losses attributable to negligence in
the keeping of the funds. (Sec. 105, P. D. No. 1445)
173
To guide the LCE in the establishment of a good internal control system, a full discussion on the concepts,
policies and procedures on internal control structure is presented in Annex 88 of this Manual. In addition, some
basic Internal Control Questionnaires (JCQ) on the proper management, handling, custody and disbursement of
funds, as well as on certain types offinancial transactions, are presented in Annex 89 also of this Manual.
174
"Money Value", as used herein, means the book value of the lost property taking into consideration the
depreciation thereof (COA Decision No. 742, dated Feb. 9, 1989)
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(c) An officer who fails to notify and apply for relief from cash accountability within the
prescribed time, in time of loss, shall not be relieved of liability or allowed credit for any such
loss in settlement of his accounts. (Sec. 73, P. D. No. 1445)
Section 113. Liability for Acts Done by Direction of Superior Officer. - (a) No accountable
officer shall be relieved from liability by reason of his having acted under the direction of a
superior officer in paying out, applying or disposing of the funds or property with which he is
chargeable, unless prior to that act, he notified the superior officer in writing of the illegality of
the payment, application, or disposition. The officer directing any illegal payment or disposition
of the funds or property shall be primarily liable for the loss, while the accountable officer who
fai Is to serve the required notice shall be secondarily liable. (Sec. 106, P. D. No. 1445)
(b) The Local Treasurer or any accountable officer is not relieved of liability for illegal payment,
application or disposition of public funds and property because such illegal acts were done under
the direction of a superior officer. The superior officer is primarily liable while the Local
Treasurer or any accountable officer is secondarily liable.
(c) To relieve himself of liability, the Local Treasurer or accountable officer should give a
written notice to a superior officer stating his opinion on the illegality of the payment,
application or disposition of public funds or property being directed by such superior officer. If
the latter insists, then he is solely liable of the consequences in the event that the opinion of the
accountable officer is upheld. (Handbook on Cash Management and Control System, COA, May
2004)
Section 114. Period of Accountability. - (a) As a general rule, the accountability of the
General Services Officer, the Provincial, City, or Municipal Treasurer for government funds and
property shall begin at the time he actually assumes control of the transactions connected
therewith and ends at the time he actually ceases to have such control. As the responsibility of
each incumbent must be fixed definitely, complete inventories of all liquid assets, quick assets,
fixed assets, and accountable forms shall be accomplished upon each transfer of such
accountability, whether temporary or permanent. These inventories shall invariably be dated as
of the date of such transfer, although the taking, checking and preparation of the same may be
delayed for several days. The invoice receipt shall similarly be dated but the date it is actually
signed by the outgoing and incoming officer shall be clearly stated.
(b) It will, therefore, be noted that the actual signing of the invoice-receipt may be made several
days after the new incumbent has assumed control of the transactions involving, funds, property
and accountable forms. It will not, however, be understood that because he has not receipted for
the money, property and accountable forms, he is not responsible for the interim transaction
connected therewith on which he has stamped his approval. His predecessor can only be held
responsible for the transactions occurring during the period of the latter accountability.
Sometimes, there are transactions or expense vouchers that pertain to the period of
accountability or incumbency of an outgoing officer, but which for one reason or another are not
taken up in the books before the transfer is effected. Although such transactions may already
bear the approval of the former Local Treasurer, the new Local Treasurer shall carefully
investigate the circumstances and examine the nature of the transactions before having them
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entered in his accounts. Once these transactions are taken up in the new Local Treasurer's books,
the legal presumption is that he has also approved such transactions and assumed responsibility
therefor, even if the same does not bear his own approval on the face of the voucher. In order to
preclude misunderstanding between the outgoing and incoming Local Treasurers, the former
shall ensure that all transactions for which he is responsible shall be entered into his own
accounts, prior to the assumption of the latter.
(c) No clearance shall be granted the outgoing accountable officer, in case of willful neglect of
transfer of accountability. In such event, the incoming Local Treasurer or accountable officer
shall inform the Local Chief Executive or his superiors, as the case maybe of such failure.
Consequently, he shall request the Secretary of Finance, thru the Local Chief Executive, or his
immediate superior, as the case maybe, for the creation of a committee to conduct inventory of
the funds and property under the accountability of the outgoing accountable officer. A copy of
such inventory shall be furnished the Local Auditor for his information and audit.
a) Before the transfer of accountability is effected, all the books and accounts shall be
completely written up to date, including reports on accountable forms and cashbooks as
well as supplies adjustment sheets.
b) The cashbooks shall then be totaled and closed as of the date of the transfer, ruled, and
certified by the outgoing Local Treasurer, showing the balance per book and the amount
transferred to his successor. The successor shall also certify therein, acknowledging the
amount actually received by him from his predecessor.
c) All cash and cash items, checks, certificates of time deposit, stock certificates shall be
counted and listed in an inventory showing the denomination and amount of each cash and
cash item.
d) The inventory of checks shall also show the serial numbers, dates, amounts and names of
payees and of the banks on which drawn.
e) Investment certificates like time deposits, treasury bills and stock certificates shall be
inventoried showing their serial numbers, amounts and type of investments.
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f) The inventory of cash and cash items shall be compared with the cashbook balances, the
ledger balances and other records. (BLGF Memorandum Circular No. 03-2007)
a) The outgoing officer shall prepare invoice-receipts in quadruplicate covering his entire
accountability for money, property, unused accountable forms, and unissued blank checks.
These invoice receipts shall then be submitted to the Provincial/City Auditor for
verification. One duly verified set of invoice-receipt shall be given to the incoming officer;
the original set shall be submitted to the Provincial/City Auditor, one set shall be placed in
the files of the treasury; and the remaining set shall be retained by the outgoing officer. Each
invoice-receipt shall bear the following certificate at the bottom of each sheet:
Date"
b) In case of property, complete detailed inventories shall be made on the regular form
prescribed therefor in the Acknowledgement Receipt for Equipment 175 .The inventories,
appropriately worded and receipted for, shall serve as the invoice-receipts. The invoice
receipts covering accountable forms shall be made on the regular form of the Consolidated
Report of Accountability for Accountable Forms. The various accountable forms in the
hands of other accountable officers, which cannot actually be counted by the incoming
Local Treasurer, shall also be transferred to him, supported by the corresponding Report of
Accountability for Accountable Forms held by the Accountable Officer, which were last
submitted, duly signed by them.
c) All other important documents such as stock certificates, certificate of time deposits,
treasury bills, duplicate combination of safe, etc., pertaining to the office, which are not
175 ARE
166
included in the inventory aforementioned must also be listed and invoiced by the outgoing
Local Treasurer and receipted for by the incoming Local Treasurer. (BLGF Memorandum
Circular No.003-2007)
Section 119. Final Report of Accountable Officers. - (a) An accountable officer, upon
ceasing to act in his official capacity as such, shall submit to the Auditor of the agency
concerned a report of his accountability.
(b) Any remaining balance of such accountability shall be deposited in the proper treasury
without unnecessary delay. (Sec. 80, P. D. No. 1445)
Section 120. Clearance from Money and Property Accountability. - No Local Treasurer or
officer accountable for government funds and property shall relinquish their office due to
resignation, leave of absence, transfer or retirement until he shall have secured a clearance from
money and property accountability from the local government unit concerned. In case of death,
such clearance shall nevertheless be secured by his lawful heirs.
No clearance shall be issued to the Local Treasurer or accountable officer concerned without the
outstanding differences in their accountabilities settled.
167
authorized representative but the findings of the committee shall not be conclusive until
approved by the latter.
Section 123. Credit for Loss Occurring in Transit or Due to Casualty or Force Majeure. -
When a loss of government funds or property occurs while they are in transit or the loss is
caused by fire, theft, or other casualty or force majeure, the officer accountable therefor or
having custody thereof shall immediately notify the Commission on Audit or the auditor
concerned and, within thirty (30) days or such longer period as the Commission on Audit or
auditor may in the particular case allow, shall present his application for relief, with the available
supporting evidence. Whenever warranted by the evidence, credit for the loss shall be allowed.
An officer who fails to comply with this requirement shall not be relieved of liability or allowed
credit for any loss in the settlement of his accounts. (Sec. 73 (]), P. D. No. 1445)
Section 124. Basic Requirements for Request for Relief from Accountability. - The
following documeuts shall constitute the basic requirements for request for relief from money or
property accountability including accountability for accountable forms with money value:
1) The basic Notice of Loss to be filed immediately after the discovery of the loss and
the Request for Relief from Accountability which should be filed by the proper
accountable officer within the reglementary period of thirty (30) days from the
occurrence of the loss, with the auditor concerned or the Commission on Audit;
2) In case of delay in the filing of the aforesaid notice and request, satisfactory
explanation or the reasons for such delay should be submitted after which the reason
or explanation given should be verified or confirmed by the auditor concerned;
3) If the occurrence of the loss has also been reported to other police agencies, like the
National Bureau of Investigation (NBI), the progress or Final Investigation Report
thereon should be submitted;
4) Affidavit or Sworn Statement of the Local Treasurer or the proper accountable officer
on the facts and circumstances surrounding the said loss, supported by the Affidavit
of two (2) disinterested persons who have personal knowledge of such fact of loss.
Affidavit executed by the accountable officer should state the following facts:
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111. Manner of disappearance;
In case it is not possible to obtain the statement of two disinterested persons and only
one is available, or none at all, such fact should be set forth in the Affidavit of the
person requesting relief, giving the reasons therefor;
6) Memorandum Receipts covering the properties subject of the request, if any; and
7) In case of accountable forms with money value, evidence of the immediate issuance
of the Notice of Loss of accountable forms as required under Commission on Audit
Circular No. 83-233, dated August 24, 1984.
1 J Copy of the Investigation, Inventory and Inspection Report of the proper COA
personnel on the facts and circumstances surrounding the loss;
2) Comment and/or recommendation of the COA Director/OIC and/or Unit Head on the
propriety of the request, together with the full statement of the material facts. This
should contain a categorical determination by the COA Director/Auditor concerned
on the absence of fault or negligence on the part of the accountable officer in the
handling/safekeeping; and
3) In addition to the basic requirements, the following documents are required for
specific occurrences:
a) Fire -
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u1. Authenticated pictures showing the site/office or government
properties razed by the fire.
b) Theft Robbery/Hold-up -
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c) Force Majeure (Earthquake, Typhoons, etc.) -
Section 125. Examination by the Commission on Audit. - The books, accounts, papers, and
cash of all Local Treasurers and other accountable officers shall at all times be open to the
inspection and examination of the Commission on Audit or its duly authorized representatives.
Section 126. Service of Demand Upon the Accountable Officer to Produce His Cash and
Other Accountabilities. - All Local Treasurers and accountable officers shall produce all cash,
cash items and accountable forms in his possession upon service of demand or cash production
notice by the auditor as incorporated in General Form No. 74 (A). Failure on the part of the
Local Treasurer and other accountable officers to produce all the funds and property in his
charge, on demand of any officer authorized to examine such person or treasury, shall be deemed
to be primafacie evidence that such missing funds or property have been put to personal use.
Section 127. Sealing of Safe. - The sealing of safe and other cash receptacles shall be resorted
to by the examining officer only in exceptional cases, such as:
a) The absence or non-appearance of the accountable officer for the count specially when
the intention of the auditor to examine the former has become obvious or made known to
other employees;
c) An interruption or the non-completion of the count during the day or the necessity of
controlling cash, cash items and records; and
171
Section 128. The Count and Inventory of Cash. - (a) All cash, cash items and accountable
forms shall be counted in the presence of the accountable officer who produced the same.
(b) Cash shall be counted from the highest to the lowest denomination. Mutilated bills must be
examined for acceptability. Cash items such as, cash in pay envelopes, checks, treasury warrants,
money orders, paid voucher, partially paid payrolls, etc., shall be segregated by groups.
(c) The following shall be disallowed as credit to accountable officer's accountability:
1v. Private Checks not made payable to the agency or the official title or designation
of the agency head, as well as accommodated Private Checks;
(d) No accountable officer or employee may leave the desk while the count is in progress until
his own particular accountability has been counted, determined as to correctness, and recorded
by the examiner. Nor shall any one be permitted to approach the desk while this count is going
on. If for any reason, the cash cannot be counted without interruption, immediately upon arrival
of the examiner, the safe or safes, drawers, and other possible cash receptacles in the office of
the accountable officer shall be sealed securely, so that when counted, the contents of the same
will be in the same condition as when the examining officer arrives.
(e) At the end of the count, the grand total of all cash, checks, warrants, and cash items, as well
as accountable forms presented will be taken and immediately the cash count inventory and
inventory of accountable forms will be certified and signed by the accountable officer or
employee concerned regardless of whether the grand total tallies or not with the balance of
accountability shown in the cash book of the accountable officer.
(d) The signature of the accountable officer concerned shall be witnessed by at least two (2)
witnesses.
Section 129. Inspection of the Safe or Safes and Other Cash Receptacles. - Prior to or
simultaneous with the inventory of cash and accountable forms, the Local Treasurer and/or
accountable officer shall permit the auditors to inspect and examine minutely the total contents
of the safe or safes, drawers, boxes, and other possible cash receptacles in the office of said
accountable officer. If there are envelopes or bound packages inside the safes or drawers or other
containers in the office, the same shall be opened and the contents inspected. Money or valuables
found in a government safe and claimed by an officer or employee as his own private property
shall be segregated and marked as such.
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Section 130. Certification of the Cashbooks in the Course of Cash Examination. - (a)
When the inventories of cash and cash items, and accountable forms have been made and
certified, the Local Treasurer shall update the recording of his accountabilities in his cashbooks.
As soon as all collections and remittances and all paid vouchers will have been entered in the
cashbook as of the date of examination and before the daily balances and daily totals thereof are
actually verified by the examiner, the accountable officer keeping the same will be required to
foot, balance and rule it in ink and to make the following certification on the line immediately
below the last balance to ascertain from him that the transactions therein recorded are true and
correct:
"I hereby certify on my official oath that all cash and depository
transactions had by me in my capacity as of
at the time of examination, showing a
balance of (P have
been correctly and completely recorded in this cashbook.
(Date) (Signature)"
(b) If after verification of the entries in the cashbook, errors or omissions are found therein, the
accountable officer shall be required to effect the adjusting/correcting entries and then to foot,
balance and rule the cashbook. The aforementioned certification above shall likewise be required
after the last entry.
(c) After the completion of the cash examination, the following certification shall be made by the
auditor/examiner on the cashbook below the accountable officer1s certification:
(Signature)
(Title)"
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Section 132. Certification in General Form No. 74 (A). - After the balance of accountability
of the accountable officer has been finally determined, the auditor shall compare such balance to
the inventory of cash and/or allowed cash items to ascertain shortage or overage, if any. The
following certification shall then be executed by the Accountable officer at the back of General
Form No. 74 (A), as follows:
The Auditor/Examiner, on the other hand shall execute the following certification:
"I HEREBY CERTIFY that the preceding is true and correct Report of
Examination of the cash and accounts of (name of accountable
offlcer) (designation) (agency/station)
(Signature of Examiner)
Section 133. Report of Cash Examination. - After the cash examination is completed, the
auditor shall prepare and submit a final narrative report, whether there is a shortage or not. The
report shall contain all the important details, data and information disclosed in the examination
and usually consists of three (3) parts, namely, the introduction, the findings and the
recommendations. It shall be supported with documentations prescribed by the Commission on
Audit.
a) Any public officer who, by reason of the duties of his office, is accountable for public funds
or property, shall appropriate the same, or shall take or misappropriate or shall consent, or
through abandonment or negligence, shall permit any other person to take such public funds
or property, wholly or partially, or shall otherwise be guilty of the misappropriation or
malversation of such funds or property, shall suffer the corresponding penalties prescribed
by law.
b) The failure of a public officer to have duly forthcoming any public funds or property with
which he is chargeable, upon demand by any duly authorized officer, shall be prima facie
evidence that he has put such missing funds or property to personal use. (Art. 217, Revised
Penal Code)
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c) The term public officer as used in the law is with reference to a person who, by direct
provision of the law, popular election or appointment by competent authority, shall take part
in the performance of public functions in the government, or shall perform in said
government or in any of its branches public duties as an employee, agent, or subordinate
official, of any rank or class. (Art. 203, Revised Penal Code)
d) The relative importance of the office or employment held by an officer is not the controlling
factor; the nature of duties which he performs - the fact that, as part of his duties, he
receives public money or property for which he is bound to account - is that which
determines whether or not he is an accountable officer. (U.S. vs. Velazquez, 32 Phil. 157)
Section 135. Presentation of Formal Written Demand to the Accountable Officer. - (a)
The examining officer shall always make a formal written demand, in case of shortage, upon the
defaulting officer to produce the missing funds, immediately upon the discovery of the same.
(b) The demand shall be addressed to the defaulting officer in person; shall give his title; shall
notify him of the discovery and the amount of the shortage in the examination of his cash, books,
and account; shall specify by whom, when, and where the examination was performed; shall fix
the time and place for restituting the amount of the shortage; and shall require him to submit
within the same period of time a written explanation why criminal prosecution should not be
filed against him in view of the shortage.
(c) Receipt of the letter of demand served upon the defaulter shall be acknowledged by him in
writing, stating in such acknowledgment at what time and on what date it was received by him.
Section 136. Seizure of Office by the Examining Officer. -The books, accounts, papers, and
cash of Local Treasurer or other accountable officer shall at all times be open for inspection of
the COA or its duly authorized representative.
In case an examination of the accounts of a Local Treasurer discloses a shortage in cash which
should be on hand, it shall be the duty of the examining officer to seize the office and its
contents, notify the COA, the Local Chief Executive concerned ,and the Local Accountant.
Thereupon, the examining officer shall immediately tum over to the accountable officer next-in
rank in the local treasury service, unless the said officer is likewise under investigation, the
office of the treasurer and its contents, and close and render his accounts on the date of turnover.
In case the accountable officer next in rank is under investigation, the auditor shall take full
possession of the office and its contents, close and render his accounts on the date of taking
possession, and temporarily continue the public business of such office until such time that the
Local Treasurer is restored or a successor has been duly designated. The Local Treasurer or
accountable officer found with such shortage shall be automatically suspended from office. (Sec.
348, LGC)
Section 137. Notice to the BLGF in Case of Shortages. - Immediately upon the discovery of
a shortage in the cash and accounts of a Provincial, City and Municipal Treasurer, the COA
Auditor shall notify the Executive Director of the Bureau of Local Government Finance (BLGF)
of the Department of Finance, thru the appropriate channels, of the fact, for their information and
175
appropriate action. The notice shall include information on the amount of shortage and the easels
filed with the Office of the Ombudsman or the proper Courts, if any.
(b) The constructive distraint shall be effected by requiring the accountable officer concerned or
any other person having possession or control of the property to accomplish a receipt in the form
prescribed by the Commission on Audit, covering the property distrained and obligate himself to
preserve the same intact and unaltered and not to dispose of it in any manner whatsoever without
the express authority of the Commission on Audit.
( c) In case the said accountable officer or other person having the possession and control of the
property sought to be placed under constructive distraint refuses or fails to accomplish the
receipt herein referred to, the representative of the Commission on Audit effecting the
constructive distraint shall proceed to prepare a list of such property and in the presence of two
(2) witnesses leaves a copy thereof in the premises where the property distrained is located, after
which the said property shall be deemed to have been placed under constructive distraint.
Section 139. Withholding of Payment of Money to Accountable Officer. - The auditor may
direct the proper officer to withhold the payment of any money except retirement pay or
gratuities, due the defaulting accountable officer once his cash shortage is finally ascertained.
The withholding order shall be signed by the auditor in the following manner:
Auditor
The amount withheld shall be applied to the satisfaction of the accountable officer's indebtedness
to the Government arising from the cash shortage pursuant to Section 37 of P. D. No. 1445.
The withholding order shall be reported promptly to the Chairman of the Commission on Audit
by the auditor concerned.
Section 140. Cash Overage. - In case of cash overage, satisfactory explanation shall be
submitted by the accountable officer to the auditor/examiner. If the overage cannot be
satisfactorily explained by the accountable officer, the amount shall be forfeited in favor of the
government and an official receipt issued therefor by the collecting officer.
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Examinations shall be extended, if necessary, for the purpose of ascertaining the cause of the
overage and any underlying irregularity.
Section 141. Transcript of Auditor's Record as Evidence of Liability. - (a) In any criminal
or civil proceeding against an officer for the embezzlement or misappropriation of government
funds or property, or to recover an amount due the government from an accountable officer, it
shall be sufficient, for the purpose of showing a balance against him, to produce the working
papers of the auditor concerned
A showing in this manner of any balance against the officer shall be prima facie evidence of the
misappropriation of the funds or property unaccounted for or of civil liability of the officer as the
case maybe.
The existence or contents of bonds, contracts, or other papers relating to or connected with the
settlement of any account may be proved by the production of certified copies thereof, but the
court may require the production of the original when this appears to be necessary for the
attainment of justice.
Section 142. Auditor's Certificate of Balance. - Auditors of all government agencies shall
certify the balances arising in the accounts settled by them to the Commission on Audit and to
the proper Local Treasurer, Collecting Officer, or Disbursing Officer, in such form as the
Commission on Audit may prescribe, within sixty (60) days from the date of receipt of those
accounts from the Local Treasurer, Collecting Officer, or Disbursing Officer concerned.
Section 143. Auditor's Notice to Accountable Officer of Balance Shown Upon Settlement.
- The Auditor concerned shall, at convenient intervals, send a written notice, under a certificate
of settlement to each officer whose accounts have been audited and settled in whole or in part by
him, stating the balances found due thereon and certified, and the charges or difference arising
from the settlement by reason of disallowances, charges, or suspensions.
The certificate shall be properly itemized and shall state the reasons for the disallowance, charge,
or suspension of credit.
A charge of suspension which is not satisfactorily explained within ninety (90) days after receipt
of the certificate or notice by the accountable officer concerned shall become a disallowance,
unless the Commission on Audit or auditor concerned shall, in writing and for good cause, have
extended the time to answer beyond ninety (90) days.
Section 144. Certificate of Settlement and Balances. 176 - (a) The Certificate of Settlement
and Balances shall be issued by the auditor to the agency head and the concerned accountable
officers of the audited agencies for all transactions duly post-audited. The certificate summarizes
all suspensions, disallowances and charges found in audit, including the settlements thereof as of
a given date.
176 CSB
177
(b) It shall be issued within ten (10) days after the end of each quarter, for every accountable
officer and for each fund. The Auditor is not, however, precluded from issuing the Certificate of
Settlement and Balances as often as he deems it practicable.
(c) The Certificate of Settlement and Balances shall be supported by the Summary of
Suspensions, Disallowances and Charges; Summary of Suspensions Maturing into Disallowance
and Charge; and Summary of Settlements of Suspensions, Disallowances and Charges, all of
which shall form integral parts of the Certificate of Settlement and Balances.
Section 145. Notice of Suspensions. 177 - The Notice of Suspensions shall be issued as often as
suspensions are made by the auditor for the purpose of notifying the agency head and the
accountable officer concerned on the suspended transactions.
The Notice of Suspension shall indicate the amount suspended, the reason/s for the suspensions
and the requirement/s to be complied with in order to lift the suspension.
The date of receipt of the Notice of Suspesion by the agency head and responsible officer
concerned or their authorized representative shall be the reckoning date for purposes of counting
the ninety (90) day period after which, the suspension shall mature into disallowance.
Section 146. Notice of Disallowance. 178 - The Notice of Disallowance shall be used and
issued as often as disallowance are made by the auditor in order to notify the agency head, the
accountable officers concerned, and the other persons liable for the disallowed transaction.
The date of receipt of the Notice of Disallowance by the agency head and the persons liable
therefor or their authorized representative, shall be the reckoning date for the purpose of
counting the period of appeal after which, the disallowance becomes final and executory.
Section 147. Credit Notice. 179 - The Credit Notice is issued by the auditor to the accountable
officer concerned within thirty (30) days from receipt of the report of disbursements for
liquidation of cash advances, to inform the latter of the amount allowed in audit and any
suspensions and/or disallowance made.
In case of disallowance, a copy of the Credit Notice shall be furnished the accountant who shall
record the restoration of the cash advance for the amount disallowed. The amount allowed in
audit by the auditor as contained in the Credit Notice shall be deemed to have been settled.
Section 148. Notice of Charge. 180 - The Notice of Charge shall be used and issued as often as
charges are made by the auditor to notify the agency head, accountable officer concerned and
other persons liable for the deficiencies noted in the audit of revenues and receipts. The amount
charged shall be indicated, as well as the reasons therefor.
177 NS
178 ND
179 CN
1so NC
178
The date of receipt of the Notice of Charge by the Local Chief Executive and the persons liable
therefor or their authorized representative, shall be the reckoning date for the purpose of
counting the period of appeal after which, the charge becomes final and executory.
Section 149. Audit Observation Memorandum. 181 - The Audit Observation Memorandum
shall be issued to the agency head and/or other officials concerned relative to the
findings/observations/other deficiencies noted in the audit of accounts/transactions and requiring
comment/reply thereto within the period specified therein.
a) The Auditor's Order shall be used by the auditor to enforce the settlement of audit
disallowances and charges, whenever the persons liable therefor refuse or fail to voluntarily
settle the disallowances and charges after the decision has become final and executory.
b) The auditor shall, through the agency head, order the Cashier/Treasurer/Disbursing Officer
to withhold the payment of any money due the person found to be liable therefor, if no
payment/refund is so far made.
c) In case the person liable is an employee/official of another government agency, the auditor
concerned, thru his Director, shall request the auditor of the other government agency to
order the Cashier/Treasurer/Disbursing Officer thereof, to withhold such claim or so much
amount as may be necessary to satisfy the obligation of the person concerned.
d) The auditor shall send at least two (2) memoranda (five days apart), requiring the
Cashier/Disbursing Officer/Treasurer to comply with the Auditors' Order.
e) After the lapse of five (5) days from receipt of the second memorandum without complying
with the Auditor's Order, the auditor shall submit a report of such non-compliance to the
Director of the Commission on Audit concerned together with the necessary supporting
documents.
f) The concerned Director of the Commission on Audit, after evaluation of the Auditor's
Report, shall call the attention of the local government unit head within the level of his rank
and within his audit jurisdiction regarding the non-compliance to the Auditor's Order.
g) If still no action is taken thereon within a reasonable time, the Director shall report to the
Chairman of the Commission on Audit the inaction of local government officials on the
Auditor's Order.
h) The Chairman of the Commission on Audit, based on the report of the auditor and the
recommendation of the Director, is expected to communicate to the Local Chief Executive
and request that the persons liable be required to settle the disallowance and charge, and to
take such actions as are deemed necessary under the circumstances. A copy of this
1s1 AOM
179
communication shall be furnished the auditor thru the concerned Director of the
Commission on Audit.
i) In case the Local Chef Executive fails to enforce the settlement within thirty (30) days from
the request of the Chairman of the Commission on Audit, the auditor shall submit a report to
the Chairman, thru the Director concerned. Thereafter, the Chairman thru the Legal Office
may cause the filing of the necessary administrative and/or criminal complaint with the
Civil Service Commission, Office of the Ombudsman or other appropriate agencies
concerned on the basis of the evidences/documents presented.
Section 151. Grounds for Suspension. - The Auditor's Notice of Suspension is issued for:
1) Transactions or accounts which could otherwise have been settled for some
documentary or technical requirements, like lack of supporting documents or proper
signatures.
The auditor shall issue the Notice of Disallowance or Notice of Charge on the amount of the
transaction suspended if he is not satisfied with the explanation or justification submitted, in
which case, said disallowance or charge shall be reflected in the subsequent Certificate of
Settlement and Balances, even if the ninety (90) day period has not elapsed.
Section 152. Settlement of Suspensions. - (a) Suspensions are deemed settled when the
requirements of the auditor, as contained in the Notice of Suspension are complied with. Such
settlement shall be reflected in the next Certificate of Settlement and Balances.
(b) The auditor may, however, issue a separate memorandum notifying the local government unit
head and the accountable officer concerned of the settlement of the suspensions prior to the
issuance of the next Certificate of Settlement and Balance.
(c) A suspension which is not settled within ninety (90) days from receipt of the Notice of
Suspension, or within such extended period as may be authorized by the auditor shall become a
disallowance/charge.
(d) Consequently, the auditor shall issue the corresponding Notice of Disallowance/Charge on
the matured suspensions.
Section 153. Grounds for Disallowance. - All transactions which are irregular, unnecessary,
excessive and extravagant and those which are illegal and unconscionable shall be disallowed in
audit. 182
Section 154. Grounds for Charges. - In the determination of what constitutes an audit charge
in relation to the audit of revenues and receipts, the following shall be observed:
182 The description of these types of expenditures is found in Book III of this Manual.
180
1) When there is error in the assessment which resulted in under collection, the corresponding
Notice of Charge shall be issued to the assessing or appraising officer concerned. Instances
of over-collection shall be taken up in the books as payable to the payor or proper party, and
the corresponding Auditor's Observation Memorandum shall be issued.
2) When there is error in the computation of the amount due the payor which may either be
over collection or under collection, the under collection shall be a proper charge against the
collecting officer, while the over collection shall be taken up in the books as payable to the
payor or proper party and the corresponding Auditor's Observation Memorandum shall be
issued.
Ifthe amount collected is less than what is due for the period, the difference shall constitute
a charge against the collecting officer.
Section 155. Settlement of Disallowance and Charges. - Disallowances and charges shall be
settled through submission of the required explanation/justification and/or documentation by the
person or persons determined by the auditor to be liable therefor; or by payment of the amount
disallowed in audit; or by such other applicable modes of extinguishment of obligation as
provided for by law.
A. The liability of public officers and other persons for audit disallowances shall be determined
on the basis ofthe:
B. The liability for audit charges shall be measured by the individual participation or
involvement of persons in the charged transaction; i.e., public officers whose duties require
the appraisal/assessment/collection of government revenues and receipts shall be liable for
under-appraisal, under-assessment, and under-collection thereof.
Illustrative Cases:
1) Public officers who are custodians of government funds and/or property shall be liable for
their failure to ensure that such funds and properties are safeguarded against loss or damage;
that they are expended, utilized, disposed of or transferred in accordance with law and
regulations, and on the basis of prescribed documents and necessary records.
2) Public officers who ce1iify to the necessity, legality and availability of funds/budgetary
allotments, adequacy of documents, etc., involving the expenditure of funds or uses of
government property shall be liable according to their respective certifications.
181
3) Public officers who approve or authorize transactions involving expenditure of government
funds and uses of government properties shall be liable for all losses arising out of their
negligence or failure to exercise the diligence of a good father of a family.
4) Public officers and other persons who confederated and conspired in a transaction which is
disadvantageous or prejudicial to the government, shall be held liable jointly and severally,
including those who benefited therefrom.
5) The payee/claimant of an expenditure shall be personally liable for the disallowance where
the ground thereof is his failure to submit the required documents, and the auditor is
convinced that the event relative to the disallowed transaction did not occur, or has no basis
in fact.
Section 157. Finality of the Report, Certificate of Settlement and Balances, Order or
Decision. - Unless a request for reconsideration is filed or an appeal is taken, the Report,
Certificate of Settlement and Balances, Order or Decision of the auditor shall become final upon
the expiration of six (6) months after notice thereof to the parties concerned.
Section 158. Motion for Reconsideration. - The auditor shall entertain only one (1) Motion
for Reconsideration. If the auditor reconsiders or modifies his original decision, disallowing a
transaction, the same shall be automatically reviewed by the concerned Director of the
Commission on Audit. In this event, the auditor shall, within ten (10) days, certify the case and
elevate the entire record to the Director for review.
Section 159. Appeal from Auditor to Director. - (a) An aggrieved party may appeal from an
order or decision or ruling rendered by the auditor embodied in a report, memorandum, letter,
Notice of Disallowances and Charges, and Certificate of Settlement and Balances, to the
Director of the Commission on Audit who has jurisdiction over the agency under audit.
(b) The appeal maybe taken to the Director of the Commission on Audit within six (6) months
after notification to the party of the report, Notice of Disallowance and Charges, Certificate of
Settlement and Balances, order or decision complained of, by filing with the auditor a Notice of
Appeal. The appellant shall file an appeal memorandum within twenty (20) days from the receipt
of the order of the Director requiring the same.
(c) The Director may reverse, modify, alter, or affirm the decision or ruling of the auditor.
However, should the Director render a decision reversing, modifying or altering the decision or
ruling of the auditor, the Director shall, within ten (10) days, certify the case and elevate the
entire record to the Commission on Audit proper for review and approval.
(d) Only one (1) Motion for Reconsideration of the order or decision of the Director shall be
entertained. The receipt of the auditor of the Notice of Appeal and/or Motion for
Reconsideration shall stop the running of the six (6) months period of appeal to the Commission
on Audit proper and shall resume upon receipt by the Appellant of the final decision of the
Director.
182
Section 160. Appeal from the Decision of the Director to Commission on Audit Proper. -
(a) The party aggrieved by a final order or decision of the Director may appeal to the
Commission on Audit Proper by filing a petition for review in seven (7) legible copies with the
Commission Secretariat, a copy of which shall be served to the Director.
(b) The appeal shall be taken within the time remaining of the six (6) months period, taking into
account the suspension of the running thereof.
Section 161. Failure of a Responsible Public Officer to Render Accounts before Leaving
the Country. - Any public officer who unlawfully leaves or attempts to leave the country
without securing a certificate from the auditor showing that his accounts have been finally
settled, shall be penalized under Article 219 of the Revised Penal Code of the Philippines.
Section 162. Under R. A. No. 7160 or the Local Government Code of 1991:
1) Penalty for Failure to Issue and Execute Warrant. - Without prejudice to criminal
prosecution under the Revised Penal Code and other applicable laws, any Local Treasurer
who fails to issue or execute the warrant of distraint or levy after the expiration of the time
prescribed, or who is found guilty of abusing the exercise thereof by competent authority
shall be automatically dismissed from the service after due notice and hearing. (Sec. 177,
LGC)
2) Attempt to Enforce Void or Suspended Tax Ordinances and Revenue Measures. - The
enforcement of any tax ordinance or revenue measure after due notice of the disapproval or
suspension thereof shall be sufficient ground for administrative disciplinary action against the
local officials and employees responsible therefore. (Sec. 190, LGC)
3) Penalty for Failure to Issue and Execute Warrant. - Without prejudice to criminal
prosecution under the Revised Penal Code and other applicable laws, any Local Treasurer or
his deputy who fails to issue or execute the warrant of levy within one (1) year from the time
the tax becomes delinquent or within thirty (30) days from the date of the issuance thereof, or
who is found guilty of abusing the exercise thereof in an administrative or judicial
proceeding shall be dismissed from the service. (Sec. 259, LGC)
4) Failure to Post and Publish the Itemized Monthly Collections and Disbursements. -
Failure by the Local Treasurer or the Local Chief Accountant to post the itemized monthly
collections and disbursements of the local government unit concerned within ten ( l 0) days
following the end of every month and for at least two (2) consecutive weeks at prominent
places in the main office building of the local government unit concerned, its plaza and main
street, and to publish said itemization in a newspaper of general circulation, where available,
in the territorial jurisdiction of such unit, shall be punished by a fine not exceeding Five
183
Hundred Pesos (P 500.00) or by imprisonment not exceeding one (1) month, or both, at the
discretion of the court. (Sec. 513, LGC)
5) Failure to Collect Tax Due on Real Property. - Any officer charged with the duty of
collecting the tax due on real property who willfully or negligently fails to collect the tax and
institute the necessary proceedings for the collection of the same shall be punished by a fine
of not less than One Thousand Pesos (P 1,000.00) nor more than Five Thousand Pesos
(P 5,000.00), or by imprisonment of not less than one (1) month nor more than six (6)
months, or both such fine and imprisonment, at the discretion of the court. (Sec. 517 2nd par.,
LGC)
6) Failure to Dispose of Delinquent Real Property at Public Auction. - The Local Treasurer
concerned who fails to dispose of delinquent real property at public auction in compliance
with pertinent provisions of the Local Government Code of 1991, and any other local
government official whose acts hinder the prompt disposition of delinquent real property at
public auction shall, upon conviction, be subject to a fine of not less than One Thousand
Pesos (P 1,000.00) nor more than Five Thousand Pesos (P 5,000.00), or imprisonment of not
less than one (1) month nor more than six (6) months, or both, at the discretion of the court.
(Sec. 519, LGC)
A. Frauds Against the Public Treasury and Similar Offenses. - The penalty of prision
correcciona/ in its minimum period, or a fine ranging from Two Thousand Pesos (P 200.00)
to Ten Thousand Pesos (P 10,000.00), or both, shall be imposed upon any public officer who
being entrusted with the collection of taxes, licenses, fees and other imposts, shall be guilty
of any of the following acts or omissions:
184
1) The penalty of prision correccional in its minimum and medium periods, if the
amount involved is more than Two Hundred Pesos (P 200.00) but does not
exceed Two Thousand Pesos (P 2,000.00).
2) The penalty of prision mayor in its maximum and medium periods, if the
amount involved is more than Two Thousand Pesos (P 2,000.00) but does not
exceed Six Thousand Pesos (P 6,000.00).
s
3) The penalty of prision mayor in its maximum period to reclusion temporal in
its minimum period, if the amount involved is more than Six Thousand Pesos
(P 6,000.00) but is less than Twelve Thousand Pesos (P 12,000.00).
4) The penalty of reclusion temporal in its medium and maximum periods, if the
amount involved is more than Twelve Thousand Pesos (P 12,000.00) but is less
than Twenty-Two Thousand Pesos (P 22,000.00). If the amount exceeds the
latter, the penalty shall be reclusion temporal in its maximum period to
reclusion perpetua.
In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special
disqualification and a fine equal to the amount of the funds malversed or equal to the value
of the property embezzled.
The failure of a public officer to have duly forthcoming any public funds or property with
which he is chargeable, upon demand by any duly authorized officer, shall be prima facie
evidence that he has put such missing funds or property to personal use. (Art. 217, Revised
Penal Code)
Section 164. Under the Anti-Graft and Corrupt Practices Act. 183 - The following shall
constitute corrupt practices of any public officer:
2) Directly or indirectly requesting any gift, present, share, percentage, or benefit, for himself or
for any other person, in connection with any contract or transaction between the local
government unit and any other party, wherein the public officer in his official capacity has to
intervene under the law.
3) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material
benefit for himself or for another, from any person from whom the public officer, in any
manner or capacity, has secured or obtained, or will secure or obtain, any local government
unit permit or license, in consideration for the help given or to be given.
185
4) Causing any undue injury to any party, including the local government unit, or giving any
private party any unwarranted benefits, advantage, or preference in the discharge of his
official administrative or judicial functions through manifest partially, evident bad faith or
gross inexcusable negligence. This provision shall apply to officers and employees of offices
charged with the grant of licenses and permits or other concessions.
5) Neglecting or refusing, after due demand or request, without sufficient justification, to act
within a reasonable time on any matter pending before him for the purpose of obtaining,
directly or indirectly, from any person interested in the matter some pecuniary or material
benefit or advantage, or for the purpose of favoring his own interest or giving undue
advantage in favor of or discriminating against any other interested party.
6) Entering, in behalf of the local government unit, into any contract or transaction manifestly
and grossly disadvantageous to the local government unit, whether or not the public officer
profited or will profit thereby.
8) Directly or indirectly becoming interested, for personal gain, or having a material interest in
any transaction or act requiring the approval of a board, panel or group of which he is a
member, and which exercises discretion in such approval even if he votes against the same or
does not participate in the action of the board, committee, panel or group.
186
LOCAL TREASURY OPERATIONS
MANUAL
BOOK FIVE
I� - -- J
Chapter 1. REAL PROPERTY TAXATION
Section 165. Power to Levy Real Property Tax. - A province or city or a municipality within
the Metropolitan Manila Area may levy an annual ad valorem tax on real property such as land,
buildings, machinery, and other improvements not specifically exempted under the law. (Sec.
232, LGC)
The power to levy the ad valorem tax on real property is exercised through the sanggunian of the
local government unit concerned by way of an ordinance. (Art. 323, IRR, implementing Sec. 232,
LGC)
a) Acquisition Cost for newly acquired machinery not yet depreciated and appraised within the
year of its purchase, refers to the actual cost of the machinery to its present owner, plus the
cost of transportation, handling, and installation at the present site. (Sec. 199 (a), LGC)
b) Actual use refers to the principal purpose for which the property is principally or
predominantly utilized by the person in possession thereof. (Sec. 199 (b), LGC)
c) Ad Valorem Tax is a levy on real property determined on the basis of a fixed proportion of
the value of the real property. (Sec. 199 (c), LGC)
d) Agricultural Land is land devoted principally to the planting of trees, raising of crops,
livestock and poultry, dairying, salt making, inland fishing and similar aquacultural activities,
and other agricultural activities, and is not classified as mineral, timber, residential,
commercial or industrial land. (Sec. 199 (d), LGC)
e) Appraisal is the act or process of determining the value of property as of a specific date for a
specific purpose. (Sec. 199 (e), LGC
f) Assessment is the act or process of determining the value of a property, or proportion thereof
subject to tax, including the discovery, listing, classification, and appraisal of properties.
(Sec. 199 (/), LGC)
g) Assessment Level is the percentage applied to the fair market value to determine the taxable
value of the property. (Sec. 199 (g), LGC)
h) Assessed Value 184 is the fair market value of the real property multiplied by the assessment
level. It is synonymous to taxable value. (Sec. 199 (h), LGC)
i) Commercial Land is land devoted principally for the object of profit and is not classified as
agricultural, industrial, mineral, timber, or residential land. (Sec. 199 (i), LGC)
184
AV
188
j) Depreciated Value is the value remaining after deducting depreciation from the acquisition
cost. (Sec. 199 0), LGC)
k) Economic Life is the estimated period over which it is anticipated that a piece of machinery
or equipment may be profitably utilized. (Sec. 199 (k), LGC)
l) Fair Market Value 185 is the price at which a property may be sold by a seller who is not
compelled to sell and bought by a buyer who is not compelled to buy. (Sec. 199 (/), LGC)
Market value is the highest price estimated in terms of money which a property will bring if
exposed for sale in the open market allowing a reasonable time to find a purchaser who buys
with knowledge of all the uses to which it is adapted and for which it is capable of being
used.
m) Idle Lands for purposes of real property taxation shall include the following:
1) Agricultural lands, more than one ( 1) hectare in area, suitable for cultivation,
dairying, inland fishery, and other agricultural uses, one-half (1/2) of which remains
uncultivated or unimproved by the owner of the property or person having legal
interest therein.
Agricultural lands planted to permanent or perennial crops, with at least fifty (50)
trees to a hectare shall not be considered idle lands. Lands actually used for grazing
purposes shall likewise not be considered idle lands.
2) Lands, other than agricultural, located in a city or municipality, more than one
thousand (1,000) square meters in area, one-half (1/2) of which remains unutilized or
unimproved by the owner of the property or person having legal interest therein.
Illustrative Case:
1) The anti-pollution tailing dam structure of the Benguet Corporation-Dizon Copper Gold
Operations is an improvement used in the operation of the corporation and, therefore,
1ss FMV
189
taxable under the provisions of the Local Government Code of 1991. The subject dam
falls within the definition of an improvement because it is permanent in character and it
enhances both the value and utility of the mine. (DOF Opinion, February 3, 1994)
o) Industrial Land is land devoted principally to industrial activity as capital investment and is
not classified as agricultural, commercial, timber, mineral, or residential land. (Sec. 199 (n),
LGC)
by their very nature and purpose are designed for, or necessary to its manufacturing, mining,
logging, commercial, industrial, or agricultural purposes. (Sec. 199 (o), LGC) I
Illustrative Cases:
1) Thus, underground tanks, elevated tanks, elevated water tanks, gasoline and computing
pumps, car washers, car and tire hoists, air compressors and tireflatros in gasoline
stations are considered as machinery or improvement. (G. R. No. L-50466, May 31, 1982)
2) On the other hand, gas turbine barges owned by the National Power Corporation,
although these are mobile, self-powered and self-propelled, for practical reasons, could
not be considered as real property in the same manner that other mobile
machineries/equipment such as trucks, buses, ships, airlines, and the like, which require
registration with the proper agency of government, could not be considered as real
property subject to real property tax. (BLGF 1'51 lndorsement, May 20, 1996)
3) Machinery which are of general purpose use including but not limited to office
equipment, typewriters, telephone equipment, breakable or easily damaged containers
(glass or cartons), micro computers, facsimile machines, telex machines, cash dispensers,
furniture and fixtures, freezers, refrigerators, display cases or racks, fruit juice or
beverage automatic dispensing machines which are not directly and exclusively used to
meet the needs of a particular industry, business or activity shall not be considered within
the definition of machinery under this rule.
When machineries are no longer used for its purpose by reason of closure or cessation of
production, the same should be transferred from the taxable roll to the exempt roll and
not subject to the payment of real property taxes during the period of non-use. (BLGF 91h
Indorsement, May 26, 1999)
190
q) Mineral Lands are lands in which minerals, metallic or non metallic, exist in sufficient
quantity or grade to justify the necessary expenditures to extract and utilized such materials.
(Sec. 199 (p), LGC)
r) Re-assessment is the assigning of new assessed values to property, particularly real estate, as
the result of general, partial, or individual reappraisal of the property. (Sec. 199 (q), LGC)
s) Remaining Economic Life is the period of time expressed in years from the date of
appraisal to the date when the machinery becomes valueless. (Sec. 199 (r), LGC)
t) Remaining Value the value corresponding to the remaining useful life of the machinery.
(Sec. 199 (s), LGC)
u) Replacement or Reproduction Cost is the cost that would be incurred on the basis of
current prices, in acquiring an equally desirable substitute property, or the cost of
reproducing a new replica of the property on the basis of current prices with the same or
closely similar material. (Sec. 199 (t), LGC)
v) Residential Land is land principally devoted to habitation. (Sec. 199 (u), LGC)
w) Special Classes of Real Property are lands, buildings, and other improvements thereon
actually, directly, and exclusively used for hospitals, cultural, or scientific purposes, and
those owned and used by local water districts and government-owned or controlled
corporations rendering essential public services in the supply and distribution of water and/or
generation and transmission of electric power. (p. 9, Manual on Real Property Appraisal and
Assessment Operations, BLGF)
Section 167. Fundamental Principles. - The appraisal, assessment, levy and collection of real
property tax shall be guided by the following fundamental principles:
l) Real property shall be appraised at its current and fair market value. (Sec. 198 (a), LGC)
All real property, whether taxable or exempt, shall be appraised at the current and fair market
value prevailing in the locality where the property is situated. The Department of Finance
shall promulgate the necessary rules and regulations for the classification, appraisal, and
assessment of real property pursuant to the provisions of R. A. No. 7160 or the Local
Government Code of 1991. (Sec. 201, LGC)
2) Real prope1iy shall be classified for assessment purposes on the basis of its actual use. (Sec.
198 (b), LGC)
3) Real property shall be assessed on the basis of a uniform classification within each local
government unit. (Sec. 198 (c), LGC)
191
To this end, Provincial, City, and the Municipal Assessors of the municipalities within
Metropolitan Manila Area shall prepare a Schedule of Fair Market Values 186 for the different
classes of real property situated within their respective local government units for enactment
of ordinance of the sanggunian concerned. (Sec 212, LGC)
4) The appraisal, assessment, levy and collection of real property tax shall not be let to any
private person. (Sec. 198 (d), LGC)
5) The appraisal and assessment of real property shall be equitable. (Sec. 198 (e), LGC)
Section 168. Administration of the Real Property Tax. - The provinces and cities, including
the municipalities within the Metropolitan Manila Area, shall be primarily responsible for the
proper, efficient and effective administration of the real property tax, subject to the rules and
regulations governing the classification, appraisal and assessment of real property issued by the
Department of Finance.
Accordingly, the Department of Finance and the provincial governments shall exercise the
authority to review and examine on a continuing basis, property assessment and real property tax
records to ensure the proper implementation hereof and determine compliance with existing laws
and regulations (Art. 291, IRR, implementing Sec. 200, LGC))
Illustrative Case:
1) Municipalities outside Metro Manila Area have no power to enact an ordinance levying real
property tax, as sucb power and authority is vested only upon their respective provinces.
(BLGF Opinion, May 5, 1994)
Section 169. Rates of Levy. - (a) A province or city or municipality within Metropolitan
Manila Area shall fix a uniform rate of basic real prope1ty tax applicable to their respective
jurisdiction as follows:
1) For provinces - not exceeding one percent (I%) of the Assessed Value.
2) For cities, or municipalities of Metropolitan Manila Area - not exceeding two percent
(2%) of the Assessed Value.
(b) No public hearing shall be required before the enactment of a local tax ordinance levying the
basic real property tax. (Art. 324, IRR, implementing Sec. 233, LGC))
Section 170. Special Levies. - Provinces, cities and the municipalities within the Metropolitan
Manila Area may also levy and collect the following special levies on real properties within their
jurisdiction:
ts6
SMV
192
A. Additional Levy on Real Property for the Special Education Fund. 187 - A province or
city, or a municipality within Metropolitan Manila Area, may levy and collect an annual
tax of one percent (1 %) on the assessed value of real property which shall be in addition
to the basic real property tax. The proceeds thereof shall exclusively accrue to the Special
Education Fund. (Sec. 235, LGC)
Illustrative Cases:
1) The total three percent (3%) rate (2% basic and 1% SEF) of real property taxes
imposed by Calbayog City is in accordance with the provisions of R. A. No. 7160.
(BLGF Letter, May 22, 1998 to the National Food Authority)
2) Further, on the authority of local government units to impose the Special Education
Fund, a province or city, or a municipality within Metropolitan Manila Area may levy
and collect an annual tax of one percent (1 %) on the assessed value of the real
property for the Special Education Fund in addition to the basic real propetty tax.
However, the following rules apply to a municipality not located within the
Metropolitan Manila Area:
1. It is the province and not the municipality, that has the authority to impose
the additional SEF tax;
11. The rate of the SEF tax shall not exceed one percent (1%) of the assessed
value of the subject property; and
iii. While the SEF tax is imposed by the province, Municipal Treasurers are
authorized to collect the said tax. (BLGF F1 lndorsement, March 18, 1996)
For this additional tax on idle lands, the following should be observed:
is1
SEF
193
2) In the case of subdivision lots:
1. Individual buyers shall be liable for the additional tax if the ownership
of the property has been transferred to them.
11. Subdivision owners or operators shall be liable for the additional tax
on lots whose ownership has not been transferred to individual buyers,
these lots being considered still part of the subdivision. (Sec. 237,
LGC)
1) The special levy shall not exceed sixty percent (60%) of the actual cost of such
projects and improvements, including the costs of acquiring land and such other
property in connection therewith.
2) The special levy shall not apply to lands exempt from basic real property tax and
the remainder of land portions of which have been donated to the local
government unit concerned for the construction of such projects and
improvements. (Sec. 240, LGC)
11. state the estimated cost of the public works projects or improvements;
iii. specify the metes and bounds by monuments and lines; and
194 II
1v. specify the number of annual installments for the payment of the
special levy which in no case shall be less than five (5) years nor more
than ten (10) years.
11. notify in writing the owners of the real property to be affected or the
persons having legal interest therein as to the date and place thereof
and afford the latter the opportunity to express their positions or
objections relative to the proposed ordinance. (Sec 242, LGC)
6) The special levy shall accrue on the first ( I 51) day of the quarter next following the
effectivity of the ordinance imposing such levy. (Sec. 245, LGC)
Section 171. Exemption from Real Property Tax. - The following are exempted from
payment of the real property tax:
a) Real property owned by the Republic of the Philippines or any of its political subdivisions
except when the beneficial use thereof has been granted, for consideration or otherwise, to a
taxable person. (Sec. 234 (a), LGC)
Political subdivisions of the Republic of the Philippines are the autonomous regions,
provinces, sub-provinces, cities, municipalities and barangays (Sec. 4, Book 1, E. 0. No.
292). Government-Owned or Controlled Corporations 188 are not considered political
subdivisions.
I 11 ustrati ve Cases:
I) An installment purchaser of land and building within a housing project of the GSIS is
liable to pay real estate taxes from the time possession of such property was transfeJTed to
him, although pending full payment of the purchase price, the seller GSIS retains
ownership and title over the property (G.R. No. L-29772. September 18, 1980).
Moreover, the exemption of the GSIS from the payment of all taxes, assessments, fees,
188
GOCCs
195
charges and duties of all kinds under Section 33 of its Charter has not been superseded by
the Local Government Code of 1991.(DOJ Letter, December 18, 1994 to GSIS)
2) ECO ZONE operators are exempt from real property tax by virtue of Section 24 of R.A.
No. 7916, otherwise known as the Special Economic Zone Act of 1995, creating the
EPZA, later renamed as PEZA, which states: ".... no taxes, local and national, shall be
imposed on business establishments operating within the ECOZONE. In lieu of paying
taxes, five percent (5%) of the gross income earned by all businesses and enterprises
within the ECOZONE shall be remitted to the National Government." This exemption
only applies to enterprises under PEZA. Thus, with the enactment of R.A. No. 7160, or
the Local Government Code of 1991, it is believed that PEZA is no longer exempt from
payment of realty taxes.(DOJ Letter, September 6, 1999 to PEZA, Pasay City)
Charitable institutions are those whose principal aim is to give of its material substance or
time to benefit those who are in need of such assistance, or will be benefited by such gift or
expenditure in some other way than simply by an improvement of morals. Generally, the
exemption of charitable institutions is expressly or impliedly limited to property devoted to
charitable purposes and does not include property belonging to such institutions not used for
secular or non-charitable purposes, such as property used to create revenue. (DOF
Assessment Regulations No. 3-75, February 10, 1975)
Illustrative Cases:
1) Real properties actually, directly, and exclusively used for educational purposes are
exempt from payment of real property taxes. (BLGF 5'" lndorsement, January 23, /997
to the Provincial Assessor of Romblon)
3) Further, the tax exemption granted to OAP properties in Tagaytay City cannot be applied
to OAP properties in Pasig City for the reason that, as submitted by the City Assessor, the
properties are not actually, directly, and exclusively used for educational purposes.
(BLGF 3rd Indorsement, February 9, 1999 to the City Assessor of Pasig City)
c) All machineries and equipment that are actually, directly and exclusively used by local water
districts and government-owned or controlled corporations engaged in the supply and
196
distribution of water and/or generation and transmission of electric power. (Sec. 234 (c),
LGC)
Illustrative Case:
2) Machineries declared in the name of the Bauang Private Power Corporation (BPPC) are
subject to real property tax, although engaged in the generation of electric power, as the
company is a private corporation and does not fall under the category of a government
owned and controlled corporation. (BLGF th Indorsement, July 16, J 998 to the
Provincial Assessor ofLa Union)
d) All real properties owned by duly registered cooperatives as provided under R. A. No.
6938 189. (Sec. 234 (d). LGC)
Illustrative Case:
1) All real properties owned by cooperatives duly registered with the Cooperatives
Development Authority (CDA), with minimum accumulated reserves and undivided net
savings of Ten Million Pesos (P 10,000,000.00) are exempt from payment of real
property taxes in view of the specific provisions of R. A. No. 6938, known as the
Cooperative Code of the Philippines. Also covered by this exemption are electric
cooperatives which are duly registered with the CDA pursuant to R. A. No. 6938. (BLGF
Letter dated February 26, 1993 to the Municipal Secretary ofPagudpud, !locos Norte)
e) Machinery and equipment used for pollution control and environmental protection. (Sec. 234
(e), LGC)
Illustrative Case:
The claim for exemption of DTGITEL from payment of real property taxes on properties
which are used in the operation of its business under its franchise is meritorious. (BLGF 2"d
Indorsement, January 4, 1999 to the Provincial Assessor of Batangas)
f) Except as provided herein, any exemption from payment of real. property tax previously
granted to, or presently enjoyed by, all persons, whether natural or juridical, including all
government-owned or controlled corporations are hereby withdrawn upon the effectivity of
R. A. No. 7160 or the Local Government Code of 1991. (Sec. 234 (last par.), LGC)
189
Cooperative Code of the Philippines
197
The foregoing enumeration of exemptions from real property tax is clearly exclusive considering
the provisions of the immediately preceding paragraph. (p. 322, The Local Government Code
Annotated by Nolledo)
Section 172. Withdrawal of Exemptions from Payment of Real Property Taxes. - Unless
otherwise provided in R. A. No. 7160 or the Local Government Code of 1991, tax exemptions or
incentives granted to, or presently enjoyed by all persons, whether natural or juridical, including
government owned or controlled corporations, except local water districts, cooperatives duly
registered under R.A. No. 6938, non-stock and non-profit hospitals and educational institutions,
are withdrawn upon the effectivity of R. A. No. 7160. (.')ec. 193, LGC)
Illustrative Cases:
l) The phrase, "Unless otherwise provided in R. A. No. 7160 or the Local Government Code of
1991" refers to Section 133 of the same code which exempts, among others, national
government instrumentalities from the taxing powers of local government units. (DOJ Letter,
May 13, 1993 to Duty Free Philippine)
Instrumentality refers to any agency of National Government, not integrated within the
department framework, vested with special functions or jurisdiction by law, endowed with
some if not all corporate powers, administering special funds, and enjoying autonomy,
usually through a charter. The term includes regulatory agencies, chartered institutions and
government owned or controlled corporations. (Sec. 2 (I 0), Introductory Provisions,
Administrative Code of 1987)
2) Local governments do not have the authority to grant exemptions from real property taxes to
those which are not expressly exempted by the Local Government Code of 1991, otherwise,
they will be exercising the power of amending laws or acts enacted by Congress. (BLGF 3rd
lndorsement, May 27, 1998)
3) McArthur Park and Beach Resort, although a subsidiary of the Philippine Tourism Authority,
a government-owned or controlled corporation, is subject to the payment of real property and
other local taxes. (BLGF 3rd lndorsement, April 11, 1997 to the Provincial Assessor of
Tacloban City)
4) Section 234 of the Local Government Code of 1991, evidently withdrew the tax exemption
privileges granted to GOCCs like the Land Bank of the Philippines (LBP) and the
Government Service Insurance System (GSIS). Accordingly, the subject properties of the
LBP and the GSIS are liable for the payment of real property tax effective January l , 1992.
(BLGF 211d lndorsement, Februa,y 22, 1993; BLGF
1 lndorsement, April 26, 1994; and
r
s
BLGF l , Jndorsement, October. 5, 1998)
5) Real properties of Philippine Telegraph and Telephone Corporation (PT&T) shall be liable
for the payment of real property taxes beginning January 1, 1992. However, commencing
198
January 1, 1993, the year after the franchise of SMART took effect, real properties of PT&T
which are directly used in the operation of its franchise are exempt from payment of real
property taxes in view of the equality of treatment clause found in Section 14 of its franchise.
R. A. Nos. 7294 190, 7692 191 and 7678 192 granted SMART, Bell Telecommunications
Philippines, Inc, and DIGITEL the privilege to enjoy real prope1iy tax exemptions on their
real properties used in connection with the operation of their franchises. All other properties
of these companies shall remain taxable. (BLGF t'' Indorsement, Februmy 14, 1995; and
BLGF 2nd Indorsement, January 4, 1999)
6) The withdrawal of exemptions by the Local Government Code of 1991 did not, however,
affect the status of real property owned by embassies, consulates, and other diplomatic
offices. These are deemed part of the territory of the country they represent and, therefore,
are exempt from any national or local taxes based on the generally accepted principle that the
tax laws of one country are not applicable in another. (BLGF 2nd Indorsement, February 10,
1993 to the Municipal Treasurer of Makati)
Section 173. Date of Accrual of Real Property Tax. - The real property tax for any year shall
accrue on the first (1st) day of January and from that date it shall constitute a lien on the property
which shall be superior to any other lien, mortgage, or encumbrance of any kind whatsoever, and
shall be extinguished only upon the payment of the delinquent tax. (Sec. 246, LGC)
a) Responsibility of Local Treasurers to Collect. - The collection of the real property tax
with interest thereon and related expenses, and the enforcement of the remedies provided for
in Title l 1 93, Book lI of R. A. No. 7160 or the Local Government Code of 1991, or any
applicable rules and regulations shall be the responsibility of the City or Municipal Treasurer
concerned. (Sec. 247 (t�1 par.), LGC)
Illustrative Case:
1) There is no need for the Sangguniang Bayan to enact a resolution for the purpose (411,
lndorsement, June 2, 1994), and Municipal Treasurers of municipalities outside Metro
Manila Area, but within a province are delegated the authority to collect realty tax
pursuant to Section 247 of the Local Government Code of 1991 (DOF Opinion, July 28,
199R).
190
An Act Granting Smart Information Technologies, Inc. (SMART), a Franchise to Establish, Install, Maintain,
lease, and Operate Integrated Telecommunications/Computer/Electronic Services.
191
An Act Granting to Bell Telecommunications Philippines, Inc., a Franchise to Install, Operate and Maintain
Telecommunications Systems Throughout the Philippines andfor other Purposes.
192
An Act Granting the Digitel Telecommunications Philippines, Inc., a Franchise to Install, Operate and Maintain
Telecommunications Systems Throughout the Philippines andfor Other Purposes.
193
Real Property Taxation
199
b) Deputization of Barangay Treasurers. -The City or Municipal Treasurer may deputize the
Barangay Treasurer to collect all taxes on real property located in the barangay: Provided,
That the Barangay Treasurer is properly bonded for the purpose. Provided, further, That the
premium on the bond shall be paid by the city or municipal government concerned. 194 (Sec.
247 (rd par.), LGC)
c) Assessor to Furnish Local Treasurer with Assessment Roll. - The Provincial, City or
Municipal Assessor shall prepare and submit to the Treasurer of the local government unit,
on or before the thirty-first (31st) day of December of each year, an assessment roll
containing a list of all persons whose real properties have been newly assessed or re-assessed
and the values of such properties. (Sec. 248, LGC)
Section 175. Procedures for Collection of Real Property Tax. - The City and Municipal
Treasurers shall adopt the following procedures in the collection of real property taxes:
1) For Current Year: Notice of Time for Collection of Tax. -The City or Municipal
Treasurer shall, on or before the thirty first (31sr) day of January each year, in the case
of the basic real property tax and the additional tax for the SEF or on any other date
to be prescribed by the sanggunian concerned in the case of any other tax levied
under Title 2, Book II of R. A. No. 7160 or the Local Government Code of 1991, post
the notice of the dates when the tax may be paid without interest at a conspicuous and
publicly accessible place at the city or municipal hall. Said notice shall likewise be
published in a newspaper of general circulation in the locality once a week for two (2)
consecutive weeks. (Sec. 249, LGC)
B. Issuance of Notice to the Taxpayer or the Real Property Tax Bill. - The Local Treasurer
concerned shall reflect in the Real Property Tax Bill 196 to be sent to the taxpayer the real
194
The appropriate mechanisms and safeguards regarding collections, remittances and other accountabilities of
deputized Barangay Treasurers are discussed in full in Chapter 2, Book II of this Manual, consistent with the
provisions of the Systems and Procedures Manual on the Management of Barangay Funds and Property issued by
the Commission on Audit.
195
See Sec. 184, this Manual
196
RPTB, LTO Form 89
200
property tax due for his property for the current year and the delinquent taxes due for the
previous year or years.
C. Where Real Property Taxes May Be Paid. - Real property taxes shall be paid to the Office
of the City or Municipal Treasurer of the city or municipality where the real property is
located. Property owners, however, at their option or convenience, may pay their real
property taxes to the Office of the Provincial Treasurer of the province to which the
municipality where the property is located, belongs. (Art. 338, IRR, implementing Sec. 247,
LGC)
Real property taxes for properties located in a city or a municipality within the Metropolitan
Manila Area, shall be paid with the Office of the City or Municipal Treasurer concerned.
Real property taxes may also be paid to the Barangay Treasurer deputized to collect the same
for properties located within the barangay concerned in accordance with Section 247 of R.
A. No. 7160 or the Local Government Code of 1991. 197
Section 176. Payment of Real Property Taxes in Installments. - (a) The owner of the real
property or the person having legal interest therein may pay the basic real property tax and the
additional tax for Special Education Fund (SEF) due thereon, without interest, in four (4) equal
installments, to be due and payable as follows:
1
st
Installment on or before the thirty-first (31st) of March
3
rd
Installment on or before the thirtieth (30th) of September
4
th
Installment on or before the thirty-first (31st) of December
(b) In the implementation of the installment scheme in the collection of real property taxes, the
following shall be observed:
1. Payments of real property taxes shall first be applied to prior years' delinquencies,
interests and penalties, if any and only after said delinquencies are settled may tax
payments be credited for the current year.
11. The date for the payment without interest of any other tax imposed under Title 2,
Book II of R. A. No. 7160 or the Local Government Code of 1991 shall be prescribed
by the sanggunian concerned.
iii. Excluded from the above schedule of payments is the special levy on properties
benefited by development, the payments of which shall be governed by the schedule
197
See Section 174 (b), this Manual
201
specified in the enabling ordinance enacted by the sanggunian concerned. (Sec. 250,
LGC)
Illustrative Case:
1) The payment of quarterly installments having been fixed by law, cannot be extended by way
of a local ordinance. (BLGF rd lndorsement, June 14, 1994 to the Treasurer ofJloilo City)
Section 177. Tax Discount for Advanced Prompt Payment. - (a) If the basic real property
tax and the additional tax accruing to the SEF are paid on time or in advance in accordance with
the prescribed schedule of payment as provided in Section 250 of R. A. No. 7160 or the Local
Government Code of 1991, 198 the sanggunian concerned may grant a discount not exceeding
twenty percent (20%) of the annual tax due.
(b) For purposes of this section, prompt payments may be given a discount of ten percent
(10%), while advanced payments may be entitled to the maximum discount of twenty percent
(20%). (Art. 342, IRR, implemenhng Sec. 251, LGC]
( c) The tax discount rates shall be specified in an appropriate ordinance enacted by the
sanggunian of the local government unit concerned. ln the absence of an appropriate ordinance,
the discounts shall not be granted.
Illustrative Cases:
l) The grant of discounts should be effected only if the same are provided for in a duly enacted
ordinance of the Sangguniang Pan!ungsod. (BLGF 1st Jndorsement, January 26, 1994 to the
Cify Treasurer ofAnge/es City)
198
See Sec. 176, this Manual
202
2) In granting discounts, the basic real property tax and the SEF tax should be treated separately
and independent of each other. (BLGF 3rd Indorsement, August 12, 1997 to the Municipal
Treasurer of Valenzuela, Metro Manila)
a) No protest shall be entertained unless the taxpayer first pays the tax. There shall be annotated
on the tax receipt the words, "paid under protest".
b) The protest shall be in writing and must be filed within thirty (30) days from payment of the
tax to the Provincial, City Treasurer, or Municipal Treasurer in the case of a municipality
within Metropolitan Manila Area, who shall decide the protest within sixty (60) days from
receipt. (Sec. 252 (a), LGC)
c) The tax or a portion thereof paid under protest shall be held in trust by the Local Treasurer
concerned (Sec. 252 (b), LGC). However, fifty percent (50%) of the tax paid under protest
shall be distributed in accordance with Sec. 271 of R. A. No. 7160 or the Local Government
Code of 1991, on the distribution of proceeds. (Art. 343 (b), IRR, implementing Sec. 252 (b),
LGC)
d) In the event that the protest is finally decided in favor of the taxpayer, the amount or portion
of the tax protested shall be refunded to the protestant, or applied as tax credit against his
existing or future tax liability (Sec. 252 (c), LGC). A cash refund is applicable only if the
taxpayer has no tax liability on the subject property.
e) In the event that the protest is denied or upon the lapse of the sixty (60)-day period
prescribed in sub-paragraph (a) of Section 252 of R. A. No. 7160 or the Local Government
Code of 1991 199, the taxpayer may avail of the remedies as provided for in Chapter 3, Title 2,
Book Il of the same code. (Sec. 252, LGC)
Illustrative Case:
Under the aforementioned MOA, the amount of ¥ 400M was considered as partial
payment under protest which as per the provisions of pars. (b) and (c) of Section 252 of
R. A. No. 7160, otherwise known as the Local Government Code of 1991200, should be
accounted for in the Trust Fund, so that,. in the event that the protest is resolved with
finality in favor of Mirant, the same shall be ready for refund or for application as tax
credit against any existing or future tax liability thereof.
199
See Sec. 178 (b), this Manual
200
See Sec. 178 (c) and (d), this Manual
203
Applying the provisions of Article 343, IRR of the Local Government Code of 1991, to
the query at hand, 50% of the realty taxes paid under protest shall be held in trust and the
remaining 50% shall be distributed in accordance with the sharing or distribution of
proceeds of real property taxes specified under Section 271201 of the same code as
r
implemented by par. (a), Art. 362 of the same IRR. (BLGF 1 lndorsement, February 13,
2006 to the Municipal Treasurer ofPagbilao, Quezon)
Section 179. Repayment of Excessive Collections. - (a) When an assessment of the basic real
property tax, or any other tax levied under the Title 2, Book II of R. A. No. 7160 or the Local
Government Code of 1991, is found to be illegal or erroneous and the tax is accordingly reduced
or adjusted, the taxpayer may file a written claim for refund or credit for taxes and interests with
the Provincial or City Treasurer within two (2) years from the date the taxpayer is entitled to
such reduction or adjustment.
(b) The Provincial or City Treasurer, shall decide the claim for tax refund or credit within sixty
(60) days from receipt thereof. In case the claim for tax refund or credit is denied, the taxpayer
may avail of the remedies as provided in Chapter 3, Title 2, Book II of R. A. No. 7160 or the
Local Government Code of 1991. (Sec. 253, LGC)
(c) In case of tax credit, a Certificate of Tax Credit202 shall be issued to the property owner or
to the person having legal interest therein.
Illustrative Case:
1) In one instance, there was merit in the request of the Asian Terminals, Inc., for the re
computation of its real property tax and any excess payment should be treated as tax credit
against the future real property tax liabilities of the said company. (BLGF Letter, February
24, 1997 to the City Treasurer ofManila)
Section 180. Interest on Delinquent Real Property Tax. - In case of failure to pay the basic
real property tax or any other tax levied under Title 2, Book II of R. A. No. 7160 or the Local
Government Code of 1991, upon the expiration of the periods as provided in Section 250 of the
same code203, or when due, as the case may be, shall subject the taxpayer to the payment of
interest at the rate of two percent (2%) per month on the unpaid amount or a fraction thereof,
until the delinquent tax shall have been fully paid: Provided, however, That in no case shall the
total interest on the unpaid tax or portion thereof exceed thirty six (36) months. (Sec. 255, LGC)
201
See Sec. 193, this Manual
202
LTO Form 101
203
See Sec. 176, this Manual
204
l) The accrual of the tax means that it has become due and payable. The words, "due and
demandable" can merely denote the existence of a simple indebtedness without reference to
the time of payment; they do not necessarily have to refer to the time limit or the date on
which taxes must be paid. (Commissioner of Internal Revenue v. Visayan Electric Co., May
27, 1968)
2) A taxpayer is delinquent if he fails to pay his taxes within the period fixed by statute or
executive order. (US. v. Estavillo, 19 Phil. 478)
3) Tax delinquencies incurred before the effectivity ofR. A. No. 7160 or the Local Government
Code of 1991, shall be governed by the provisions of applicable laws then in force; the
computation of penalties for delinquent real property taxes for CYs 1992 to 1994 should be
based on the provisions of Section 255 of the Local Government Code of 1991, providing for
a 2% interest rate per month on the unpaid amount but in no case to exceed thirty-six (36)
months. (BLGF 211d Indorsement, October 30, 1995 to the Provincial Treasurer of South
Cotabato)
A. Computation of the Basic Tax and SEF. - In computing the basic real property tax and the
tax accruing to the Special Education Fund, the following basic components should be noted:
1. The Assessed Value of the real property shall be taken from the Assessment
Roll submitted by the Local Assessor concerned.
11. The applicable Tax Rate shall be the rate fixed for the subject property by the
approved tax ordinance of the local government unit concerned.
Following are the formulas for the Basic Tax and SEF:
B. Computation of the Tax Discount for Advanced and Prompt Payment. - The fo1mula for
the tax discount is as follows:
205
C. Computation of the Interests Due on Unpaid Taxes. - The following formula shall guide
the computation of interests to be paid on delinquent real property taxes:
1) For Real Property Taxes Delinquent for Any Period Up to Thirty-Six (36) Months:
A. R. A. No. 8792. - With the effectivity of R. A. No. 8792204 (E-Commerce Law), the
government has recognized the use of electronic data messages or documents in facilitating
and effecting its commercial and non-commercial transactions. Ever since the government
institutionalized the present system of collecting internal revenue taxes and customs duties
through the banking facilities of authorized agent banks, it is expected that local government
units, in the acceptance of local tax payments by selected depository banks, would eventually
follow the same system. 205
204
An Act Providing.for the Recognition and Use ofElectronic Commercial and Non-Commercial Transactions,
Penalties.for Unlawfi.tl Use there<�t: and Other P111poses.
205
Quezon City has pioneered the system of acceptance of Real Property Tax through the Over-the-Counter
payment in accredited banks.
206
a) Enactment of Ordinance. - The sanggunian shall enact the appropriate local
ordinance, authorizing the Local Treasurer to accept, as an alternate mode of tax
collection, over-the-counter payments by taxpayers in accredited government
depository banks of local government units.
I) Only real property taxes for the current year shall be eligible for Over-the-Counter
Payment206 in the Acceptee Bank. All delinquent accounts shall continue to be paid
directly to the cashiers/tellers of the Local Government Unit.
2) The Local Government Unit shall send the Real Property Tax Bill to the taxpayer either
through the mail or courier, or through personal delivery, which shall be the basis for the
Over-the-Counter Payment to the Acceptee Bank. The Real Property Tax Bill may be
obtained by the taxpayer or his duly authorized representative directly from the Local
Government Unit.
3) The Bills Payment Slip207 issued by the Acceptee Bank shall be duly accomplished by the
taxpayer for all payments to be made. The Bills Payment Slip shall indicate the
taxpayer's name, the specific tax to be paid, the taxable year and the amount of tax. The
Bills Payment Slip shall also contain the bank account number of the Local Government
Unit to which all tax payments shall be credited.
206
OCP
201
BPS
207
4) The taxpayer shall pay the real property tax to the teller of the Acceptee Bank, supported
by the Real Property Tax Bill and the duly accomplished Bills Payment Slip.
5) The teller of the Acceptee Bank shall accept the tax payment and shall validate the Real
Property Tax Bill and the Bills Payment Slip. The validated Real Property Tax Bill and
the Bills Payment Slip shall be returned to the taxpayer.
6) The following banking day, the Acceptee Bank shall generate and send to the Local
Government Unit an Abstract of Collection Report208 of the day's transactions via e-mail
or FTP.
7) The Local Government Unit may then view and/or print the Abstract of Collection
Report.
8) The Local Government Unit may also be provided by the Acceptee Bank with an on-line
banking facility which can be used to view and download the Local Government Unit's
Statement of Account209 to enable the Local Government Unit to have real-time data on
all Real Prope1ty Tax collections made by the Acceptee Bank.
A. Administrative· and Judicial Remedies. - For the collection of the basic real property tax
and any other tax levied under Title 2, Book 11 of R. A. No. 7160 or the Local Government
Code of 1991, the local government unit concerned may avail of the remedies by
administrative action through levy on real property or by judicial action. (Sec. 256, LGC)
B. Local Government's Lien. - The basic real property tax and any other tax levied under Title
2, Book 11 of R. A. No. 7160 or the Local Government Code of 1991, constitutes a lien on
the property subject to tax, superior to all liens, charges or encumbrances in favor of any
person, irrespective of the owner or possessor thereof, enforceable by administrative or
judicial action, and may only be extinguished upon payment of the tax and the related
interests and expenses. (Sec. 257, LGC)
20s
ACR
209
SOA
210
LTO Form 90
208
D. Availment of Remedies. - When the real property tax and any other tax levied under Title 2,
Book II ofR. A. No. 7160 or the Local Government Code of 1991, becomes delinquent upon
the expiration of the one (I) year period from the time the tax becomes due and payable, the
local government unit concerned, through the Office of the Provincial or City Treasurer, or
the Municipal Treasurer of a municipality within Metropolitan Manila Area, may avail of
remedies by administrative or judicial action.
The foregoing remedies are cumulative, simultaneous and unconditional, that is, any or all of
them or a combination thereof may be resorted to and the use of one remedy shall not be a
bar against the institution of the other. Formal demand for the payment of the delinquent
taxes and penalties due is not a prerequisite to such remedies. The Notice of Delinquency
required under Section 254 ofR. A. No. 7160 or the Local Government Code of 1991211 shalJ
be sufficient for the purpose. (Art. 347, IRR, implementing Sec. 256, LGC)
E. Periods Within Which to Collect Real Property Taxes. - The basic real prope11y tax and
any other tax levied under Title 2, Book II ofR. A. No. 7160 or the Local Government Code
of 1991, shall be collected within five (5) years from the date they become due. No action for
the collection of the tax, whether administrative or judicial· shall be instituted after the
expiration of such period. In case of fraud or intent to evade payment of the tax, such action
may be instituted for the collection of the same within ten (10) years from the discovery of
such fraud or intent to evade payment.
The period of prescription within which to collect shall be suspended for the time during
which:
1) The Local Treasurer i.s legally prevented from collecting the tax;
2) The owner of the property or the person having legal interest therein requests for re
investigation and executes a waiver in writing before the expiration of the period
within which to collect; and
3) The owner of the property or the person having legal interest therein is out of the
country or otherwise cannot be located. (Sec. 270, LGC)
Illustrative Cases:
211
See Sec. 186 (}), this Manual
209
l) Providing a prescriptive period is beneficial to the taxing authority since Local Treasurers
are compelled to collect taxes promptly. However, the Local Government Code of 1991
does not clearly provide as to when the Local Treasurer can perfonn his/her function in
order to say that he/she collects promptly. 212
2) If the Local Treasurer sends notice of delinquency and/or demand letter for the payment
of the delinquent taxes in observance of due process preparatory to the application of the
administrative remedies in the collection of delinquent taxes provided in the law, the
prescriptive period of five (5) years for the collection of taxes shall not start to run. It is
only when the Local Treasurer concerned neglected to perform his mandated duties that
he shall be faulted, giving rise to said prescriptive period under the law. Otherwise,
taxpayers may circumvent the law by not paying their taxes until the collection of the
same prescribes. (BLGF 211d Indorsement, October 16, 1997 to the Provincial Treasurer
of Bataan)
3) BLGF has clarified and stressed in several opinions that the five-year prescriptive period
was provided only to enforce the collection of real property taxes within a specific period
of time. Thus, Local Treasurers cannot execute administrative or judicial remedi.es after
the lapse of the five-year period, but it does not mean that Local Treasurers can no longer
collect delinquent taxes accruing for the period. (BLGF F' lndorsement, March 12, 1996
to the Provincial Treasurer ofZamboanga def Sur,· and BLGF 3rd Indorsement, January
26, 1998 to the Treasurer of Cebu City)
4) Delinquent real property taxes prior to the effectivity of R. A. No. 7160 or the Local
Government Code of 1991 were imprescriptible because Section 270 thereof is
prospective in application. Hence, the collection of real property taxes that accrued prior
to the effectivity on Janua1y 1, 1992 of the Local Government Code of 1991, shall be
governed by the Real Property Tax Code or P. D. No. 464, as amended. (BLGF 4'h
Indorsement, June 2, 1994 to the Provincial Treasurer of Pampanga)
5) It is clear, explicit and mandatory from the provisions of Section 270 that real property
tax shall be collected within five (5) years from the date they become due. No action for
the collection of the tax, that is, administrative action and/or civil action shall be
instituted after the expiration of such period. Accordingly, failure to collect the real
property tax within 5 years from the date it becomes due will bar the collection thereof
even by administrative or judicial means, unless the 5-year prescriptive period was
suspended under the circumstances specified.
In the event of fraud or intent to evade payment of real property tax, however, the 3 rd
sentence of Section 270 provides that the action for the collection of the tax may be
instituted within ten (10) years from the date of the discove1y of such fraud or intent to
212
p. 6, Implications ofSection 270 of the Local Government Code (LGC) Re: Periods within which to Collect Real
Property Taxes, March IO. 2005, study by the National Tax Research Center (NTRC), DOF.
210
evade payment, unless the period is suspended also under the circumstances specified.
The action for the collection of the tax refers to administrative and civil actions. Tersely
stated, if fraud or intent to evade payment exists, the real property tax may be collected
within the 10-year period by means of administrative action and/or civil action. Please
take into account that fraud is a question of fact that must be alleged and proved. It is a
serious charge and, to be sustained, it must be supported by clear and convincing proof.
(BLGF Letter, May 22, 2007 to the T1:easurer o.f Quezon City)
F. Cost of Collection. - The Local Treasurer may, by ordinance duly approved, advance an
amount sufficient to defray the costs of collection through the remedies provided in Title 2,
Book II of R. A. No. 7160 of the Local Government Code of 1991213, including the expenses
of advertisement and sale. (Sec. 260, LGC)
The cost of collections, however, shall be recovered by the local government unit from the
proceeds of the sale or auction of the properties levied. 214
Section 185. Condonation or Reduction of Real Property Tax and Interest. - In case of a
general failure of crops or substantial decrease in the price of agricultural or agri-based products,
or calamity in any province, city, or municipality, the sanggunian concerned, by ordinance
passed prior to the first day of January of any year and upon recommendation of the Local
Disaster Coordinating Council, may condone or reduce, wholly or partially, the taxes and interest
thereon for the succeeding year or years in the city or municipality affected by the calamity.
(Sec. 276, LGC)
Section 186. Pre-Auction Sale Notice of the Delinquency. - When the real property tax or
any other tax under Title 2, Book I I of R. A. No. 7160 or the Local Government Code of 1991,
becomes delinquent, the Provincial, City or Municipal Treasurer shall:
1v. That anytime before the distraint of personal property, payment of the
delinquent tax with surcharges, interests and penalties may be made in
213
See Sec. 187 and Sec. 188, this Manual
214
Expenses ofsale are included in the determination of the auction price and the redemption price.
215
LTO Form 93
211
accordance with Section 255 ofR. A. No. 7160 or the Local Government
Code of 1991; 216and
v. That unless the tax, surcharges and penalties are paid before the expiration
of the year for which the tax is due the delinquent real property will be
sold at public auction, except when the notice of assessment or special
levy is contested administratively or judicially pursuant to the provisions
of Chapter 3, Title 2, Book II ofR. A. No. 7160 or the Local Government
Code of 1991; and the title to the property will be vested in the purchaser,
subject, however, to the right of the delinquent owner of the property or
any person having legal interest therein to redeem the property within one
(]) year from the date of sale.
2) Posting of the Notice of Realty Tax Delinquency. - Post the Notice ofRealty Tax
Delinquency at the main entrance of the provincial capitol, city or municipal hall and
in a publicly accessible and conspicuous place in each barangay of the local
government unit concerned.
3) Publication of the Notice ofRealty Tax Delinquency. - Publish the Notice ofRealty
Tax Delinquency once a week for two (2) consecutive weeks, in a newspaper of
general circulation in the province, city, or municipality within Metropolitan Manila
Area. (Sec. 254, LGC)
4) Service of the Notice of Realty Tax Delinquency. - A copy of the Notice ofRealty
Tax Delinquency shall be mailed to or served personally to the delinquent real
property owner-taxpayer or any person having legal interest therein.
5) The Local Treasurer may continue to communicate with the delinquen� real property
owner-taxpayer on the possibility of a compromise agreement by virtue �of an
ordinance duly enacted for the purpose. 217
A. Levy on Real Property. - (a) After the expiration of the time required to pay the basic real
property tax or any other tax levied under Title 2, Book II of R. A. No. 7160 or the Local
Government Code of 1991, real property subject to such tax may be levied upon through the
issuance of a warrant on or before, or simultaneously with, the institution of the civil action
for the collection of the delinquent tax.
(b) Levy on real property shall be made in the manner herein set forth:
Judicial and Administrative Remedies in the Collection ofDelinquent Real Property Tax Pursuant to R. A. No.
217
7160 or the Local Government Code of 1991, Renee Tan Empaces, Assistant Regional Director and ICO
Regional Director, BLGF Regional Office No. VII, Cebu City.
212
1) Warrant of Levy. - The Provincial or City Treasurer, or Treasurer of a municipality
within the Metropolitan Manila Area when issuing a Warrant of Levy218 shall
prepare the duly authenticated certificate showing:
1. The name of the delinquent property owner or person having legal interest
therein;
iii. The amount of the tax due and the interest thereon.
6) Service of Warrant ofLevy. - The Warrant of Levy shall be mailed to or served upon
the delinquent real property owner or person having legal interest therein, or in case
he is out of the country or cannot be located, to the administrator or occupant of the
property.
7) Notice ofLevy to the Local Assessor and the Registrar ofDeeds. - At the same time,
written Notice of Levy219 with the attached copy of the Warrant of Levy shall be
mailed to or served upon the Local Assessor and the Registrar of Deeds of the
province, city or a municipality within the Metropolitan Manila Area where the
property is located, who shall annotate the levy on the Tax Declaration and the
r'
Certificate of Title to the property, respectively. (Sec. 258 par., LGC)
8) Report on the Levy to the Sanggunian. - The levying officer shall submit a report on
the levy to the sanggunian concerned within ten ( 10) days after the receipt of the
Warrant of Levy by the owner of the property or person having legal interest therein.
(Sec. 258 2nd, LGC)
B. Advertisement of Sale. - Within thirty (30) days after service of the Warrant of Levy, the
Local Treasurer shall proceed to publicly advertise for sale or auction the property or a
usable portion thereof as may be necessary to satisfy the tax delinquency and expenses of
sale which shall be effected by the issuance of a Notice of Sale and the posting and
publication thereof.
6) Notice of Sale. - The Notice of Sale shall be issued by the Local Treasurer,
specifying therein the following:
218
LTO Form 92
219
LTO Form 93
213
111. date and place of sale;
1v. name of the owner of the delinquent real property tax or any person
having legal interest therein; and
9) Posting ofNotice ofSale. - The Notice of Sale shall be posted at the main entrance of
the provincial capitol, city or municipal hall, and in a publicly accessible and
conspicuous place in the barangay where the real property is located; and
10) Publication of Notice of Sale. - The Notice of Sale shall be published once a week
for two (2) weeks in a newspaper of general circulation in the province, city or
municipality where the property is located.
11) Notice ofPublication and Sale. - A Notice of Publication and Auction Sale220 shall
be issued to the delinquent real property owner/taxpayer concerned, informing him
which newspaper of general circulation the Notice of Sale was published; the dates of
such publication; and the time, date and place where the public auction will be
conducted.
I2)Proof of Service. - The officer serving the Warrant of Levy, Notice of Levy, and
Notice of Publication and Sale shall accomplish a Proof of Service22 1 thereon and
submit the same to the Local Treasurer concerned.
13) Certificate of Release. - At any time before the date fixed for the sale, the owner of
the real property or person having legal interest therein may stay the proceedings by
paying the delinquent tax, the interest due thereon and the expenses of sale (Sec. 260
(F' par.), LGC). A Certificate of Release shall be issued thereby by the Local
Treasurer concerned, together with the official receipt and tax clearance which shall
in effect extinguish the tax lien on the property.222
I
I
C. Sale. -
220
LTO Form 94
221
LTO Form 95
222
Judicial and Administrative Remedies in the Collection ofDelinquent Real Property Tax Pursuant to R. A. No.
7160 or the Local Government Code of 1991, Renee Tan Empaces, Assistant Regional Director and lCO
Regional Director, BLGF Regional Office No. VII, Cebu City.
214
The sale shall be conducted in accordance with the following details specified in the
Notice of Sale:
a) Date of Sale. - The sale by auction shall be held after the Warrant of Levy
shall have been served to the delinquent owner of the real property or any
person having legal interest therein or to the administrator or occupant
thereof; and after the advertisement of the sale shall have been complied with.
b) Place of Sale. - The sale shall be held either at the main entrance of the
provincial capitol, city or municipal hall, or on the property to be sold, or at
any other place as specified in the Notice of Sale. (Sec. 260 (I'�' par.), LGC)
15) Report of the Sale to the Sanggunian. - Within thirty (30) days after the sale, the
Local Treasurer or his deputy shall make a report of the sale to the sanggunian
concerned, which shall form part of his records. (Sec. 260 (2nd par.), LGC)
16) Certificate of Sale. - The Local Treasurer shall likewise prepare and deliver to the
purchaser a Certificate of Sale of Delinquent Property223 which shall contain the
name of the purchaser, a description of the property sold, the amount of the
delinquent tax, the interest due thereon, the expenses of sale and a brief description of
the proceedings. (Sec. 260 (2'"1 par.), LGC)
17) Remittance of nxcess Payment. - Proceeds of the sale in excess of the delinquent tax,
the interest due, and the expenses of sale shall be remitted to the owner of the real
property or person having legal interest therein. (Sec. 260 (211d par.), LGC)
18) Certifl.cate of Redemption. - Within one (1) year from date of sale, the owner of the
delinquent property or person having legal interest therein, or his representative, shall
have the right to redeem the property upon payment to the Local Treasurer of the
amount of the delinquent tax, including the interest due thereon and the expenses of
the sale from the date of delinquency to the date of sale, plus interest of not more than
two percent (2%) per month on the purchase price from the date of sale to the date of
redemption. Such payment shall invalidate the Certificate of Sale issued to the
purchaser and the owner of the delinquent real property or person having legal
interest therein shall be entitled to a Certificate of Redemption224 which shall be
issued by the Local Treasurer or his deputy.
From the date of sale until the expiration of the period of redemption, the delinquent
real property shall remain in the possession of the owner or person having legal
223
LTO Form 96
224
LTO Form 97
215
!. -
interest therein, who shall be entitled to the income and other fruits thereof. (Sec. 261
F' and 211d pars., LGC)
19) Notice of Redemption. - Upon redemption of the delinquent real property by the
owner or person having legal interest therein, the Local Treasurer or his deputy shall
issue to the purchaser the Notice of Redemption225 to inform him of such redemption
and request him to return the Certificate of Sale that had been issued.
The Local Treasurer or his deputy, upon receipt from the purchaser of the Certificate
of Sale, shall forthwith return to the latter the entire amount paid by him plus interest
of not more than two percent (2%) per month. Thereafter, the property shall be free
from the lien of such delinquent tax, interest due, and expenses of sale. (Sec. 261 3rd
par., LGC)
20) Final Deed ofSale. - In case the owner or person having legal interest therein fails to
redeem the delinquent property, the Local Treasurer shall execute a Final Deed of
Sale,226 conveying to the purchaser said property, free from lien of the delinquent tax,
interest due thereon and expenses of sale. The deed shall briefly state the proceedings
upon which the validity of the sale rests. (Sec. 262, LGC)
The steps in executing the deed of conveyance of the property shall be as follows:
I) The Local Treasurer concerned shall request the owner of the auctioned property
to surrender the delinquent property and the owner's duplicate copy of Title and
the Tax Declaration.
2) The owner's duplicate copy of Title and the Tax Declaration shall be attached to
the Final Deed of Sale
I
3) The above documents shall be submitted to the Registrar of Deeds for the
consolidation of the title, after which the Local Assessor shall issue a new Tax
Declaration in the name of the new owner.
F. Purchase of Property by the Local Government Units for Want of Bidder. - (a) In case
there is no bidder for the real property advertised for sale as provided herein, or where the
highest bid is for an amount insufficient to pay the real property tax and the related interest
and costs of sale, the Local Treasurer conducting the sale shall purchase the property in
behalf of the local government unit concerned to satisfy the claim and within two (2) days
thereafter shall make a report of his proceedings which shall be reflected upon the records of
his office.
225
LTO Form 98
226
LTO Form 99
216
(b) It shall be the duty of the Registrar of Deeds concerned, upon registration with his office
of any such declaration of forfeiture to transfer the title of the forfeited property to the local
government unit concerned without the necessity of an order from a competent court. (Sec.
263 ]st par., LGC)
(c) Within one (1) year from the date of such forfeiture, the taxpayer or any of his
representative, may redeem the property by paying to the Local Treasurer the full amount of
the real property tax and the related interest and costs of the sale.
If the property is not redeemed as provided herein, the ownership shall be fully vested on the
local government unit concerned. (Sec. 263 2nd par., LGC)
G. Resale of Real Estate Taken for Taxes, Fees or Charges. - The sanggunian concerned
may, by ordinance duly approved, and upon notice of not less than twenty (20) days, sell and
dispose of the real property acquired under Section 263 of R. A. No. 7160 or the Local
Government Code of 1991227at public auction. The proceeds of the sale shall accrue to the
General Fund of the local government unit concerned. (Sec. 264, LGC)
H. Further Distraint or Levy. - Levy may be repeated if necessa1y until the full amount due,
including all expenses, is collected. (Sec. 265, LGC)
I. Effect of Warrant of Levy. -The Warrant of Levy issued in accordance with Section 258 of
R. A. No. 7160 or the Local Government Code of 1991,228 shall operate with the force of a
legal execution throughout the province, city or municipality within the Metropolitan Manila
Area. (Sec. 258, F1 par., LGC)
Section 188. Collection of Real Property Tax Through the Courts. - (a) The local
government unit concerned may enforce the collection of the basic real property tax or any other
tax levied under Title 2, Book II of R. A. No. 7160 or the Local Government Code of 1991, by
civil action in any court of competent jurisdiction. The civil action shall be filed by the Local
Treasurer within the period prescribed in Section 270 of the same Code.229 (Sec. 266, LGC)
(b) The delinquent basic real property tax or any other tax levied under Title 2, Book II of R. A.
No. 7160 or the Local Government Code of 1991, shall constitute indebtedness of the taxpayer to
the LGU, hence, collection of such indebtedness can be enforced through civil action in any
court of competent jurisdiction, observing the following:
227
See Sec. 187 (F), this Manual
228
See Sec. 187 (A) (b) (1), this Manual
229
See Sec. 184 (E), this Manual
217
shall file the civil action in the name of the province, city or municipality in the proper
court of competent jurisdiction. The jurisdiction of the court is detennined by the amount
sought to be recovered exclusive of interests and costs.
Section 189. Action Assailing Validity of Tax Sale. - No court shall entertain any action
assailing the validity of any sale at public auction of real property or rights therein under Title 2,
Book II of R. A. No. 7160 or the Local Government Code of 1991, until the taxpayer shall have
deposited with the court the amount for which the real property was sold, together with interest
of two percent (2%) per month from the date of sale to the time of the institution of the action.
The amount so deposited shall be paid to the purchaser at the auction sale if the deed is declared
invalid but it shall be returned to the depositor if the action fails.
Neither shall any court declare a sale at public auction invalid by reason of irregularities or
informalities in the proceedings unless the substantive rights of the delinquent owner of the real
property or the person having legal interest therein have been impaired. (Sec. 267, LGC)
Section 191. Compromise Agreement. - In case the Local Treasurer finds that a Compromise
Agreement230 on the collection of the delinquent real property tax is warranted, representations
may be made to the sanggunian for the purpose of issuing a resolution or enacting an ordinance,
authorizing the Local Treasurer to enter into such agreement.
23
° CA, LTO Form JOO
218
months, or both such fine and imprisonment, at the discretion of the court. (Sec. 519,
LGC)
2) Penalty for Failure to Issue and Execute Warrant - Without prejudice to criminal
prosecution under the Revised Penal Code and other applicable .Jaws, any Local Treasurer
or his deputy who fails to issue or execute the Warrant of Levy within one ( l) year from
the time the tax becomes delinquent or within thirty (30) days from the date of issuance
thereof, or who is found guilty of abusing the exercise thereof in an administrative or
judicial proceeding shall be dismissed from the service. (Sec. 259, LGC)
A. The proceeds of the basic real property tax, including interest thereon, and proceeds from the
use, lease or disposition, sale or redemption of property acquired by public auction, in
accordance with the provisions of Title 2, Book II of R. A. No. 7160 or the Local
Government Code of 1991, by the province or city or a municipality within the Metropolitan
Manila Area shall be distributed as follows:
1) Province: Thirty-five percent (35%) shall accrue to the General Fund of the
province;
2) Municipality: Forty percent (40%) shall accrue to the General Fund of the
municipality where the property is located; and
3) Barangay: Twenty-five percent (25%) shall accrue to the barangay where the
property is located.
219
1) Metropolitan Manila Authority: Thirty-five percent (35%) shall accrue to the
General Fund of the Authority;
B. Release of Barangay Share. - The share of each barangay shall be released, without need of
any further action, directly to the Barangay Treasurer on a quarterly basis within five (5)
days after the end of each quarter and shall not be subject to any lien or holdback for
whatever purpose (Sec. 271 (d), LGC) and to such rules as may be prescribed by the
Commission on Audit for this purpose (Art. 362, IRR implementing Sec. 271 (d), LGC).
Illustrative Case:
Correspondingly, the P400M partially paid under protest by Mirant shall be recorded
and distributed, as follows:
For the first 50% of P400M or P200M ------------- to the Trust Fund of
the Province of
Quezon
P200M
Divide:
-----=2 (represents the 1 % basic tax plus 1 % SEF tax)
P lOOM
220
Thus:
P200M
Less:
P I OOM ------ to the SEF which shall be divided equally
between the Provincial and Municipal
School Boards of Quezon and Pagbilao,
Respectively.
C. Application of Proceeds of the Additional One Percent SEF Tax. - The proceeds from the
additional one percent (1%) tax on real property accruing to the SEF shall be automatically
released to the local school boards; Provided, That in case of provinces, the proceeds shall be
divided equally between the provincial and municipal school boards, Provided, however,
That the proceeds shall be allocated for the following as determined and approved by the
local school board:
3) educational research;
D. Proceeds of the Tax on Idle Lands. - The proceeds of the additional real property tax on
idle lands shall accrue to the respective General Fund of the province or city where the land
is located. In the case of a municipality within the Metropolitan Manila Area, the proceeds
shall accrue equally to the Metropolitan Manila Authority and the municipality where the
land is located. (Sec. 273, LGC)
Accordingly, the proceeds of this tax shall be treated in the income account as revenue from
taxation. (Art. 364, IRR implementing Sec. 273, LGC)
231
See illustrative case under Sec. 193 (B), this Manual.
221
E. Proceeds of the Special Levy. - The proceeds of the special levy on lands benefited by
public works, project and other improvements shall accrue to the General Fund of the local
government unit which financed such public works, projects or other improvements. (Sec.
274, LGC)
Accordingly, all income derived from this special levy shall be treated in the income account
as revenue from taxation. (Art. 365, IRR implementing Sec. 274, LGC)
Section 194. General Assessment Revision, Expenses Incident Thereto. - The sanggunian
of provinces, cities and municipalities within the Metro Manila Area shall provide the necessary
appropriations to defray the expenses incident to the general revision of real prope1iy
assessment.
All expenses incident to a general revision of real property assessments shall, by ordinance of the
sangguniang panlalawigan, be apportioned between the province and the municipality on the
basis of the taxable area of the municipality concerned. (Sec. 275, LGC)
The barangays may be required by the sanggunian of the city or municipality to share in the
expenses to be incurred for the conduct of a general revision of real prope1iy assessment. (Art.
366 (c), IRR implementing Sec. 275, LGC)
Section 195. Condonation or Reduction of Real Property Tax and Interest. - In case of a
general failure of crops or substantial decrease in the price of agricultural or agri-based products,
or calamity in any province, city, or municipality, the sanggunian concerned, by ordinance
passed prior to the first (1 st) day of January of any year and upon recommendation of the Local
Disaster Coordinating Council, may condone or reduce, wholly or partially, the taxes and interest
thereon for the succeeding year or years in the city or municipality affected by the calamity.
(Sec. 276, LGC)
Section 196. Condonation or Reduction of Tax by the President of the Philippines. - The
President of the Philippines may, when public interest so requires, condone or reduce the real
property tax and interest for any year in any province or city or municipality within the
Metropolitan Manila Area. (Sec. 277. LGC)
Section 197. Fees in Court Actions. - All comi actions, criminal or civil, instituted at the
instance of the Provincial, City or Municipality Treasurer or Assessor under the provisions of R.
A. No. 7160 or the Local Government Code of 1991, shall be exempt from the payment of court
and sheriff's fees. (Sec. 280, LGC)
222
CHAPTER 2. BUSINESS AND OTHER LOCAL TAXES
Section 199. Nature. - Business taxes232 are those imposed by a local government unit on the
privilege of engaging in business, occupation and other activities within its territorial
jurisdiction. 233 The proceeds of these taxes accrue exclusively to the local government unit that
imposes them, or when provided by law, may be shared with other local government units.
Section 200. Definition of Terms. - The following terms as used in this Manual shall mean:
a) Agricultural Product - includes the yield of the soil, such as com, rice, wheat, rye, hay,
coconuts, sugarcane, tobacco, root crops, vegetables, fruits, flowers and their by-products;
ordinary salt; all kinds of fish; poultry; and livestock and animal products, whether in their
original form or not.
The phrase "whether in their original form or not" refers to the transformation of said
products by the farmer, fisherman, producer or owner through the application of processes to
preserve or otherwise to prepare the said products for the market such as freezing, drying,
salting, smoking, or stripping for purposes of preserving or otherwise preparing the said
products for the market. (Sec. 131 (a), LGC)
Agricultural products as defined include those that have undergone not only simple but even
sophisticated processes employing advanced technological means in packaging like dressed
chicken or ground coffee in plastic bags or styropor or other packaging materials intended to
process and prepare the products for the market.
The term "by-products" shall mean those materials which in the cultivation or processing of
an article remain over, and which are still of value and marketable, like copra cake from
copra or molasses from sugar cane. (Art. 220 (a), !RR, implementing Sec. 131 (a), LGC)
c) Amusement Places - include theaters, cinemas, concert halls, circuses and other places of
amusement where one seeks admission to entertain oneself by seeing or viewing the show or
performance. (Sec. 131 (c), LGC)
232
Pertains to other local taxes imposed by LG Us other than real property and business taxes as uthorized by law.
233
See Sec. 3 7 3rd par., this Manual
223
e) Banks and other financial institutions - include non-bank financial intermediaries, lending
investors, finance and investment companies, pawnshops, money shops, insurance
companies, stock markets, stock brokers and dealers in securities and foreign exchange, as
defined under applicable law, or rules and regulations thereunder. (Sec. 131 (e), LGC)
Illustrative Case:
1) Credit card companies fall within the purview of banks and other financial
institutions as contemplated under Section 143 (t) of R. A. No. 7160 or the Local
Government Code of 1991. (BLG Letter, March 15, 1999 to Picazo Buyco Tan Fider
& Santos Law Offices)
t) Capital Investment - is the capital which a person employs in any undertaking, or which he
contributes to the capital of a partnership, corporation, or any other juridical entity or
association in a particular taxing jurisdiction. (Sec. 131 (!), LGC)
g) Charges - refer to pecuniary liability, as rents or fees against persons or property. (Sec. 131
(g), LGC)
h) Contractor - includes persons, natural or juridical, not subject to professional tax under
Section 139 of R. A. No. 7160 or the Local Government Code of 1991234, whose activity
consists essentially of the sale of all kinds of services for a fee, regardless of whether or not
the performance of the service calls for the exercise or use of the physical or mental faculties
of the contractor or his employees.
5) persons engaged in the installation of water system, gas or electric light, heat, or
power;
234
See Sec. 205, this Manual
224
8) proprietors or operators of establishments for repamng, repainting, upholstering,
washing or greasing of vehicles, and heavy equipment, vulcanizing, recapping and
battery charging;
11) proprietors or owners of shops for the repair of any kind of mechanical and electrical
devices, instruments, apparatus, or furniture and shoe repairing by machine or any
mechanical contrivance;
13) proprietors or operators of tailor shops, dress shops, milliners, and hatters, beauty
parlors, barbershops, massage clinics, sauna, Turkish and Swedish baths, slenderizing
and body-building saloons and similar establishments;
19) publishers except those engaged in the publication or printing of any newspaper,
magazine, review or bulletin which appears at regular intervals with fixed prices for
subscription and sale and which is not devoted principally to the publication of
advertisements;
225
1) general professional partnerships which are partnerships formed by persons for the
sole purpose of exercising their common profession, no part of the income of which is
derived from engaging in any trade or business; and
The term "resident foreign" when applied to a corporation means a foreign corporation not
otherwise organized under the laws of the Philippines but engaged in trade or business within
the Philippines. (Sec. 131 (i), LGC)
k) Dealer - means one whose business is to buy and sell merchandise, goods, and chattels as a
merchant. He stands immediately between the producer or manufacturer and the consumer
and depends for his profit not upon the labor he bestows upon his commodities but upon the
skill and foresight with which he watches the market. (Sec. 131 (k), LGC)
1) Fee - means a charge fixed by law or ordinance for the regulation or inspection of a business
or activity (Sec. 131 (!), LGC). It shall also includes charges fixed by law or agency for the
services of a public officer in the discharge of his official duties (Art. 220 (!), IRR,
implementing Sec. 131 (!), LGC)
m) Franchise - is a right or privilege, affected with public interest which is conferred upon
private persons or corporations, under such terms and conditions as the government and its
political subdivisions may impose in the interest of public welfare, security, and safety. (Sec.
131 (m), LGC)
n) Gross Sales or Receipts - included the total amount of money or its equivalent representing
the contract price, compensation or service fee, including the amount charged or materials
supplied with the services and the deposits or advance payments actually or constructively
received during the taxable quarter for the services performed or to be performed for another
person, excluding discounts if determinable at the time of sale, sales return, excise tax, and
\he value-added tax (VAT). Sec. 131 (n), LGC)
Illustrative Case:
1) In consonance with the above provision of the IRR, it was further clarified that the
term "gross receipts" as applied to contractors, is the total amount of service fees,
including the advance payments or deposits actually or constructively received during
the taxable year. The tax base should exclude payments or deposits which were not
actually or constructively received by the contractor during the taxable year and
226
materials or equipment that do not form part of the things to be constructed - even if
they were supplied during the said year. (BLGF 1 51 Indorsement, March 4, 1994;and
BLGF 151 Indorsement, August 10, 1998)
1) every person who, by physical or chemical process, alters the exterior texture or form or
inner substance of any raw material or manufactured or partially manufactured product in
such manner as to prepare it for special use or uses to which it could not have been put in
its original condition,
1) or who by any such process, alters the quality of any such raw material or
manufactured or partially manufactured products so as to reduce it to
marketable shape or prepare it for any of the use of industry,
2) or who by any such process, combines any such raw material or manufactured
or partially manufactured products with other materials or products of the
same or of different kinds and in such manner that the finished products of
such process or manufacture can be put to a special use or uses to which such
raw material or manufactured or partially manufactured in their original
condition could not have been put, and
q) Motor Vehicle - means any vehicle propelled by any power other than muscular power
using the public roads, but excluding road rollers, trolley cars, street sweepers, sprinklers,
lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and cranes if not used on
public roads, vehicles which run only on rails or tracks, and tractors, trailers, and traction
engines of all kinds used exclusively for agricultural purposes. (Sec. 131 (q), LGC)
r) Municipal Waters - include not only streams, lakes and tidal waters within the
municipality, not being the subject of private ownership and not comprised within the
national parks, public forest, timber lands, forest reserves or fishery reserves, but also marine
waters included between two lines drawn perpendicularly to the general coastline from points
where the boundary lines of the municipality or city touch the sea at low tide and a third line
parallel with the general coastline and fifteen ( 15) kilometers from it. Where two (2)
227
municipalities are so situated on the opposite shores that there is less than fifteen (15)
kilometers of marine waters between them, the third line shall be equally distant from
opposite shores of the respective municipalities. (Sec. 131 (r), LGC)
s) Operator - includes the owner, manager, administrator, or any other person who operates or
is responsible for the operation of a business establishment or undertaking. (Sec. 131 (s),
LGC)
t) Peddler - means any person who, either for himself or on commission, travels from place to
place and sells his goods or offers to sell and deliver the same. Whether a peddler is a
wholesale peddler or a retail peddler of a particular commodity shdl be determined from the
definition of wholesale dealer or retail dealer as provided in Title 1, Book 2 of R. A. No.
7160 or the Local Government Code of 1991. (Sec. 131 (t), LGC)
u) Persons - every natural or juridical being, susceptible of rights and obligations or of being
the subject of legal relations. (Sec. 131 (u), LGC)
v) Residents - refer to natural persons who have their habitual residence in the province, city,
or municipality where they exercise their civil rights and fulfill their civil obligations, and to
juridical persons for which the law or any other provisions creating or recognizing them fixes
their residence in a particular province, city or municipality. In the absence of such law,
juridical persons are residents of the province, city, or municipality where they have their
legal residence or principal place of business or where they conduct their principal business
or occupation. (Sec. 131 (v), LGC)
w) Retail - means a sale where the purchaser buys the commodity for his own consumption
irrespective of the quantity of the commodity sold. (Sec. 131 (w), LGC)
x) Vessel - includes every type of boat, craft, or other artificial contrivance used, or capable of
being used, as a means of transportation on water. (Sec. 131 (x), LGC)
y) Wharfage - means a fee assessed against the cargo of a vessel engaged in foreign or
domestic trade based on quantity, weight, or measure received and/or discharged by vessel.
(Sec. 131 (y), LGC) and
z) Wholesale - means a sale where the purchaser buys or imports the commodities for resale to
persons other than the end user regardless of the quantity of the transaction. (Sec. 131 (z),
LGC
A. TAXING POWERS OF PROVINCES
Section 201. Tax on Transfer of Real Property Ownership. - (a) The province may impose
a tax on the sale, donation, barter, or on any other mode of transferring ownership or title of real
property at the rate of not be more than fifty percent (50%) of one percent (1%) of the total
consideration involved in the acquisition of the property, or of the fair market value in case the
monetary consideration involved in the transfer is not substantial, whichever is higher. (Sec. 135
(a), LGC)
228
(b) The fair market value as used herein shall be that reflected in the prevailing schedule of fair
market values enacted by the sanggunian concerned. (Art. 224 (a), !RR, implementing Sec. 135
(a), LGC)
(c) For this purpose, the Register of Deeds of the province concerned shall, before registering
any deed, require the presentation of the evidence of payment of this tax. The Provincial
Assessor shall likewise make the same requirement before canceling an old tax declaration and
issuing a new one in place thereof. Notaries Public shall furnish the Provincial Treasurer with a
copy of any deed transferring ownership or title to any real property within thirty (30) days from
the date of notarization.
(d) It shall be the duty of the seller, donor, transferor, executor or administrator to pay the tax
herein imposed within sixty (60) days from the fate of the execution of the deed or from the date
of the decedent's death. (Sec. 135 (b), LGC)
(e) The sale, transfer or other disposition of real property pursuant to R.A. No. 665? 235 shall be
exempt from this tax (Sec. 135 (a), LGC). However, transfer of ownership over a land pending
issuance of a free patent under Commonwealth Act No. 141236, as amended by the Bureau of
Lands is subject to this tax.
Private sector entities and individuals engaged in developing socialized housing projects under
R. A. No. 7279, 237 for the benefit of the underprivileged and homeless are exempted from
payment of transfer tax for both raw and completed projects. (Sec. 20, RA 7279)
Section 202. Tax on Business of Printing and Publication. - The province may impose a tax
on the business of persons engaged in the printing and/or publication of books, cards, posters,
leaflets, handbills, certificates, receipts, pamphlets, and others of similar nature, at a rate not
exceeding fifty percent (50%) of one percent (1%) of the gross annual receipts for the preceding
calendar year.
In the case of a newly started business, the tax shall not exceed one-twentieth (1/20) of one
percent (1%) of the capital investment. In the succeeding calendar year, regardless of when the
business started to operate, the tax shall be based on the gross receipts for the preceding calendar
year, or any fraction thereof, as provided herein.
The receipts from the printing and/or publishing of books or other reading materials prescribed
by the Department of Education, Culture and Sports as school texts or references shall be exempt
from the tax herein imposed. (Sec. 136, LGC)
Illustrative Case:
235
An Act Instituting a Comprehensive Agrarian Reform Program to Promote Social Justice and Industrialization
Providing the Mechanismfor its Implementation and for Other Purposes.
236
Public Land Act
237
Socialized Housing Act
229
1) The business of printing newspapers and magazines is included in the clause "and others of
r
similar nature" and therefore subject to this local tax. (BLGF 1 Indorsement, February 19,
1996)
Section 203. Franchise Tax.238 - Notwithstanding any exemption granted by any law or other
special law, the province may impose a tax on businesses enjoying a franchise. (Sec. 137, LGC)
The administration and collection of franchise tax shall be governed by the following:
a) Tax Rate and Base of Franchise Tax. - The rate of franchise tax shall not exceed fifty
percent (50%) of one percent (1 %) of the gross annual receipts which shall include both cash
sales and sales on account realized during the preceding calendar year within its territorial
jurisdiction, excluding the territorial limits of any city located within the province. (Art. 226
(a), IRR, implementing Sec. 137, LGC)
b) Limitation of the Province to Impose Franchise Tax. - The province, however, shall not
impose the tax on businesses enjoying franchise operating within the territorial jurisdiction of
any highly-urbanized or component city located within the province. (Art. 226 (b), IRR,
implementing Sec. 13 7, LGC)
d) Tax Rate and Base of Franchise Tax for Newly Started Business. - In the case of a newly
started business, the tax shall not exceed one-twentieth (1/20) of one percent (1%) of the
capital investment. In the succeeding calendar year, regardless of when the business started
to operate, the tax shall be based on the gross receipts for the preceding calendar year, or any
fraction thereof. (Art. 226 (d), IRR, implementing Sec. 137, LGC)
e) Capital Investment as Basis of the Franchise Tax of a Newly Started Business. - The
capital investment to be used as basis of the tax of a newly started business as herein
provided shall be determined in the following manner:
1) In the locality where the principal office of the business is located, the paid-up capital
stated in the Articles of Incorporation, in case of corporations, or in any similar
document in case of other types of business organizations or enterprises, shall be
considered as the capital investment.
2) Where there is a branch or sales office which commences business operations during
the same year as the principal office but which is located in another province or in a
city outside the province, the paid-up capital referred to above shall be reduced by the
238
Actual and specific applications of authority to tax franchises are illustrated in Secs. 227 and 228, this Manual.
230
amount of the capital investment made for the said branch of sales office which shall
be taxable instead by the province or city where it is located.
Section 204. Tax on Sand, Gravel and Other Quarry Resources. - (a) The province may
levy and collect not more than ten percent (10%) of fair market value in the locality per cubic
meter of ordinary stones, sand, gravel, earth, and other quarry resources, such as but not limited
to marl, marble, granite, volcanic cinders, basalt, tuff and rock phosphate, extracted from public
lands or from the beds of seas, lakes, rivers, streams, creeks, and other public waters within its
territorial jurisdiction. (Art. 227 (a), IRR, implementing Sec. 138, LGC)
(b) The following shall govern the administration and collection of this tax:
1) Authority to Grant Permit to Extract. - The permit to extract sand, gravel and other
quarry resources shall be issued exclusively by the provincial governor, pursuant to the
ordinance of the sangguniang panlalawigan. (Art. 227 (b), IRR, implementing Sec. 138,
LGC)
2) Distribution of Proceeds of the Tax. - the proceeds of the tax on sand, gravel and other
quarry resources shall be distributed as follows:
11. Component City or Municipality where the sand, gravel and other
quarry resources are extracted -Thirty percent (30%); and
iii. Barangay where the sand, gravel and other quarry resources are
extracted - Forty percent (40%). (Art. 227 (c), IRR, implementing Sec.
138, LGC)
Illustrative Case:
l ) The fair market value shall be the market value of the minerals as extracted in site and
not when delivered to the end users. The assessment of the tax is done on or before
extraction of said materials and not upon the sale thereof to end users. (BLGF F1
Indorsement, March 24, 1993)
231
Section 205. Professional Tax. - (a) The province may levy an annual professional tax on
each person engaged in the exercise or practice of his profession requiring government
examination at such amount and reasonable classification as the sangguniang panlalawigan may
determine but shall in no case exceed Three Hundred Pesos (P 300.00). (Sec. 139 (a), LGC)
(b) The collection and administration of the professional tax shall be guided by the following:
1) Persons Liable to Pay Professional Tax. - The professionals subject to tax herein imposed
are only those who have passed the bar examinations, or any board or other examinations
conducted by the Professional Regulation Commission (PRC). (Art. 228 (/), !RR
implementing Sec. 139, LGC)
2) Place of Payment of Professional Tax. - Every person legally authorized to practice his
profession shall pay the professional tax to the province where he practices his profession or
where he maintains his principal office in case he practices his profession in several places:
Provided, however, That such person who has paid the corresponding professional tax shall
be entitled to practice his profession in any part of the Philippines without being subjected to
any other national or local tax, license, or fee for the practice of such profession. (Sec. 139
(b), LGC)
3) Time of Payment of Profession Tax. - The professional tax shall be payable annually, on or
before the thirty-first (31 st) day of January. Any person first beginning to practice a
profession after the month of January must, however, pay the full tax before engaging
therein. (Sec. 139 (d), LGC)
5) Tax is Due for Each Profession Practiced - A line of profession does not become exempt
even if conducted with some other profession for which the tax has been paid. (Sec. 139 (d),
LGC). For example, a lawyer who is also a Certified Public Accountant (CPA) must pay the
professional tax imposed on lawyers and that fixed for CPAs, if he is to practice both
professions. (Art. 228 (/), IRR implementing Sec. 139, LGC)
7) Documentation Requirements:
a) Upon Payment of Tax. - For purposes of collecting the tax, the Provincial Treasurer or
his duly authorized representative shall require from such professionals their current
annual registration cards issued by the competent authority before accepting payment of
their professional tax for the current year. The PRC shall likewise require the
232
professionals' presentation of proof of payment before registration of professionals or
renewal of their licenses. (Art. 228 (!), IRR implementing Sec. 139, LGC)
Section 206. Amusement Tax. - The province may levy an amusement tax to be collected
from the proprietors, lessees, or operators of theaters, cinemas, concert halls, circuses, boxing
stadia, and other places of amusement. (Sec. 140 (a), LGC)
The collection and administration of the amusement tax shall be guided by the following:
1) Rate and Base of Amusement Tax. - The rate of amusement tax shall not be more than
thirty percent (30%) of the gross receipts from admission fees. (Sec. 140 (a), LGC)
3) Exemption from Payment of Amusement Tax. - The holding of operas, concerts, dramas,
recitals, paintings, and art exhibitions, flowers shows, musical programs, literary and
oratorical presentations, except pop, rock or similar concerts shall be exempt from the
payment of the amusement tax, subject to guidelines issued by the DOF. (Art. 229 (c), IRR
implementing Sec. 140 (c), LGC)
5) Distribution of Proceeds of Amusement Tax. - The proceeds of the amusement tax shall
be shared equally by the province and the municipality where such amusement places are
located. (Sec. 140 (e), LGC)
6) "Other Places of Amusement" Construed. - Not only theaters and cinema houses, but all
"places of amusement" such as night clubs, cockpits, and the like, are subject to the
amusement tax on admission if any amount is charged as entrance fee to the patrons. (p. 77,
Philippine Law on Local Government Taxation, Annotated. 2000 edition, Ursa!)
233
7) For the Effective Administration of the Amusement Tax, an Administrative Provision
may be Provided in the Tax Ordinance, Requiring Proprietors, Lessees or Operators
Liable to the Amusement Tax on Admission to:
11. Reflect in the admission tickets the name of the amusement place and the fee
charged for admission;
111. Register ticket rolls or booklets with the Provincial/City Treasurer of the
locality where the amusement place is located before issuing the tickets;
1v. Tear admission tickets into halves, once issued, the first half to be given by
the gatekeepers to the customer or patron and the other half to be deposited in
a ticket box to be made available for inspection by the Local Treasurer or his
deputy; and
v. Provide a strong and safe ticket box to contain the admission ticket halves,
which boxes will be secured with a separate padlock, the only key to which
shall be deposited with the Local Treasurer concerned.
Illustrative Case:
1) Amusement tax is not collectible from business establishments that operate token and coin
operated video and similar machines that do not charge admission fees. The purchase of
token is for the purpose of playing games on or operating the machines installed in the
amusement place, not to gain admission to the premises, and therefore does not constitute the
payment of admission fees on which an amusement tax may be levied and collected. A
person may enter the place without paying anything and leave without operating any
machine, in which case, he does not even have to purchase tokens.
However, the operator of the said business establishment shall be taxable under Sec. 143 (h)
of the Local Government Code of 1991, on the basis of the gross receipts from the sale of
tokens. (BLGF 151 Indorsement, February 27, 1996 to the City Treasurer ofManila.)
Section 207. Annual Fixed Tax for Every Delivery Truck or Van of Manufacturers,
Producers Wholesalers of, Dealers and Retailers in, Certain Products. - The province may
levy an annual fixed tax for every truck, van or any vehicle used by manufacturers, producers,
wholesalers, dealers or retailers in the delivery or distribution of distilled spirits, fermented
liquors, soft drinks, cigars and cigarettes, and other products as may be determined by the
sangguniang panlalawigan, to sales outlets, or consumers, whether directly or indirectly, within
the province in an amount not exceeding Five Hundred Pesos (P 500.00).
The manufacturers, producers, wholesalers, dealers, and retailers referred to in the immediately
foregoing paragraph shall be exempt from tax on f:eddlers referred to in Section 143 (g) of R. A.
No. 7160 or the Local Government Code of 1991. 39 (Sec. 141, LGC)
239
See Sec. 216, this Manual
234
..
The annual fixed tax is applicable per province. If the same truck is used to deliver goods in
several provinces, the owner of the truck is liable to pay the said tax to each province where
he/she delivers goods. Provided, That the province concerned has enacted the ordinance
necessary to impose the tax.
Section 209. Tax on Business. - The municipality may impose the taxes on the following
businesses operating within its jurisdiction:
7) Peddlers engaged in the sale of any merchandise or article of commerce (Sec. 143 (g), LGC);
8) Any business not otherwise specified in the above enumeration (Sec. 143 (h), LGC)
235
20,000.00 or more but not less than 30,000.00 440.00
30,000.00 or more but not less than 40,000.00 660.00
40,000.00 or more but not less than 50,000.00 825.00
50,000.00 or more but not less than 75,000.00 1,320.00
75,000.00 or more but not less than 100,000.00 1,650.00
100,000.00 or more but not less than 150,000.00 2,200.00
150,000.00 or more but not less than 200,000.00 2,750.00
200,000.00 or more but not less than 300,000.00 3,850.00
300,000.00 or more but not less than 500,000.00 5,500.00
500,000.00 or more but not less than 750,000.00 8,000.00
750,000.00 or more but not less than 1,000,000.00 10,000.00
1,000,000.00 or more but not less than 2,000,000.00 13,750.00
2,000,000.00 or more but not less than 3,000,000.00 16,500.00
3,000,000.00 or more but not less than 4,000.000.00 19,800.00
4,000,000.00 or more but not less than 5,000,000.00 23,100.00
5,000,000.00 or more but not less than 6,500,000.00 24,375.00
6,500,000.00 or more at a rate not exceeding thirty-
seven and a half percent
(37-1/2%) of one percent
(1%). (Sec. 143 (a), LGC)
The preceding rates shall apply only to amount of domestic sales of manufacturers, assemblers
repackers, processors, brewers, distillers, rectifiers, and compounders of liquors, distilled spirits,
and wines or manufacturers of any article of commerce of whatever kind or nature other than
those enumerated in Section 143 (a) of R. A. No. 7160 or the Local Government Code of 1991.
(Art. 232 (a, IRR implementing Sec. 143 (a), LGC)
236
40,000.00 or more but not less than 50,000.00 660.00
50,000.00 or more but not less than 75,000.00 990.00
75,000.00 or more but not less than 100,000.00 1,320.00
100,000.00 or more but not less than 150,000.00 1,870.00
150,000.00 or more but not less than 200,000.00 2,420.00
200,000.00 or more but not less than 300,000.00 3,300.00
300,000.00 or more but not less than 500,000.00 4,400.00
500,000.00 or more but not less than 750,000.00 6,600.00
750,000.00 or more but not less than 1,000,000.00 8,800.00
1,000,000.00 or more but not less than 2,000,000.00 10,000.00
2,000,000.00 or more at a rate not exceeding fifty
percent (50%) of one percent
(1%). (Sec. 143 (b), LGC)
The business enumerated in Section 143 (a) ofR. A. No. 7160 or the Local Government Code of
1991240 shall no longer be subject to the tax on wholesalers, distributors, or dealers herein
provided for. (Art. 232 (b), IRR implementing Sec. 143 (b), LGC)
2) Wheat or cassava flour, meat, dairy products, locally manufactured, processed or preserved
food, sugar, salt and other agricultural, marine and fresh water products, whether in their
original state or not;
For purposes of this provision, the term "exporters" shall refer to those who are principally
engaged in the business of exporting goods and merchandise, as well as manufacturers and
240
See Sec. 210, this Manual
241
See Sec. 2 J O,Sec. 211and Sec. 213, this Manual
237
producers whose goods or products are both sold domestically and abroad. (Art. 232 (c), IRR
implementing Sec. 143 (c), LGC)
ii. Taxable export sales shall be subject to the business tax at a rate not
exceeding one half (Yz) of the rates of domestic sales; and
m. The amount of export sales shall be excluded and declared separately from the
total sales and shall be subject to the rates prescribed in Section 143 eflected
in Section 205 of this Chapter. Failure to make this separate declaration of
export sales shall subject the total sales to the rates prescribed in Section 204
under this Chapter. (Local Finance Circular 4-93, Department of Finance)
Illustrative Case:
1) For the purpose of imposing the business tax, the gross receipts of rice and com millers shall
be the total fees paid to the miller by the owners of palay or com without deducting the cost
of labor and other maintenance and operating expenses.
Mill operators who also buy palay or com grains and then sell these after milling, are also
subject to the tax for engaging in other business such as dealers. The gross receipts shall be
the actual sale of rice or com without deducting the cost of palay, labor and other
maintenance and operating expenses. The gross sales or receipts for each business shall be
separately reported for purposes of computing the business taxes due from each business.
(BLGF 1st lndorsement, March 24, 1995 to the Municipal Treasurer of Cabacan, North
Cotabato)
Section 213. Business Tax on Retailers. - The following guidelines shall govern the
administration and collection of the business tax on retailers:
1) Rate of Tax. - Except for the taxes to be imposed exclusively by barangays as provided in
subsection (2) hereinbelow, the taxes to be imposed on retailers by municipalities shall be as
follows:
a) The rate of two percent (2%) per annum shall be imposed on sales not exceeding Four
Hundred Thousand Pesos (P 400,000.00); and
b) The rate of one percent ( 1%) per annum shall be imposed on sales in excess of the
first Four Hundred Thousand Pesos (P 400,000.00).
238
2) Imposition by Barangay of Business Tax on Retailers - Barangays shall have the
exclusive power to levy taxes, as provided under Section 152 of R. A. No. 7160 or the Local
Government Code of 1991242 , on gross sales or receipts of the preceding calendar year of
Fifty Thousand Pesos (P 50,000.00) or less in the case of cities, and Thirty Thousand Pesos
(P 30,000.00) or less in the case of municipalities. (Art. 232 (d), !RR implementing Sec. 143
(d), LGC)
The barangays shall impose such taxes based on the following guidelines:
c) The barangay shall have the power to collect the business tax on retailers only if
it had levied the tax pursuant to an ordinance duly enacted by its sanggunian.
Otherwise, the tax shall be collected by the municipality or city where the
barangay is located, provided they have enacted the required ordinance levying
the tax.
a) A retailer who sells essential and non-essential commodities shall segregate his
sales accordingly;
b) The gross sales from essential commodities of the preceding year shall be subject
to the tax provided under Section 143 (c) of R. A. No. 7160 or the Local
Government Code of 1991243;
242
See Sec. 222, this Manual
243
See Sec. 212, this Manual
244
See Sec. 213, this Manual
239
of a retailer who is also a wholesaler dealing both m essential and non-essential
commodities:
a) A wholesaler who is at the same time a retailer and who deals in both essential
commodities and non-essential commodities shall segregate his sales accordingly;
b) The gross sales from essential commodities shall be subject to the tax reflected in
Section 143 (c) ofR. A. No. 7160 or the Local Government Code ofl 991; and
c) If the wholesaler who is at the same time a retailer fails to keep a separate account
for the different sales or receipts, he/she shall be liable as a wholesaler at the rates
reflected under Section 143 (b)245 and (d) of R. A. No. 7160 or the Local
Government Code of 1991, as a wholesaler and retailer, respectively. (Philippine
Law on Local Government Taxation, Annotated, 2000 edition, Ursa!)
245
See Sec. 211, this Manual
240
B. Taxable Gross Receipts of Construction Contractors -
a) The taxable gross receipts shall be the amounts received by the principal
contractor as the total contract price less the amount paid to sub-contractors
under sub-contract arrangements, if there are any. (The gross receipts of sub
contractors are in turn subject to the same business tax as construction
contractors.)
b) The taxable gross sales or receipts include the total amount of money or its
equivalent actually or constructively received during the taxable quarter for
the services performed or to be performed, consisting of the following:
11. The compensation or service fee, including the amount charged for
materials installed or used in conjunction with the services, and
c) Taxable gross receipts exclude discounts that can be determined at the time of sales,
sales returns, and the excise taxes and value added tax (VAT) paid by the contractor.
(Local Finance Circular No. 3-95, Department ofFinance)
Illustrative Case:
1) Local governments may impose business tax on contractors and independent contractors
(BLGF P1 lndorsement, August 10, 1998). However, subcontractors shall not be liable for
business tax if the total contract price for the project is embodied in the contract between
the primary contractor and the client. On the other hand, if the cost of the portion of the
project that is sub-contracted is paid directly by the client to the sub-contractor, the sub
contractor becomes an independent contractor subject to the same business tax. (BLGF J51
Indorsement, July 13, 1993).
241
b) In cases where there is no branch office, the gross receipts from domestic
projects or contracts shall be recorded in the Head/Principal Office and the
same shall be allocated as follows:
11. Seventy percent (70%) of the gross receipts shall be taxable by the
city or municipality where the project office is located.
b) In the case of pre-fabricated works which are paid for in accepted freely
convertible foreign currency with attendant installation works outside the
Philippines, the gross receipts realized therefrom shall be subject to not more
than one half (1/2) of the rate prescribed in Sec. 143 (e) ofR. A. No. 7160 or
the Local Government Code of 1991.
A. Rate and Base of Tax - Banks and other financial institutions are subject to a business tax at
a rate not exceeding fifty percent (50%) of one percent (1%) on the gross receipts of the
preceding calendar year derived from interests, commissions and discounts from lending
activities, income from financial leasing, dividends, rentals on property and profit from
exchange or sale of property, insurance premium (Sec. 143 (!), LGC). All other income and
receipts of banks and financial institutions not otherwise enumerated above shall be excluded
from the computation of this tax. (Art. 232 (!), 1RR implementing Sec. 143 (!), LGC)
The taxes imposed on banks, insurance companies, and financing companies accruing the
local government units shall be paid within the first twenty (20) days of January or of each
subsequent quarter, as the case may be, unless otherwise fixed in the corresponding local tax
ordinance. (Local Finance Circular Nos. 1-93; 2-93; and 3-93, Department of Finance)
242
B. Guidelines Applicable to Banks -
1) Gross Receipts of Banks Subject to Tax. - For the purpose of imposing the tax on
gross receipts of banks, the term "gross receipts" shall only include the following:
a) Interest from loans and discounts - represents interest earned and actually
collected on loans and discounts such as:
111. Interest earned and actually collected on time loans, including the
earned portions of interest collected in advance;
11. Rental earned and actually collected from lessees of bank premises
and equipment.
2) Income and Receipts of Banks Not Subject to Tax. - All other incomes and
receipts of banks and banking institutions not enumerated above shall be excluded
from the t::i.xing authority of local government units such as:
243
b) Interest accumulated by lending institutions on mortgages insured under R. A.
No. 580, as amended, otherwise known as the Home Financing Act; and
c) Receipts from filing fees, service and other administrative charges. (Local
Finance Circular No. 1-93, Department ofFinance)
3) Situs or Place of Payment of Tax on Banks. - The situs of tax on banks shall be in
accordance with the following:
11. Transactions filed and negotiated in the branch, but being beyond
the approving authority of the Branch Manager are forwarded to
the Head Office for final approval.
iii. The gross receipts derived from transactions made by the Head
Office, except gross receipts recorded in the branches shall be
taxable by the city or municipality where that Head Office is
located.
244
m. Premiums refunded within six (6) months after payment of the
account;
vii. The excess of the amount necessary to insure the lives of variable
contracts.
2) Income and Receipts of Insurance Companies Not Subject to Tax. - All other
incomes and receipts of insurance premiums not enumerated in the preceding
paragraph shall be excluded from the taxing authority of local government units, such
as service fees received from fire, earthquake, and explosion pre-insurance
adjustment business directly to agents, pursuant to the Fire Code of the Phiippines
(P.D. No. 1185). (Local Finance Circular No. 2-93, Department ofFinance)
245
b) The offices of an insurance agent or broker shall not be considered a branch
and shall not be subject to the situs of taxation rule.
c) All insurance premiums and/or gross receipts from transactions not recorded
in the branches or the insurance companies shall be recorded in the Head
Office and taxable by the city or municipality where the said Head Office is
located.
a) Interest from loans and discounts - represents interest earned and actually
collected on loans and discounts; viz:
246
c) Rental of property - represents the following rental income:
3) Income and Receipts of Financing Companies Not Subject to Tax. - All other
income and receipts of financing companies not enumerated in the preceding
paragraph shall be excluded from the taxing authority of local government units.
a) All transactions filed with or negotiated in the branch shall be recorded in said
branch and the gross receipts derived from said transactions shall be applied
to:
ii. Transactions filed and negotiated in the branch but being beyond
the approving authority of the Branch Manager, are forwarded to
the Head Office for final approval.
b) The gross receipt derived from transactions made by the Head Office, except
gross receipts recorded in the branches, shall be taxable by the city or
municipality where said Head Office is located.
Illustrative Case:
247
1) Credit card companies fall within the purview of banks and other financial
institutions contemplated under Section 143 (f) of R. A. No. 716 or the Local
Government Code of 1991, and therefore may be subject to business taxes at the rate
of 50% of 1 % on the gross receipts upon enactment of the appropriate ordinance by
the local government unit concerned. (ELG Letter, March 15, 1999 to Picazo Buyco
Tan Fider & Santos Law Offices)
Section 216. Business Tax on Peddlers Engaged in the Sale of Any Merchandise or
Articles of Commerce. - Peddlers shall be taxed at a rate not exceeding Fifty Pesos (P 50.00)
per peddler annually (Sec. 143 (g), LGC). Delivery trucks, vans or motor vehicles used by
manufacturers, producers, wholesalers, dealers or retailers enumerated in Section 141 of R. A.
No. 7160 or the Local Government Code of 1991246, shall be exempt from the peddler's tax
herein (Art. 232 (g), IRR implementing Sec. 143 (g), LGC).
Section 217. Business Tax on Any Business. - Municipalities may also impose taxes on any
business not otherwise specified in the preceding paragraphs which the sanggunian concerned
may deem proper to tax (Sec. 143 (h), LGC), provided:
1) The rate of tax on any business subject to the excise, value added or percentage tax under
the National Internal Revenue Code, as amended, shall not exceed two percent (2%) of
gross sales or receipts of the preceding calendar year (Sec. 143 (h), LGC), and provided
further that in line with the existing national policy, any business engaged in the
production, manufacture, refining, distribution or sale of oil, gasoline and other
petroleum products shall not be subject to any local tax imposed under this provision
(Art. 232 (h), IRR implementing Sec. 143, (h), LGC).
2) The sanggunian concerned may prescribe a schedule of graduated tax rates but in no case
to exceed the rates prescribed under Section 143 (a), (b), (c), (d), (e), (f) and (g) of R. A.
No. 7160 or the Local Government Code of 1991.247
Section 218. Taxing Powers of Municipalities within Metro Manila Area. - The
municipalities within the Metropolitan Manila Area may levy taxes on businesses enumerated
under Sections 210, 211, 212, 213, 214, 215, and 216 of this Manual at rates which shall not
exceed by fifty percent (50%) the maximum rates prescribed for said businesses. (Art. 236 (a),
IRR implementing Sec. 144, LGC)
Said municipalities within the Metro Manila Area, pursuant to Article 274 of the IRR of R. A.
No. 7160 or the Local Government Code of 1991, implementing Section 186 thereof, may levy
and collect the taxes which may be imposed by the province under Sections 135, 136, 137, 138,
139, 140, and 141 of the same Code24 , implemented by Articles 224, 225, 226, 227, 228, 229,
and 230 of the same IRR, at rates not exceeding those prescribed therein. (Art. 236 (b), IRR
implementing Sec. 144, LGC)
246
See Sec. 207, this Manual
247
See Secs. 210, 211, 212, 213, 214, 215 and 216, this Manual
248
See Secs. 201, 202, 203, 204, 205, 206 and 207, this Manual
248
C. TAXING POWERS OF CITIES
Section 219. Scope of Taxing Powers of Cities. - Except as otherwise provided in this Code,
the city may levy the taxes, fees, and charges which the province or municipality may impose:
Provided, however, That the taxes, fees, and charges levied and collected by highly urbanized
and independent component cities shall accrue to them and distributed in accordance with the
provisions ofR. A. No. 7160 or the Local Government Code of 1991.
The rates oftaxes that the city may levy may exceed the maximum rates allowed for the province
or municipality by not more than fifty percent (50%) except the rates of professional and
amusement tax.
The city may levy and collect a percentage tax on any business not otherwise specified under
paragraphs (a) to (g) of Section 143 ofR. A No. 7160 or the Local Government Code of1991,249
at rates not exceeding three percent (3%) of the gross sales or receipts of the preceding calendar
year. (Art. 23 7, IRR implementing Sec. I 5 I, LGC)
Section 220. Professional and Amusement Tax Rates. - The rates of the following taxes
shall be uniform for the city and the province:
a) Professional Tax under Section 139 of R. A. No. 7160 or the Local Government Code of
1991,250 shall not exceed Three Hundred Pesos (P 300.00); and
b) Amusement tax on paid admission under Section 140 of R. A. No. 7160 or the Local
Government Code of 1991,251 shall not be more than thirty percent (30%) of the gross
receipts from admission fees. (Art. 238, IRR, LGC)
Section 221. Sharing of Tax on Quarry Resources in Highly Urbanized Cities. - The
proceeds of the tax on sand, gravel, and other quarry in highly urbanized cities shall be
distributed as follows:
249
See Secs. 210, 211, 212, 213, 214, 215 and 216, this Manual
250
See Sec. 205, this Manual
251
See Sec. 206, this Manual
252
Taxing Powers ofBarangays
249
a) Taxes -on stores or retailers with fixed business establishments with gross sales or receipts
of the preceding calendar year of Fifty Thousand Pesos (P 50,000.00) or less, in the case of a
barangay within a city, and Thirty Thousand Pesos (P 30,000.00) or less, in the case of a
barangay within a municipality, at rates not exceeding one percent (1 %) on such gross sales
or receipts. (Arts. 232 (d) and 240, IRR implementing Secs. 143 (d) and 152, LGC,
respectively)
The following guidelines shall be observed m the imposition by the barangays of the
business tax on retailers:
3) The barangay shall have the power to collect the business tax on retailers only if it
had levied the tax pursuant to an ordinance duly enacted by its sanggunian.
Otherwise, the tax shall be collected by the municipality or city where the barangay
is located, provided that they have enacted the required ordinance levying the tax.
(Local Finance Circular No. 1-94, Department ofFinance)
b) Service Fees or Charges - barangays may collect reasonable fees or charges for services
rendered in connection with the regulation or use of barangay-owned properties or service
facilities such as palay, copra, or tobacco dryers.
c) Barangay Clearance Fee - no city or municipality may issue any license or permit for any
business or activity unless a clearance is first obtained from the barangay where such
business or activity is located or conducted. The application for clearance shall be acted
within seven (7) working days from the filing thereof. In the event that a clearance is not
issued or the application is denied within the said period, the city or municipality may issue
the license or permit to the applicant.
d) Other Fees and Charges - the barangay may levy reasonable fees and charges on:
1) Commercial breeding fighting cocks. For purposes of imposing barangay fees and
charges on the commercial breeding of fighting cocks, commercial breeding shall
mean an annual sale of more than five ( 5) fighting cocks of a duly registered breeder;-
250
3) Places of recreation which charge admission fees. Places of recreation shall include
places of amusement where one seeks admission to entertain himself by seeing or
viewing the show or performance or those where one amuses himself by direct
participation;
4) Billboards, signboards, neon signs, and outdoor advertisements at rates not less than
the following
251
vn. Privilege panels shall be subject to one half (1/2) of the rates herein
prescribed.
v111. For purposes of this Section, the new rates to be adopted by the
barangays shall apply only to billboards, privilege panels, signs, and
outdoor advertisements which shall be constructed or installed after
the effectivity of the Code. (Art. 240, IRR implementing Sec. 152,
LGC)
(b) In cases where a person conducts or operates two (2) or more of the businesses mentioned in
Section 143 of the Local Government Code of 1991, which are subject to the same rate of
imposition, the tax shall be computed on the basis of the combined total gross sales or receipts of
the said two (2) or more related businesses. (Sec. 146 (b), LGC)
(c) In cases where a person conducts or operates two (2) or more businesses mentioned in
Section 143 of the Local Government Code of 1991, which are subject to different rates of tax,
the gross sales or receipts of each business shall be separately reported for the purpose of
computing the tax due from each business. (Sec. 146 (c) LGC)
Section 224. Situs of the Tax. - For purposes of collection of taxes under Section 143 of R. A.
No. 7160 or the Local Government Code of 1991, manufacturers, assemblers, repackers,
brewers, distillers, rectifiers and compounders of liquor, distilled spirits and wines, millers
producers, exporters, wholesalers, distributors, dealers, contractors, banks and other financial
institutions, and other businesses, maintaining or operating branch or sales outlet elsewhere shall
record the sale in the branch or sales outlet making the sale or transaction, and the tax thereon
shall accrue and shall be paid to the municipality where such branch or sales outlet is located. In
cases where there is no such branch or sales outlet in the city or municipality where the sale or
transaction is made, the sale shall be duly recorded in the principal office and the taxes due shall
accrue and shall be paid to such city or municipality. (Sec. 150, LGC)
A. Definition of Terms:
253
Secs. 210, 211, 212, 213, 214, 215 and 216, this Manual
252
Principal Office - the main or head office of the business appearing in the pertinent documents
submitted to the Securities and Exchange Commission, or the Department of Trade and Industry,
or other appropriate agencies as the case may be.
In case there is a transfer or relocation of the principal office to another city or municipality, it
shall be the duty of the owner, operator or manager or the business to give due notice of such
transfer or relocation to the local chief executives of the cities or municipalities concerned within
fifteen (15) days after such transfer or relocation is effected.(Art. 243 (a) (]), IRR implementing
Sec. 15 0, LGC)
Branch or Sales Office - a fixed place in a locality which conducts the operations of the
business as an extension of the principal office. However, offices used only as display areas of
the products where no stocks or items are stored for sale, although orders for the products may
be received thereat, are not branch or sales offices as herein contemplated. A warehouse which
accepts orders and/or issues sales invoices independent of a branch with sales office shall be
considered as a sales office. (Art. 243 (a) (2), IRR implementing Sec. 150, LGC)
Warehouse - a building utilized for the storage of products for sale and from which goods or
merchandise are withdrawn for delivery to customers or dealers, or by persons acting in behalf of
the business. A warehouse that does not accept orders and/or issue sales invoices as
aforementioned, shall not be considered a branch or sales office.
Illustrative Case:
I) A warehouse that does not accept orders, and/or does not issue sales invoices independently
of a branch or sales office, shall not be considered a branch or sales office.
Provincial depots where products are stored for sale are considered warehouses. (BLGF
Letter, August 26, 1993 to Republic-Asahi Glass Corp.)
Plantation - a tract of agricultural land planted to trees or seedlings, whether fruit bearing or
not, uniformly spaced or seeded by broadcast methods or normally arranged to allow highest
production. For this purpose, inland fishing grounds shall be considered as plantation. (Art. 243
(a) (4), IRR implementing Sec. 150, LGC)
253
B. Sales Allocation. - The following sales allocation shall apply to manufacturers, assemblers,
contractors, producers, and exporters with factories, project offices, plants, and plantations in
the pursuit of their business: (Sec. 150 (b), LGC)
1) All sales made in a locality where there is a branch or sales office or warehouse
shall be recorded in said branch or sales office or warehouse and the tax shall be
payable to the city or municipality where it is located. (Art. 243 (b) (]), IRR
implementing Sec. 150 (b), LGC)
2) In cases where there is no such branch, sales office or warehouse in the locality
where the sale is made, the sale shall be recorded in the principal office along
with the sales made by said principal office and the tax shall accrue to the city or
municipality where said principal office is located. (Art. 243 (b) (2), IRR
implementing Sec. 150 (b), LGC)
11. Seventy percent (70%) of all sales recorded in the principal office
shall be taxable by the city or municipality where the factory,
project office, plant or plantation is located.
iii. LGUs where only experimental farms are located shall not be
entitled to the sales allocation herein provided. (Art. 243 (b) (3),
IRR implementing Sec. 150 (b), LGC)
The foregoing sales allocation shall be applied irrespective of whether or not sales
are made in the locality where the factory, project office, plant or plantation is
located. (Art. 243 (b) (6), IRR implementing Sec. 150 (e), LGC)
4) In the case of a plantation located in a locality other than that where the factory is
located, said seventy percent (70%) sales allocation mentioned in item (ii) under
sub-paragraph (3) above shall be divided as follows:
254
1. Sixty percent (60%) to the city or municipality where the factory is
located; and
7) In the case of sales made by the factory, project office, plant or plantation, the
sale shall be covered by paragraphs (1) and (2) above. (Art. 243 (b) (6), IRR
implementing Sec. 150 (e), LGC)
C. Port of Loading - the city or municipality where the port of loading is located shall not levy
and collect tax imposable under Section 143 of R. A. No. 7160 or the Local Government
Code of 1991, unless the exporter maintains in said city or municipality its principal office, a
branch, sales office or warehouse, factory, plant, or plantation in which case the foregoing
rules on the matter shall apply accordingly. ((Art. 243 (c), IRR implementing Sec. 150, LGC)
D. Sales Made by Route Trucks, Vans or Vehicles - The following guidelines shall apply to
route sales:
1) For route sales made in the locality where a manufacturer, producer, wholesaler,
retailer or dealer has a branch or sales office or warehouse, the sales shall be recorded
in that branch, sales office or warehouse and the tax due paid to the LGU where such
branch, sales office or warehouse is located.
2) For route sales made in a locality where a manufacturer, producer, wholesaler, retailer
or dealer has no branch, sales office or warehouse, the sales shall be recorded in the
255
branch, sales office or warehouse from where the route trucks withdraw their
products for sale, and the tax due on such sales is paid to the LGU where such branch,
sales office or warehouse is located.
3) Based on the foregoing, LGUs where route trucks deliver merchandise cannot impose
any tax on said trucks except the annual fixed tax authorized to be imposed by the
province under Section 141 of R. A. No. 7160 or the Local Government Code of
1991254, which cities may likewise impose under Section 151 of the same Code,255 on
every delivery truck or van or any vehicles used by manufacturers, producers,
wholesalers, dealers or retailers in the delivery or distribution of distilled spirits,
fermented liquors, softdrinks, cigars and cigarettes, and other products as may be
determined by the sangguniang panlalawigan.
4) In addition to this annual fixed tax, cities may also collect from same manufacturers,
producers, wholesalers, retailers, and dealers using route trucks a mayor's permit fee
which shall be imposed in a local tax ordinance pursuant to Section 147 in relation to
Section 151, both of R. A. No. 7160 or the Local Government Code of 1991. (Art.
243 (d), !RR implementing Sec. 150, LGC)
Section 225. Retirement of Business. - (a) A business subject to tax pursuant to the preceding
sections shall, upon termination thereof, submit a sworn statement of its gross sales or receipts
for the current year. If the tax paid during the year be less than the tax due on said gross sales or
receipts of the current year, the difference shall be paid before the business is considered
officially retired. (Sec. 145, LGC)
(b) Termination of Business Construed. - For purposes hereof, termination shall mean that
business operations are stopped completely. Any change in ownership, management and/or name
of the business shall not constitute termination as herein contemplated. Unless stated otherwise,
the assumption of the business by any new owner or manager or re-registration of the same
business under a new name will be considered by the LGU concerned only for record purposes
in the course of the renewal of the permit or license to operate the business.
Illustrative Case:
1) A transfer in ownership does not mean the retirement or termination of a business. The
retirement of business, as contemplated by law, means a complete cessation or stoppage of
business operations. In a change of ownership, the business continues under the stewardship
of another set of owners. (BLGF Opinion, August 12, 1993)
254
See Sec. 207, this Manual
255
See Sec. 219, this Manual
256
1) The Local Treasurer shall assign every application for the termination or retirement of
business to an inspector in his office who shall go to the address of the business on record
to verify if it is really no longer operating. If the inspector finds that the business is
simply placed under a new name, manager and/or new owner, the Local Treasurer shall
recommend to the Mayor the disapproval of the application for the termination or
retirement of said business;
2) Accordingly, the business shall continue to be liable for the payment of all the taxes, fees
and charges imposed on it under existing local tax ordinances;
3) In addition, in the case of a new owner to whom the business was transferred by sale or
other form of conveyance, said new owner shall be liable to pay the tax or fee for the
transfer of the business to him if there is an existing ordinance prescribing such a transfer
tax.
(d) In case it is found that the retirement or termination of the business is found to be legitimate,
and the tax due from therefrom be less than the tax due for the current year based on the gross
sales or receipts, the difference in the amount of the tax shall be paid before the business is
considered officially retired or terminated.
(e) The permit issued to a business retiring or terminating its operations shall be surrendered to
the Local Treasurer who shall forthwith cancel the same and record the cancellation in his books.
(Art. 241, IRR implementing Sec. 145, LGC)
For purposes of enacting a local tax ordinance levying the community tax, the conduct of a
public hearing provided for under Section 186 of R. A. No. 7160 or the Local Government Code
of 1991, shall be dispensed with. (Art. 245, IRR implementing Sec. 156, LGC)
257
iii. An individual who owns real property with an aggregate assessed value of
One Thousand Pesos (P 1,000.00) or more; and
iv. An individual who is required by law to file an income tax return. (Art.
246 (a), /RR, implementing Sec. 157, LGC)
1. The rate of the annual community tax that may be levied and collected
from said individuals shall be Five Pesos (P 5.00) plus an annual
additional tax of One Peso (P 1.00) for every One Thousand Pesos (P
1,000.00) of income regardless of whether from business, exercise of
profession, or from property but which in no case shall exceed Five
Thousand Pesos (P 5,000.00).
11. In case of husband and wife, each of them shall be liable to pay the basic
annual tax of Five Pesos (P 5.00), but the additional tax imposable on the
husband and wife shall be One Peso (P 1.00) for every One Thousand
Pesos (P 1,000.00) of income from the total property owned by them
and/or the total gross receipts or earnings derived by them. (Art. 246 (b),
/RR implementing Sec. 157, LGC)
c) Juridical Persons Liable for the Payment of the Community Tax. - Every
corporation, no matter how created or organized, whether domestic or resident
foreign, engaged in or doing business in the Philippines shall pay an annual
community tax of Five Hundred Pesos (P 500.00) and an annual additional tax,
which, in no case, shall exceed Ten Thousand Pesos (P 10,000.00) in accordance with
the following schedule:
1. For every Five Thousand Pesos (P 5,000.00) worth of real property in the
Philippines, owned by the juridical entity during the preceding year, based
on the assessed value used for the payment of the real property tax under
existing laws -Two Pesos (P 2.00); and
11. For every Five Thousand Pesos (P 5,000.00) of gross receipts or earnings
derived from the business in the Philippines during the preceding year -
Two Pesos (P 2.00).
The dividends received by a corporation from another corporation shall, for the
purpose of the additional tax, be considered as part of the gross receipts or earnings of
said corporation. (Art. 246 (c), /RR implementing Sec. 158, LGC)
258
b) Transient visitors when their stay in the Philippines does not exceed three (3) months.
(Sec. 159, LGC)
3) Place of Payment. - The community tax shall be paid in the place of residence of the
individual, or in the place where the principal office of the juridical entity is located (Sec.
160, LGC).
The following are the guidelines for the place of payment of the community tax:
a) The community tax shall be paid in the city or municipality where the residence of
the individual is located, or in the city or municipality where the principal office of
the juridical entity is located (Art. 246 (e) (1), !RR implementing Sec. 160, LGC).
Thus, a sales office or branch office is not liable to pay community tax in the city of
municipality where it is located (Sec. 2, BLGF Memorandum Circular No. 153).
b) It shall be unlawful for any City or Municipal Treasurer to collect the community tax
outside the territorial jurisdiction of the city or the municipality. (Art. 246 (e) (2), !RR
implementing Sec. 160, LGC)
c) In case of branch, sales office or warehouse where sales are made and recorded, the
corresponding community tax shall be paid to the LGU where such branch, sales
office or warehouse is located. (Art. 246 (e) (3), !RR implementing Sec. 160, LGC)
d) Any person, natural or juridical, who pays the annual community tax to a city or
municipality other than the city or municipality where his residence, or principal
office in the case of juridical persons, is located shall remain liable to pay the tax to
the city or municipality concerned. (Art. 246 (e) (4), !RR implementing Sec. 160,
LGC)
4) Time of Payment; Delinquency. -Guidelines as to when the community tax shall be paid:
a) The community tax shall accrue on the first (l st) day of January of each year and shall
be paid not later than the last day of February of each year.
b) If a person reaches the age of eighteen (18) years or otherwise loses the benefit of
exemption on or before the last day of June, he shall be liable for the community tax
on the day he reaches such age or upon the day the exemption ends. However, if a
person reaches the age of eighteen (18) years or loses the benefit of exemption on or
before the last day of March, he shall have twenty (20) days to pay the community tax
without becoming delinquent.
c) Persons who come to reside in the Philippines or reach the age of eighteen (18) years
on or after the first (1 st) day of July of any year, or who cease to belong to an exempt
class on or after the same date, shall not be subject to the community tax for that year.
d) Corporations established and organized on or before the last day of June shall be
liable for the community tax for that year. But corporations established and organized
259
on or before the last day of March shall have twenty (20) days within which to pay
the community tax without becoming delinquent. Corporations established and
organized on or after the first day of July shall not be subject to the community tax
for that year. (Sec. 161, LGC)
5) Penalties for late payment. - If the tax is not paid within the time prescribed above, there
shall be added to the unpaid amount and interest of twenty-four percent (24%) per annum
from the due date until it is paid. (Sec. 161, LGC)
7) Printing of Community Tax Certificate. - The Bureau of Internal Revenue (BIR) shall
cause the printing of community tax certificates and distribute the same to the cities and
municipalities through the City and Municipal Treasurers in accordance with prescribed
regulations. However, in order to facilitate distribution, the BIR may send on consignment to
the Provincial Treasurers blank forms of the community tax certificates and the Municipal
Treasurers of the province shall secure through the Provincial Treasurer, their respective
requirements. The City or Municipal Treasurer concerned shall remit to the National
Treasurer, for the account of the BIR, the cost of printing and distribution, within ten (10)
days after the end of each quarter. In cases where the certificates were secured or
requisitioned from the Provincial Treasurer, the Municipal Treasurer shall remit payments to
the Provincial Treasurer who shall, in turn, effect the remittance to the National Treasurer as
required. (Art. 249, IRR implementing Sec. 164 (a), LGC)
8) Collection of the Community Tax by Barangay Treasurers. - The tax ordinance levying
the community tax shall authorize the City or Municipal Treasurer to deputize the Barangay
Treasurers to collect the community tax in their respective jurisdictions. Said deputation,
however, shall be limited to the community tax payable by individual taxpayers and shall be
extended only to Barangay Treasurers who are properly bonded in accordance with existing
laws. (Art. 250, IRR implementing Sec. 164 (b), LGC)
9) Allocation of Proceeds of the Community Tax. - The proceeds of the community tax
actually and directly collected by the City or Municipal Treasurer shall accrue entirely to the
General Fund of the city or municipality concerned. However, proceeds of the community
tax collected through the Barangay Treasurers shall be apportioned as follows:
a) Fifty percent (50%) shall accrue to the General Fund of the city or municipality
concerned; and
b) Fifty percent (50%) shall accrue to the barangay where the tax is collected. (Art. 251,
IRR implementing Sec. 164 (c), LGC)
256
See Sec. 226 (2), this Manual
260
G. SPECIFIC APPLICATIONS OF AUTHORITY TO TAX
FRANCHISES
Section 227. Instance When Corporation is Liable for Franchise Tax Nothwithstanding
Exemption Granted Under its Charter.
The National Power Corporation (NPC), a government corporation, maintains that it does not fall
within the purview of business enjoying a franchise since its operation is not for profit but for
public service, and further, that it is exempt from all forms of taxes under its Charter, P.D. No.
938.
Section 137 of R. A. No. 7160 or the Local Government Code of 1991, clearly and specifically
declares that notwithstanding any exemption granted by law or other special law, the province
may impose a tax on business enjoying a franchise, at a rate not exceeding fifty percent (50%) of
one percent (1%) of the gross annual receipts for the preceding calendar year based on the
incoming receipts realized within its territorial jurisdiction.
As to the conflict between the provisions of the Local Government Code of 1991, a general law,
and the NPC Charter, a special law, it was held that while admittedly the established
jurisprudence is that if a general law is enacted after the special law, the special law nevertheless
remains, this admits of exceptions. One such exception is the cited case of Compania General vs.
Collector of Customs, 46 Phil. 8, in which it was ruled that when there is a clear, necessary and
irreconcilable conflict between the general and special law, the general law shall prevail. (BLGF
Letter, September 4, 1995 to National Power Corp., Baguio City)
Section 228. Variations of the "In Lieu" clause in the terms of franchise. - It devolves upon
Provincial and City Treasurers to examine the terms of franchise holders operating in their
respective jurisdictions, inasmuch as the terms of franchises vary such that while some admit of
the local impost, others do not.
Illustrative Cases:
1) In one case, the franchise proviso stipulates that, "This (national government franchise) tax
shall be in lieu of all other taxes on all properties except real property, used by the grantee
under this franchise". Accordingly, it was opined that such exemption "is limited to the taxes
on personal property (e.g. poles, wires, insulators, transformers, conductors, x x x) used by
the grantee, and does not confer a blanket exemption" (Opinion No. 89, s. 1974, Secretary of
Justice). Such type of franchise proviso does not exempt the holder from the franchise tax
which a city may impose (Opinion No. 116, S. 1974, Secretary ofJustice).
261
2) Where the franchise terms provide that, "it shall be in lieu of all other taxes and assessments
of whatever nature and by whatever authority upon the privilege, earnings, income franchise
x x x", it was held to be not subject to the local franchise tax. (DOF Letter, March 19, 1975
to Messrs. Quimzon, De Guzman, Makalintal and Veneracion, Greenhills, Rizal)
3) In another case, the franchise provides that, "Such annual x x x payments shall be in lieu of
all taxes of every name and nature - municipal, province or central upon the capital stock,
franchises, right of way, earnings and all other property owned or operated by the grantee x x
x". Clearly this may not be subject to the additional provincial franchise tax. Thus, business
establishments with franchises containing the "in lieu of all taxes" proviso are not subject to
the said local tax, such as those of the Radio Communications of the Phil., Inc. (RCPI), the
Manila Electric Co (Meralco), and the Philippine Long Distance Telephone Co. (PLDT).
(Local Tax Regulations No. 3-75, Department of Finance)
Section 229. Uncollected Gross Receipts are Included in Computing Franchise Tax. - The
uncollected amounts due from customers should be included in computing the franchise tax
payable, which is based on gross receipts. The terms "gross receipts" means "gross earnings". A
person may have earned his salary but may not have collected it, thereby showing that "to
collect" is a different act from "to earn". Consequently, the uncollected "gross receipts" which
should be construed as meaning the same thing as "gross earnings" should be subject to the
franchise tax. (Escudero Electric Service vis. Tabios, 33 SCRA 547)
Section 230. Authority to Impose and Collect Fees and Charges. - (a) Every local
government unit created or recognized under R. A. No. 7160 or the Local Government Code of
1991, is a body politic and corporate endowed with powers to be exercised by it in conformity
with law. As such, it shall exercise powers as a political subdivision of the National Government
and as a corporate entity representing the inhabitants of its territory. (Sec. 15, LGC)
(b) Every local government unit shall exercise the powers expressly granted, those necessarily
implied therefrom, as well as powers necessary, appropriate, or incidental to its efficient and
effective governance, and those which are essential to the promotion of the general welfare.
(Sec. 16, LGC)
(c) Local government units shall have the power and authority, among others:
1) To create their own sources of revenue and to levy taxes, fees and charges which
shall accrue exclusively for their use and disposition and which shall be retained by
them.
2) To have an equitable share in the proceeds from the utilization and development of
the national wealth and resources within their respective territorial jurisdictions
including sharing the same with the inhabitants by way of direct benefits.
262
3) To acquire, develop, lease, encumber, alienate, or otherwise dispose of real or
personal property held by them in their proprietary capacity and to apply their
resources and assets for productive, developmental, or welfare purposes, in the
exercise or furtherance of their governmental or proprietary powers and functions.
(Sec. 18, LGC)
Illustrative Cases:
1) In the exercise of their governmental functions, local government units are endowed with
police powers, under which they may regulate and inspect businesses and their activities
and the practice of any profession or calling, and collect fees commensurate to the cost of
regulation, inspection, and licensing. Police powers are defined as the power to prescribe
regulations to promote the health, morals, peace, education , good order or safety and
general welfare of the people. (Sangalang, et al., vs. !AC, 176 SCRA 179)
2) Local government units are also authorized to levy and collect charges in the exercise of
their proprietary functions. Proprietary functions are exercised not for regulatory
purposes but for the peculiar benefit and advantage of citizens. (City of Pueblo vs. Weed,
Colo. App. 570 p.2d 15, 18)
a) Charges - pecuniary liability, as rents or fees against persons or property. (Sec. 131 (g),
LGC)
b) Fee - a charge fixed by law or ordinance for the regulation or inspection of a business or
activity (Sec. 131(l), LGC). It shall also include charges fixed by law or agency for the
services of a public officer in the discharge of his official duties. (Art. 220 (!), !RR
implementing Sec. 131 (!), LGC)
c) Franchise - a right or privilege, affected with public interest which is conferred upon private
persons or corporations, under such terms and conditions as the government and its political
subdivisions may impose in the interest of public welfare, security, and safety. (Sec. 131 (m),
LGC)
d) Gross Sales or Receipts - the total amount of money or its equivalent representing the
contract price, compensation or service fee, including the amount charged or materials
supplied with the services and deposits or advance payments actually or constructively
received during the taxable quarter for the services performed or to be performed for another
person excluding discounts if determinable at the time of sales, sales returns, excise tax, and
value-added tax (VAT). (Sec. 131-n, LGC)
e) Permit Fee - the allowable local government imposition intended to cover the cost of
regulation, inspection, and surveillance of a business or occupation. (p. 126, Philippine Law
on Local Government Taxation, Annotated, 2000 edition, Ursa!)
263
f) Police Power - the power to prescribe regulations to promote the health, morals, peace,
education, good order or safety and general welfare of the people. (Sangalang, et al., vs. IA C,
176 SCRA 179)
h) Toll fee - a sum of money for the use of something, generally applied to the consideration
which is paid for the use of a road, bridge, or the like, of a public nature. (Sec. 14, Cooley on
Taxation ih ed)
i) User's Charges - prices charged by local governments for the use of public utilities.
Section 232. Common Revenue Raising Powers. -Local government units have common
revenue raising powers that allow them to impose the following:
a) Service Fees and Charges. - Local government units may impose and collect such
reasonable fees and charges for services rendered. (Sec. 153, LGC)
b) Public Utility Charges - Local government units may fix the rates for the operation of
public utilities owned, operated and maintained by them within their jurisdiction. (Sec. 154,
LGC)
c) Toll Fees or Charges - The sanggunian concerned may prescribe the terms and conditions
and fix the rates for the use of any public road, pier or wharf, waterway, bridge, ferry or
telecommunication system funded and constructed by the local government unit concerned:
Provided, That no such toll fees or charges shall be collected from officers and enlisted men
of the Armed Forces of the Philippines and members of the Philippine National Police on
mission, post office personnel delivering mail, physically-handicapped, and disabled citizens
who are sixty-five (65) years or older.
When public safety and welfare so requires, the sanggunian concerned may discontinue the
collection of the tolls, and thereafter the said facility shall be free and open for public use.
(Sec. 155, LGC)
Section 233. Criteria in Determining the Reasonableness of Fees and Charges. - The
power to impose a tax, fee, or charge or to generate revenue under R. A. No. 7160 or the Local
Government Code of 1991, shall be exercised by the sanggunian of the local government unit
concerned through an appropriate ordinance. (Sec. 132, LGC)
Fees and charges shall be reasonable and commensurate with the cost of regulation, inspection
and licensing. In fixing the amount of fees and charges the following shall be considered:
l ) In the absence of special authority to impose a tax to raise revenues, the fee for
regulation of useful occupations may only be of an amount sufficient to cover the
expenses of issuing the license (permit fee) and the cost of the necessary inspection or
264
police surveillance, taking into account not only the expense of direct regulation but
also all other incidental consequences.
2) While local government units are allowed much wider discretion in fixing the amount
of license fees in the case of non-useful occupations, fees and charges must not be
unreasonable, oppressive, or tyrannical.
Section 234. Mayor's Permit. - All businesses are required to obtain Mayor's Permit before
they engage in any business within a city or municipality. This permit allows them the privilege
of conducting their business within the jurisdiction of the city or municipality.
The following procedures shall be observed in securing Mayor's Permit for business:
1) Application for Mayors' Permit. - An application for a Mayor's Permit shall be filed
with the Office of the City/Municipal Mayor. The form for the purpose shall be issued by
the Mayor's Office and shall set forth the requisite information, including the name and
residence of the applicant, the description of business or undertaking that is to be
conducted, and such other data or information as may be required. (Local Tax Regulation
No. 1-77, Department of Finance; p. 138, Philippine Law on Local Government
Taxation, Annotate, 2000 edition, Ursa!)
e) Certification from the officer in charge of the zoning that the location of
the new business is in accordance with zoning regulations
f) Tax Clearance showing that the operator has paid all tax obligations in the
city/municipality
265
h) Three (3) passport size pictures of the owner or operator or in cases of a
partnership or corporation the pictures of the senior or managing partners
and that of the President or General Manager
i) Health Certificate for all food handlers, and those required under the
provisions of a duly-enacted revenue code
g) Barangay Clearance
4) Time and Manner of Payment. - The fee for the issuance of a Mayor's Permit shall be
paid to the City/Municipal Treasurer upon application, before any business or
undertaking can be lawfully begun or pursued, and within the first twenty (20) days of
January of each year in case of renewal of the permit.
266
5) Issuance of Permit - A Mayor's Permit shall be secured for every separate or distinct
establishment or place where business is conducted (Art. 242 (a), !RR implementing Sec.
146, LGC). The following are the guidelines for the issuance of Mayor's Permit:
a) The Mayor's Permit shall be issued by the City/Municipal Mayor's Office upon
submission of official receipt issued by the City/Municipal Treasurer for the
payment of the business tax.
b) Every permit issued by the Mayor shall reflect the name and residence of the
applicant, his nationality and marital status; nature of the organization (whether
the business is a sole proprietorship, corporation or partnership, etc); location of
the business; date of issue and expiration of the permit; and other information as
may be necessary.
6) Posting of Permit. - Every business owner shall keep his permit conspicuously posted at
all times in his place of business or office or if he has no place of business or office, he
shall keep the permit on his person. The permit shall be immediately produced upon
demand by the City/Municipal Mayor, the City/Municipal Treasurer or any of their duly
authorized representatives.
7) Duration of Permit and Renewal. - The Mayor's Permit shall be valid for a period of
not more than one (1) year and shall expire on the thirty-first (31 51) of December
following the date of issuance, unless revoked or surrendered earlier. Every permit shall
cease to be in force upon revocation or surrender thereof. The permit issued shall be
renewed within the first twenty (20) days of January. It shall have a continuing validity
only upon renewal and payment of the corresponding fee.
8) Revocation of Permit. - The Mayor's Permit may be revoked on the following grounds:
a) When a person doing business under the provisions of the revenue code of the
city or municipality violates any of its provisions.
c) When the person abuses his privilege to do business to the injury of the public
moral or peace.
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Such revocation shall operate to:
1. forfeit all sums which may been paid in respect to said privilege, in addition to
the fines and imprisonment that may be imposed by the court or any provision
of an enabling ordinance governing the establishment and maintenance of
business; and
11. prohibit the exercise of the business by the person whose privilege is revoked,
until restored.
a) Any false statement deliberately made by the applicant shall constitute ground
from denying or revoking the permit issued by the Mayor, and the applicant or
licensee may be prosecuted in accordance with the penalties provided by
ordinance.
iii. Any person who has unsettled tax obligation, debt or other liability to
the government.
a) The rates of Mayor's Permit fees shall not be based on cafital investment or gross
sales or receipts of the person or business. (Art. 233 211' par., IRR implementing
Sec. 147, LGC)
268
1. Fixed rates for each kind of business activity;
c) For a newly started business or activity that starts to operate after January 20, the
fee shall be reckoned from the beginning of the calendar quarter.
d) When the business or activity is abandoned, the fee shall not be exacted for a
period longer than the end of the calendar or quarter. If the fee has been paid for a
period longer than the current quarter and the business activity is abandoned, no
refund of the fee corresponding to the unexpired quarter or quarters shall be
made.
Section 235. Fees for Sealing and Licensing Weights and Measures. - (a) The municipality
may levy fees for the sealing and licensing of weights and measures at such reasonable rates as
shall be prescribed by the sangguniang bayan. (Sec. 148 (a), LGC) Cities are similarly
empowered to levy such fees. (Sec. 151, LGC)
(b) The sanggunian concerned shall prescribe the necessary regulations for the use of such
weights and measures, subject to the guidelines prescribed by the Department of Science and
Technology. The sanggunian concerned shall, by appropriate ordinance, penalize fraudulent
practices and unlawful possession or use of instruments of weights and measures and
prescribed the criminal penalty in accordance with the provisions of R. A. No. 7160 or the
Local Government Code of 1991. However, the sanggunian may authorize the Local
Treasurer to settle an offense not involving the commission of fraud before a case is filed in
court, upon payment of a compromise penalty of not less than Two Hundred Pesos
(P 200.00). (Sec. 148 (b), LGC)
( c) The ordinance of the sangguniang bayan may also embody such sanctions as may deem
appropriate as regards the use of any weight or measure not properly sealed or license in
accordance with the foregoing provisions, such as the confiscation of said illegal weight and
measure, or the revocation of the permit or license of the business, and/or the filing of
appropriate charges against the owner or operator of the business. (Art. 234 (c), IRR
implementing Sec. 148, LGC)
269
Section 236. Fishery Rentals, Fees and Charges. - (a) Municipalities shall have the exclusive
authority to grant fishery privileges in the municipal waters and impose rentals, fees or charges
therefor in accordance with the provisions of this section (Sec. 149 (a), LGC). Cities are
similarly authorized to grant such privileges and impose such rentals, fees or charges. (Sec 151,
LGC)
(b) Such rentals, fees and charges shall be imposed in accordance with the following provisions:
A. Fishery Privileges. - The sangguniang bayan may grant fishery privileges to erect
fish corrals, oyster, mussel or other aquatic beds or bangus fry areas, within a definite
zone of the municipal waters, as it may determine:
2) Provided, however, That the sangguniang bayan may require a public bidding
in conformity with and pursuant to an ordinance for the grant of such
privileges; and
B. Fishing Privileges for Marginal Fisherman. - The sangguniang bayan may grant
the privilege to gather, take or catch bangus fry, prawn fry, or kawag-kawag or fry of
other species and fish from the municipal waters by nets, traps, or other fishing gears
to marginal fisherman free from any rental, fee, charge or any other impositions
whatsoever. (Sec. 149 (b) (2), LGC)
C. Licensing of Fishing Vessels. - The sangguniang bayan may issue licenses for the
operation of fishing vessels of three (3) tons or less for which purpose it shall promulgate
rules and regulations regarding the issuances of such licenses to qualified applicants
under existing laws.
D. Illegal Activities. - Provided, however, That the sangguniang bayan concerned shall, by
appropriate ordinance, penalize the use of explosives, noxious or poisonous substances,
electricity, muro-ami, and other deleterious methods of fishing and prescribe a criminal
penalty therefor in accordance with the provisions of R. A. No. 7160 or the Local
Government Code of 1991. Provided, finally, That the sanggunian bayan concerned
shall, have the authority to prosecute any violation of the provisions of applicable fishery
laws. (Sec. 149 (b) (3), LGC)
Section 237. Fees and Charges that May Be Imposed by Barangays. - Barangays may levy
fees and charges which shall accrue exclusively to them (Sec. 152, LGC), as follows:
270
1) Service Fees or Charges. - Barangays may collect reasonable fees or charges for services
rendered in connection with the regulation or use of barangay-owned properties or service
facilities such as palay, copra, or tobacco dyers. (Sec. 152 (b), LGC)
2) Barangay Clearance. - No city or municipality may issue any license or permit for any
business or activity unless a clearance is first obtained from the barangay where such
business or activity is located or conducted. For such clearance, the sanggunian barangay
may impose a reasonable fee. The application for clearance shall be acted upon within seven
(7) working days from filing thereof. In the event that the clearance is not issued within the
said period, the city or municipality may issue the said license or permit. (Sec. 152 (c), LGC)
3) Other Fees and Charges. -The barangay may also levy reasonable fees and charges:
iii. Billboards, signboards, neon signs, and outdoor advertisements. (Sec. 152 (d),
LGC)
Section 238. Fees and Charges that may be Imposed by Local Government Units. - The
following are some of the fees and charges that may be imposed by local government units: 258
258
Typical approaches in imposing and administering the fees and charges aforementioned are presented under
Chapter 3, Book V of this Manual.
271
21) Toll Fees or Charges
22) Permit Fee for Cockpit Owner/Operators/Licensees/Promoters and Cockpit Personnel
23) Permit Fee for the Conduct of Group Activities
Section 239. Fees and Charges Collected by Local Government Units for the National
Government. - Certain fees and charges imposed by the National Government on businesses
and activities are collected on its behalf by the local government units. It is the duty of the Local
Treasurer concerned to collect fees and charges and to remit collections promptly in accordance
with law or issuance, authorizing the local government unit to undertake the collection.
1) The Fire Safety Inspection Certificate shall be issued upon payment by the applicant
of a fee equivalent to ten percent (10%) of all fees charged by the building official,
government agencies concerned in the granting of pertinent permits or licenses. (Sec.
I, 206, P.D. No. 1185259)
2) The Annual Fire Inspection Fee should not exceed the amount equivalent to one tenth
percent (0.01%) of the assessed value of the building or structure. To partially
provide for the funding of the Fire Service, the following taxes and fees are imposed:
(Sec. 13-b, P. D. No. 1185)
B. Fees and Charges for National Meat Inspection Commission Services. -The fees and
charges for services rendered by the National Meat Inspection Commission (NMIC) are
subject to the rates prescribed under Article 17 (d) ofR. A. No. 7394261 , on the following:
259
Fire Code of the Philippines
260
Cited in BLGF 3rd Jndorsement, June 15, 1995 to the Municipal Treasurer of!pi/, Zamboanga de/ Sur)
261
The Consumer Act of the Philippines
272
6) Laboratory Fees for the Examination of Meat and Meat Products:
a) Pathological Examination
b) Parasitological Examination
c) Microbiological Examination
d) Chemical Examination
e) Oranoleptic Examination
Section 240. Building Permit. - No person, firm or corporation, including any agency or
instrumentality of the government, shall erect, construct, alter, repair, move, convert, or demolish
any building or structure or cause the same to be done without first obtaining a building permit
from the building official assigned in the place where the subject building is located or the
building work is to be done. (Sec. 301, P. D. No., 1096262)
A. Payment of Related Fees and Charges. - The corresponding fees and charges shall be
collected for services rendered in connection with the processing and issuance of building
permit fees, signboard permit fee, plumbing inspection permit fee, sanitary inspection fees,
mechanical installation and inspection fees and such other impositions as may be prescribed
by the Department of Public Works and Highways from persons, firms and corporations
before they are allowed to erect, construct, alter, move, convert or demolish any public or
private building or structure within the city/municipality in the exercise of regulatory powers
over public buildings and structures.
B. Issuing Official. - The City/Municipal Engineer shall be responsible for the issuance of
building and other permits and the computation of the correct regulatory fees. Payments shall
be paid at the Treasurer's Office.
Section 241. Permit Fee for Zoning and Locational Clearance Permit. - (a) There shall be
collected a Mayor's Permit Fee for Zoning/Locational Clearance for all structures to be
constructed in the city/municipality in accordance with existing ordinances and Housing and
Land Use Regulatory Board (HLURB) guiding rates.
(b) Time and Manner of Payment. - The fees shall be paid by the applicant or his
representatives to the City/Municipal Treasurer when zoning/locational clearance is granted.
(c) Administrative Provisions - The City/Municipal Mayor shall administer the provision of
existing ordinances, executive orders, laws relating to and governing zoning/locational clearance.
A. Zoning/Local Clearance:
273
c) Dormitories
d) Institutions
e) Commercial, industrial, agro-industrial projects
t) Special uses/special projects
g) Alterations/Expansions (affected areas/cost of expansion only)
B. Subdivisions and Condominium Projects/Activities (P. D. No. 957263 ):
1) Subdivision:
and Technical Requirements for Economic and Socialized Housing Projects in Urban and Rural Areas from those
Provided under P. D. Nos. 957, 1216, 1096 and 1185
274
b) For every additional hectare or a fraction thereof:
• Socialized Housing
• Economic Housing
c) Final Approval & Development Permit
d) Inspection Fee:
• Socialized Housing
• Economic Housing
e) Alteration of Plan (affected areas only)
t) Building Permit (per square meter of floor area of housing unit)
g) Certificate of Registration & License to Sell:
• Socialized Housing
• Economic Housing
h) Certificate of Completion (per hectare or a fraction of land area)
i) Certificate of Occupancy (per square meter of floor area of the housing
unit)
2) Simple Subdivision:
a) Approval
b) Inspection Fee
3) Condominium:
275
1) Preliminary Approval and Locational Clearance:
• First two (2) hectares
• Every additional hectare or fraction thereof
2) Final Approval and Development Permit
3) Inspection Fee
4) Alteration of Plan (affected areas only)
5) Certificate of Registration & License to Sell
6) Certificate of Completion
C. Other Transactions/Certifications:
276
a) Application/Request for:
1) Advertisement Approval
2) Cancellation/Reduction of Performance Bond
3) Lifting of Suspension of License to Sell
4) Extension of Time to Complete Development
5) Exemption from Cease and Desist Order
6) Clearance to Mortgage
7) Lifting of Cease and Desist Order
8) Change of Name/Ownership
9) Voluntary Cancellation of CR/LS
10) Revalidation/Renewal of Permit (condominium)
D. Other Certifications:
a) Zoning Certifications
b) Certificate of Town Plan/Zoning Ordinance Approval
c) Certificate of New Rights/Sales
d) Certificate of Locational Viability
e) Certificate of Registration and License to Sell (form)
f) Others to include:
• Availability of records/public request of copies/research works
• Certificate of no records on file
• Certificate of with or without CR/LS
• Certified true copies of documents
E. Registration of Dealers/Brokers/Salesmen:
a) Dealers/Brokers
b) Salesmen/Agent
The issuance of licenses to tricycle drivers and charging of fees for the registrations of tricycles
are under the jurisdiction of the Land Transportation Office (LTO).
a) Definition of Terms. - The following terms as used in relation to the regulation of the
operation of motorized tricycles shall refer to:
277
a two-wheeled cab, the former having a total offour (4) wheels, otherwise known
as the motorela.
b) Annual Franchise Fee. - The city or municipality may, through a duly approved ordinance,
fix, impose and collect an annual franchise fee for the operation of motorized tricycle-for
hire.
c) Other Fees on Motorized Tricycle Operations. - In addition to the annual franchise fee,
the city or municipality may, also by passing the appropriate legislation, fix and collect other
fees on motorized tricycle-for-hire operations, such as but not limited to the following:
1) Filing fee (when applying for franchise)
2) Fare adjustment fee for fare increase
3) Filing fee for amendment ofMTOP
1) Prospective operators oftricycle should first secure MTOP from the sanggunian;
2) The fee shall be paid to the City/Municipal Treasurer upon application or renewal
ofthe permit;
3) The filing fee shall be paid upon application for an MTOP based on the number of
units;
4) Filing fee for amendment of MTOP shall be paid upon application for transfer to
another zone, change ofownership ofunit or transfer ofMTOP.
278
3) Prescribe and regulate zones of service in coordination with the barangay;
4) After public hearing, determine, fix, prescribe or periodically adjust fares or rates
for the service provided in a zone;
5) Fix, impose and collect, and periodically review and adjust but not oftener than
once every three (3) years, reasonable fees and other related charges in the
regulation of tricycle for hire and;
t) Other Provisions. - In the exercise of the regulatory powers of the sanggunian, the
following additional provisions are to be observed:
1) Fares. - The sanggunian shall establish a fare structure that will provide the
operator a reasonable return or profit and still be affordable to the general public:
a) The fare structure may either be flat (single fare regardless of distance) or a
minimum amount plus a basic rate per kilometer;
b) The official rate to be initially adopted shall be minimum fee fixed by way of
an ordinance;
Any zone must be set within the boundaries of the city/municipality. Existing
zones that extend beyond the territorial limits of the city/municipality to other
adjoining municipalities or cities shall be maintained, provided, the operator
serving the said zone secures the MTOPs that may be required by the sharing
municipalities.
279
A. Registration Requirements:
3) Registration of Owner's Brand. - The owner of large cattle shall register his owner's
brand with the City/Municipal Treasurer and pay the brand registration fee provided by
ordinance.
1) Large cattle shall be registered with the Office of the City/Municipal Treasurer upon
reaching the age of two (2) years.
2) The ownership of large cattle or its sale or transfer of ownership to another person shall
be registered with the Office of the City/Municipal Treasurer. All branded and counter
branded large cattle presented to the City/Municipal Treasurer shall be registered in a
book showing among others, the name and residence of the owner, the consideration or
purchase price of the animal in cases of sale or transfer, and the class, color, sex, brands
and other identification marks of the cattle. These data shall also be stated in the
certificate of ownership issued to the owner of the large cattle.
3) The transfer of the large cattle, regardless of its age, shall be entered in the registry book
setting forth, among others, the names and the residences of the owners and the
purchaser, the consideration or purchase price of the animal for sale or transfer, class,
sex, brands and other identifying marks of the animals; and a reference by number to the
original Certificate of Ownership with the name of the city/municipality who issued it.
5) All other matters relating to the registration of large cattle shall be governed by the
pertinent provisions of the Revised Administrative Code and other applicable laws,
ordinances and rules and regulations.
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A. General Provision. - There shall be collected a fee on every person who shall make or cause
to be made any excavation on public or private streets within the city/municipality, such as:
1) No person shall undertake or cause to undertake any digging or excavation, on any part
or portion of the municipal streets unless a permit shall have been first secured from the
Office of the City/Municipal Mayor, specifying the duration of the excavation.
3) In order to protect the public from any danger, appropriate signs must be placed in the
area where work is being done.
Section 245. Permit Fee for Sealing and Licensing of Weights and Measures. -
A. General Provision. - Every person before using instruments of weights and measures for
business, service, commercial, or other transactions with the public within the
city/municipality, shall first have them sealed and pay the corresponding fee, fixed under an
ordinance, to the City/Municipal Treasurer.
For each and every re-testing and re-sealing of weights and measuring instruments including
gasoline pumps outside the office upon request of the owner or operator, an additional
service charge to be fixed by ordinance for each instrument shall be collected.
C. Exemptions:
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1) All instruments for weights and measures used in government work or maintained for
public use by any instrumentality of the government shall be tested and sealed free.
D. Administrative Provisions:
1) Unless otherwise provided by ordinance, law or other valid order, the official receipt for
the fee issued for the sealing of weight or measure shall serve as a license to use such
instrument for one (1) year from the date of sealing, unless deterioration or damage
renders the weight or measure inaccurate within the period.
Unless otherwise provided, the license shall be preserved by the month of the year
following its original issuance. Such license shall be preserved by the owner and together
with the weight or measure covered by the license shall be presented (exhibited) on
demand by the City/Municipal Treasurer or his deputies.
2) The City/Municipal Treasurer is hereby required to keep full sets of secondary standards
which shall be compared with the fundamental standards in the Department of Science
and Technology annually. When found to be within accepted tolerances, the secondary
standards shall be distinguished by label, tag or seal and shall be accompanied by a
certificate showing the degree of their variation from the fundamental standards. If the
variation is of sufficient magnitude to impair the utility of instrument, it shall be
destroyed at the Department of Science and Technology.
3) The City/Municipal Treasurer or his deputies shall conduct periodic physical inspection
and test of weights and measures instruments within the locality.
a) Place an official tag or seal upon any instrument of weights and measures or attach it
thereto.
b) Fraudulently imitate any mark, stamp or brand, tag or other characteristic sign used to
indicate that the weights and measures have been officially sealed.
c) Alter in any way the certificate given by the sealer as an acknowledgement that the
weights and measures mentioned therein have been duly sealed.
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d) Make or knowingly sell or use any false or counterfeit stamps, tag, certificate, license,
or any dye for printing or making stamps, tags, certificates, or licenses which is an
imitation of or purports to be a lawful stamp, tag, certificate or license required.
e) Alter the written or printed figures or letters on any stamp, tag, certificate of license
used or issued.
f) Have in his possession any such false, counterfeit restored or altered stamp, tag,
certificate, or license for the purpose of using or re-using the same in payment of fees
or charges.
A person who commits any of the offences above shall, for each offense, be fined an
amount or imprisoned or, at the discretion of the court, both fined and imprisoned in
accordance with the amounts and terms imposed under an ordinance duly enacted by
the sanggunian of the local government unit.
h) Any person with fraudulent intent, alters any scale or balance, weight or measure
after it is officially sealed or who knowingly uses any false scale or balance, weight
or measure, whether sealed or not shall be punished by a fine of an amount fixed in
the ordinance or by imprisonment for a period prescribed therein, or both, at the
discretion of the court.
i) Any person who fraudulently gives short weight or measure in the making of a sale,
or who fraudulently takes excessive weight or measure in the making of a purchase,
or who, assuming to determine truly the weight or measure of any article bought or
sold by weight or measure, fraudulently misrepresents the weights or measures
thereof shall be punished by a fine of an amount fixed by an ordinance or by
imprisonment for a period prescribed therein, or both at the discretion of the court.
2) Unlawful possession or use of instrument not sealed before using and not sealed
within the period prescribed. - Any person with the practice of buying or selling goods
by weights and/or measures, or of furnishing services the value of which is estimated by
weight or measure who has in his possession, without permit, any unsealed scale,
balance, weight or measure, and any person who uses in any purchase or sale or in
estimating the value of any service furnished, any instrument of weight or measure that
has not been officially sealed, or if previously sealed, the license therefor has expired and
has not been renewed in due time shall be punished by a fine of an amount imposed in
the ordinance or by imprisonment for a period prescribed therein, or both at the discretion
of the court.
If, however, such scale , balance, weight or measure, has been officially sealed at some
previous time and the seal and tag officially affixed thereto remain intact and in the same
position and condition in which they were placed by the official sealer, and the
instrument is found not to have been altered or rendered inaccurate but still to be
283
sufficiently accurate to warrant its being sealed without repairs or alterations such
instruments shall, if presented for sealing promptly on demand of an authorized sealer or
inspector of weights and measures, be sealed, and the owner, possessor, or user of the
same shall be subject to no penalty except a surcharge to be fixed by ordinance plus the
regular fee fixed by law for the sealing of an instrument of its class, this surcharge to be
collected and accounted for by the City/Municipal Treasurer in the same manner as the
regular fees for sealing such instruments.
3) Administrative Penalties:
a) Any person with the practice of buying or selling by weight and measure using
unsealed and/or unregistered instrument shall be penalized an amount fixed in an
ordinance:
1. When correct
11. When incorrect, but within tolerable allowance of defect or short measure
b) Failure to produce weight and measure tag or license or certificate upon demand, but
the instrument is duly registered:
1. When correct
11. When incorrect, but within tolerable allowance of defect or short measure
c) Any person found violating any of the above two (2) provisions for the second time
shall be fined twice the above penalty.
Section 246. Permit Fee on Film-Making within the Territory of the Local Government
Unit. - There shall be collected a permit fee from any person who shall go on location-filming
within the territorial jurisdiction of the city/municipality, such as:
a) Commercial movies
b) Commercial advertisements
c) Documentary film
d) Videotape coverage
Section 247. Permit Fee on Agricultural Machinery and Other Heavy Equipment for
Rent. - There shall be collected an annual fee for each agricultural machinery or heavy
equipment from operators of said machinery, renting out said equipment in the city/municipality
such as but not limited to the following:
a) Hand Tractors
b) Light Tractors
c) Heavy Tractors
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d) Bulldozers
e) Forklifts
f) Heavy Graders
g) Light Graders
h) Mechanized Threshers
i) Manual Threshers
j) Cargo Trucks
k) Dump Trucks
l) Payloaders
m) Prime Movers/Flatbeds
n) Backhoes
o) Rock Crushers
p) Batching Plants
q) Transit/Mixer Trucks
r) Cranes
s) Other Agricultural Machinery and Heavy Equipment
A. General Provision. - There shall be collected an annual fee for the issuance of Mayor's
Permit to every person who shall be engaged in the practice of occupation or calling not
requiring government examination.
B. Common Occupations or Callings. - The application of these fees generally are applied but
need not cover, nor are limited to the following common classifications or groups of
occupations and callings:
2) Employees and workers in commercial establishments who cater or attend to the daily
needs of the inquiring or paying public.
285
expert; rig driver (cochero); taxi driver; stage-performer; salesgirl; sculptor; waiter or
waitress; and welder and other occupation/calling.
C. Exemptions. - All professionals who are subject to the city/provincial tax imposition
pursuant to Section 139 of R. A. No. 7160 or the Local Government Code of 1991,266 and
government employees are exempted from payment of this fee
266
See Sec. 205, this Manual
286
2) Employees and workers in commercial establishment who generally enter or attend to the
daily needs of the general public such as but not limited to the following: Employees and
workers in drugstores, department stores, groceries supermarkets, beauty saloons, tailor
shops, dress shop, bank teller, receptionist, receiving clerk in paying outlets of public
utilities corporation except transportation companies, and other commercial
establishment whose employees and workers attend to the daily needs of the inquiring or
paying public.
3) Employees and workers in food or eatery establishments such as but not limited to the
following:
4) Employees or workers in night or night and day establishments such as but not limited to
the following:
b) Provided, That in the case of night and day clubs, night clubs, day clubs,
cocktail lounges, bars, cabarets, sauna bath houses and other similar places of
amusements, they shall under no circumstances allow hostesses, waitresses,
waiters, entertainers, or hospitality girls below 18 years of age to work as
such. Workers who shall secure the individual Mayor's Permit on their 181h
birth year, shall present their baptismal or birth certificate duly issued by the
local civil registrar concerned.
5) All other employees and persons who exercise their profession, occupation or calling
within the jurisdiction limits of the city/municipality aside from those above mentioned.
E. Surcharge for Late Payment. - Failure to pay the fee within the time prescribed shall
subject a taxpayer to a surcharge of twenty-five percent (25%) of the original amount of the
fee due, such surcharge shall be paid at the same time and in the same manner as the tax due.
287
F. Other Provisions:
2) Newly hired workers and/or employees employed in the covered occupations shall
secure their individual Mayor's Permit from the moment they are actually accepted
by the management of any business or individual establishments to start working.
3) The Treasurer shall keep a record of persons engaged in occupation and/or calling not
requiring government examination and the corresponding payment of fees required
under personal data for reference purpose.
288
Section 249. Permit Fee for the Storage of Flammable and Combustible Materials. -
A. Basic Provisions. - There shall be collected an annual permit fee for the storage of
combustible materials at the rates fixed by an ordinance on the following:
No person shall keep or store at his place of business any of the above cited flammable,
combustible or explosive substance without securing a permit therefor.
B. Exemption. - Gasoline or naptha not exceeding the quantity of one hundred (100) gallons,
kept in and used by launches or motor vehicles, shall be exempt from the permit fee herein
required.
C. Monitoring/Compliance. - The Mayor shall promulgate regulations for the proper storing
of said substances and shall designate the proper official who shall be in charge of ensuring
compliance with the provisions of the ordinance.
Section 250. Permit Fee on Certain Types of Machineries and Engines. - There shall be
imposed an annual fee fixed by an ordinance on the following but not limited to:
The basis for the fee generally is the need to regulate machinery and equipment that may be
considered pollutive, or hazardous when operated without care or in certain locations or under
certain conditions, or that may create a nuisance (e.g., noise, vibrations). Other reasonable bases
for regulation may also be considered.
Section 251. Permit Fee for Temporary Use of Roads, Streets, Sidewalks, Alleys, Patios,
Plaza and Playgrounds.
a) General Provision. - Any person who shall temporarily use and/or occupy a street,
sidewalk, or alley or portion thereof in the city/municipality in connection with their
construction works and other purposes, shall first secure a permit from the Mayor and pay a
fee in accordance with the ordinance.
289
b) Exemptions. - For wakes and other charitable, religious and educations purposes, use and/or
occupancy is exempted from the payment of permit fee provided the proper permit is secured
before such use and/or occupancy.
A. General Provision. - Every person who shall conduct or hold any program or activity
involving the grouping of people within the jurisdiction of the city/municipality shall obtain
Mayor's Permit for every occasion and pay to the City/Municipal Treasurer the
corresponding fee imposed under an ordinance:
A. General Provision. - There shall be collected the fees fixed in an Ordinance from every
person requesting for copies of official records and documents from the offices of the
city/municipality.
B. Usual Coverage:
1) For every page or fraction thereof, typewritten (not including the certification and
notation):
a) Typewritten
b) Computerized print-out
2) For each certificate of correctness (with seal of office) written on the copy or attached
thereto:
1) For certifying the official act of the City/Municipal Judge or other judicial certificate
with seal.
290
2) For certified copies of any papers, records, decrees, judgment or entry of which any
person is entitled to demand and received a copy (in connection with judicial
proceeding) for each page.
C. Exemption. - The fees imposed shall not be collected for copies furnished to other offices
and branches of the government for official business, except for those copies required by the
court at the request of the litigant, in which case, charges shall be in accordance with the
prescribed rates under an ordinance.
A. General Provision. - There shall be collected for services rendered by the Local Civil
Registrar of the city/municipality the fees, fixed under an ordinance, on the following:
1) Marriage Fees:
a. Legitimation;
b. Adoption;
c. Annulment of Marriage;
d. Divorce/Legal Separation;
e. Naturalization;
f. Change of Name; and
g. Other legal documentation for record purposes.
3) For certified copies of any document in the register, for each page.
4) Burial Fees
B. Exemption. - The fee herein imposed shall not be collected in the following cases:
l) Issuance of certified copies of documents for official use at the request of a competent
court or other government agency, except those copies required by the courts at the
request of litigants, in which case the fee should be collected.
291
2) Issuance of Birth Certificates of children reaching school age when such certificates are
required for admission to the primary grades in a public school.
1) Purpose. - Fees shall be fixed by ordinance and paid for each Police Clearance Certificate
obtained from the Station Commander of the Philippine National Police (PNP) of the
city/municipality for the following purposes:
a) Change of name
b) Application for Filipino citizenship
c) Passport or visa application
d) Firearms permit application
e) PLEB clearance
f) Employment, scholarship, study grant and other purposes specified by ordinance
1) Provision. - There shall be collected an annual fee from each business establishment and
house for rent in the city/municipality, for the purpose of supervision and enforcement of
existing rules and regulations on sanitation and safety of the public:
a) The City/Municipal Health Officer or his duly authorized representative shall conduct an
annual inspection of all establishments and buildings, and accessories and houses for
rent, in order to determine their adequacy of ventilation, general sanitary conditions and
propriety for habitation.
b) The City/Municipal Health Officer shall require evidence of payment of the fee imposed
herein before he issues the sanitary inspection certificate.
A. Provisions. - There shall be collected a fee from any person who is given a physical
examination by the City/Municipal Health Officer or his duly authorized representative, as
required by existing ordinances.
292
B. Usual Coverage. - Individuals engaged in an occupation or working in the following
establishments, are hereby required to undergo physical and medical examination before they
can be employed and once every six (6) months thereafter.
3) Dance schools, dance halls and nightclubs - include dance instructors, hostess,
cooks, bartenders, waitresses, etc.
1) "Vaccination" means the inoculation of a dog with rabies vaccine licensed for the species
by the Bureau of Animal Industry (BAI), Department of Agriculture.
2) Such vaccination must be performed by trained individual from the BAI, the
City/Municipal Veterinarian Office, and the City/Municipal Agriculture Office.
3) The dog owners shall be provided with a copy of the vaccination certificate. The
veterinarian/vaccinator will retain one copy for the duration of the vaccination. A durable
metal or plastic tag, serially numbered issued by the veterinarian/vaccinator, shall be
securely attached to the collar of the dog.
293
The above provision may not apply in a mass vaccination program. During a free mass
vaccination, the cost shall be borne by the owner after the scheduled date.
C. Specific Provision on Dog Registration or Licensing. - Every dog shall be registered by its
owner upon reaching the age of three (3) months and every year thereafter. Unvaccinated
dogs registered after reaching the age of three (3) months and dogs three (3) months old and
above not previously registered shall be vaccinated upon registration. The dog owner shall
pay such registration fee as may be determined by the sanggunian. The registration officer
shall provide a Certificate of Registration of the dog and affix to a distinguished collar tag as
proof of registration.
E. Other Provisions:
1) Elimination of Unregistered Dog. - Unregistered dogs over the age of four (4) months
shall be seized and humanely exterminated under the supervision of a licensed
veterinarian or the City/Municipal Rabies Control Authority or vaccinated under the
above provision.
2) Reporting of Biting Incidents. - The owner of a dog which has bitten any person and
the person who has been bitten shall, within twenty-four (24) hours from the occurrence,
report the incident to the City/Municipal Rabies Control Authority, a health care worker
or a police officer. On receiving such information, the health care worker or police
officer shall immediately transmit it to the City/Municipal Rabies Control Authority for
investigation.
A. Purpose - The purpose of this ordinance is to enable the City/Municipality to exercise its
exclusive rights to grant certain fishery privileges within its municipal waters.
B. Definition of Terms:
294
a) Streams, lakes, and tidal waters within the municipality, not being the subject of
private ownership and not comprised within national parks, public forest, timber
lands, forest reserves, or fishery reserves;
b) Marine waters included between two (2) lines drawn perpendicularly to the general
coastline from points where the boundary lines of the municipality or city touch the
sea at low tide and a third line parallel with the general coastline and fifteen (15)
kilometers from it.
c) Where two (2) municipalities are so situated on the opposite shores that there is less
than fifteen (15) kilometers of marine waters between them, the third line shall be
equally distant from opposite shores of the respective municipalities. (Sec 131 (r),
LGC)
3) Vessel includes every type of boat, craft or other artificial contrivance used, or capable of
being used as a means of transportation on water. (Sec. 131 (x), LGC)
C. Coverage. - The municipality shall have the exclusive authority to grant the following
fishery privileges within its municipal waters and impose rentals, fees or charges therefor:
(Sec. 149, LGC)
1) To erect fish corals, oyster, mussel, or other aquatic beds or bangus fry areas.
2) To gather, take or catch bangus fry, prawn or kawag-kawag or fry of other species and
fish from municipal waters by nets, traps or other fishing gears. However, marginal
fishermen shall be exempt from any rentals, charge or any other imposition whatsoever.
3) Duly registered organizations and cooperatives of marginal fishermen shall have the
preferential right to such fishery privileges without being required to undergo public
bidding. In the absence of such organizations and cooperatives or upon failure to exercise
their preferential right, other parties may participate in the said public bidding.
D. Public Bidding Committee. - For this purpose, there is hereby created a committee to be
determined by the sanggunian to conduct the public auction.
1) Membership:
2) The Public Bidding Committee shall advertise the call for sealed bids for the leasing of a
zone or zones of municipal waters in public auction for two (2) consecutive weeks in the
bulletin board of the city/municipal hall. If no bids are received within two (2) weeks,
such notice shall be posted for another two (2) weeks. If after said two (2) notices for the
grant of exclusive fishery rights through public auction, there are no interested bidders,
295
the sanggunian shall grant the rights within the definite area or portion of the municipal
waters to any interested individual upon payment of a license fee fixed by an ordinance.
3) The notice advertising the call for bids shall indicate the date and time when such bids
shall be filed with the City/Municipal Treasurer.
5) At the time and place designated in the notice, the Committee sitting en bane shall open
all the bids and award the lease to the qualified bidder offering the highest bid. The lease
shall be executed within ten ( 10) days after the award is made by a committee and if the
successful bidder refuses to accept, or fails or neglects to execute the lease within such
time, his deposit shall be forfeited in favor of the city/municipal government in such a
case another bidding shall be held in the manner provided above.
6) The deposits of the unsuccessful bidders shall be returned upon the execution of the
Lease Contract by the successful bidder or before the calling of another bid.
E. Duration of Lease. - The grant of fishery rights through public auction shall be for a period
prescribed by an ordinance.
F. Zoning of Municipal Waters. - The municipal waters of the municipality are divided and
classified into zones for purposes of granting a lease or exclusive fishery rights through
public auction as prescribed in the ordinance.
G. Privilege of Residents to Take Fish in Municipal Waters. - Any person who is not a
grantee of license or privilege to engage in commercial fishing is hereby allowed to fish for
domestic use, in every municipal water, for as long as no commercial fishery therein is yet
established. Provided, That such fishing shall not take place within Two Hundred (200)
meters from a fish corral licensed by the city/municipality; and that such fish caught under
this privilege shall not be sold. Furthermore, no rental fee, charge, or any other imposition
whatsoever shall be collected from marginal fishermen (Sec. 149 (b) (2), LGC. 184
H. Applicability of Pertinent Provisions of Laws. - All existing Jaws, rules and regulations
governing municipal waters and municipal fisheries are hereby adopted.
Section 260. Service Charge for Garbage Collection. - There shall be collected from every
owner or operator of a business establishment an annual garbage fee fixed in an ordinance on the
following:
296
2) Hotels, Apartments, Motels and Lodging Houses.
3) Restaurants, Day and Night Clubs, Cafes' and Eateries.
4) Hospitals, Clinics, Laboratories and similar businesses.
5) Movie Houses and Retailers.
6) Other Businesses not mentioned above.
7) Residential. Establishments
A. Provision for Charges. - There shall be collected fees for the use of city/municipality
owned parking areas or designated streets for pay parking in accordance with the following:
a) Tricycles;
b) Private Cars and Service Vehicles;
c) Passenger Jeepneys;
d) Cargo Truck/Delivery Vans;
e) Passenger Buses; and
f) Other Vehicles
3) Towing fee and impounding fee fixed under an ordinance shall be collected from owners
of vehicles who shall violate the rules/regulations on parking.
B. Time and Manner of Payment. - The fees fixed by an ordinance shall be paid to the
City/Municipal Treasurer or his duly authorized representative upon parking thereat.
Section 262. Cemetery Charges. - There shall be collected rentals for the city/municipal
cemetery lots at the rates prescribed by an ordinance.
A. General Provision. - Before any animal is slaughtered for public consumption, a permit
therefor shall be secured from the Office of the City/Municipal Veterinarian/Health Officer
or his duly authorized representative who will determine whether the animal is fit for human
consumption, through the City/Municipal Treasurer upon payment of the corresponding fee,
prescribed by an ordinance on the following animals:
1) Large cattle
2) Hog Goats
3) Sheep
4) All Others
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B. Slaughter Fee. - The fee fixed by an ordinance shall be paid to cover the cost of service in
the slaughter of animals at the city/municipal slaughterhouse.
C. Corral Fee - The fee fixed by an ordinance, may be collected for the animals to be
slaughtered which are deposited and kept in a corral owned by the local government. (Sec.
31, P. D. No. 231/ 85
D. Condemned Animals. - No permit to slaughter shall be granted nor the corresponding fee
collected on any animals condemned by the City/Municipal Veterinarian.
A. Nature and Purpose of Tolls. - There shall be collected fees or charges for the use of
certain utilities owned and operated by the city/municipality as a means to recover parts of
the public investments to construct/acquire them, to cover maintenance or operating costs,
and for similar reasonable purposes. Piers, ferries, bridges and roads are only some examples
of utilities that may be subject to toll charges.
B. Exemptions - No such tolls or fees or charges shall be collected from officers and enlisted
men of the Armed Forces of the Philippines and members of the Philippine National Police
on mission, ambulances, post office personnel deliverin� mails, physically handicapped and
disabled citizens who are sixty five (65) years or older. 1 8
A. Powers and Relevant Provisions of Law. - The provisions of P. D. No. 449 187 , P. D. No.
1802 188 , and such other pertinent laws shall apply to all matters regarding the operation of
cockpits and the holding of cockfighting in the city/municipality.
The power to authorize the establishment, operation and maintenance of cockpits and to
regulate cockfighting has been lodged with the city/munic�al government even before R. A.
No. 7160 or the Local Government Code of 1991. (GAB 1 9-0pinion unnumbered, February
3, 1995). Considering that the functions of the Philippine Gamefowl Commission 190 have
been devolved to the cities and municipalities, there is no need to issue the rules governing
the Commission. The power to regulate the importation of gamefowls shall be left to the
local government units subject to quarantine laws and regulations (OC Resolution No. 95-05,
May 19, 1995). Although regulation of cockfighting has been devolved to local governments,
a municipal government cannot issue a permit to a promoter to hold cockfights in places
other than a licensed cockpit since this would violate said law (DILG Opinion Nos. 296-
1993, 31-1194 and PNP Opinion OLSILO No. 352-1994, March 22, 1994).
185
Enacting a Local Tax Code for Provinces, Cities, Municipalities and Barrios
186
See Sec. 232 (c), this Manual
187
Cockfighting Law of 1974
188
Law Creating the Philippine Game/owl Commission
189
Game and Amusement Board
190
PGC
298
B. Application, Payment and Issuance of Mayor's Permit.
a) The application/filing fee is payable to the City/Municipal Treasurer upon application for
a permit or license to operate and maintain cockpits.
b) The cockpit registration fee is also payable upon application for a permit before a cockpit
can operate and within the first twenty (20) days of January of each year in case of
renewal thereof.
c) The permit fees on cockpit personnel shall be paid before they participate in a cockfight
and shall be paid annually upon renewal of the permit on the birth month of the permitee.
d) Upon payment of the fees imposed, the corresponding Mayor's Permit shall be issued.
E. Cockpit Size and Construction. - Cockpits shall be constructed and operated within the
appropriate areas as prescribed in the zoning law or ordinance. In the absence of such law or
ordinance, the City/Municipal Mayor shall see to it that no cockpits are constructed within or
near existing residential or commercial areas, hospitals, school buildings, churches or other
public buildings. Owners, lessees, or operators of cockpits which are now in existence and do
not conform to this requirement are required to comply with these provisions within a period
to be specified by the City/Municipal Mayor. The City/Municipal Engineer shall approve and
issue building permits for the construction of cockpit in accordance with the existing
ordinance, laws and practices.
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Chapter 4. GOVERNMENT ENTERPRISE OPERATIONS
Section 266. Political and Corporate Nature of Local Government Units. - Every local
government unit created or recognized under R. A. No. 7160 or the Local Government Code of
1991, is a body politic and corporate endowed with powers to be exercised by it in conformity
with law. As such, it shall exercise powers as a political subdivision of the National Government
and as a corporate entity representing the inhabitants of its territory. (Sec. 15, LGC)
Local government units shall enjoy full autonomy in the exercise of their proprietary functions
and in the management of their economic enterprise, subject to the limitations provided in the
Local Government Code of 1991, and other applicable laws.
Section 268. Ordinance Establishing and Governing the Enterprise. - (a) An enterprise
may only be established and operated by virtue of an ordinance duly enacted by the sanggunian.
(b) In relation to the imposition and collection of fees and charges, the ordinance shall include
provisions on the following:
1) Public utility charges/rates for the operation of public utilities owned, operated and
maintained by the local government units within their jurisdiction. ( Sec. 154, LGC);
2) Toll fees or charges for the use of any public road, pier or wharf, waterway, bridge, ferry
or telecommunications systems, etc. (Sec. 155, LGC and Sec. 47, Vol. I, GAAM);
3) Officers and enlisted men of the Armed Forces of the Philippines and members of the
Philippine National Police on mission, post office personnel delivering mail, physically
handicapped, and disabled citizens who are 65 years or older shall not be collected the
toll fees or charges. (Sec. 155, LGC);
4) When public safety and welfare so requires, the sanggunian concerned may discontinue
the collection of the tolls, and thereafter the said facility shall be free and open for public
use. (Sec. 155, LGC)
Section 269. Basic Services and Facilities. - (a) Local government units shall endeavor to be
self-reliant and shall continue exercising the powers and discharging the duties and functions
currently vested upon them They shall also discharge the functions and responsibilities of
national agencies and offices devolved to them pursuant to R. A. No. 7160 or the Local
Government Code of 1991. Local government units shall likewise exercise such other powers
and discharge such other functions and responsibilities as are necessary, appropriate, or
incidental to efficient and effective provision of the basic services and facilities enumerated
herein. (Sec. 17 (a), LGC)
300
(b) Such basic services and facilities include, but are not limited to the following:
1) For a Barangay -
2) For a Municipality -
a) Extension and on-site research services and facilities related to agriculture and
fishery activities which include dispersal livestock and poultry, fingerlings, and
other seeding materials for aquaculture, palay, corn, and vegetable seed farms,
medicinal plant gardens, fruit trees, coconut, and other kinds of seedling
nurseries, demonstration farms; quality control of copra and improvement and
development of local distribution channels preferably through cooperatives; inter
barangay irrigation system, water and soil resources utilization and conservation
projects; and enforcement of fishery laws in municipal waters including the
conservation of mangroves;
b) Pursuant to national policies and subject to supervision, control and review of the
Department of Environment and Natural Resources (DENR), implementation of
community-based forestry projects which include integrated forestry programs
and similar projects, management and control of communal forests with an area
not exceeding fifty (50) square kilometers, establishment of tree parks, and
similar forest development projects;
301
c) Subject to the relevant provisions of Title 5, Book I of R. A. No. 7160 or the
Local Government Code of 1991, 184 health services which include the
implementation of programs and projects on primary health care, maternal and
child care, and communicable and non-communicable disease control services
access to secondary and tertiary health services; purchase of medicines, medical
supplies, and equipment needed to carry out the services herein enumerated;
d) Social welfare services which include programs and projects on child and youth
welfare, family and community welfare, women's welfare, welfare of the elderly
and disabled persons, community-based rehabilitation programs for vagrants,
beggars, street children, scavengers, juvenile delinquents, and victims of drug
abuse, livelihood and other pro-poor projects, nutrition services and family
planning services;
j) Public cemetery;
1) Sites for police and fire stations and sub-stations and the municipal jail
3) For a Province -
184
Local Health Boards
302
a) Agricultural extension and on-site research services and facilities which include
the prevention and control of plant and animal pests and diseases, dairy farms,
livestock markets, animal breeding stations, and artificial insemination centers,
and assistance in the organization of farmers' and fishermen's cooperatives and
other collective organizations, as well as the transfer of appropriate technology;
c) Pursuant to national policies and subject to supervision, control and review of the
DENR, enforcement of forestry laws limited to community-based forestry
projects, pollution control law, small-scale mining law, and other laws on the
protection of the environment, and mini-hydro-electric projects for local
purposes;
e) Social welfare services which include programs and projects on rebel returnees
and evacuees, relief operations and population development services;
f) Provincial buildings, provincial jails, freedom parks and other public assembly
areas, and other similar facilities;
h) Programs and projects for low-cost housing and other mass dwellings, except
those funded by the Social Security System (SSS), Government Service Insurance
System (GSIS), and the Home Development Mutual Fund (HDMF): Provided,
That national funds for these programs and projects shall be equitably allocated
among the regions in proportion to the ratio of the homeless to the population;
303
l) Tourism development and promotion programs.
4) For a City. - All the services and facilities of the municipality and province, and in
addition thereto are the following:
b) Support for education, police and fire services and facilities; Sec. 17 (b), LGC)
(c) Notwithstanding the provisions of sub-section (b) hereof, public works and infrastructure
projects and other facilities, programs and services funded by the National Government
under the annual General Appropriations Act (GAA), other special laws, pertinent executive
orders, and those wholly or partially funded from foreign sources, are not covered under this
section, except in those cases where the local government unit concerned is duly designated
as the implementing agency for such projects, facilities, programs and services. Sec. 17 (c),
LGC)
(d) The designs, plans, specifications, testing of materials, and the procurement of equipment
and materials from both foreign and local sources necessary for the provision of the
foregoing services and facilities shall be undertaken by the local government unit concerned,
based on national policies, standards and guidelines. (Sec. 17, LGC)
a) Beach Houses
b) Coliseums
c) Cold Storage Plants
d) Communication and Transportation Facilities
e) Cultural Centers
f) Electric Power Plants
g) Ferries
h) Food Terminal Markets
i) Health Resorts
j) Hospitals
k) Irrigation Systems
1) Lease of Equipment and Machinery
m) Low-Cost Housing and Other Dwelling Projects
n) Markets
o) Multi-Purpose Hall, Multi-Purpose Pavements and Plazas
p) Public Cemeteries
q) Radio Stations
r) Sports Complexes and Sports Facilities '
s) Telephone Systems
t) Toll Roads & Bridges
u) Tourism Facilities and Other Tourist Attractions
304
v) Waterworks Systems
w) Wharves
x) Water Supply Systems
a) Advise the local chief executive, the sanggunian, and the management of the public
enterprise on its financing aspects.
c) Take charge of the collections and take custody of funds of all government enterprises.
d) Ensure that payments are made on duly certified and approved disbursement vouchers.
e) Advise the local chief executive of delinquencies of government enterprise clientele for
purposes of enforcing sanctions and taking the necessary remedial measures.
g) Maintain records of payments of market stall holders and of other government enterprise's
lessors.
h) Prepare periodic financial reports for each government enterprise as required by BLGF rules
and regulations.
Section 272. Private Sector Participation in the Operation and Management of Local
Government Unit Enterprises. - The participation of the private sector in local governance,
particularly in the delivery of basic services, shall be encouraged to ensure the viability of local
autonomy as an alternative strategy for sustainable development. (Sec. 3 (!), LGC)
To ensure the active participation of the private sector in local governance, local government
units may, by ordinance, sell, lease, encumber, or otherwise dispose of public economic
enterprises owned by them in their proprietary capacity. (Sec. 17 0), LGC)
Section 273. Common Modes of Contracting for Local Government Units. - (a) The local
chief executive may be authorized through a sanggunian resolution to enter into a contract with
the private sector for the management and operation of government enterprise.
(b) The Local Treasurer shall advise the local chief executive and sanggunian on the relative
advantages and propriety of the following, as well as other common modes of contracting by
which local government units might engage the private sector:
305
1) Service Contract. - This is appropriate when the LGU requires the assistance of a private
entity to perform specific tasks.
a) The contract is generally short-term (usually less than one year, and not more than
2 years);
b) The responsibility for fixed investment fund and working capital remains in the
LGU;
c) The contractor is assured of a fixed fee from the LGU budget or from the
revenues of the enterprise; and
d) This scheme provides an avenue for tapping private sector expertise for the
performance of specialized, particular tasks.
2) Management Contract. - In this type of contract, the LGU transfers the entire management,
including the operation and maintenance of the facility, to the private operator. The contract
may have a duration of three (3) to five (5) years, but the LGU should provide for earlier
termination, in case this is needed to protect its interests.
a) Fixed investments continue to be borne by the LGU, but the working capital is often but
not always provided by the private proponent; and
The success fee is based primarily on the performance of the enterprise in relation
to profit targets, although other factors may also be used as part of the criteria.
The fixed fee may come from the LGU budget or from the enterprise revenues.
The success fee, which is contingent in nature, invariably comes from enterprise
revenues.
3) Lease Contract. - Under this type of arrangement, the private firm leases an asset of an
LGU for a fixed lease payment, and assumes the responsibility for operating,
maintaining, and managing the asset, aside from the commercial risks of the operations.
It effectively buys the rights to the income stream of the leased asset.
a) Lease contracts are generally long-term, usually eight (8) to fifteen (15) years;
306
c) The ownership of the asset and the improvements made generally revert to the
LGU at the end of the lease.
c) Since the responsibility for putting new investments in concessions is with the
private operator, the government does not need to raise financing;
d) The government can generally expect greater efficiency and improved service
since the commercial risks are borne by the concessionaire; and
Concessions involve large enterprises and long-term contract that often are related to the
delivery of important services to the public. They generally confer monopolistic powers
on concessionaire. For these reasons, it is essential for responsibilities and
accountabilities to be carefully defined, and for the LGU to set into place, as an integral
feature of the arrangements, a well-designed, effective regulatory framework that will
protect the public from possible predatory practices and poor services.
iRs
BMBE
186
Providing/or Guidelines in the Registration of BMBEs and the Availment of Tax Incentives under the BMBE Act
o/2002.
307
a) Those engaged in the production, processing or manufacturing of products or commodities,
including agro-processing, trading and services, and which activities are barangay-based and
micro-business in nature and scope: Provided, That, "services" shall exclude those rendered
by the following:
1) Natural persons who are duly licensed by the government after having passed a
government licensure examination in connection with the exercise of one's
profession; and
b) Those whose total assets, real or personal, inclusive of those ansmg from loans, but
exclusive of the land on which the particular business entity's office, plant and equipment are
situated, shall not be more than Three Million Pesos (F 3,000,000.00) or as may be adjusted
by the Small and Medium Enterprises Development 187 Council as mandated under R. A. No.
697? 188, as amended by R. A. No. 8289 189: Provided, that for the purpose of registering as a
Barangay Micro-Business Enterprise, the assets must be owned and used for the conduct of
its business as such enterprise.
a) The majority of its employees are residents of the municipality where its principal place of
business is located; or
b) Its principal activity consists in the application/use of a particular skill peculiar to the locality
or of raw materials predominantly sourced from the area; or
c) Its business operations are confined within the territorial jurisdiction of the municipality or
local government unit in which its principal place of business is located: Provided, however,
that the enterprise may establish warehouses, buying stations, sales outlets, and booking or
administrative offices anywhere in the Philippines, subject to pertinent rules and registration
requirements of the concerned local government units and other government agencies where
such warehouses, outlets, stations or offices are established.
187
SMED
188
An Act to Promote, Develop and Assist SMED Council, and the Rationalization of Government Assistance
Program and Agencies Concerned with the Development of Small and Medium Enterprises and for Other
Purposes, or the Magna Carta for Small Enterprises.
189
An Act to Strengthen the Promotion and Development of, and Assistance to Small and Medium Scale Enterprises,
Amending for that Purpose R. A. No. 6977, and for Other Purposes.
308
a) Its principal activity is primarily for livelihood or determined by the Small and Medium
Enterprises Development Council or the Department of Trade and Industry as a priority area
for development or government assistance;
b) The enterprise is not a branch, subsidiary, division or office of a large enterprise; and
c) Its policies and business modus operandi are not determined by a large scale enterprise or by
persons who are not owners or employees of the enterprise.
Section 279. Exemption of Barangay Micro-Business Enterprises from Taxes and Fees. -
All Barangay Micro-Business Enterprises shall be exempt from income tax for income arising
from the operation of the enterprise.
Interests, commissions, and discounts derived from loans by the Land Bank of the Philippines,
Development Bank of the Philippines, People's Credit and Finance Corporation and Small
Business Guarantee and Finance Corporation granted to Barangay Micro-Business Enterprises,
as well as loans extended by the GSIS and SSS to their respective member-employees under the
Barangay Micro-Business Enterprise Act of 2002 shall be exempt from gross receipts tax. 190
(Sec. 9, IRR, R. A. No. 9178)
190
GRT
191
BMBE Form OJ
309
c) Department of Trade and Industry, in the case of sole proprietorship;
4) Sworn Affidavit executed by the sole proprietor or the president of the enterprise, as the
case may be, that the enterprise is barangay-based and micro-business in nature and
scope;
5) Sworn Statement of Assets and Liabilities, showing the value of the assets owned and to
be used in the conduct of business which shall be supported by pertinent information
such as the date of acquisition, acquisition cost and depreciated value. In the case of
assets acquired in the year of registration, it shall be supported by either the invoice or
official receipt or the contract document or deed;
6) Pictures of the place of business and its assets, other than cash, receivables and
intangibles;
8) Income Tax Return 193 with proof that it has been filed with the Bureau of Internal
Revenue, '-including attachments, if any (for existing business only).
2) Annual Information Return (for the year immediately preceding the renewal of
registration) duly filed with the Bureau oflnternal Revenue, together with attachments.
Section 281. Verification of Qualifications. - The City or Municipal Treasurer must conduct
a verification of the physical existence of the business and the true amount of its assets. A sworn
certification shall be executed by the Local Treasurer that such verification has been conducted,
and which shall form part of the records of the application for registration.
Section 282. Issuance of the Certificate of Authority. - After determining the eligibility of
the business enterprise, the Office of the City or Municipal Treasurer shall register the business
entity as a Barangay Micro-Business Enterprise and issue a Certificate of Authority. 194 The
192 TIN
193 ITR
194
BMBE Form 02
310
Certificate of Authority shall be effective for a period of two (2) years and renewable for a
period of two (2) years for every renewal. The Local Treasurer shall indicate in the Certificate of
Authority the date when the registration of the Barangay Micro-Business Enterprise commences.
Section 283. Registration Fee. - The Office of the Local Treasurer shall issue the Certificate
of Authority promptly and free of charge, unless a fee therefor, not exceeding One Thousand
Pesos (P 1,000) is imposed by the local government unit through a properly enacted ordinance.
Section 285. Periodic Evaluation by the Local Treasurer. - The Office of the
City/Municipal Treasurer shall conduct an evaluation and verification of the Barangay Micro
Business Enterprise's financial status, including the amount and condition of its assets within
thirty (30) days from the close of the year after a Barangay Micro-Business Enterprise's initial
registration, and within thirty (30) days from the close of each year thereafter. The Local
Treasury official(s) conducting the verification must be authorized in writing by the
City/Municipal Treasurer. The written authority should include the name of the official(s) who
will conduct the verification, the address of the place of business to be verified, and the duration
of the written authority which should not exceed a period of one (1) week from its issuance.
Section 286. Cancellation of Registration. - The Office of the City/Municipal Treasurer shall
cancel the registration of a Barangay Micro-Business Enterprise under the following
circumstances:
a) When the Barangay Micro-Business Enterprise transfers its place of business to another
locality;
b) When the value of its total assets as determined exceeds Three Million Pesos
(P 3,000,000.00);
e) In case of violation or non-compliance with the provisions of R. A. No. 9178 and its
Implementing Rules and Regulations, as well as DOF Order No. 17-04;
311
g) In case of sale or transfer of the Barangay Micro-Business Enterprise, if it is a sole
proprietorship, without prejudice to the transferee applying for registration should it be
qualified under the provisions hereof;
i) In case of retirement from business or cessation/suspension of operations for one (1) year;
and
In circumstances (e), (h) and (j) above, the City/Municipal Treasurer should initiate the filing of
appropriate criminal complaints before the Office of the Public Prosecutor.
In the cancellation of registration, the Barangay Micro-Business Enterprise shall surrender its
Certificate of Authority to the Local Treasurer. The Local Treasurer shall immediately notify the
Bureau of Internal Revenue of any cancellation of registration of a Barangay Micro-Business
Enterprise.
Section 287. Exemption of Barangay Micro-Business Enterprises from Income Tax. - All
duly registered Barangay Micro-Business Enterprises shall be exempt from income tax arising
purely from their operations as such enterprise: Provided, That such exemption shall not apply to
the following:
a) Interest, including those from any currency bank deposit and yield or any other monetary
benefit from deposit substitutes and from trust funds and similar arrangements;
b) Royalties;
e) Capital gains from the sale of shares of stock not traded through the stock exchange;
g) The share of an individual in the net income after tax of an association, a joint account, or a
joint venture or consortium;
h) The share of an individual in the distributable net income after tax of a taxable partnership of
which he is a partner;
i) Income from the practice of profession received directly from the clients or from the
professional partnership of which the individual is a partner;
312
j) Compensation; and
k) All other forms of passive income and income from revenues not effectively connected with
or arising from operations of the Barangay Micro-Business Enterprises as such.
a) The total assets of the Barangay Micro-Business Enterprise, which shall not exceed Three
Million Pesos (P 3,000,000.00), shall include all kinds of properties, both personal properties
and real properties (but excluding land on which the particular business entity's office, plant
and equipment are situated) that are owned and used/to be used, or even if not owned but
used/to be used, by the Barangay Micro-Business Enterprise and/or its affiliates for the
conduct of its/their business/es.
b) Provided, That the term, "affiliate" shall refer to any person or business enterprise/entity that,
directly or indirectly through one (l ) or more intermediaries, controls or is controlled by, or
is under common control with, the Barangay Micro-Business Enterprise concerned.
Section 289. Procedures in Availing Tax Incentives. - For purposes of availing the tax
incentives, the Barangay Micro-Business Enterprise shall register as such Barangay Micro
Business Enterprise with the Revenue District Office of the Bureau of Internal Revenue where
the principal office or place of business of the Barangay Micro-Business Enterprise is located.
b) Sworn Statement of the Values of the Assets owned and/or used/to be used by the Barangay
Micro-Business Enterprise and/or its affiliates reflecting the current values thereof. The
sworn statement shall be supported by the following:
1) Acquisition cost, date of acquisition and depreciated value for existing assets;
2) Invoices and/or official receipts for newly-acquired assets not yet depreciated;
3) Duly-notarized copy of the Contract of Lease for assets used in the conduct of
business covered by lease agreement; and
313
c) Certified list of branches, sales outlets, places of production, warehouse and storage places,
or such other facility owned and/or operated by the Barangay Micro-Business Enterprise,
indicating their respective addresses, whether located in the same municipality or city where
the principal place of business is located, or elsewhere;
d) Certified list of affiliates, indicating addresses, line of business and responsible officers
thereof; and
Section 291. Where and When to File the Annual Information Return. - Except in cases
where the Bureau of Internal Revenue Commissioner otherwise permits, the Annual Information
Return shall be filed with the Revenue District Officer or the Revenue Collection Officer or the
duly authorized Treasurer of the city or municipality in which the Barangay Micro-Business
Enterprise has its princifal place of business. The Annual Information Return shall be filed on or
before the fifteenth (15t ) day of the fourth (4th) month following the close of the taxable year.
Section 292. Revocation of Income Tax Exemption Privilege. - (a) The Bureau of Internal
Revenue shall revoke the income tax exemption privilege of a Barangay Micro-Business
Enterprise for any of the causes set forth in Section 286 of this Manual on the cancellation of
registration of a Barangay Micro-Business Enterprise.
(b) The Bureau of Internal Revenue shall notify the Barangay Micro-Business Enterprise in
writing of its findings and require the Barangay Micro-Business Enterprise to pay the
corresponding income tax, without prejudice to the filing of administrative or criminal
complaints, if warranted.
(c) The Bureau of Internal Revenue shall also notify the Office of the City/Municipal Treasurer
concerned of its action, whereupon the City/Municipal Treasurer shall make a determination
within fifteen (15) days from receipt of the Bureau of Internal Revenue's notice, whether or not
the Barangay Micro-Business Enterprise's Certificate of Registration issued by the Local
Treasurer must likewise be cancelled.
Section 293-. General Policy. - (a) It shall be the basic policy that any local government unit
may create indebtedness, and avail of credit facilities to finance local infrastructure and other
socio-economic development projects in accordance with the approved local development plan
and public investment program.
314
(b) A local government unit may also avail of credit lines from government or private banks and
lending institutions for the purpose of stabilizing local finances. (Sec. 296, LGC)
Section 294. Credit and Other Sources of Funds Available to Local Government Units. -
Local government units may avail of the following credit financing, indebtedness and other
financing mechanisms for the purposes under, and in accordance with, the provisions of R. A.
No. 71 60 or the Local Government Code of 1991, as well as other relevant laws:
1) Assignment - a transfer or making over to another of the whole of any property, real or
personal, in possession or in action, of any estate or right therein. It includes transfers of all
kinds of property (Higgins V. Morckton, 28 Cal. AfP· 2d 723, 83 P. 2d 516, 519), including
negotiable instruments (Black's Law Dictionary, 51 ei., (1979).
Under the Build-Operate-Transfer, in its original sense, ownership of the facility is vested in
the project sponsor, but the project proponent operates the facility for a contractually set
fixed term during which it is allowed to charge facility users tolls, fees, rentals, or other
appropriate charges based on the approved contract. These charges are the means by which
the project proponent recovers its investments, covers the costs of maintenance and operation
of the project, and realizes a reasonable return. At the end of the contracted period, which by
i9s
BOT
315
law should not exceed fifty (50) years, the project proponent transfers the facility to the
sponsor agency or local government unit.
a) Build-and-Transfer: 196
11. The local government unit shall pay the proponent on an agreed
schedule its total investment plus a reasonable rate of return.
11. The terms and fixed period of the lease enable the proponent to
recover its investments and make a reasonable profit.
iii. The title of the facility is transferred to the sponsor agency or local
government unit at the end of the contracted lease period.
c) Build-Own-and-Operate: 198
196
BT
197 BLT
i9s
BOO
316
1. A contractual arrangement under which a project proponent is
authorized to finance, construct, own, operate and maintain an
infrastructure or development facility.
11. The proponent, which in this case owns the assets, is allowed to
recover its total investment, the costs of maintaining and operating the
facility and a reasonable return, by collecting tolls, fees, rentals or
other charges from facility users.
iii. Under this scheme, the proponent, as project owner, may assign its
operation and maintenance to a facility operator.
d) Build-Transfer-and-Operate: 199
iii. The title is transferred to the project sponsor as soon as the facility is
commissioned satisfactorily, but the private entity operates the facility
on its behalf under an agreement.
e) Contract-Add-and-Operate: 200
199 BTO
200 C
AO
201 R
OT
202 R
OO
317
limitation imposed on ownership. As long as the operator is not in violation of its
franchise, it can continue to operate the facility in perpetuity.
5) Collateral - property pledged as security for a debt. It is additional security for performance
of principal obligations.
7) Credit Line - in banking and commerce, the amount of money or merchandise which a
banker or supplier agrees to supply to a person on credit, which is generally agreed to in
advance. Thus, it also refers to the agreed limit of the money which may be borrowed or of
the value of merchandise that may be purchased on credit. (Philippine Law Dictionary, 3rd
edition, Federico B. Moreno)
9) Development Programs - usually, the term refers to the plans and programs included in the
Medium-Term Philippine Development Plan, the Regional Development Plans and Local
Development Plans. It may, however, also refer to other plans and programs not included in
these.
10) Investment - the placing of capital or laying out of money in a w';(' intended to secure
income or profit from its employment. (Philippine Law Dictionary, 3,. edition, Federico B.
Moreno)
11) Loan - in reference to money, is a contract under which one of the parties delivers to another
a sum of money on the condition that the same amount shall be paid (Art. 1933, Civil Code of
the Philippines). It involves the delivery by one party and the receipt by the other party of a
given sum of money, upon an agreement, express or implied, that the recipient will repay the
same sum, with or without interest (People v. Concepcion, 44 Phil 129).
12) Mortgage - the conveyance of an estate or pledge of property as security for the payment of
money or the performance of some other act, and conditioned to become void upon such
payment or performance.
13) Regular Income - comprises all recurring income from local sources or revenues plus
regular share of local government units in the proceeds of national taxes.
318
14) Securities - evidences of debts or property, of obligations to pay money, or of rights to
participate in earnings and distribution ofcorporate, trust and other property.
15) Sinking Fund - assets and their earnings earmarked for the retirement of bonds or other
long-term obligations. Most commonly set aside from income ofrevenue-earning property.
Section 296. Duties and Responsibilities of Local Treasurers. - Local Treasurers have the
following duties and responsibilities that relate to the powers of LGUs to use credit financing,
indebtedness and alternative sources offunds:
1) Act as the custodian of all funds directly released to the LGU from the proceeds of grants
and from loans, credits and other forms of indebtedness, as well as income and express
profits derived from the operations ofthe projects financed from them. He shall deposit these
funds in a separate depository account in the name of the LGU with banks, preferably
government owned, located in or nearest to the area ofjurisdiction ofthe LGU;
2) Prepare the required reports ofchecks issued, disbursements and other accountabilities;
3) In coordination with other LGU official concerned, ensure that the debt servicing for the
LGU credit does not exceed twenty percent (20%) ofits annual regular income for each year
until the loan is fully paid. (Sec. 324 (b), LGC);
4) Pay or amortize loans, including all interests incurred, as appropriate from the income ofthe
projects or services and/or from the regular income ofthe LGUs until fully paid; and
a) Establish a Sinking Fund for the re-payment of bond issues or maintain Trust
Funds for the purpose;
b) Maintain special accounts in the General Fund for loans, interest, bond issues,
receipts arising from Build Operate Transfer transactions, such as toll fees,
charges, and other mandatory contributions for specific purposes. (Sec. 313,
LGC);
d) If required, provide financial data about the LGU that may be needed in relation
to its availment ofthe funding sources and mechanisms described in this Chapter.
Section 297. Provisions for the Servicing of Contractual Obligations of Local Government
Units:
319
a) Using Portion of IRA Shares as Payment to Contractual Obligations. - Any LGU,
through its Local Chief Executive and upon authorization by the sanggunian concerned, may
authorized the National Government to deduct or withhold a portion of its IRA share for the
payment of its contractual obligation, subject to the limitations defined in the succeeding
paragraph (c) hereof. (Article 401, IRR implementing Sec. 303, LGC)
d) Regular Income shall refer to revenues and receipts realized by provinces, cities and
municipalities from regular sources of the local General Fund including the Internal Revenue
Allotment and other shares provided for under R. A. No. 7160 or the Local Government
Code of 1991, but exclusive of non-recurring receipts such as other national aids, grants,
financial assistance, loan proceeds, sale of fixed assets and other similar receipts.
a) A local government unit may contract loans, credits, and other forms of indebtedness with
any government or domestic private bank and other lending institutions to finance the:
320
b) A local government unit may likewise secure from any government bank and lending
institution short, medium, and long term loans and advances against security of real estate or
other acceptable assets for the establishment, development, or expansion of agricultural,
industrial, commercial, house financing and livelihood projects, and other economic
enterprises. (Sec. 297 (b), LGC)
c) Government financial and other lending institutions are authorized to grant loans, credits, and
other forms of indebtedness out of their loanable funds to local government units for
purposes specified above. (Sec. 297, LGC)
Section 300. Tax Exemption Privileges of Local Government Units. - Local government
units shall be exempt from payment of duties and taxes for the importation of heavy equipment
or machinery which shall be used for the construction, improvement, repair and maintenance of
roads, bridges, and other infrastructure projects, as well as garbage trucks, fire trucks, and other
similar equipment: Provided, That such equipment or machinery shall not be disposed of, either
by public auction or negotiated sale, within five (5) years from their importation.
To avail of the incentives and for expeditious processing of request for duty and tax exemption,
the following specific requirements are prescribed:
a) A letter application signed by the Local Chief Executive (Governor, City Mayor or
Municipal Mayor) or his duly authorized representative, attaching therewith the pertinent
Board Resolution, authorizing the Local Chief Executive to import/accept donation;
1) Bill of Lading, Airway Bill, Parcel Post Notice or other shipping documents;
2) Commercial Invoice and Packing List; and
3) Other relevant documents covering the shipment.
c) Sworn Statement that the imported articles are not for sale, hire or barter; and
d) An undertaking from the local government unit that, upon release and physical possession of
the machinery and equipment, the notice, "ENTERED DUTY/TAX-FREE UNDER THE
NEW LOCAL GOVERNMENT CODE" shall be printed in a conspicuous space on the
machinery and equipment which was accorded duty-and-tax-free release. (Sec. 5,
Department Order No. 21.92, Department ofFinance)
Section 301. Limitations on the Use of Credit Lines to Stabilize Local Finance. - In the use
of credit lines for the purpose of stabilizing local finances as provided in Section 296 of R. A.
No. 7160 or the Local Government Code of 1991203 , local government units shall observe the
following guidelines:
321
b) Funds availed through credit for this purpose shall be spent and disbursed solely to finance
expenditures covered by appropriations authorized in the duly approved local government
budget for the current year.
Section 302. Common Requirements for Credit Financing of Local Development Projects.
- Local government units shall observe the following common requirements in the use of credit
financing for their development projects:
a) Inclusion of the proposed project in the approved local development plan and public
investment program. (Sec. 296 (a), LGC)
b) Sanggunian resolution authorizing the Local Chief Executive to secure/negotiate and/or enter
into an agreement, which may include the following:
c) Sworn statement of the Local Treasurer and Accountant on the following outstanding debts
and obligations of the local government unit, if any:
1) kinds of loans.
2) purpose of loans and other obligations.
3) lending agencies/institutions.
4) dates approved/granted and maturities.
5) terms and conditions.
6) annual amortizations (segregate/specify principal and interest);
7) remaining balances (principal and interest):
• current
• arrears
8) assignments/collaterals.
d) Current year budget together with the twenty percent (20%) development fund program.
e) Financial data on the financial and other operations of the local government unit, as well as
the socio-economic climate within its territory. The more common financial data are shown
in the following table.204
204
Other.financial data are also contained in the Statement ofReceipts and Expenditures (SRE) shown in LTO
Form 14 ofthis Manual.
322
TABLE ON LGU FINANCIAL DATA COMMONLY REQUIRED WHEN AVAILING
OF INDEBTEDNESS AND OTHER FINANCING MECHANISMS205
205
Other credit worthiness documentary requirements and farther credit analysis to be done by the Bureau ofLocal
Government Finance are discussed in a separate manual entitled, "Creditworthiness Rating Manual".
323
6.1 Service/Commodity
6.2 Capacity
6.3 Summary of Operations
324
Section 303. Acceptable Collateral. - The most common securities or collaterals which local
government units may offer for loans to satisfy the requirements of lending institutions are any
one or a combination of the following:
a) Assignment of a portion of the share from the Internal Revenue Allotment of the local
government unit concerned. Any local government unit through its local chief executive and
upon authorization by way of a resolution of the sanggunian concerned, may authorize the
National Government to deduct or withhold a portion of its Internal Revenue Allotment share
for the payment of its contractual obligations, subject to the limitations under Sec, 324 (b) of
R. A. No. 7160 or the Local Government Code of 1991. 184
The resolution of the sanggunian shall clearly state the name of the creditor, the nature of
indebtedness, the amount to be withheld, and the period and term that such withholding of
the Internal Revenue Allotment shares shall be made;
c) Real Estate Mortgage of the patrimonial property of the local government unit; and
Section 304. Special Account for Loans, Interests, Bonds, and Contributions for Specific
Purposes. - Local government units shall maintain Special Accounts in their General Fund for
the following:
Section 305. Other Requirement for Loans, Deferred Payments and Other Financial
Schemes. - The officials of local government units contracting loans and other forms of
indebtedness under the provisions of this Chapter shall also comply with the following:
a) Any other provisions of R. A. No. 7160 or the Local Government Code of 1991, or other
laws that may be relevant to a particular project or the transactions necessary to realized it;
b) The rules and regulations on property and supply management, which shall be applied in the
acquisition of equipment or machinery under the loans, deferred payment and other financial
schemes; and
Section 306. Inter-Local Government Units Loans, Grants and Subsidies. - Provinces,
cities and municipalities may, upon approval of the majority of all members of the sanggunian
184
See Sec. 297 (c), this Manual
325
concerned and in amounts not exceeding their surplus funds, extend loans, grants, or subsidies to
other local government units under such terms and conditions as may be agreed upon by the
contracting parties. (Sec. 300 1s1 par., LGC)
There are no standard terms and conditions for loans under this scheme. However, the creditor
LGU and the borrower LGU have to negotiate, come to an agreement, and observe the following
processes:
a) Enactment by the lending and the borrowing LGUs of the required resolutions and/or
ordinances duly signed/approved by the majority of all the members of their respective
sanggunian, stipulating the terms and conditions that shall include the following:
b) Ratification of the loan contract by the sanggunian of both contracting LGUs/parties, which
is needed for the loan agreement to- become valid and enforceable.
c) Certification by the Local Treasurer of the lending LGU, attested to by its Auditor, of the
accumulated surpluses eligible for lending, grants or subsidies.
Section 307. Joint and Several Local Government Unit Loan Arrangements. - Local
government units may, upon approval of their respective sanggunian, jointly and severally
contract loans, credits, and other forms of indebtedness for purposes mutually beneficial to them.
(Sec. 300 211d par., LGC)
Section 308. Loans from Funds Secured by the National Government from Foreign
Sources. - The President or his duly authorized representative may, through any government
financial or other lending institution, re-lend to any province, city, municipality, or barangay, the
proceeds of loans contracted with foreign financial institutions or other international funding
agencies.
A. Guidelines:
326
2) Such loans shall be subject to the terms and conditions agreed upon by the President and
the local government unit. The proceeds from such loans shall accrue directly to the local
government unit. (Sec. 301 (a), LGC)
3) The President may likewise authorize the re-lending to local government units the
proceeds of grants secured from foreign sources, subject to the provisions of existing
laws and the applicable grant agreements. (Sec. 301 (b), LGC)
B. The Municipal Development Fund as Conduit. - The Municipal Development Fund, 185
created under P. D. No. No. 1914, operates for the above purposes with the Department of
Finance as administrator. Provinces, cities and municipalities may tap the Municipal
Development Fund for loans throufh agreements with the Department of Finance, setting the
terms and conditions of the loan. 18 (Sec. 1, P. D. 1914)
Section 309. Deferred Payments and Other Financial Schemes. - Provincial, city and
municipal governments may acquire property, plant, machinery, equipment, and such necessary
accessories under a supplier's credit, deferred payments plan, or other financial schemes (Sec.
298, LGC) under the following conditions:
a) That the acquisition of such equipment, machinery, and their accessories shall be governed
by the pertinent provisions of the Implementing Rules and Regulations of R. A. No. 7160 or
the Local Government Code of 1991, on "Local Government Supply and Property
Management", whether such items are to be supplied or purchased from a local or foreign
supplier; and
b) That the Local Chief Executive, through a sanggunian resolution, is authorized to negotiate
the contract executed under the deferred payment scheme. (Art. 396, IRR implementing Sec.
298, LGC)
Section 310. Bonds and Other Long Term Securities. - Subject to the rules and regulations
of the Bangko Sentral ng Pilipinas and the Securities and Exchange Commission, provinces,
cities and municipalities are authorized to issue bonds, debentures, securities, collaterals, notes
and other obligations to finance self-liquidating, income-producing development or livelihood
projects pursuant to the priorities established in the approved local development plan or the
public investment program. (Sec. 299, LGC)
iss MDF
186
The different Municipal Development Fund Office's new loan !grant financing packages that may be availed of
by LGUs are discussed in a separate manual on the "Proposed New MDFO Lending Programs and Products".
327
A. Debt Service Requirement and Limitations. - As debt instruments, bonds are subject to
the mandatory appropriations in the respective annual budgets of local government units as
provided under Section 303 ofR. A. No. 7160 or the Local Government Code of 1 991. 187)
Likewise, bonds are subject to the debt service limitations rirovided for under Section 324 (b)
ofR. A. No. 7160 or the Local Government Code of 1991. 88
The BLGF certification on the maximum borrowing or debt service capacity of a local
government unit is part of the documentation required for the issuance of local government
bonds. 189
C. National Government Guarantee. - In cases where the bond issue shall bear the guarantee
of the National Government, the approval of the Secretary of Finance shall be required. (Art.
397 (b), IRR implementing Sec. 299, LGC)
D. Local Government Bond Issuances are Subject to Rules and Regulations of the Bangko
Sentral ng Pilipinas. - Whenever local government units contemplate to borrow within the
Philippines, the prior opinion of the Monetary Board shall be requested in order that it may
render an opinion on the probable effects of the proposed operation on monetary aggregates,
the price level and the balance of payments. (Sec. 123, Art 111, R. A. No. 7653 or the Bangko
Sentral ng Pilipinas Charter/ 90
E. Local Government Bonds are Exempt from Registration Requirements of the Securities
and Exchange Commission. - Local government bonds are exempt from the registration
requirements of the Securities and Exchange Commission. However, in order to maintain
standards in the securities market, the Securities and Exchange Commission maintains
authority and control over the underwriters and brokers of all types of securities including
local government bonds.
1) BLGF Certification as to the Debt Service Capacity of the LGU concerned (ESP
Letter, Nov 27, 2000);
187
See Sec. 297 (b). this Manual
188
See Sec. 297 (c) and (d), this Manual
189
See Sec. 302 (e), this Manual
190
Relative to Sec. 299, LGC, the Bangko Sentral ng Pilipinas has issued rules and regulations under BSP Circular
No. 41, dated August 29, 1994,for bond issuances which do not require National Government guarantee; and
BSP Circular No. 44,for bond issuances which require full National Government guarantee.
328
1) DOF Certification as to the national government guarantee in case the floatation
requires National Government guarantee (ESP Circular No. 44);
2) Monetary Board opinion on the probable effects of the proposed issuance of the LGU
Bonds on the monetary aggregates, price levels and balance of payments (ESP
Circular No. 41);
b) Authorizing the Local Chief Executive to enter into and agreement with the
Financial Advisor/Trustee; and
c) Certifying that the LGU will or will not seek any National Government
guarantee for the bond.
A. General Provisions:
1) Authorization. - Local government units may enter into contracts with duly pre
qualified individual contractor, for the financing, construction, operation, and
maintenance of any financially viable infrastructure facilities, under the build-operate
and-transfer agreement, subject to the applicable provisions of R. A. No. 6957,
authorizing the financing, construction, operation and maintenance of infrastructure
projects by the private sector and the rules and regulations issued thereunder and as such
terms and conditions provided for in this section. (Sec. 302 (a), LGC)
3) Disclosure and Public Endorsement. - It shall be the duty of the local government unit
concerned to disclose to the public all projects eligible for financing under this section,
including official notification of duly registered contractors and publication in newspaper
of general or local circulation and in conspicuous and accessible public places. Local
329
projects under the build-operate-and-transfer agreement shall be confirmed by the local
development councils. (Sec. 302 (b), LGC)
4) Terms and Conditions. - Projects implemented under the provisions of this section shall
be subject to the following terms and conditions:
a) The provincial, city or municipal engineer, as the case may be, upon formal
request in writing by the local chief executive, shall prepare the plans and
specifications for the proposed project, which shall be submitted to the
sanggunian for approval. (Sec. 302 (c) (I), LGC)
b) Upon approval by the sanggunian of the project plans and specifications, the
provincial, city or municipal engineer shall, as the case may be, cause to be
published once every week for two (2) consecutive weeks in at least one (1) local
newspaper which is circulated in the region, province, city or municipality in
which the project is to be implemented, a notice inviting all duly qualified
contractors to participate in public bidding for the projects so approved. The
conduct of public bidding and award of contracts for local government projects
under this section shall be in accordance with R. A. No. 7160 or the Local
Government Code of 1991, and other applicable laws, rules and regulations. (Sec.
302 (c) (2) F1 par., LGC)
e) Any contractor who shall undertake the prosecution of any project under this
section shall post the required bonds to protect the interest of the province, city, or
municipality, in such amounts as may fixed by the sanggunian concerned. (Sec.
302 (c) (3), LGC)
f) The provincial, city or municipal engineer shall, as the case may be, not allow any
projects under this section unless such contractor presents proof or evidence that
he has posted the required bond. (Sec. 302 (c) (3), LGC)
330
g) The contractor shall be entitled to a reasonable return of its investment in
accordance with its bid proposal as accepted by the local government unit
concerned
iii. Provided, finally, That during the lifetime of the contract, the
contractor shall undertake the necessary maintenance and
repair of the facility in accordance with standards prescribed in
the bidding documents in the contract. (Sec. 302 (c) (4) ; st and
2 pars., LGC)
nd
5) Review of Contracts. - The provincial, city or municipal legal officer shall, as the case
may be, review the contracts executed pursuant to this section to determine their legality,
validity, enforceability and correctness of form. (Sec. 302 (d), LGC)
331
two (2) modes for identifying projects and selecting proponents, which affect the
processes involved in the early phases of the Build-Operate-Tansfer project. These modes
are as follows:
a) Solicited Proposals. - These are the priority projects identified by the sponsor
agency or local government unit. The sponsor formulates the project based on its
objectives and studies, and then invites ("solicits") the private sector to participate
in its realization.
Section 312. Authority to Negotiate and Secure Grants. - Local chief executives may, upon
authority of the sanggunian, negotiate and secure financial grants or donations in kind, in
support of the basic services or facilities enumerated under Section 17 of R. A. No. 7160 or the
Local Government Code of 1991, 192 from local and foreign assistance agencies, without
necessity of securing clearance or approval therefore from any department, agency, or office of
the National Government or from any higher local government unit.
A. Projects with National Security Implications. - Provided, That projects financed by such
grants or assistance with national security implications shall be approved by the national
agency concerned: Provided, further, That when such national agency fails to act on the
request for approval within thirty (30) days from receipt thereof, the request shall be deemed
r
approved. (Sec. 23 1 par., LGC)
B. Required Report to Congress and the President. - The local chief executive shall, within
thirty (30) days upon signing of such grant agreement or deed of donation, report the nature,
amount, and terms of such assistance to both Houses of Congress and the President. (Sec. 23
2 par., LGC)
nd
1) The LGU prepares the project proposal using the required NEDA forms in
consultation with the DILG and NEDA and with other National Government
Agencies (NGAs), as appropriate;
192
See Sec. 269, this Manual
332
2) The Local Development Council (LDC) evaluates the project proposal for
consistency with its Local Development Plan and the Annual Investment Program;
3) Upon satisfactory evaluation of the proposal, the sanggunian authorizes the LCE to
negotiate the grant;
4) NEDA checks the proposal for possible duplication with other proposed/on-going
projects, and upon clearance endorses it to the ODA institution. If duplications or
conflicts are found, the proposal is referred back to the LGU for review and revision;
5) The LCE endorses the project, through NEDA, to the identified ODA-granting
institution;
6) The LGU submits the project proposals to the DILG which refers it to the concerned
NGAs for possible security implications;
7) The concerned NGAs review the project proposal and within thirty (30) days, inform
the DILG and the LGU concerned of the result of the review. As appropriate, the
proposal may be approved, objected to due to security implications, or referred back
for revisions;
8) LGU coordinates directly with the ODA grant funding institutions in monitoring the
latter's processing of the proposal and regularly informs the DILG and the NEDA of
the status of the proposal;
9) NEDA coordinates regularly with the ODA grant funding institution in facilitating the
evaluation and approval of the local project proposal; and
10) An NGA or higher local or regional governmental body (i.e. PDC and RDC)
evaluates the project proposals only upon express request of the ODA grant donor
and the consent of the LGU(s) concerned.
Section 313. Prohibited Acts Related to the Awards of Contracts Under the Provisions on
Credit Financing. - It shall be unlawful for any public official or employee in the provincial,
city, or municipal government, or their relatives within the fourth civil degree of consanguinity
or affinity, to enter into or have any pecuniary interest in any contract for the construction,
acquisition, operation, or maintenance of any project awarded pursuant to the provisions of Title
4, Book II of R. A. No. 7160 or the Local Government Code of 1991, 193 or for the procurement
of any supplies, materials, or equipment of any kind to be used in the said project.
Any person convicted for violation of the provisions of said Title shall be removed from office
and shall be punished by imprisonment of not less than one (1) month but not more than two (2)
years, at the discretion of the court, without prejudice to prosecution under other laws. (Sec. 520,
LGC)
193
Chapter 5, Book V, this Manual
333
FISCAL ORGANIZATION OF LOCAL GOVERNMENT
AND THE LOCAL TREASURER
BOOK SIX
334
LTO Annex 1
335
public view except those displayed at
R.A. 2370 - "Barrio Charter" (cont.) the place or places where profession
or business advertised thereby is in
whole or in part conducted
• A tax on gamecocks owned by
residents of the barrio and on the
cockfights conducted therein.
Provided, that nothing herein shall
authorize the barrio council to permit
cockfights
• Monies, materials and voluntary labor
for specific public works and
cooperative enterprises of the barrio
raised from residents landholders,
produces and merchants of the barrio
• Monies from grants-in-aids, subsidies,
contributions and revenues made
available to barrios from municipal,
provincial or national funds
• Monies from private agencies and
individuals
• An additional percentage, not
exceeding one fourth of one percent
of the assessed valuation of the
property within the barrio, collected
by the municipal treasurer along with
the tax on real property levied for
municipal purposes by the
municipality and deposited m the
name of the barrio with the municipal
treasurer. Provided, that no tax or
license fee imposed by a barrio
council shall exceed fifty per Centrum
of a similar tax or fee levied, assessed
or imposed by the municipal council.
(Sec. 14, RA 2370
3. The Barrio treasurer collects all taxes
existing (except real property taxes), fees
and contributions due the barrio treasury for
which he shall issue official receipts. Xxx
(2"d par. Sec. 16, RA 2370)
336
3. The allotment share of provinces and cities
is increased from ten to thirteen per centum
and the allotment share of municipalities is
increased from two to four per centum. The
basis of the allotment shall be the
collections during the preceding fiscal year,
to be distributed among the provinces,
cities, municipalities as follows: a) seventy
per centum on the basis of population as
shown by the latest official census, and b)
thirty per centum in proportion to the land
area. (Sec. 13, RA 5185)
337
4. Imposes annual tax of one percent on real
Cont May 20, 1974 property that accrues to the Special
P.D. 464 - "Real Property Tax Code" Education fund created under R.A. No.
5447, and is in addition to the basic real
property tax which local governments are
authorized to levy, assess and to collect
under this Code xxx (Sec. 41, PD 464)
5. Imposes an additional real property tax on
idle lands at the rate of five percent per
annum based on the assessed value of the
property as determined by the Provincial or
City Assessor of the Province or City where
the property is located, or by the Municipal
Assessor in the case of idle lands situated in
the municipalities of Metropolitan Manila.
(Sec. 42 (a), PD 464)
6. The provincial, city, municipal boards or
council may, by ordinance, provide for the
imposition and collection of a special levy
on the lands comprised within the province,
city or municipality xxx especially
benefited by the laying out, opening,
constructing, straightening, widening,
grading, paving, curbing, walling,
deepening, or otherwise establishing,
repairing, enlarging, or improving public
avenues, roads, streets, alleys, sidewalks,
parks, plazas, bridges, landing places,
wharves, piers, docks, levees, reservoirs,
waterworks, water courses, esteros, canals,
drains and sewers: xxx Within the meaning
of this Section, all lands comprised within
the district benefited, except lands exempt
from the real property tax under Section
forty hereof, shall be subject to the payment
of the special levy. (Sec. 47, PD 464)
7. The real property tax for any year shall
attach and become due and payable on the
first day of January and from the same date
said tax and all penalties subsequently
accruing thereto shall, constitute a lien upon
the property subject to such tax. Said lien
shall be superior to all other liens,
mortgages, or encumbrances of any kind
whatsoever, shall be enforceable against the
property whether in the possession of the
delinquent or any subsequent owner or
possessor, and shall be removable only by
the payment of the delinquent taxes and
penalties.
8. The real property tax on properties actually,
directly and exclusively used for education
purposes as provided under Presidential
338
Decree No. 261 shall begin to accrue on
Cont May 20, 1974 January 1, 1975. (Sec. 56, PD 464)
P.D. 464 - "Real Property Tax 9. The collection of the real property tax and
all penalties accruing thereto, and the
enforcement of the remedies provided for in
this Code or any applicable laws, shall be
the responsibility of the treasurer of the
province, city or municipality where the
property is situated. (Sec. 57, PD 464)
10. The provincial or city assessor shall prepare
and submit to the treasurer of the province,
city or municipality, on or before the thirty
first day of December of each year, an
assessment roll containing a list of all
persons to whom real properties have been
newly assessed or reassessed and the values
of such taxable properties. (Sec 58, PD 464)
11. The provincial or city treasurer shall, on or
before the thirty first of January each year,
cause notice of the periods during which
real property tax may be paid without
penalty.
12. The notices in their respective jurisdiction
shall be posted at the main entrance of the
provincial building or city hall and of all
municipal buildings and in a public
conspicuous place in each barrio, and
published in a newspaper and announced by
crier at least three times.
13. The form and detail shall be prescribed by
the Secretary of Finance: Provided,
however, that in lieu of or in addition to
such notice, the Secretary of Finance may
require notification in any province,
municipality, or city to be accomplished
through the mailing of individual tax bills
stating the amount of the annual tax due,
the quarterly installments, its due date, the
delinquency and the applicable penalty.
(Sec. 59, PD 464)
14. Real Property taxes may, in the discretion
of the taxpayer, be paid without penalty in
four installments, xxx except the special
levies authorized under Sections forty
seven and fifty-five of this Code which
shall be governed by the local ordinance or
Department Order issued by the Secretary
of Finance, as the case may be.
15. Beginning with calendar year 1978 and
thereafter, the President of the Philippines
may, at his discretion or upon
recommendation of the Secretary of
Finance, authorized the grant of discounts
339
on taxes due on real property at such rates
Cont May 20, 1974 and for such periods as he may fix, if he
P.D. 464- "Real Property Tax deems that the public interest so requires.
(Sec. 61, PD 464)
340
Governments the loans.
341
2, PD 921)
3. The power to appoint the Municipal
Treasurer, Assistant Municipal Treasurer of
the municipalities within the MMA shall be
vested upon the Commissioner for Finance
upon recommendation of the City
Treasurer. (Sec. 3, PD 921)
4. The City Treasurers of MMA shall be
appointed by the President of the
Philippines upon recommendation of the
Secretary of Finance. (Sec. 5, PD 921)
342
Governor. (Sec. 213, BP 337)
343
7. The power to appoint local treasurers 1s
retained by the Secretary of Finance.
344
LTO Annex 2
In case of Magtajas Cagayan De Oro vs. Pryce Properties Corp. & PAGCOR 234 SCRA
255, the Supreme Court ruled that an ordinance in order to be valid must conform to the following
substantive requirements.
LGUs not have the Inherent power to tax. The inherent power belongs to the State and is
merely a legislative. As such, tax ordinances must always yield to a legislative act which is
superior, having been enacted by the State (Bernas, The Revised Philippine Constitution,
Vol. 1 1983 ed. P. 445)
The sanggunian exercises only delegated legislative powers conferred on them by Congress
as the National lawmaking body. As mere agents, LGUs are vested with the power of
subordinate legislation. The delegate cannot be superior to not exercise powers higher than
those of the principal. Local government cannot undo acts of Congress from which they
derived their powers and negate by mere ordinance the mandate of the statute (Magtajas vs.
Pryce)
The constitution is a written instrument agreed upon by the people as the absolute rule of
action and decision for all departments and officers of the government and in the opposition
to which any act or rule of any department or officer of the government, or even of the
people themselves, will altogether be void (Cooley, Constitutional Limitation 3)
Underscoring supplied "It is, in other words the supreme written law of the land" (Bernas,
The 1987 Constitution of the Republic of the Philippines: A Commentary, 1996)
A tax ordinance is fair when it is equitable. It is equitable when it is just, reasonable, and
proportionate to one's ability to pay. The progressive system of taxation is one good
example of equitable taxation since it increases as the tax base increases. It is oppressive
when it is unreasonably burdensome, unjustly severe, or harsh.
What is being espoused is uniformity of tax application. A tax uniform when it operates
with the same force and effect in every place where the subject of it is sound. The
uniformity rule requires merely a geographical and not intrinsic uniformity. A tax is not
unconstitutional simply because it is not intrinsically equal and uniform in its operation
upon individuals. In other words, the uniformity rule does not prohibit classification for
purposes of taxation (Bernas, The Constitution of the Republic of the Philippines: A
Commentary, 1988). However, the classification must be based upon real and substantial
differences between the persons, property or privileges and those not taxed must bear some
reasonable relation to the object or purpose of legislation or to some governmental policy of
legitimate end of governmental action (See Tomas P. Matic, Taxation in the Philippines,
Vol. 1 pp. 79-80).
In Pepsi Cola vs. Butuan, the Supreme Court ruled that classification is permitted if ( 1) the
standards used are not arbitrary but reasonable and substantial (2) the classification is
345
germane to achieve the purpose of the legislation, (3) the classification present and future
conditions, other circumstances being equal, and (4) the classification applies equally to all
those belonging to one class;
A provision under Section 133 (e) of the LGC prohibits LGUs from imposing taxes on
goods carried in or out of the municipalities. The rationale is to allow the free flow of
commerce in the country and thus, avoid causing an increase in the prices of commodities to
the consuming public (DOF Provincial Circular, Unnumbered, dated 4-17-4 7 cited in Ursal,
Philippine Law on Taxation, 2000 Ed.)
• In the case of Wise & Co. vs. City of Manila, G.R. No. L9957, April 25, 1958, the
Court declared as invalid a tax ordinance requiring the inspection of, and charging of
a fee therefore, meat coming from outside city limits.
• In Saldana vs. City of Iloilo, G.R. No. L-10470, September 27, 1957, the Court
declared as a forbidden export tax an inspection fee on every hog, cattle and carabao
transported to other places
• The DOF likewise had directed municipal treasurers of Palawan to desist from
charging outgoing fee in the transport of rice and corn from one municipality to
another, (DOF, 3 Indorsement dated July 7, 1987 to the Provincial Treasurer of
rd
Palawan)
Public policy is defined in Black's Law Dictionary as "that principle of the law which holds
that no subject can lawfully do that which has a tendency to be injurious or against the
public good." The term "policy" in turn is defined as "the general principles by which
government is guided in the management of public affairs, or the legislature, in its
measures".
Thus, since the local councils exercise only delegated legislative powers conferred on them
by Congress as the national lawmaking body, the ordinances they enact must be consistent
with the policies declared by Congress through the measures it enacted, as well as be
reconciled with the national government's policies manifested through executive orders and
other administrative issuances.
The question of reasonableness of tax rates is open to judicial inquiry, but, much is left to
the discretion of the municipal authorities in setting the tax rates. Courts in fact go slow in
writing off an ordinance as unreasonable unless the amount is so excessive as to be
prohibitive. As a rule, Courts consider the municipal conditions as a whole and the nature of
business made subject to the imposition as factors in determining the reasonableness of tax
346
rates (Victorias Milling Co. Inc. vs. Municipality of Victorias, G.R. No. L-21183,
September 27, 1969)
A tax ordinance, however, does not become oppressive simply because it carries a penal
clause imposing a fine or imprisonment, neither does it become unconstitutional because it
subjects the taxpayers to criminal prosecution for non-payment (Villanueva vs. City of
Iloilo, G.R. No. L-262521, December 28, 1968).
'
347
LTOAnnex 3
I
LOCAL REVENUE TOOL KIT FOR PHILIPPINE LGUs
The 1992 LGC provides LGUs with powerful resource mobilization tools that can be grouped
into five distinct classes of potential revenue sources. These are:
Most of these tools are being effectively used by rapidly growing LGUs in the Philippines,
Thailand and Indonesia.
Under the 1992 LGC, the province, as a political and corporate unit of government serves as a
dynamic mechanism for the "effective governance" and development of component cities and
municipalities within its territorial jurisdiction.
I. Land-Based Tools
These are potential revenue sources that rely on the real property (land and improvements)
resources ofLGUs.
A. Basic Real Property Tax (Sec. 232). This is a yearly ad valorem tax on real property
such as land, building, machinery, and other improvements. The maximum tax is 2%
of the assessed value which is a percentage of the fair market value of real property.
The LGC prescribes the graduated schedule of assessment for agricultural, residential,
and other real property classification. LGUs are required to prepare and update every
three years a schedule of fair market values for all classes of real property.
B. Special Education Fund - SEF Real Property Tax (Sec. 235). This is an additional
yearly ad valorem tax on real property. The amount of tax is 1% of the assessed value
of real property and is collected together with the basic real property tax.
C. Land Transfer Tax (Sec. 135). This tax is imposed on any mode of transferring title
of ownership of real property from one person to another, such as through sale, barter
or donation. The amount of tax is 75% of 1 % of the total consideration or fair market
value, whichever is higher, and is payable within 60 days from the execution of the
deed. Sale or transfer under the Comprehensive Agrarian Reform Program is exempt
from this tax. (Applicable only to cities and provinces).
D. Idle Land Tax (Sec. 236). This is a yearly ad valorem tax on idle land and is in
addition to the basic real property tax and SEF. The maximum amount of tax is 5% of
the assessed value of property. Idle lands include agricultural lands more than one
hectare in area, one half of which remains uncultivated or unimproved; non
agricultural lands more than 1,000 square meters in area, one-half of which remain
unutilized or unimproved; and residential lots in subdivision, regardless of area.
(Applicable only to cities, provinces, and Metro Manila municipalities)
E. Public Land Use Tax (Sec. 235a). An LOU may collect real property tax on
government lands which are used for the private benefit of individuals or corporations.
For example, concessionaires or business establishments within government properties
348
such as the lands of the Air Transportation Office may be levied real property taxes on
government lands they occupy.
F. Land Sale of Foreclosed Real Properties (Sec. 257, 258 and 260). Local taxes, fees
and charges constitute a lien on real properties owned by a taxpayer. An LGU may
foreclose on the properties of delinquent taxpayers and sell these properties through
public auction. In the absence of bidders, or if the bids are not enough to pay the tax
obligation, including interests and penalties, the LGU treasurer will purchase the
property for the LGU.
G. Land Investment. An LGU may acquire and develop land using its ordinary corporate
powers (Sec. 18), though purchase of foreclosed real properties (Sec. 263) or through
joint ventures (Sec. 302) with the private sector, or through build-operate and transfer
scheme (BOT). Such investment in land development provides direct revenues to the
LGU in terms of profits upon disposition and also in terms of enhanced property value
and higher property tax base.
H. Land Reclassification (Sec. 20). An LGU may reclassify at most 15% (for highly
urbanized and independent component cities), 10% for component cities and first to
third class municipalities, 5% for fourth to sixth class municipalities of existing
agricultural lands for other uses which are deemed to have greater economic value.
I. Land Development Permit Fee (557 and 558). The regulation of land development
and subdivisions is one of the devolved functions to LGUs. In the exercise of the
functions, LGUs may impose development permit fees, to cover the cost service in the
process of issuance of a permit. Alternatively, LGUs may base the development
permit fee on the financial impact or economic benefits to be derived from such a
permit.
J. Tax on Sand, Gravel and other Quarry Resources (Sec. 138). This is an ad valorem
tax on ordinary stones, sand, gravel, earth and other quarry resources extracted from
public lands or from beds of seas, lakes, rivers, streams, creeks, and other public
waters within an LGU's territorial jurisdiction. The tax should be no more than 10%
of the fair market value in the locality per cubic meter. (Applicable only to cities and
provinces)
These are potential revenue sources that rely on the flow of economic activity within the territorial
jurisdiction of an LGU.
A. Business Tax (Sec. 143). Description: This is a tax imposed on various categories of
business operations (manufacturer, retailer, exporter, service, etc.). The tax follows a
graduated schedule based on sales or receipts of the preceding year. The LGC
prescribes the graduated schedule of tax rates for the categories of business.
(Applicable only to cities and municipalities)
B. Community Tax (Sec. 156). This is a yearly tax on individuals and juridical persons.
An individual who is at least 18 years old and is gainfully employed or is engaged in
business or occupation or owns real property with assessed value of at least Php 1,000,
pays the community tax to the LGU where he resides. The amount of tax is Php 5 plus
Php J for every Php J ,000 of income from all sources, but not exceeding Php 5,000.
In the case of husband and wife, the additional tax is based on their total combined
properties and gross income. (Applicable only to cities and municipalities)
349
C. Franchise Tax (Sec. 137). This is a yearly tax imposed on a business enjoying a
franchise within the territorial jurisdiction of the LGU. The amount of tax is 75% of
1 % of gross receipts realized within the territorial jurisdiction of the LGU during the
preceding calendar year, payable within the first 20 days of January and quarterly
thereafter. For a newly started business, the amount of tax is 1/20 of 1 % of capital
investment. (Applicable only to cities and provinces)
D. Tax on Business of Printing and Publication (Sec. 136). This is a yearly tax on the
business of persons engaged in the printing and/or publication of books, cards, posters,
leaflets, handbills, certificates, receipts, pamphlets, and others of similar nature. The
amount of tax is 50% of 1 % of the gross annual receipts of the preceding calendar
year. For a newly started business, the amount of tax is 1/20 of 1% of capital
investment. (Applicable only to cities and provinces)
E. Professional Tax (Sec. 139). This tax is imposed on the practice of a profession
requiring government examination. The tax is for every profession practiced, i.e., a
CPA-lawyer who practices both professions must pay for two professions.
Professionals working exclusively for the government are exempt. The amount of tax
is Php 300 per year and may be paid to the LGU where the professional resides.
, (Applicable only to cities and provinces)
F. Amusement Tax (Sec. 140). This is a percentage tax on gross receipts from
admissions of amusement places such as movie houses, clubs and other places of
entertainment. The amount of tax should not exceed 30% of gross receipts. The time,
manner, terms and conditions for payment are to be prescribed by ordinance.
(Applicable only to cities and provinces)
G. Annual Fixed Tax on Delivery Trucks or Vans (Sec. 141). This is an annual fixed
tax for every truck, van or any vehicle used by manufacturers, producers, wholesalers,
dealers or retailers in the delivery or distribution of products as may be determined by
the local legislative council to sales outlets or consumers whether directly or indirectly
within the LGU's jurisdiction in an amount not exceeding Php 500. (Applicable only
to cities and provinces)
H. Fees and Charges (Sec. 147). Municipalities and cities may impose such reasonable
fees and charges on business and occupation except those reserved to the province
under Sec. 139 commensurate with the cost of regulation, inspection and licensing.
I. Fees for Sealing and Licensing of Weights and Measures (Sec. 148). The local
legislative council may impose may levy reasonable fees for the sealing and licensing
of weights and measures. (Applicable only to cities and municipalities)
J. Fishery Rentals, Fees and Charges (Sec. 149). The local legislative council may
grant fishery privileges within its territorial waters and impose rentals, fees or charges.
(Applicable only to cities and municipalities)
K Service Fees and Charges (Sec. 153). LGUs may impose and collect such reasonable
fees and charges for services rendered.
These are potential revenue sources that are based on the "user" or "beneficiary"-pay principle
that is people or entities like corporations should pay for the use of or benefits derivable from
public infrastructure.
350
These tools are primarily cost recovery mechanisms for infrastructure projects. However, they
can be converted to loan equivalents for purposes of raising credit finance for infrastructure
projects.
A. Special Levy (Sec 250). This is a tax imposed on lands specially benefited by public
works projects which are funded by the local government. Public works projects
which provide benefits to adjacent lands are roads, drainage, power transmission lines,
water distribution lines, telecommunication lines. Benefits include appreciation in
value, increased economic/commercial activities, reduced maintenance costs of
property improvements, etc. The maximum amount of tax to be generated from a
special levy is 60% of the actual project costs, which include cost of land and other
real properties acquired in connection with the project. The tax liability is allocated
among the real properties affected by the project in proportion to the benefits to be
derived. The tax may be paid in yearly installment over at least 5 years but not more
than 10 years.
B. Toll Fees or Charges (Sec. 155). The local legislative body may prescribe the terms
and conditions and fix the rate of toll fees or charges for the use of any public road,
pier, waterway, bridge, ferry, including telecommunication systems funded and
constructed by the local government unit. Toll fees should be commensurate with the
economic benefits derived by users of the facilities.
C. Public Utility Charges (Sec. 155). LGUs may fix the rates for the operation of public
utilities owned, operated and maintained by them within their jurisdiction.
These are tools that allow LGUs to secure debt finance for so-called "income-generating
projects" and to make investments in financial debt instruments like securities - Treasury bills,
commercial papers, and shares of stocks.
A. Debt Financing (Sec. 297-302). LGUs may borrow money directly from the
financial/banking system- commercial or government - or other sources or through the
flotation of bonds in the financial markets to fund development projects. A-LGU may
use its real property as collateral for such loans. In addition to loans, credits, deferred
payment schemes, bond and security issues, and other forms of indebtedness, cities are
now allowed to enter into BOT agreements with the private sector.
B. Financial Investment (Sec 18). LGUs may invest in public or private financial
instruments. Excess-ortdle funds may generate additional revenues through bank time
deposits.
These are tools based on national government revenues shared with LGUs as provided for in the
1992LGC.
�%
A. Share in Mining, Fish1!!J!:,4r,d Forestry Taxes (Sec. 290). In addition to its IRA,
LGUs shall have a {ijfo share in the gross collection derived by the national
government from the preceding fiscal year from mining taxes, royalties, forestry and
fishery charges, and such other taxes, fees, or charges plus any share that may accrue
to it in any co-production, joint venture or production sharing agreement in the
utilization and development of the national wealth within their territorial jurisdiction.
351
B. Share in the Gross Sales or Taxes of Government-Owned and Controlled
Corporations (Sec. 291). LGUs may share in the gross sales or taxes of a
government-owned and controlled corporation (GOCC), if it is engaged in the \
development and exploitation of natural resources located in a LGU.
1. Eighty percent, however, of the proceeds derived from the development and \
utilization of hydropower, geothermal, and other sources of energy shall be
applied solely to lower the cost of electricity in the LGU where such energy
sources are located.
I
2. The share of the LGU is 1 % of the gross sales of the preceding year or 50% of
the mining taxes, royalties, forestry and fishery charges, and such other taxes,
fees and charges, including related surcharges, interests, or fines the
government agency or GOCC would have paid if it were not exempt.
352
LTOAnnex4
353
5 Turns over intact all collections to the Liquidating Collector/Teller
Officer (LO) supported by the RCD (all copies) and
duplicate ORs.
20 After the day's cut-off time or the next banking day, Treasurer/Cashier
prepares deposit slip in 3 copies and deposits intact
collections to the LGU's depository bank. The
deposit slip shall be distributed as follows:
355
by the Accounting Unit.
24 Submits 2 copies of the Report of Collections and
Deposits to the Accounting Unit supported by the Treasurer/Cashier
following:
- Duplicate ORs
- Bank-validated Deposit Slip
- RCD of Liquidating Officer (s)
- RCD of Collectors/Tellers
- SCR of Deputized Barangay Treasurer
356
LTO Form 5
CASHBOOK
LGU
CASH IN TREASURY
Date Particulars Reference Debit Credit Balance
357
CASH BOOK
(Cash in Treasury)
INSTRUCTIONS
B. The Treasurer shall maintain this record to monitor the cash in treasury balance as of specific
dated. All transactions for the day shall be recorded immediately
C. At the end of each day, the debit and credit shall be ruled and closed. All totals shall be
written legibly in ink and the balances shall be carried forward as opening balances of the
Cash Book for the next day.
D. The difference of the totals of Debit and Credit columns should tie-up with the running
balance column.
358
LTO Form 6
CASHBOOK
LGU
359
CASH BOOK
(Cash in Bank)
INSTRUCTIONS
B. The Treasurer shall maintain this record to monitor the cash in bank balance as of specific
date. All transactions for the day shall be recorded immediately.
C. At the end of each day, the debit and credit shall be ruled and closed. All totals shall be
written legibly in ink and the balance shall be carried forward as opening balances of the
Cash Book for the next day.
D. The difference of the totals of Debit and Credit columns should tie-up with the running
balance column.
360
LTO Form 7
CASHBOOK
LGU
Disbursing Officer:
CASH ADVANCES
Date Particulars Reference Debit Credit Balance
'
361
CASH BOOK
(Cash Advances)
INSTRUCTIONS
B. The Treasurer shall maintain this record to monitor the cash advances balance as of specific
date. All transactions for the day shall be recorded immediately.
C. At the end of each day, the debit and credit shall be ruled and closed. All totals shall be
written legibly in ink and the balances shall be carried forward as opening balances of the
Cash Book for the next day.
D. The difference of the totals of Debit and Credit columns should tie-up with the running
balance column.
362
LTO Form 8
CASHBOOK LIQUIDATING
OFFICER
LGU
Collections Unremitted
Collections
Remitted to Collections
Date Particulars Reference Received
Cash ier/Treasure�Balance or
(DR)
fr,R) H::inrl
363
CASHBOOK- LIQUIDATING OFFICER
INSTRUCTIONS
364
LTO Form 9
CASHBOOK-TELLER/COLLECTOR
LGU
Teller/Collector:
Collections Unremitted
Collections
Date Particulars Remitted to Collections
Reference Received
Liquidating (Balance on
(DR)
Officer (CR) Hand)
365
CASH BOOK - TELLER/COLLECTOR
INSTRUCTIONS
366
LTOForm 10
CERTIFICATION:
I hereby certify that the foregoing is a true statement of all accountable forms received, issued and transferred by me
during the period above-stated and the correctness of the beginning balances.
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REPORT OF ACCOUNTABILITY FOR ACCOUNTABLE FORMS (RAAF)
INSTRUCTIONS
Original - Treasurer
2nd copy - Accountable Officer's file
C. Treasurers, collectors/tellers and other accountable officers shall render this report of
accountability for accountable forms at the end of each month for consolidation by the local
treasurer.
368
LTO Form 11
LGU
Month of 20
Treasurer: Report No.:
Certified Correct:
Treasurer Date
°'
<.;>
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CONSOLIDATED REPORT OF ACCOUNTABILITY FOR ACCOUNTABLE
FORMS (CRAAF)
INSTRUCTIONS
C. The Treasurer shall render this report to consolidate the Report of Accountability for Accountable
Forms
D. This consolidated report shall be accompanied by the RAAF of all accountable officers which
shall be submitted to the auditor not later than the fifth day of the ensuing month
370
LTO Form 12
Page 1 of 2
Fund: Date:
Name of Accountable Officer: Report No.:
A. COLLECTIONS
1. For Collectors
B. REMITTANCES/DEPOSITS
Accountable Officer/Bank Reference Amount
371
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p a g c O f 2
C A C C O U N T A B IL IT Y F O R A C C O U N T A B L E F O R M S
B c ii: in rt in B � I a n c c R c c c i !s s u c d _!;: n
_ ___!___J n i.: 8 a I 3 n c c
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r r o n1 r " f r o m T o r o
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I
D S U M M A R Y O C O L L E C T 10 N S A N D R E M IT T A N C E S I D E P O S IT S
fl c g 1n 11 1n s ll :1\a n c �· 2 0
1\ dd C ollc c tio
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I �· s s R c m 10 cp 0 �i1 to C a sh 1;: r/
T rc a su r c rr D r 0 S It O r y 8 :I I) k
13 :i. la
N O T E U � e a dditio n al sh c c l if n c c l! S $ a ry
C E R T IF IC A T 10 N V E R IF IC A T 10 N A N O A C K N O W L E D G M E N T :
I h c r c ti � " " r11f� 1h a 1 1h " f., r ,· ;:. ,, in it r ,· p v rt or .: ,• l\c ., ti < > n I h " r ,· t, � " c r li f) Ih a I lh " ( ., r c � o in ;; r " p ,; , I " tl 1 1 ,· , t i v "
n n J J , . I' " , i t , • a n ti a .; , , , 1 1 n I a h • I , 1 , r ,, r a ,· c ,, u n I a t, I c <' f j f I " J l I\ J l e ,J i <. r " " c i p l " I _ _ _ _ _ _
,, 1ru " J n d c ,, r r c c l
INSTRUCTIONS
For Collectors
7. REMITTANCES/DEPOSITS
a. Name of Forms & No. - the name(s) of the form(s) (checks/official receipts/etc.)
for which this report is being made shall be written in the boxes provided
b. Qty. and Serial no. - the quantity and the corresponding serial numbers of the
forms on hand at the start of the period; those received, and those issued or
transferred during the period covered; and the balance at the end of the period
shall be entered in these columns.
373
9. SUMMARY OF COLLECTIONS AND REMITTANCES/DEPOSITS - A summary
shall be prepared as shown in the report.
10. Certification - shall be signed by the Accountable Officer preparing the report.
B. This report shall be prepared in four (4) copies and to be distributed as follows:
Original - COA thru the Accounting Division together with the duplicate copy of the
OR
211d Copy - Treasurer's file
3 rd Copy - Liquidating Officer's file
4111 Copy - Collector's file
C. Collections for the day should be deposited intact daily. The balance of collections not
deposited during the day due to cut-off should be deposited in the next working day.
374
LTO Annex 13
Process Flow on LGU Receipts, Collections and Deposits
Area of
Responsibility/Pers Seq. Activity
on Responsible
375
F�--,�------
LTO Form 14
376
Exhibit 1-a
Item
No. Field Instructions Source
1 Province/City/ Indicate the name of Local Government LGU
Municipality Unit.
2 Period Indicate the period covered by the report LGU
(i.e., January 1 to March 31 for the First
Quarter Report, January 1 to June 30 for the
Second Quarter Report; etc.)
3 Population The LGU population based on the official BLGF -CO
record of the National Statistic Office
(NSO) is provided by the system.
4-B Income The amount is based on the annual budget Budget
Target/Budget approved by the Sanggunian. This column Office
Appropriation can be used to determine the projected cash Approved
Column flow based on the approved budget. Budget
4-C General Fund These are actual receipts and expenditures SRS Actual
Column lifted from the Statement of Receipt Column and
Sources (SRS) and Statement of SOE Actual
Expenditures (SOE) for the General Fund Expenditures
Column
4-D SEF Column They are receipts and expenditures lifted
from the Statement of Receipt Sources and
Statement of Expenditures (SOE)
appropriate to the Special Education Fund
(SEF)
4-E Total Sum of General Fund and SEF
4-F % of General + Sum of General Fund and SEF divided by
SEF to Total Total. The sum determines the % of each
Column income or expenditure category in relation
to the total.
5 Local Sources Sum of Tax Revenue and Non-Tax Revenue
6 Tax Revenue Sub-total of Real Property Tax, Tax on
Business and Other Taxes.
7 Real Property The amount should be lifted from the SRS SRS
8 Tax on Business The amount should be lifted from SRS SRS
9 Other Taxes The amount should be lifted from SRS SRS
10 Non-Tax Revenue Sum of Regulatory fees, Service/User
Charges, Income from Economic Enterprise
and Other Receipts
11 Regulatory Fees The amount should be lifted from SRS SRS
12 Service/User The amount should be lifted from SRS SRS
377
13 Income from The amount should be lifted from SRS. SRS
Economic
Enterprises
14 Other Receipts The amount should be lifted from SRS SRS
15 External Sources Sum of Internal Revenue, Shares from
Other National Tax Collections, Inter-Local
Transfer and Extraordinary
Receipts/Grants/ Aids/Donations
16 Internal Revenue The amount should be lifted from SRS SRS
Allotment
17 Shares from Other The amount should be lifted from SRS SRS
National Tax
Collections
18 Inter-Local The amount should be lifted from SRS SRS
Transfer
19 Extraordinary The amount should be lifted from SRS SRS
Receipts/Grants/
Aids/Donations
20 Total Current Sum of Local Sources and External Sources
Operating Income
22 General Public The amount should be lifted from the SOE
Service General Public Services sub total of the
Statement of Expenditures (SOE)
23 Department of The amount should be lifted from the SOE
Education Department of Education sub-total of the
SOE
24 Health, Nutrition The amount should be lifted from Health, SOE
& Population Nutrition & Population Control sub-total of
Control the SOE
25 Labor and The amount should be lifted from the Labor SOE
Employment and Employment sub-total of the SOE
26 Housing and The amount should be lifted from the SOE
Community Housing & Community Development sub-
Development total of the SOE
27 Social Services The amount should be lifted from the Social SOE
and Welfare Services and Welfare sub-total of the SOE
28 Economic The amount should be lifted from Economic SOE
Services Services sub-total of the SOE
29 Debt Service The amount should be lifted from Debt SOE
Service sub-total of the SOE
30 Other Services The amount should be lifted from Other SOE
Services SOE
378
31 Total Current Sum of General Public Service, Department --
Operating of Education, Health, Nutrition &
Expenditures Population Control, Labor and
Employment, Housing and Community
Development, Social Services and Welfare,
Economic Services, Debt Service and Other
Services.
32 Net Operating The difference between Total Current
Income (Loss) Operating Income and Total Current
from Current Operating Expenditures.
Operation
34 Capital/ Sub-total of Receipts from Sale of Property,
Investment Plant and Equipment, Receipt from Sale of
Receipts Debt Securities of Other Entities, and
Collection of Principal on Loans to Other
Entities
35 Proceeds from The amount should be lifted from SRS SRS
Sale of Property,
Plant and
Equipment
36 Proceeds from The amount should be lifted from SRS SRS
Sale of Debt
Securities of
Other Entities
37 Collection of The amount should be lifted from SRS SRS
Loans
Receivables
38 Receipts from Sub-total of Acquisition of Loans and
Loans and Issuance of Bonds
Borrowings
39 Acquisition of The amount should be lifted from SRS SRS
Loans
40 Issuance of Bonds The amount should be lifted from SRS SRS
41 Total Non- Sum of Capital/lnvestment Receipts and
Income Receipts Receipts from Loans and Borrowings
43 Capital/ Sub-total of Purchase/Construct of
Investment Property, Plant and Equipment (Capital
Expenditures Outlay expenditures), Purchase of Debt
Securities of Other Entities, and
Grant/Make Loan to Other Entities
44 Purchase/ Capital Outlay expenditures - The amount SOE
Construct of should be lifted from SOE
Property, Plant
and Equipment
45 Purchase of Debt The amount should be lifted from SOE SOE
Securities of
379
47 Debt Service Sub-total of Payment of Loan Amortization
and Retirement/Redemption of Bond/Debt
Securities
48 Payment of Loan The amount should be lifted from SOE SOE
Amortization
(Principal)
49 Retirement/Rede The amount should be lifted from SOE SOE
mption of
Bond/Debt
Securities
380
LTO Form 15
Distribution of Receipts
Date Remittance Undeposited/ Clearance Business
Particulars Ref. Receipts Deposits Unremitted Garbage Rent Misc. OTHERS (See List at the Back)
C/MT Collectioo IRA RPT Market Fees & Cert. Permit
Fees Income Income
Fees Fee Account Classification Amount
Certification:
I hereby certify to the correctness of the above data. Recordings are based on the certified SCDs supported
with duplicate ORs and VDS submitted by the BT, CMs, and bank statements which are all in my file.
<.,.)
00
CASH RECEIPTS AND DEPOSITS REGISTER
INSTRUCTIONS
4. Date - reference date of the C. At the start of each month, the register
document shall be used. In case where more than
one sheet shall be utilized, each sheet
5. Particulars - brief description of shall be totalled and the totals shall be
the collections/income received carried forward to the next sheet. The
succeeding sheets shall start with the
6. Reference - the SCE, CM number totals brought forward.
and bank statement supporting
and recording
D. The Register shall be certified and
7. Receipts - total receipts as Distributed as follows:
indicated in the SCD, CM and Original - City/Municipal Accountant
Banks 2nd copy -BRK
8. Deposits - total deposits made per SCD E. The certified Register shall be submitted
to the City/Municipal Accountant on or
9. Remittances - total remittances to C/MT before the 5th day of the following month
per SCD supported with the certified SCDs
382
LTO Form 16
Certification: Acknowledgement:
I hereby certify to the correct,,ess of the above data. Recording This is to acknowledge that I have received from BT the CHBReg
is based on the SCDs, SCkls, Debit/Credit Memos and Bank supported with SCDs, SCkls, Credit/Debit Memos and Bank Statements
Statement received which are all submitted to the BRK. together with all the supporting documents.
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00
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I I
CASH ON HAND AND IN BANK REGISTER
INSTRUCTIONS
384
LTO Form 17
REPORT OF ACCOUNTABILITY FOR ACCOUNTABLE FORMS
For the period
Signature over Printed Name Date Signature over Printed Name Date Signature over Printed Name Date
Baranqay Treasurer Baranqay Record Keeper City/Municipal Treasurer
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00
v,
REPORT ON ACCOUNTABILITY FOR ACCOUNTABLE FORMS
INSTRUCTIONS
386
LTO Form 18
Signature over Printed Name Date Signature over Printed Name Date Signature over Printed Name Date
Barangay Treasurer Baranaav Record Keeper City/Municipal Treasurer
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CONSOLIDATED REPORT OF ACCOUNTABILITY FOR
ACCOUNTABILITY FORMS
INSTRUCTIONS
388
LTO Form 19
Date
ORJVDS/SCR No. Payor/Bank Particulars Barangay As deputized by City/Municipality
Collections Deposit Balance Collection Remittance Balance
Certification: Acknowledgment:
--·
I hereby certify that the foregoing is the complete and correct I hereby acknowledge to have received the SCD
records of all my collections and deposits from to complete with the duplicate copies of the ORs issued,
2007. The duplicate copies of the ORs issued, SCRs and the SCRs and the VDS covering deposits as reported.
originals of the VOS are hereto attached.
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00
'D
SUMMARY OF COLLECTIONS AND DEPOSITS
INSTRUCTIONS
A. This form shall be 7. Particulars brief
accomplished as follows: description of the
transaction
1. Period - the covering period 8. Barangay - amounts of
of the report collections, deposits and
2. SCD No. - the SCD shall be balance for the barangay
numbered as follows: • Collections
L:
amount received
00 00 0000 • Deposits
Serial number amount deposited as
(one series per year) evidence by VDS
Month of Issue
• Balance
Year of Issue
3. Page where the page collections less deposits
number is indicated. In case 9. As deputized by
more than one sheet is used City/Municipality
for the week, the first page amounts of collections,
shall be numbered 1 of 3 remittances and balance
and the next page is page 2 of funds held by the BT
of 2 to fully account all the • Collecions - amount
sheets used. received
4. Date - date of the receipt of • Remittances
the collections/deposits amounts remitted to
5. Reference The source City/Municipal
documents shall support the Treasurer
entries to be made • Balance - collections
• OR No. serial less remittances
number of the OR 10. Certification to be
issued including signed by the Barangay
the cancelled ones. Treasurer
For collections of 11. Acknowledgement - to be
DBT or DBC, Ors signed by the BA \arangay
shall be shown in Record Keeper
batch. B. The daily sub-total of he SCD
• VDS No. - number shall be recorded in the CHBReg
of the validated by the BT and the weekly total in
deposit slip the CRDReg by the BRK
• SCR No. - number
of the SCR C. This report shall be prepared in
6. Payor/Bank - name of the three copies to be distributed as
payor or name of DBC and follows:
the Bank. For collections of Original - City/Municipal
DBT or DBC, "Various" Accountant
shall be used. 2
nd
copy - BRK
3rd
copy-BT
D. Any undeposited amount shall
be forwarded to the balance
column of the following weekly's
summary.
390
LTO Form 20
Summary of Collections and Remittances-BT
Date
Certification: Acknowledgment:
I hereby certify that the foregoing is the complete I hereby acknowledge receipt of the certified SCR
and correct record of all my collections for Jan. complete with duplicate copies of the ORs and the
Duplicate copies of ORs and the remittance of remittances of
are hereto attached. (P ).
391
SUMMARY OF COLLECTIONS AND REMITTANCES-BT
INSTRUCTIONS
A. This form shall be
accomplished as follows:
L:
00 00 0000
Serial number
(one series per year)
Month o-flssue
Year o-flssue
2. Page - the page number per
sheet
3. Date - date of receipt of
collections/remittances
4. OR No. no. of
OR/CTC/RPTR issued
including cancelled ones.
For collections of DBC,
Ors, shall be shown 1n
batch.
5. Payor - name of the payor.
For collections of DBC,
"Various" shall be used
6. Nature of Collections
amount collected by nature
of collections
7. Amount total amount
collected
8. Certification - to be signed
by the BT
9. Acknowledgement - to be
signed by the
City/Municipal Treasurer
B. This summary shall be prepared
daily in three copies to be distributed
as follows:
Original - City/Municipal
Accountant
211d copy- BRK
3
copy- BT
rc1
392
LTO Form 21
Date
Barangay: City/Municipality: SCR(DBC)No.:
Deputized Collector: Province: Page No.:
Area:
Ticket Nature of
Date Qty Denomination Payor Amount
Series Collections
Certification: Acknowledgment:
I hereby acknowledge receipt of
the SCR complete with the
I hereby certify that the foregoing is the complete remittances of ______ _
and correct record of all my collections for ___ (P___ ).
The remittances of P are hereto attached.
393
SUMMARY OF COLLECTIONS AND REMITTANCES -DBC
INSTRUCTIONS
A. This form shall be
accomplished as follows:
1. SCR No. - the SCR shall be
numbered as follows:
L:
00 00 0000
Serial number
(one series per year)
Month oflssue
'-------1�� Year of Issue
2. Page - the page number per
sheet
3. Date - date of receipt of
co11 ections/remittances
4. Ticket Series - the inclusive
series of the ticket issued
5. Qty. - quantity of ticket
issued based on the
inclusive serial number
6. Denomination - the face
value of the ticket
7. Payor - name of the payor.
For accountable forms
entered in batches, the term
various shall be used
8. Nature of collections - brief
description of the nature of
collections
9. Amount - total amount
collected
10. Certification to be
signed by the DBC
11. Acknowledgement to
be signed by the BT
B. This summary shall be prepared
in three copies to be distributed as
follows:
Original - BT
2nd copy - BRK
3 rd
copy - DBC
394
LTO Annex 22
2 Prepares the OR
Note 1. The OR shall be prepared in three copies to be distributed as
follows:
Original - Payor
2"d copy - Barangay Record Keeper (BRK) to support the SCD
3rd
copy - BT (retained in the booklet)
395
j Deposits weekly
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay Record Keeper 13 Forwards three copies of the Summary of Collections and
Deposits to the Barangay Bookkeeper together with the
duplicate copies of the ORs Validated Deposits Slips and
Summary of Collections and Remittances.
396
LTO Annex 23
B Remittance of Collections
4 Remits collections together with three copies of duly
certified Summary of Collections and Remittance to the
Barangay Treasurer
5 Receives remittance together with three copies of the
Summary of Collections and Remittance
6 Reviews the Summary of Collections and Remittance and
checks the completeness of data. Checks computation of
accountable forms issued/sold as against the reported
collections.
Note 2. In cast! of discrepancy, informs the Deputized Barangay
Collector immediately
397
Area of
Responsibility/Person Seq Activity
Responsible
Deputized Barangay Collector 10 Records the accountable forms issued in batches (showing
the denomination, quantity and sold and total amount
collected)
Note 1. The Summary of Collections and Remittances shall be prepared
in three copies to be distributed as follows:
Original - Barangay Bookkeeper
2"d Copy - Barangay Treasurer
3rd
copy - Deputized Barangay Collector
398
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay Treasurer 21 Deposits collections intact with the depository bank daily or
not later than the following banking day
399
Area of
Responsibility/Pers�n Seq. Activity
Responsible
Barangay Record Keeper 35 At month end, totals, balances and rules all the columns of
the Register. Recapitulates all the entries in the "Others"
column.
400
LTO Annex 24
B Remittance of Collections
5 Remits the collections to the City/Municipal Treasurer
together with the three copies of the certified Summary of
City/Municipal Treasurer Collections and Remittances supported by the duplicate
copies of the Real Property Tax Receipt/Community Tax
Certificate
401
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay Treasurer 11 Records daily collections in the Summary of Collections
and Remittances based on ORs, Community Tax
Certificates and Real Property Tax Certificates issued in
correct numerical sequence including cancelled ones.
Note 1. The Summary of Collections and Remittances shall be prepared
in three copies to be distributed as follows
Original - City/Municipal Treasurer
2"d copy - Barangay Record keeper
3"1 copy - Barangay Treasurer
Barangay Record Keeper 22 Receives the SCD and checks supporting documents.
Returns the 3 copy to the BT and retains the original (for
rd
402
Area of
Responsibility/Person Seq. Activity
Responsible
Barangay Record Keeper 23 Retrieves the Summary of Collections and Deposits (SCD)
from file
403
LTO Annex 25
Process Flow on the Receipt and Recording of Bank Debit/Credit Memo and Bank
Statement
Area of
Responsibility/ Seq. Activity
Person
Responsible
A Receipt of Debit/Credit Memo
Note 3. The difference between the totals of the deposits, credit memo and
interest earned plus the beginning balance less checks/Debit Memo and
withholding taxes shall equal the "Balance" in the "Cash in Bank" section.
404
Area of
Responsibility/ Seq. Activity
Person
Responsible
Note 4. The Cash on Hand and in Bank Register shall be prepared in three
copies to be distributed as/allows:
Original - City/Municipality Accountant
2'"1 copy - Barangay Treasurer
3"" copy - Barangay Record Keeper
Barangay Record 11) Submits the certified Cash on Hand and in Bank Register to
Keeper the City/Municipality Accountant. Forwards the 2nd copy to
the Barangay Treasurer and retains 3 rd copy for file
405
LTO Annex 26
Republic of the Philippines
Province/City/Municipality of __________
Office of the Provincial/City/Municipal Treasurer
LETTER OF AUTHORITYIAPPOINTMENT
No. -- - -
- - --
- ,20_ _
Sir/Madam/Gentlemen:
Pursuant to Section 171 of RA No. 7160, otherwise known as the Local Government Code
of 1991, which has for its purpose the enforcement and collection of taxes, fees and charges
authorized thereunder, please be advised that the bearers hereof, from this office and as deputies
thereof, are hereby authorized to examine your books of accounts and other pertinent records of
your business, to verify, assess and collect the true and correct amount of tax or taxes, fees and
charges due from you during the period from to
__ _ _____,20_ _ _ _
As provided for in Section 171 of this Code cited above, the examination of your books of
accounts and other pertinent records shall be made during regular business hours not oftener than
once a year.
The examination made pursuant hereto shall be certified to by the above named deputies
and such certification shall be made of record in your books of accounts.
Provincial/City/Municipal Treasurer
NAME OF TAXPAYER
LETTER OF AUTHORITY NO.
Date Issued
DOCUMENTS TO BE EXAMINED
Sir/Madam::
Pursuant to Letter of Authority attached hereto, please prepare the following pertinent
business records of your establishment/company, viz:
I. Business Permit to (Xerox)
2. Business License Receipts to__ (Xerox)
3. Latest Letter of Authority and Letter of Confirmation (proof of examination) issued.
4. Audited Financial Statement to (Xerox)
5. Books of Accounts to- - -
6. Purchases, Sales and Delivery Invoices
7. Value Added Tax (VAT), Percentage, Excise or Quarterly payments to Bureau of
Internal Revenue (BIR) (Xerox)
8. Business Permit and Taxes paid in other cities or municipalities if the
establishment/company has branches outside Quezon City (Xerox)
9. Schedule of Gross Sales/Receipts for every branch duly certified by an authorized
official or representative of the establishment/company
10. Articles of Incorporation/Partnership
11. Contract of Lease (if place of business is rented)
12. List of employees submitted to Social Security System (SSS)
13. Letter of Credit/Bill of Lading (for importers & expo11ers)
14. POEA license, Deployment reports (for manpower agencies)
15. DOT Accreditation (for tourist oriented and related business)
16. Contract of Agreement on Projects (for general building and engineering contractors)
17. Community Tax Certificate (Xerox)
Provincial/City/Municipal Treasurer
Revenue Examiner
407
LTO Form 27
TAX DATASHEET
P AYM ENTS
Kind of Business Official Receipt No. Amount Paid Annual/Semi- Date of Issue
Taxes/Fees/Charnes Annual/Quarterlv
REMARKS:
CERTIFIED CORRECT:
408
LTO Form 28
Particulars Actual Sales Declared Sales Year Tax Due Tax Paid Difference Surcharqe Interest
Findings and Recommendations We have examined, reviewed and evaluated the foregoing
accomplished data and assessment form concurs with the
findings and recommendations of the deputy
.is.
0
LTO Form 29
(Date)
Sir:
Provincial/City/Municipal Treasurer
410
LTO Form 30
(Date)
SECOND NOTICE
Sir/Madam:
Records show that you failed to settle the remaining deficiencies discovered during the
examination of your books pursuant to Letter of Authority No. dated ____
As per our computation you are hereby requested to pay the amount of Php ___
covering the period of -----
You are hereby required to pay the aforesaid amount within three (3) days from receipt
hereof. Your failure to do so will constrain us to cause the institution of appropriate legal action
against you.
Provincial/City/Municipal Treasurer
411
LTO Form31
Republic of the Philippines
Province/City/Municipality of _____
Office of the Provincial/City/Municipal Treasurer
(Date)
FINAL NOTICE
Sir/Madam:
Records show that a Notice of Assessment in the amount of Php was issued by
this Office, which was duly received by your company on . However, in spite of these
notices, no reply or attempt to settle this obligation was made by your company.
Pursuant to Section 195 of the Local Government Code of 1991, x x x. "Within sixty (60)
days from the receipt of the Notice of Assessment, the taxpayer may file a written protest with the
local treasurer contesting the assessment, otherwise the assessment shall become final and
executory x x x".
In view of the foregoing and it appearing that the sixty (60) day period within which to
protest the tax assessment has already prescribed, the subject assessment becomes final and
executory and therefore, the immediate settlement of your tax obligation is requested, otherwise,
this Office will be constrained to cancel your Mayor's Permit or effect the civil remedies provided
for under Section 174 of the Code by enforcing the collection thru distraint and levy or by judicial
action.
Provincial/City/Municipal Treasurer
412
LTO Form32
(Date)
The President
Subject: Tax Deficiency Discovered During Examination of your Books Pursuant to:
Letter of Authority No.: _ _
__ _
Amount: PHP_ __ _ __ _
Year:- - - - - - - --�
Gentlemen/Madam:
Despite several notices served and duly receipted on your business establishment and the
considerable length of time that had lapsed, we have not been favored with your reply.
In this connection, we would like to inform you that we are giving you the LAST
OPPURTUNITY to make the necessary settlement of your business tax liabilities within five (5)
days from receipt of this NOTICE.
Pursuant to Section 195 of the Local Government Code of 1991, "x x x. Within sixty (60)
days from the receipt of the Notice of Assessment, the taxpayer may file a written protest with the
local treasurer contesting the assessment; otherwise, the assessment shall become final and
executory. xx x".
In view of the foregoing, and it appearing that the sixty (60) days period within which to
protest the tax assessment has already prescribed, the subject assessment becomes final and
executory and therefore, the immediate settlement of your tax obligation is requested, otherwise,
this Office will be constrained to cancel your Mayor's Permit or effect the civil remedies provided
for under Section 174 of the Code by enforcing thru distraint and levy or by judicial action
Provincial/City/Municipal Treasurer
413
LTO Form33
(Date)
Sir/Madam:
Records that you failed to present for examination your books of accounts and other
pertinent documents notwithstanding service to you or LETTER OF AUTHORITY No __ on
and repeated demands thereof in violation of Section 220 of the Revenue Code of
You are hereby given three (3) days from receipt hereof to present for examination your
books of accounts and other pertinent documents to this Office during office hours. Your failure
to do so will constrain this office to resort to the legal remedies provided by law, including action
for the revocation of your business permit to effect the desired examination.
Provincial/City/Municipal Treasurer
414
LTO Form 34
(Date)
Sir/Madam:
Records show that you failed to present for examination your books of accounts and other
pertinent documents notwithstanding service to you of LETTER OF AUTHORITY NO. ___
on and repeated demands thereof in violation of Section 220 of the Revenue
Code of --- - --
You are hereby given three (3) days from receipt hereof to present for examination your
books of accounts and other pertinent documents to this Office during officer hours. Your failure
to do so will constrain this office to resort to the legal remedies provided by law, including action
for the revocation of your business permit to effect the desired examination.
Provincial/City/Municipal Treasurer
415
LTO Form 35
(Date)
LETTER OF CONFIRMATION
Sir/Madam/Gentlemen:
Provincial/City/Municipal Treasurer
416
LTO Form 36
Republic of the Philippines
Province/City/Municipality of _____
Office of the Provincial/City/Municipal Treasurer
CERTIFICATE OF CONFIRMATION
This is to certify that on , 20_, the books, accounts and other pertinent
records covering the period from , 20_ to , 20_, of
the business/businesses indicated above have been examined by the undersigned whose findings
and recommendations are stated herein.
A similar certification has been made in the books of same business on --- -, 20_.
Supervisor/In Charge
NOTE:
This is not a collection notice. This is simply an evidence that the business indicated
above has been inspected pursuant to Section 171 of R.A. 7160. Should there be any tax due as a
consequence hereof, the owner/operator of the business will be advised in writing accordingly.
Original Received:
417
LTO Form37
Date
CERTIFICATE OF EXAMINATION
This is to certify that according to the records , the books of accounts and other pertinent
records for the year of located
at have been examined by the
Examination Team from this Office whose signatures appear at the lower left hand corner hereof
under Authority No. · dated . It is further certified that the gross
sales/receipts of the above-named establishment for Calendar Year had been
determined by virtue of this examination.
This certificate is issued to confirm the authenticity of the gross sales/receipts mentioned
above in the total amount of P which shall be the basis in the computation of
the taxes, fees and other charges due from for the current year.
Provincial/City/Municipal Treasurer
Examined by:
Examination Team
418
LTO Form38
Date
Sir:
After an examination of your books of accounts and other pertinent documents for the
year and a verification of your business tax payments by the examination Team duly
deputized by this Office, it has been found out that you have a business tax deficiency in the
amount of P including surcharges, interests and penalties, as shown on the
assessment sheet hereto attached.
In view hereof, you are requested to pay the amount abovementioned within three (3) days
from receipt hereof in order that a CERTIFICATE OF EXAMINATION may be issued to
consider this matter settled and closed.
Provincial/City/Municipal Treasurer
NOTE: Certificate of Examination will be required in the renewal of your business permit for
the calendar year _ _ _ _
419
LTO Form39
FINAL DEMAND
License Case No. ____
A review of our records showed that you have neither replied to, nor paid the amount
indicated in our assessment notice to you dated____________
We give you again below the itemized statement of the amount due as assessed by our
deputies who inspected your business establishment.
Please give this matter your preferential attention because if we do not hear from you
within three (3) days from your receipt of this letter, we shall have to elevate your case to the
Office of the Mayor with our recommendation for the institution of such legal action as may lie
against you.
Provincial/City/Municipal. Treasurer
420
LTO Form 40
Office
Address
Responsibility Account
Particulars F.P.P Amount
Center Code
Total
�Certified Licenified
O Charges to appropriacion/allotment necessary, lawful Existence of available appropriation
and under my direct supervision
Osupporting documents valid, proper and legal
Signature Signawrc
Printed
Primed Narne
Name
Position Position
Head, Requesting Office/Authorized Representative Head, Budget Unit/Authori�ed Reprcscmativc
Dare Dare
421
LTO Annex 41
8. The Budget Unit shall stamp the date of receipt on the face of this form.
5. Responsibility Center - code of the cost center where expenses shall be charged
8. Account Code - expense/asset/liability account code where the obligation shall be charged
I 0. Certified (Box A) - Certification by the Head of the Requesting Office or his authorized representative on
the necessity and legality of charges to the appropriation/allotment under his direct supervision, and
validity, propriety and legality of supporting documents
The certifying officer shall affix his signature, print his name, indicate his position, and the date of his
signing on the spaces provided.
11. Certified (Box B) - Certification by the Head of the Budget Unit or his authorized representative on the
existence of available appropriation.
The certifying officer shall affix his signature, print his name, indicate his position, and the date of his
signing on the spaces provided.
D. Any correction/adjustment by the Accounting Unit which will require the corresponding adjustment in the
appropriate RAAO shall be coordinated with the Budget Unit.
422
LTO Annex 41
1) Salaries
d) Salaries of Persons Employed on Contract Basis (COA Cir. 81-155, Feb. 23, 1981)
423
f) Salary Due Heirs of Deceased Employees
• Certified true copy of exoneration or of court's order dismissing the criminal case
against the employee or absolving him; or Certified True Copy of authority
granted by the depaitment head for payment of salary during suspension; or
• Certified true copy of the President's order of suspension providing for payment of
salary during suspension.
• Application for leave approved by the proper head of agency or his duly authorized
representative
• Clearance certificate from money and property accountability, if absence is in
excess of thirty days
• Medical certificate in case of sick leave, except where leave not exceeding five (5)
days had already been enjoyed
• Statement showing the balance of leave standing to the credit of the employee
As a general rule all officers and employees who have rendered at least six (6) months of
continuous service, faithful and satisfactorily service, and whose office hours as so fixed
that they are on duty the number of hours required by law, are entitled to 15 days vacation
and 15 days sick leave with full pay exclusive of Saturdays and Sundays and holidays
without limitation as to the number of days of vacation and sick leave that they may
accumulate.
c) Maternity Leave
Married women in the government service who have rendered two years or more of
continuous service shall be entitled to maternity leave of 60 days with full pay. For those
who have rendered less than two (2) years of government service at the time of the
424
enjoyment of maternity leave, the computation of their maternity leave shall be
proportionate to their length of service (Sec. 17 Rule XVI Omnibus Rules Implementing
Book V of EO No. 292)
When an employee wants to report back to duty before the expiration of her maternity
leave, she may be allowed to do so without refunding the commuted money value of the
unexpired portion of her maternity leave and she shall be paid the corresponding salary for
the service rendered
The foregoing provision shall be subject to a certification of a physician that the subject
employee is physically fit for work (Sec. 14 Rule XVI Omnibus Rules Implementing
Book V of EO 292)
Ove1time compensation by the hour shall be computed on the basis of the authorized
monthly basic salary of the officer or employee authorized to render overtime services.
However, as a general rule, the amount of overtime compensation, which may be allowed
an employee for a given calendar year, shall not exceed fifty percent (50%) of his basic
salaiy (Sec. 282(a), GAAM, Vol. I)
425
Meal allowance in kind at P 20.00 per meal may be granted to officials and employees
who have rendered at least three (3) hours of overtime service before mealtime. However,
availment of the meal allowance in kind herein authorized shall constitute a bar from
collecting the overtime compensation authorized (Sec. 282, GAAM, Vol. II)
The payment of overtime service shall not apply to officials occupymg positions
enumerated hereunder:
• Department Secretaries
• Department Undersecretaries
• Department Assistant Secretaries
• Bureau Directors and Regional Directors
• Assistant Bureau Directors and Assistant Regional Directors
• Department Service Chief and Assistant Department Service Chiefs
• Positions of equivalent category as an State Universities and Government-Owned
and Controlled Corporation
• Intermediate positions and created in between the above enumerated positions and
inasmuch as these positions involve coordinative and integrative functions and in
some cases exercising general supervision over the line divisions and units (Sec.
284, GAAM, Vol. I)
j) Honorarium
k) Subsistence Allowance
Subsistence allowance shall mean all allowance for meal or subsistence for an official or
employee who, by the nature of his duties and responsibilities has to make his services
available in his place of work even during mealtime. (Sec. 243, GAAM, Vol. II)
In all cases, officials and employees who are on maternity leave, sick or vacation leave,
whether with or without pay, or on full time or part time detail with another organizational
unit of same agency, another agency or special project, or attending training
course/scholarship grant/seminar or any other similar activity or on official travel shall no
be entitled to subsistence allowance for the duration of their official leaves, detail,
attendance in a training course/scholarship grant/seminar, or any other similar activity, or
official travel [Sec. 296 (e), GAAM, Vol. I]
426
• Evidence from the department of National Defense the place of assignment/travel
in a strife torn/hazardous area, or Certification from the Regional Director
concerned in case of assignment in mental hospital, radiation exposed clinic and
laboratories or disease infested areas, or Certification from the Philippine Institute
ofVolcanology and Seismology in case of volcanic activity and/or eruption
• Duly accomplished time record of employee or travel report
• Certification of the accountant that funds are available for the purpose
• A copy of special order from the agency department head covering the assignment
to hazardous/difficult areas
427
II - MAINTENANCE AND OTHER OPERATING EXPENSES (MOOE)
1) Travel Expenses
• Travel Order or Authority to Travel approved by the Agency Head or his duly
authorized representative, or by the Department Head for travel exceeding One (1)
month but not less than three (3) months, or by President, if travel exceeds three
(3) months.
• Approved Itinerary of Travel
• Certificate of Travel Completed
• Certificate of Appearance
• Tickets for place, bus, ship fare or its equivalent
• Receipts, in case entitled to travel representation allowance
• Reimbursement Expense Receipt (RER), if necessary
A full travel allowance is allowed only in cases of absence from the permanent station
One (1) full day. For less than a full day, only the corresponding fractional part of the
allowance. To determine fractional pa11, divide allowance equally into four (4) units
corresponding to breakfast, lunch, dinner and lodging
b) Foreign Travel
428
Allowable travel expenses
• Conference, missions and other study trips (Sec. 3 51, GAAM, Vol. I)
Transportation
Clothing allowance
Representation expenses
Daily allowance and reimbursable limit for hotel room rate
Insurance
Documentary requirements
2) Communication Services
a) Telephone Charges
429
• For long distance calls, certification of the Head of the agency that the long
distance calls was strictly official in nature, exceptionally urgent and absolutely
necessary
a) By Administration
b) By Contract
430
• Affidavit of the contractor stating that all materials used and laborers employed
have been paid
• Bill of Creditor
• Progress Report of Accomplishment
• Inspection Report
431
b) In case of Major Repair
• Canvass from at least three (3) contractors, or public bidding if amount involved is
more than P 50,000.00
• Certificate of Accreditation of repair shop issued by Accreditation Board
• Job Order/Contract
• Guaranty Certificate of Contractor
• Certificate of Acceptance by Property Officer of the work or service done in
conformity with specifications of contract and accomplished within the specific
period of time
5) Transportation Services
a) Hauling Services
• Contract of Service
• Certificate of Receipts of Agency - consignee of articles in good order and condition
b) Shipment
• Copy of bills of lading and/or airway bill as the case may be, signed by consignee or
his representative
• Certificate of Receipt of agency - consignee of articles in good condition
• Copy of advertisement
• Winning bidder's offer
• Bid tenders of other participants
• Letter of award of acceptance and
• Performance bond of winning bidder
432
Thru Emergency Purchase (additional)
7) Rents
• Contracts of Lease
• Statement of Account/official receipt
8) Interest
• Authority for incurrence of obligations together with the terms and conditions for
repayment and the rates of interest charged (SAM)
Evidence showing that death, sickness or injury as the case may be, occurred or
was contracted in line of duty
Certificate of Award issued by committee as Physical examination of the
· agency concerned (SAM)
433
11) Water Illumination and Power Service
• Bill/Official Receipts
• Retirement Claims
• Separation Pay
The confidential and intelligence funds shall be utilized for the following purposes:
• National defense, peace and order, intelligence, counter intelligence programs of the
Department of National Defense and related agencies
434
• For specific intelligence and/or confidential operation of the National Government
agencies and government owned or controlled corporations with appropriation for
intelligence and/or confidential funds
• In the case of the national security fund, for undertaking national security missions,
and
• For police investigation and detection activities, policies intelligence and arson
investigation activities. (COA Cir. 88-293 12/12/88
Certified Xerox copy of pre-audited cash advance vouchers
Certified Xerox copy of request for obligation of allotment
Certified Xerox copy of allotment advice
Undertaking of the summary of expense- Form No. 1
Certified Xerox copy of (face of the paid check, reverse side of paid check
indicating endorsement made, itemized list of disbursement)
• Additional documents required to support ordinary disbursements
For incidental expenses such as transportation and entertainment of
assets/informers vouchers shall be supported by receipts, invoices, bill for
board and lodging, itinerary of travel, travel order, ce1tificate of travel
completed, and certificate of appearance
For purchase of supplies and materials and equipment, vouchers shall be
supported by purchase/letter orders, report of canvass, delivery receipts, waste
material report and other pertinent documents
For purchase of information or payment or reward vouchers shall be supported
by documents evidencing receipt of payment
• Statement of Account
• Clippings of the advertisement and notices published
Repairs thru negotiated contracts and public bidding same as by administration and
by contract
Job Order/Contract
Report of Waste Materials
Certificate of Property Officer that equipment belong to or is used by the agency
concerned that repair is necessary through normal wear and tear and not due to the
fault or negligence of an employee or official
Guaranty/Warranty/Certificate of repairman
Pre-repair inspection
Copy of subscription
Evidence of receipt of payment
436
LTO Form42
DISBURSEMENT VOUCHER
Mode of
Payment
D Check Ocash Oothers
- - -·
TIN/Employee No. Obligation Request No.
Payee
Responsibility Center
Office/Unit/Project Code
Address
EXPLANATION AMOUNT
�Certitled .!!.:JCertified
O Allotmem obligated for the purpose as indicated above Funds Available
Position Position
Head, Accounting Unit/Authorized Representative Treasurer/ Authorized Representative
C. jApproved for Payment D. !Received Payment
Check No. Bank Name Date
Signature
Date Signaiure
Printed
Name Printed NamP. Date
437
DISBURSEMENT VOUCHER (DV)
INSTRUCTIONS
A. The DY shall be printed in one whole sheet of 10. Certified (Box A) - certification of the Head
81/2 x 11 size bond paper. This shall be prepared of Accounting Unit or his authorized
in three copies to be distributed as follows: representative as to obligation of allotment
for the purpose as indicated and
Original - Accounting Unit completeness of supporting documents
Duplicate - Cash Unit
Triplicate - Paye e The certifying officer shall affix his
signature, print his name, indicate his
B. The Accounting Unit shall stamp the date of position, and the date of his signing on the
receipt on the face of this form. spaces provided.
C. This form shall be accomplished m the 11. Certified (Box B) - certification by the
following manner: Treasurer or his Authorized Representative
I. DV No. - number assigned to the DY by the on the availability of fund.
Accounting Unit. It shall be numbered as
follows: The certifying officer shall affix his
0000 00 0000 signature, print his name, indicate his
position, and the date of his signing on the
Serial number spaces provided.
�
(on e seri es for each year )
Month 12. Approved for Payment (Box C) - approval
Y ae r by the Agency Head or his Authorized
Representative on the payment covered by
2. Mode of Payment - put a check '111 mark in
11 the DY.
the appropriate box opposite the mode of The approving officer shall affix his
payment signature, print his name, indicate his
3. Payee - name of the payee or creditor position, and the date of his signing on the
4. TIN/Employee No. - Tax Identification spaces provided.
Number (TIN) of the claimant/Identification
Number assigned by the agency to the 13. Received Payment (Box D)
officer/employee acknowledgment by the claimant or his duly
5. Obligation Request No. - Number of the authorized representative for the receipt of
obligation request supporting the DY the check/cash and the date of receipt. The
6. Address - address of the claimant claimant/payee shall affix his signature on
7. Responsibility Center (Office/Unit/Project the spaces provided and shall indicate the
and Code) - the office/unit/project and code number and the date of the check, bank name
assigned to the cost center where the and number and date of OR/other relevant
disbursement shall be charged documents issued to acknowledge the receipt
8. Explanation - brief description of the of payment.
disbursement
9. Amount- amount of claim 14. JEV No. and Date - Number and date of the
Journal Entry Voucher
438
LTO Form 43
GENERAL PAYROLL Sheet ___of __Sheets
LGU
Period
No.:_ __
_ __
_ _
We acknowledge receipt of the sum shown opposite our names as full compensation for services rendered for the perido stated:
DEDUCTIONS
No. N AM E ID No. Position Monthly Allowance Amount Absences Life & Withholding Medicare Pag-ibig Salary No. Net Amount SIGNATURE
Salary Earned wlo pay Retirement Tax Loan Received OF PAYEE
6
7
8
9
·10
CERTIFIED: Services have been duly rendered as stated APPROVED FOR PAYMENT:
CERTIFIED: Funds available in the amount of P- ----- CERTIFIED: Each employee whose name appears above has been
paid the amount indicated opposite his/her name.
.I:,.
w
'D
GENERAL PAYROLL
INSTRUCTIONS
1. This form shall be used for claims for salaries of permanent/regular employees of
national government agencies, local government units as well as government
corporations.
2. The used of this form should indicate on its heading not only the Agency name but
also the name of the office where the claimants/employees are assigned.
3. The shall be numbered as follows:
0 0 ro rooo :
Serial number
( one series per year )
Month of Issue
Year oflssue
Fund
440
LTO Form 44
Sheet of Sheets
Name & Signature of Name & Signature of Approving Officer Name & Signature of Disbursing
.i:,.
.i:,.
DAILY WAGE PAYROLL
INSTRUCTIONS
1. This form shall be used for claims of laborers/casual employees and other daily wage
earners.
2. It shall be accomplished in at least three copies to be distributed as follows:
Original copy - to the Auditor
Disbursing Officer
442
LTO Form 45
CHECK REGISTER
LGU
443
CHECK REGISTER
INSTRUCTIONS
B. Each Disbursing Officer/Accountable Officer shall maintain this record. All transactions for
the day shall be recorded immediately.
444
LTO Form 46
Checks
Date I No.
DVNo. Responsibility Center Payee J
Nature of
Payment I Amount
TOTAL�
Date Date
445
REPORT OF CHECKS ISSUED (RCI)
INSTRUCTIIONS
-11 I
numbered as follows:
00-00-00-0000
: Month
Series (one series ner
Year
Fund
5. Bank Name/Account No. - name of the bank and the account number where the
check is drawn
6. Check No. - number of the check issued covered by the report including the
cancelled ones.
7. Check Date - date of the check issued covered by the report
8. DV Number- number of the reference DV
9. Responsibility Center - code assigned to each cost center
10. Payee- name of the payee
11. Nature ofPayment - nature of claim paid
12. Amount - amount of the check issued
13. Certification - the report shall be certified by the Disbursing Officer on last sheet
of the report.
14. Date- date report was submitted to the Accounting Unit
15. Received by: - name and signature of the designated personnel receiving the
report
16. Date - date of receipt of the report by the Accounting Unit
Additional instructions:
a. The RCI shall be prepared in three copies by the Treasurer's Office daily to be
distributed as follows:
Original - COA Auditor thru the Accounting Unit together with the original
copy of the paid petty cash vouchers/payroll/replenishment of PCF
and supporting documents
2nd copy - Accounting Unit
3rd copy - Treasurer's file
b. One (1) RCI shall be prepared for each bank account and it shall be the basis for
the preparation of Journal Entry Voucher (JEV).
446
LTO Annex 47
447
LT0Form48
PROVINCE/CITY/MUNICIPALITY
Please be informed that the following checks were issued by this Office:
Bank Account Check
Date Payee Amount
Number Number
TOTAL AMOUNT •
Amount in Words
Certified Correct:
Prov./City/Mun. Accountant
(Signature over Printed Name)
Delivered by:
Bank Representative
(Signature over Printed Name)
Accountant's Representative
(Signature over Printed Name) Date Received:
448
LTO Form 49
REPORT OF DISBURSEMENTS
LGU
TOTAL�
Date Date
449
REPORT OF DISBURSEMENTS (RD)
INSTRUCTIONS
II......_____
00- 00-00-00-0000
450
LTO Form 50
Date:
LGU Responsibility Center
PARTICULARS AMOUNT
Itinerary of Travel:
.....
AMOUNT REFUNDED PER 0.R. NO. OTO
AMOUNT TO BE REIMBURSED
Accounting Unit
Date
LIQUIDATION REPORT (LR)
INSTRUCTIONS
-- I
00-00-00-0000
452
LTO Annex 51
Office of the Treasurer 2 Gather duly certified and approved payrolls to be paid out
of cash advance. Prepare DV for cash advance
corresponding to the net amount of payroll/s. Sign Box A of
DV and submit to the Accounting Unit.
Note: Employees/payee shall sign on the received portion CJ{ the payro/1/D V to
acknowledge receipt of payment.
Disbursing Officer 9 If there are unclaimed salaries, return unused cash to the
Treasurer/ Cashier. An official receipt (OR) shall be issued
by the Treasurer/Cashier to acknowledge the return of
unused cash and indicate check no. of cash advance granted
on the face of OR. Record the refund as credit to cash
advance and attach OR to the Cashbook - Cash Advances.
Note: The RD shall serve as the liquidation report of the cash advance
granted to the Disbursing Officer. The RD shall be distributed as
follows:
453
Original - Accountant together with the original of the paid
DVs/Payro/1 and supporting documents
Copy 2-File
454
-
LTO Annex 52
Area of
Responsibility/Pers Seq. Activity
on Responsible
Cash Unit/Cash Staff 1 Receive the approved check, DV and Following Months
Payroll (FMP), sign the logbook of the releasing office, and
forward the documents to the Cashier.
Cash Unit/Cash Staff 2 Deposit the check to the Bank Payroll Account together
with the original of the Summary of Employees Net
Earnings (SENE) received from Accounting Unit. File
temporary copies 1-2 of FMP, copy 2 of the check, and
copies 1-3 of DV for the preparation o RCI.
455
LTOForm 53
LGU Date:
Amount Refunded/
(Reimbursed)
�
Requested by:
__:_J I I Received Refund
Approved by:
B
I Paid by: D
I I I Liquidation Submitted:
Date: Date:
456
PETTY CASH VOUCHER (PCV)
INS TRUCTJONS
-r
A. The fonn shall be accomplished 11. Box B - Cash Received by -
as follows: shall be signed by the recipient
l. LGU - name of the agency of cash.
2.No. number and date
assigned to the PCV by the
Accounting Section/Unit, it 11. To be filled up upon
shall be numbered m the liquidation
T-
following manner:
12. Total Amount Granted - the
00 000
�i;:����;:�:
amount of cash received by the
claimant.
13. Total Amount Paid Per OR No.
n1.onth __ - the total amount paid as
year
shown in the invoice presented .
.._�������Fund
3. Date - date of the preparation 14. Amount Refunded/Reimbursed -
ofPCV. the difference between the total
amount granted less amount
4.Payee/Of.fice & Address -
name/office/ address of payee spent.
requesting for petty cash 15. Box C - the DO shall check the
advance. appropriate box and affix his
5. Responsibility Center - code signature.
of the requesting office as 16. Box D - the payee shall check
assigned by the COA. the appropriate box and affix
his signature.
I. To be filled up upon request
B. Part I shall be filled up upon
6. Particulars - purpose of the request of the petty cash
petty cash advance request. advance and Part II shall be
?.Amount - amount of petty filled up upon liquidation.
cash requested.
8. Box A - Requested by - shall C. The PCV shall be prepared m
be signed by the requestor. two copies distributed as
9. Box A - Approved by - shall follows:
be signed by the Immediate Original - Auditor thru the
Supervisor of the Requestor. Chief Accountant together with
10. Box B - Paid by - shall be the supporting documents
signed by the Disbursing Duplicate - retained by the
Officer (DO). DO for his file
-l.'i7
LTO Form 54
Name of Province/City/Municipality
Period Covered:
----- -
Report No.:______ _
_
Sheet No.:________
Petty Cash
Date Particulars Amount
Voucher
'
CERTIFICATION
458
PETTY CASH REPLENISHMENT REPORT
INSTRUCTIONS
459
LTO Annex 55
Area of
Responsibility/Pers Seq. Activity
on Responsible
Immediate Supervisor 2 Sign Box A "Approved b" portion of the PCV and return to
Requesting Personnel
Requesting Personnel 3 Submit to the Petty Cash Custodian for the release of fund
Petty Cash Custodian 4 Receive from the Requesting Personnel the PCV duly
approved by concerned official
Petty Cash Custodian 5 Upon granting of the petty cash advance, sign in Box B
"Paid by" potion of the PCV
Requesting Personnel 6 Receive petty cash and signs in Box B "Cash Received by"
portion of the PCV
Petty Cash Custodian 8 Record paid PCVs in the CDR. Fill-up the following
columns: date, reference, name of payee, nature of
payment, amount in the credit column and cash advance
balance.
Petty Cash Custodian 9 File the original of the PCV awaiting liquidation
Petty Cash Custodian 1 Receive from Requesting Personnel copy 2 of the PCV
together with supporting documents. Check and review
completeness of documents such as the date, amount and
nature of expenses paid as shown m the suppmting
documents
Petty Cash Custodian 3 Check the appropriate boxes for "Received Refund" of
"Reimbursement Paid" portion and sign Box C of the PCV
Requesting Personnel 4 Check and fill up the appropriate boxes for "Liquidation
Submitted" and "Reimbursement Paid" upon submission of
necessary supporting documents and receipt or
reimbursements of cash, if any, and sign the PCV
Petty Cash Custodian 5 Return copy 2 of the PCY to the Requesting Personnel
Petty Cash Custodian 6 If the amount granted is equal to the amount paid as shown
in the liquidated PCY, proceeds t:> No. 7
Petty Cash Custodian 7 File the original of the PDY together with the supporting
documents awaiting replenishment.
Petty Cash Fund 1 Retrieve from file the original of the PCV together with the
Custodian supporting documents. Check the completeness of all PCVs
for replenishment.
Petty Cash Fund 2 Prepare the Petty Cash Replenishment Report (PCRR) in
Custodian two copies based on PCVs in numerical sequence and fills
up the following columns: date, PCV No. particulars and
amount.
Petty Cash Fund 3 Sign in the "Certified Correct by" portion of the PCRR
Custodian
Petty Cash Fund 4 Based on the PCRR, prepare DY in three copies, and
Custodian forward copies of the DY, original of the PCRR and PCV,
and supporting documents to Authorized Official for review
and signature
Petty Cash Fund 6 Forward Copies 1-3 of the DY, originals of PCRR and
Custodian PCYs and supporting documents to Budget Division for
preparation of the Obligation Request (ObR)
461
LTO Form 56
DVNo.:
DISBURSEMENT VOUCHER
Date:
Barangay City/Municipality:
Tel No. Province:
Payee: Employee No.: Fund:
Address: TIN No.:
Particulars Amount
D. Received Payment:
462
LTO Form 57
Payroll
Period Coverend
Baran gay: City/Municipality: Payroll No.
Te. No. Province:
Compensation Deductions
No: Salaries & BIR Net Signature
Name Position
Wages Honoraria Total withholding Others Total Amount of
Regular Tax Due Recipient
�
':J'
·�.,
PAYROLL
INSTRUCTIONS
u
shall be numbered as.follows: CCA on the existence of
available appropriations for
00 00 0000 the expenses stated
Serial nu1nber 16. Box B - certification by the BT
(one series per year) on the availability of funds
Month of Issue (cash)
Year of Issue
1 7. Box C - certtfication by the
PB on the validity, propriety
3. Barangay-Name of Barangay
4. Telephone Nurnber - tel. no of and legality of the clairn and
approval for payrnent
barangay
5. City/Municipality 18. Bod D - to be signed by the
BT/Disbursing Qfficer
city/rnunicipality where the
barangay is located
6. Province - Province where the
barangay is located B. This fonT1 shall be prepared in
7. No. entry nurnber in the triplicate copies to be
payroll
distributed as follows:
Original - BRK to support
8.
9. Narne - complete name of the
the SCP
2 11d copy-BT
officers/ernployees covered by
3,·d copy - BRK
the payroll
10. Position posltlon of
officer/employees
1 1 . Cornpensation:
• Salaries and Wages -
amount of salaries and
wages due the
employees
• Honoraria amount
corresponding to the
honoraria for the period
• Blank Space - for other
benefits and allowances
due the employees
• Total - total amount of
salaries/honoraria and
other compensation due
for the period.
12. Deductions amount of
deductions from the employees
such as BIR withholding tax,
others
• Total - total amount of
deductions
464
LTO Form 58
PURCHASE ORDER
Barangay City/Municipality:
Tel No. Province:
Supplier: PO No.:
Address: Date:
Mode of Procurement
TIN: Bidding Negotiated Over the Counter
Gentlemen:
Please deliver to this office the following articles subject to the terms and conditions contained herein
Place of Delivery: Delivery Term:
Date of Delivery: Payment Term:
Unit Particulars Quantity Unit Cost Amount
Date
Conforme: Existence of Available Appropriations of
(amount in workds/figures) I
Date Date
465
_I
PURCHASE ORDER
INSTRUCTIONS
A. This form shall be 15. Unit Cost - cost per unit of the
accomplished as follows: supplies/goods ordered
16. Atnount - total a,nount of the
1. Supplier/Address/TIN na,ne goods ordered (quantity
address and TIN ofthe supplier ,nultiplied by unit cost)
2. PO No. - the PO shall be 17. Penalty Clause penalty
u
nutnbered as.follows:: itnposed by the barangay in
case of non-cotnpliance with
00 00 0000 the ter,ns of the PO
Serial number 18. Signed by - signature of the
(one series per year) PB
Month oflssue
... Year of Issue
19. Coefor,ne signature over
printed na,ne of supplier or his
representative signifying his
3. Barangay- Natne of Barangay
approval to the ter,ns set by
4. Telephone JVutnber - tel. no of
the barangay and the date of
barangay
signing
5. City/Municipality
city/,nunicipality where the
20. Existence of Available
barangay is located Appropriation - the atnount of
6. Province - Province where the available appropriation
barangay is located cotntnitted for the purchase.
7. Date - date ofPO preparation This shall be signed by the
CCA
8. Mode of Procure,nent - ,node of
procuretnent used such as public
bidding, negotiated purchase,
B. This form shall be prepared in
trip! icate copies to be
procuretnent service, etc. as
distributed as follows:
provided under RA 9 I 84
Original - Supplier for
9. Place/Date f Delivery - place
and definite date/s of delivery. If confonne to the
not stated, it shall mean the terms of the PO
office of the official making the and attachment to
the DV upon
order and the date shall be seven
request for
days after receipt of the PO by
payment
the supplier
IO. Delivery Term - delivery Term 2n" copy- BT
3'." copy - BRK
i.e. Free on Board (FOB)
destination, FOB shipping point,
etc. In the absence of such term C. In case of negotiated purchase,
it shall mean FO destination the Barangay Secretary shal I
specified indicate the Sangguniang
I I. Payment Term
when the Resolution No. under which the
period required
delivered goods shall be paid SB approved the contract.
and discounts allowed, if any,
such as 2/ I0, n/30
12. Unit - unit of measure of the
supplies (i.e. box, bottle etc.)
13. Particulars - brief description of
the supplies/goods ordered
14. Quantity quantity of goods
ordered
LTO Form 59
PURCHASE REQUEST
Barangay PR No.:
City/Municipality Date:
REQUISITION
Estimated
Item Number Unit of Measurement
Unti Cost
Qty. Item Desciption Estimated Amount
Date Date
467
PURCHASE REQUEST
INSTRUCTIONS
468
LTOForm 60
Check Deductions
Gross
Date DVNo Fund Payee Particulars Witholding Final VAT Net Amount
No. Amount EWT2% EWT1% EVAT1 Others
Tax 5%
Certification: Acknowledgment:
I hereby certify that the foregoing is the complete and correct records I hereby acknowledge receipt of the SCkl complete with carbon
of all checks issued from to . The carbon copies of the copies of all checks issued and originals of all paid DVs/payrolls
checks issued and originals of all paid DVs/payrolls are hereto attached. and supporting documents.
.i,.
°'
'Cl
SUMMARY OF CHECKS ISSUED
INS TRUCTIONS
A. This form shall be
accomplished as follows:
1. Period the inclusive period
covered by the report
2. SCkl No. - the SCkl shall be
numbered as follows:
00 00 0000
Serial number
(one series per yea1·)
Month of Issue
Year of Issue
3. Barangay name of
barangay
4. Barangay Treasurer - name
of designated brgy treasurer
5. Date - date of the check
6.
7. Check No - serial number
of the check. The check
issued including the
cancelled ones shall be
listed in correct nun1erical
sequence
8. DY/Payroll - number of the
DY/Payroll
9. Fund - name of the fun to
which the payment was
charged. Example - GF. CF.
etc.
10. Payee - name of the payee
1 1. particulars brief
description of the nature of
disbursements
12. Gross Amount gross
amount of the claim
13. Deductions - deductions on
the total claim
14. Net Amount - amount of
the check
15. Certification - to be signed
by the BT
16. Acknowledgement - to be
signed by the BRK
3
copy - DBC
rd
470
LTO Form 61
Deductions
Maintenance and Other Operatine Expenses Capital Oullay :rs (See L�t at the Back
Date Salaries& Gross Amount of
Ref.
FE
Particular Payroll Honoraria
2007 Wages Gas,Oil& Telephone Of!'1te Furniture & Ac'.oun'. Amount Checks Issued
Office Supplies Water Electricity Interest Expense I Amount Due to BIR I Others
Lubricants Expenses Equipment fatures Class,ficat'?n
Certific,tion:
I hereby cenify to the correctness of the above data. Records are based
on the SCkl subrnined by the B and that !he carbon fthe checks and all !he
original of!he paid DVs/payroll supporting the entries are in my file
- - -
Barangay Record Keeper Date
.i,.
-....)
CHECK DISBURSEMENT REGISTER
INSTRUCTIONS
lli
00 00 0000 as indicated in the DV
Serial number 1 5. Amount ofchecks - amount of
(one series per year) disbursement per SCkl
Month of Issue
Year of Issue
B. A recapitulation of the "Others"
4. Date- date of DV columns shall be made at the bottom of
preparation the page
5. Barangay - Name �f the C. At the end of the month, the amount
Brgy columns in this Register shall be totaled,
6. Telephone Number - tel. no. balanced and ruled.
ofbarangay D. The register shall be certified and
7. City/Municipality distributed as follows:
city/municipality where the Original - City/Municipal Accountant
baran gay is 1ocated 2 copy - BRK
nd
472
LTO Annex 62
Process Flow on Barangay Disbursement By Check
Area of
Responsibility/Pers Seq. Activity
on Responsible
Barangay Record Prepares Disbursement Vouchers in three copies. Forwards
Keeper the DY together with all supporting documents to the
Barangay Treasurer.
Barangay Treasurer
2 Receives Disbursement Voucher 111 three copies duly
certified in Box A by the Chainnan of Committee on
Appropriation as to availability of appropriations together
with all supporting documents.
10 Prepares the check in the name of the payee for the amount
indicated in the Disbursement Voucher/Payroll
Note 1. The check shall be prepared with a carbon copy, to be
distributed as.follows:
Original- Payee
Carbon copy- attached to Disbursement VouchedPayrol!
473
Area of
Responsibility/Pers Seq. Activity
on Responsible
Barangay Treasurer 14 Receives and releases the check to the payee. Attaches the
carbon copy of the check to the paid Disbursement
Voucher/Payroll
475
LTO Form 63
Certification: Acknowledgment:
I hereby certify that the foregoing is the complete I hereby acknowledge receipt of the certified SCP complete with
and correct records of all cash payments for the the originals of the paid DVs/Payrolls and supporting documents.
period to . The originals of all paid
DVs/payrolls are hereto attached.
..
'-0
t-
"<:f"
SUMMARY OF CASH PAY1\1ENTS
INSTRUCTIONS
A. This form shall be
acco1nplished as -follows:
1. SCP No. - the SCP shall be
u
numbered as follows:
00 00 0000
Serial number
(one series per year)
Month of Issue
Year of Issue
2. Barangay - Name of the
Brgy
3. Telephone Number - tel. no.
o:f barangay
4. City/Municipality
city/rnunicipality where the
barangay is located
5. Province - Province where
the barangay is located
6. Date - date payment was
n1ade
7. DY/Payroll No. - number of
the paid DY/payroll
8. Payee - nmne of the payee
as indicated in the DY or the
first na1ne appearing in the
payroll followed by the
word "et al"
9. Particulars brief
description of the nature of
pay1nents
10. Gross ainount gross
ainount of DY/Payroll
1 1. Withholding Tax - amount
of taxes withheld
12. Net A1nount a1nount
actually paid
1 3. Certification - to be signed
by the BT
14. Acknowledgement - to be
signed by the BRK
3
copy - BRK
rd
477
_,,.
-..)
00
LTO Form 64
Certification :
I hereby certify to the correctness of the above data. Records are based
on the SCP submitted by the AO and that all the originals of the paid DVs/
payroll are all in my file.
INSTRUCTIONS
Lb;
Serial nu1nber the totals shall be carried forward to the
(one series per year)
next sheet. The succeeding sheet shall
Month of Issue
Year of Issue
start with the totals brought forward.
C. Entries in the Register shall be based on
3. Barangay - Name of the the SCP submitted by the BT/Disbursing
Brgy Officer together with original paid
4. Telephone Number - tel. no. DV /Payroll and the SCkl for cash
of barangay advance received.
5. City/Municipality D. At the end of the month, the amount
city/municipality where the column in this Register shall be totaled,
barangay is located balanced and ruled.
6. Province - Province where E. The Register shall be certified and
the barangay is located distributed as follows
7. Page - number assigned to Original - City/Municipal Accountant
the sheet 211c1 copy - BRK
8. Date date of the F. The certified Register shall be submitted
transaction on or before the 5 111 of the following
9. Particulars brief month supported with the certified
description/nature of the SPPVC
disbursement
10. Reference -numbers of DV,
SCP as basis for the entry
11. Payroll fund
• Cash Advances
amount received
• Disbursements
amount disbursed
out of the cash
advance
• Balance the
difference between
the cash advance
and disbursements
rnade
12. Breakdown of Expenditures
• Salaries and Wages
- Regular - amount
paid to re6 ular
employees
479
LTO Form 65
LIQUIDATION REPORT
Barangay City/Municipality: LR No.:
Accountable Officer Province: Date:
Particulars Amount
480
LIQUIDATION REPORT
INSTRUCTIONS
u
numbered asfollows:: 15. Box C Certified - supporting
documents complete - name
00 00 0000 and signature of the BRK and
Serial number date it was signed.
(one series per year)
Month of Issue
... Year of Issue
A. This form shall be prepared in
triplicate copies to be
2. Barangay - Name of the Brgy distributed as follows:
3. Telephone Number - tel. no. of Original - City/Municipal
barangay Treasurer to
4. City/Municipality support the
city/municipality wh�re the liquidation of the
barangay is located cash advance
5. Province - Province where the 2
nd
copy-BT
3
barangay is located
rd
copy - BRK
6. Date - date of LR preparation
7. Particulars - brief description of A. Supporting Documents
expenses incurred and detailed Invoices or OR
amount of expenses covered by
the report, as recapitulated in the B. In Case of cash advance for
CDReg travel, supporting documents
8. Amount detailed payments shall include:
made out of the cash advance Plane/bus/boat tickets or
9. Total Amount Spent total equivalent
payments Boarding pass
I 0. Amount of Cash Advance - Certificate of Appearance
amount of cash received (the
date and number of DV granting C. All advances received shall
the cash advance shall be be fully liquidated before a
indicated) new one shall be granted. Full
1 1. Amount Refunded - amount due accounting shall be made
for refund (amount of cash before a new/additional cash
advance less the total amount advance.
spent). An OR shall be issued for
the refund and such shall be
recorded in the CRDReg.
12. Amount to be reimbursed
when total payment is more than
the amount received, a new DV
shall be prepared for the
reimbursement
13. Box A certified - correctness of
the data - name and signature of
the BT-AO and the date it was
signed
481
LTO Form 66
Area of
Responsibility/Pers Seq. Activity
on Responsible
Barangay Record I Prepares Disbursement Vouchers in three copies. Fotwards
Keeper the DV together with all supporting documents to the
Barangay Treasurer.
Barangay Treasurer
2 Receives Disbursement Voucher m three copies duly
ce1tified in Box A by the Chairman of Committee on
Appropriation as to availability of appropriations together
with all supporting documents.
10 Prepares the check in the name of the payee for the amount
indicated in the Disbursement Voucher/Payroll
Note 1. The check shall be prepared with a carbon copy, to be
distributed asfollows:
Original - Payee
Carbon copy - attached to Disbursement Voucher/Payroll
482
Area of
Responsibility/Pers Seq. Activity
on Responsible
Barangay Record 1 Prepares Disbursement Vouchers in three copies. Forwards
Keeper the DV together with all supporting documents to the
Barangay Treasurer.
Barangay Treasurer
2 Receives Disbursement Voucher m three copies duly
certified in Box- A by the Chairman of Committee on
Appropriation as to availability of appropriations together
with all supporting documents.
10 Prepares the check in the name of the payee for the amount
indicated in the Disbursement Voucher/Payroll
Note 1. The check shall be prepared with a carbon copy, to be
distributed as follows:
Original - Payee
Carbon copy- attached to Disbursement Voucher/Payroll
483
Area of
Responsibility/Pers Seq. Activity
on Responsible
Barangay Record 25 Records all the payments made in the "Disbursement"
Keeper column under the "Payroll Fund" section and show the
"Breakdown of Expenditures".
Note 1. The Cash Disbursement Register shall be prepared in two
copies to be distributed as follows:
Original - City/Municipal Accountant
2"d copy - Barangay Record keeper
484
LTO Form 67
LGU Date:
Barangay City/Municipality:
Petty Cash Cust.: Province:
Amount Refunded/
(Reimbursed)
Requested by:
� �
I I Received Refund
Approved by:
B
I Paid by:
�
I I Liquidation Submitted:
Date: Date:
485
PETTY CASH VOUCHER
INSTRUCTIONS
u
numbered asfo"llo-ws:: his signature.
486
LT0Form68
Certification: Acknowledgment :
I hereby certify that the foregoing is the complete I hereby acknowledge receipt of the certified SPPCVs
and correct records of all payments from the Petty Cash complete with the originals of the paid PCVs and
Fund for period to . The originals of supporting documents.
the paid PCVs and supporting documents are hereto
attached.
"""
00
SUMMARY OF PAID PETTY CASH VOUCHERS
INSTRUCTIONS
A. This form shall be
accomplished as follows:
1. SPPCV No. - the SPPCV
shall be nu1nbered as
follows:
U
00 00 0000
Serial number
(one series per year)
Month of Issue
Year of Issue
2. Page - page number
3. Barangay name of
barangay
4. Barangay treasurer - name
of designated barangay
treasurer
5. City/Municipality
city/municipality where the
barangay is located
6. Province - province where
the barangay is located
7. Date - date the PCV was
paid
8. PCV No. - number of the
paid PCV
9. Payee - name of the payee
10. Particulars brief
description of the nature of
payments
11. Amount - amount paid
12. Certification - to be sign ed
by the PCFC
13. Certification - to be signed
by the PCFC
14. Acknowledgement - to be
signed by the BRK
3
copy - PCFC
rd
488
LTOForm 69
Certification: Acknowledgement:
I hereby certify to the correctness of the above data. Entries are
based on the certified SPPCVs. Original of the unreplenished PCVs are all in my file. I hereby acknowledge receipt of the PCFReg.
�
00
\0
PETTY CASH FUND REGISTER
INSTRUCTIONS
lli
00 00 0000 • Telephone expense
Serial number mobile - amount paid for
(one series per year)
Month of Issue mobile phone
Year of Issue 13 Others - accounts classification -
specific account title and amount -
3. Page - number assigned to amount paid
the sheet B. A recapitulation of "others" column shall
4. Barangay name of be made at the bottom of the page
barangay C. Enrtries in the PCFReg shall be based on
5. Telephone number the SPPCV together with the original paid
telephone number of PCVs and its supporting docl.,lments
barangay D. In cases where more than one sheet shall
6. City/Municipality be utilized, each sheet shall be totaled and
city/municipality where the the totals shall be carried forward to the
barangay is located next sheet. The succeeding sheet shall start
7. Province - province where with the totals brought forward.
the barangay is located E. At the end of the month, the amount
8. Date - date of the PCV and columns in the Register shall be totaled,
replenishment balanced and ruled
9. Reference number of F. The registers shall be certified and
SPPCV/SCkl distributed as follows:
10. Particulars details or Original - City/Municipal Accountant
nature of transactions
nd
2 copy - PCFC
11. Petty Cash Fund 3 rd copy- BRK
• Receipts - amount G. The certified Register shall be submitted
of PCF to the City/Municipality Accountant on or
established/replenis before the 5 of the following month
th
490
LTO Annex 70
Area of
Responsibility/Pers Seq. Activity
on Responsible
491
Area of
Responsibility/Pers Seq. Activity
on Responsible
Barangay Treasurer 12 Prepares the check in the name of the payee for the amount
indicated in the Disbursement Voucher/Payroll
Note I. The check shall be prepared with a carbon copy, . tq · be
distributed as follows:
Original - Payee
Carbon copy - attached to Disbursement Voucher/Payroll
Requesting 18 Prepares the Petty Cash Voucher and signs the requested by
Official/Staff portion of Box A
Note 2. The Petty Cash Vouchers shall be prepared in two copies to be
distributed as follows:
Original - to support the Summary of Paid Petty Cash Vouchers
2"" copy - Requesting Official
492
Area of
Responsibility/Pers Seq. Activity
on Responsible
Requesting 25 Submits to the Petty Cash Fund Custodian the
Official/Staff Invoice/Official Receipt and other evidence supporting the
disbursement
Petty Cash Fund
Custodian 26 Retrieves documents and other evidence of
payments/disbursements
3rd
copy - Petty Cash Fund Custodian
...
Inspection Acceptance
494
INSPECTION AND ACCEPTANCE REPORT
INSTRUCTIONS
u
numbered as follows: receipt shall also be indicated
4
copy- BT
th
495
LTO Form 72
Barangay
Re·auisitio n lssuan ce
Stock.No. Unit Descriotion Ouantitv Quantity Remarks
Purpose:
496
REQUISITION AND ISSUE SLIP
INSTRUCTIONS
11. Purpose - brief explanation f
A. This form shall be the purpose of the requisition
accomplished as follows: 12. Requested by- sign ature,
name and desi gn ation of the
1. RIS No. - the RIS shall be person who requested the item
u
numbered as follows: and date of request
13. Approved for Issuance
00 00 0000 by - signature, name and
Serial nun:1ber
(one series per year) designation of the person
Month oflssue who approved the
Year of Issue
issuance and date of
2. Date - date of the preparation of approval of PB
RIS 14. Received by- signature, name
3. SAI No. -control number of and design adon of the person
SAI who received the item and
4. Date - date of preparation of date of receipt
SAI 15. Issued by- signature, name
5. Barangay- name of barangay and design ation of the official
6. Telephone Number - tel. no. of who issued the item
Barangay requisitioned and date of issue
7. City/Municipality
city/municipality where the B. This form shall be used to
baran gay is I ocated request for
8. Province - province where the goods/supplies/property
barangay is located needed
9. Requisition c. This form shall be prepared
• Unit unit of in three copies to be
measure1nent of the distribµted as follows:
stock being
requisitioned such as Original- BRK to support
ream, box, etc. the PO or the
• Particulars - description
211d copy-BT
issuance
of the item being 3
requisitioned
rd
copy - BRK
• Quantity
number/quantity of the
stock being
requisitioned
• Stock No. - no of the
item being
requisitioned
• Description brief
description of the ite1n
requisitioned
10. Issuance
• Quantity - actual
quantity issued/status
of stock
• Re1narks - co1nments,
if any
497
LTOForm 73
. .. ,
I Date Date
498
LTOForm 74
"
Received by:
I Date Date
499
LTO Form 75
Checks
Drawee Number Date Amount
B. Accountable Forms
Quantity Name of Forms Inclusive Serial Nos.
From To
C. Proper!�
Quantity Unit Description Property No.
D. Documents
500
TRANSFER OF MONEY AND PROPERTY ACCOUNTABILITY
INSTRUCTIONS
A. This form shall be • Description brief
accomplished as follows: description of the
PPE being
1. Money: transferred/received
Cash • Property No.
• No. of pieces - quantity assigned property
• Denomination number of the PPE
example: P 1,000, PSOO,
etc. 4. Documents lists of all
• Amount - no o pieces docu1nents under the custody
multiplied by the of AO
denomination 5. Transferred by - certification
• Total - total amount of of the outgoing AO on the
cash surrender of the money,
Checks property, accountable fonns
• Drawee Bank - name and documents under his
of the drawee bank custodianship
• Number check 6. Received by
number acknowledgen1.ent of the
• Date date of the Inco1ning barangay official on
check the receipt of the money,
• Amount - a1nount of property, accountable forms
and docun1ents surrendered by
the check
• Total - total amount of
7.
the outgoing AO
Witnessed by - to be signed
the checks listed
2. Accountable forms by the Barangay Official who
• Quantity - quantity of
8.
witnessed the turnover
Approved by - to be approved
for1ns
by the PB. In case the PB is
• N·ame of forms - name the AO, the transfer shall be
of accountable forms approved by the
under his custody Ciy/Municipal Mayor
• Inclusive Serial Nos.
the beginning balance B. The TMP A shall be prepared
and ending serial in four copes every ti me an
numbers accountable officer ceases to
3. Property: be one to be distributed as
• Quantity - number of follows:
pieces/units of PPE Original - Incoming
• Unit unit of Barangay Official
n1.easure1nent 2 nd
copy-BT
3 rd
copy - Outgoing
Barangay Official
4'h copy - COA
501
LTO Form 76
Baranoav
Place of Storage Date:
ITEM FOR DISPOSAL
RECORDS OF SALES
IT EM QTY. DESCRIPTION
ORNO. AMOUNT
CERTIFICATE OF INSPECTION
I hereby certify that the property enumerated above were disposed of as follows:
Item Destroyed
Item Sold at private sale
Item Sold at public auction
Item Transferred without cost to
502
WASTE MATERIAL REPORT
INSTRUCTIONS
A. This form shall be 3. Witness to disposition - name
accomplished as follovvs: and signature of tp.e person
1. Barangay name of .the authorized to witness the
barangay disposition of the vvaste property..
2. Place of Storage exact
location of the items for C. This report shall be prepared in
disposal three copies to be distributed as
3. Date - date of the preparation follovvs:
of the report Original - Incoming
4. Item - entry number in the Barangay Official.
report 2nd copy-BT
3
5. Quantity - number of items copy - Outgoing
rd
503
LTO Form 77
SUPPLIES LOGBOOK
Q ty Issuance
Date Reference Description Balance
Received Qty Received b·
'
504
SUPPLIES LOGBOOK
INSTRUCTIONS
A. This form shall be
accomplished as follows:
1. Date - date of entry
2. Reference - document used
as a basis in recording the
receipt or issuance of
supplies and materials
3. Description - description of
the item being received (i.e.
type, brand etc.)
4. Quantity Received � actual
quantity received
5. Issuance
• Quantity - actual
quantity received
• Received by
signature, name
and description of
the person who
received the item
and date of receipt
6. Balance (Qty) - Running
balance of the quantity of
supplies on stock
505
LTO Annex 78
3rd
copy - Requisitioner
507
Area of
Responsibility/Pers Seq. Activity
on Responsible
B Issuance of small items with serviceable life of more
than one year
Barangay Treasurer 35 Prepares the Inventory Custodian Slip (JCS) for the
issuance of small items
Note I. The JCS shall be prepared in three copies to be
distributed as follows:
Original - Barangay Treasurer
2nd copy - Barangay Record Keeper
3rd copy- recipient or user of the small item
Barangay Treasurer 40 Signs the issued by po1iion of the ICS. Files the original
and 211d copy and forwards the 3rd cop to the requisitioner.
Area of
Responsibility/Pers Seq. Activity
on Responsible
Barangay Treasurer 48 Retrieves copy of Inspection and Acceptance Report (JAR)
and invoices from file
509
LTO Annex 79
Requ1s1t1on, ssuance and Deliverv of Property and Equipment
Area of
Responsibility/Person Seq. Activity
Responsible
Requisitioner 1 Prepares the Requisition and Issue Slip (RIS) by filling out
information in the Requisition portion
Note 1. The RIS shall be prepared in three copies to be
distributed as follows:
Original - Barangay Treasurer
2 copy- Barangay Record Keeper
nd
3rd
copy- Requisitioner
2 Signs the Requested by portion
33 Furnishes the requisitioner the 3rd copy of the PAR for his
file
512
Area of
Responsibility/Pers Seq. Activity
on Responsible
Barangay Record 43 Retrieves copies of the Inspection and Acceptance Report
Keeper (IAR) and invoices from file
Area of
Responsibility/Pers Seq. Activity
on Responsible
Barangay Record 57 Retrieves the Property Acknowledgement Receipt (PAR)
Keeper submitted by the Barangay Treasurer
c Disposal of PPE
Barangay Record Unserviceable Property
Keeper 60 Records all unserviceable property and returned small
tangible items in the "inventory" section of the Inventory
and Inspection Report of Unserviceable Property (IIRUP)
Note 1. The IIRUP shall be prepared in three copies to be
distributed as follows:
Original City/Municipal Accountant
2 copy- Inspection Team
nd
3rd
copy- Barangay Record Keeper
516
LTO Annex 80
Reporting the Physical Count of PPE
Area of
Responsibility/Pers Seq. Activity
on Responsible
Barangay 1 Requests the Barangay Record Keeper for copies of the
Treasurer/Inventory Property, Plant and Equipment Register and Report on the
Team Physical Count of PPE (PRCPPE)
Barangay Record 5 Receives the RPCPPE and reconciles details with the
Keeper Property, Plant and Equipment Register
Punong Barangay 11 Approves the RPCPPE signs in Box C and returns it back to
the Inventory Team
517
Area of
Responsibility/Pers Seq. Activity
on Responsible
Barangay 12 Certifies the Report on the Physical Count of PPE
Treasurer/Inventory (RPCPPE) and forwards the original and 2"d copy to the
Team Barangay Record Keeper. Retains 3 rd copy for file
518
LTO Form 81
Particulars Jan Feb Mar Apr Mav Jun Jul Aug Sep Oct Nov Dec Total
Cash Flows from Operating Activities
Cash Inflows
Collection from taxpayers
Share from Internal Revenue Collections
Receipts from sale of goods or services
Interest Income
Other Receipts
Cash Outflows
Payments for Personnel Services
Payment for Miscellaneous and Other Operating Expenses
Payment for Capital Outlays
Other Expenses
Prepared by Approved by
INSTRUCTIONS
l. The Cash Flow Forecast (CFF) shall be prepared for the whole year.
2. Cash Flow From Operating Activities - Pertains to the receipts (inflow) and disbursement
(outflow) of cash out of the primary/regular operations of the Local Government Units,
e.g. Collection of taxes, share from IRA, payments to creditors, employees, payment of
interests.
3. Net Cash From Investing Activities - Pertains to the difference between receipts (inflows)
and disbursement (outflows) from investing activities such as sale/purchase of PPE.
4. .Net Increase in Cash - Refers to the overall cash effect of the various activities of the
LGU (Inflows-Outflows). If the cash inflow is greater than the cash outflow, there is an
increase in cash, vice versa.
5. Cash at the Beginning of the Period - This pertains to the ending cash balance of the
preceding year carried over to the current year.
6. Cash at the End of the Period - This is equal to the sum of the net increase in cash and the
beginning cash. This becomes the beginning balance of the succeeding month.
520
------�-
LTO Form 82
CASH RECEIPTS FORECAST
r
For FY--------------------- -----
Particulars .Jan Feb Mar Apr May .Jun .Jul Aua Sep Oct Nov Dec Total
Cash Flows from Operating Activities
Cash Inflows
Collection from taxpayers
Share from Internal Revenue Collections
Receipts from sale of goods or services
Interest Income
Other Receipts
Prepared by
v,
N
���������-.
CASH RECEIPTS FORECAST
INSTRUCTIONS
1. The Cash Receipts Forecast (CRF) shall be prepared for the whole year.
2. Cash Inflow from Operating Activities -This pertains to the inflow of cash out of the
primary/regular operations of the LGUs e.g. collection of taxes, share from the IRA<
receipt from the sale ofgoods or services.
3. Cash Inflow from Investing Activities - Pertains to inflow of cash from the sale
(issuance) or purchase oflong term investments. For example e.g. sale ofreal estate.
4. Cash Inflow from Financing Activities -This includes receipts or inflows of cash out
ofthe borrowings/loans ofthe LGU e.g. issuance ofdebt securities, loan.
5. Cash Receipts This Month-This is the total ofall cash inflows for the current mor.th.
6. Cash Receipts Previous Month -This is the total of all cash inflows for the previous
month.
7. Total Cash Receipts as of this Month -Total of cash inflows beginning of the year to
current month.
522
LTO Form 83
L<3U:- - ------------------ - - -----�
CASH DISBURSEMENT FORECAST
For FY- - - ----------------- - - -
-
r
Particulars .Jan Feb Mar Aor Mav .Jun .Jul AUQ Seo Oct Nov Dec Total
Cash Outflows from Operating Activities
Payments for Personnel Servicies
Payments for Maintenance and Other Operating Expenses
Payments for Capital Outlay
Payment for Other Expenses
Prepared by
v,
N
(.;.)
CASH DISBURSEMENT FORECAST
INSTRUCTIONS
1. The Cash Disbursement Forecast (CDF) shall be prepared for the whole year.
2. Cash Outflow from Operating Activities - Pertains to the disbursement (outflow) of cash
out of the primary/regular operations of the Local Government Units e.g. payments to
creditors, employees, interest payments.
3. Cash Outflow from Investing Activities - Pertains to disbursement (outflow) of cash from
the purchase (acquisition) of long term investments.
4. Cash Outflow from Financing Activities- Pertains to the disbursement (outflow) of cash
out of the LGUs borrowing.
5. Cash Disbursement This Month- total cash outflow for the current month.
6. Cash Disbursement Previous Month- total cash outflow for the previous month.
7. Total Cash Disbursement As of This Month- total cash outflow from beginning of the
year up to current month.
524
-
LTO Form 84
LGU:����� � � ���=-:-�---,�---,-�,--- ��� � � � � �
� �
r
Cash Flow Analysis
Prepared by
Vl
N
Vl
Instructions in Accomplishing LBE Form
Column 3 - Indicate the cumulative cash flow of the previous and current month cash
Flow.
Column 4 - Indicate here the projected cash flow for the month.
Column 5 - Indicate in this column the difference between column 3 and column 4.
Column 6 - Indicate here the adjusted annual estimate by increasing on reducing the estimated
annual amount with to-date variance. The estimated annual amount is 10 and the variance
between the year to date and forecast to date is + 15 then the adjusted is 15, however, if the annual
if the assigned is -5 the adjusted estimate annual is 5.
Column 7 - Indicate in this column the original forecast for the year.
Column 8 Determine the variance between the adjusted estimate annual and the original forecast
by subtracting column 7 and column 6.
526
LTO Form 85
r
Present Value of an Annuity of 1 to be Received for n Year -----1)
Years 1% 8% 10% 12% 14% 15% 16% 18% 20% 22% 24% 25%
1 .990 .926 .909 .893 .877 .870 .862 .847 .833 .820 .806 .800
2 1.970 1.783 1.736 1.690 1.6347 1.626 1.605 1.566 1.528 1.492 1.457 1.440
3 2.941 2.577 2.487 2.402 2.322 2.283 2.246 2.174 2.106 2.042 1.981 1.952
4 3.902 3.312 3.170 3.037 2.914 2.855 2.798 2.690 2.589 2.494 2.404 2.362
5 4.853 3.993 3.791 3.605 3.433 3.352 3.274 3.127 2.991 2.864 2.745 2.689
6 5.795 4.623 4.355 4.111 3.889 3.784 3.685 3.498 3.326 3.167 3.020 2.951
7 6.728 5,206 4.868 4.564 4.288 4.160 4.039 3.812 3.605 3.416 3.242 3.161
8 7.652 5.747 5.335 4.968 4.639 4.487 4.344 4.078 3.837 3.619 3.421 3.329
9 8.566 6.247 5.759 5.328 4.946 4.772 4.607 4.303 4.031 3.786 3.566 3.464
10 9.471 6.710 6.145 5.650 5.216 5.019 4.833 4.494 4.192 3.923 3.682 3.572
11 10.368 7.139 6.495 5.941 5.453 5.234 5.029 4.656 4.327 4.035 3.776 3.656
12 11.255 7.536 6.814 6.194 5.66 5.421 5.197 4.793 4.439 4.127 3.851 3.725
13 12.134 7.904 7.103 6.424 5.842 5.583 5.342 4.91 4.533 4.203 3.912 3.78
14 13.004 8.242 7.367 6.628 6.002 5.724 5.468 5.008 4.611 4.265 3.962 3.824
15 13.865 8.559 7.606 6.811 6.142 5.847 5.575 5.092 4.675 4.315 4.001 3.859
16 14.718 8.851 7.824 6.974 6.265 5.954 5.669 5.162 4.73 4.357 4.031 3.887
17 15.562 9.372 8.022 7.12 6.373 6.047 5.749 5.222 4.775 4.391 4.059 3.91
18 16.395 9.372 8.201 7.25 6.467 6.128 5.818 5.273 4.812 4.419 4.08 3.928
19 17.226 9.604 8.365 7.366 6.55 6.198 5.877 5.316 4.844 4.442 4.097 3.942
20 18.046 9.818 8.514 7.469 6.623 6.259 5.929 5.353 4.87 4.46 4.11 3.954
21 13.857 10.017 8.649 7.562 6.687 6.312 5.973 5.384 4.891 4.476 4.121 3.963
22 19.66 10.201 8.772 7.645 6.743 6.359 6.011 5.41 4.909 4.488 4.13 3.97
23 20.456 10.371 8.883 7.718 6.792 6.399 6.044 5.432 4.925 4.499 4.137 3.976
24 21.243 10.529 8.985 7.784 6.835 6.434 6.073 5.451 4.937 4.507 4.143 3.981
25 22.023 10.675 9.077 7.843 6.873 6.464 6.097 5.467 4.948 4.514 5.147 3.985
v.
LTO Form 86
I. Depository Accounts
Amount Total
A. Cash in Treasury or Cash in Vault
General Fund
Trust Fund
Special Fund
B. Cash in Banks:
General Fund Acct. No.
Trust Fund Acct. NO.---
SEF Acct. NO. - - - - -
B. Treasury Bills.
Date of Placement Term I Rate Maturity
C. Stocks Certificates
Name of Stock Certificate No. No. of Shares Amount
528
Blank Unissued Checks Serial Number
Acct. No. Gen. Fund-LBP
Acct. No. Gen. Fund-LBP
Acct. No. Gen. Fund-Other Banks
Acct. No. Trust Fund-LBP
Acct. No. Trust Fund-PNB
Acct. No. Trust Fund-Other Banks
Acct. No. SEF-LBP
Acct. No. SEF-PNB
Acct. No. SEF-Other Banks
IV. Others
1. Property (Refer to Acknowledgement Receipt for Equipment - (ARE)
2. Duplicate Combinations of Accountable Officer's Safe
3. Outstanding Checks
Check No./Date Payee Amount
CERTIFICATION
I herebey certify that I have this day I hereby certify that I have this day of
of transferred to my successor ______ actually received from my
Mr./Mrs. , the items predecessor, Mr./Mrs. ________ _ _
described above, as of________ all the items described above, as of _ ____
the date of the transfer of accountability. the date of transfer of acountability, except____
Date Date
Verified Correct:
Witnessed by:
COA Representative
BLGF/RO/PTO Representative
529
LTO Annex 87
A. Basic Concepts
Control in general is the process of exercising or directing influence over the activities of an
object, organism or a system. The goal of control is to prevent losses to the organization arising
from the different hazards in government business operations.
• Preventive Controls - are designed to prevent the adverse actions or risk from
occurring
• Detective Controls - are designed to detect an error or adverse event after it occurs but
within a reasonable time to permit correction and through awareness of the problem,
help prevents other errors from occurring.
• Corrective Controls - are designed to identify a problem and bring it to management's
attention for resolution and correction.
The term internal controls, on the other hand, refer to "an organization's whole system or network
of methods, procedures, and plans which govern its activities to accomplish its goals and
objectives. "Such system is generally !mown as the Internal Control System or Structure (ICS).
Financial Controls or the accounting controls, relate to those methods and procedures used to
produce accurate records and safeguard assets. They should be designed to ensure that:
• Specified individuals are held accountable for transactions under their control
• Accounting records are accurately and reliably maintained
• There is adequate segregation of record keeping duties from custodianship of the
agency's authorized
• There is adequate segregation of incompatible duties and
• There are adequate checking and reconciling procedures
530
It is this aspect of accountability that a public manager has a mechanism ensuring to discharge
their responsibilities as required.
Program Controls are put in place to ensure that the programs/projects of the government
agency achieve their goals and objectives. The controls should be able to ensure the
following:
Budget Controls - are established to ensure that funds are properly allocated and utilized
solely for the purpose for which they have been appropriated. Specifically, the system of
budgetary controls shall:
Management Controls - have been broadly defined as "a process effected by management and
other personnel designed to provide reasonable assurance regarding the achievement of
objectives" with the following objectives:
• To keep the organization on course toward achievement of its mission, goals and
objectives while minimizing surprises along the way
• To enable management to cope with rapidly changing economic and political
environment, shifting service demands and priorities and the inevitable organizations
restructuring that accompanies them, and
• To promote efficiency, reduce risk or resource loss, increase reliability of management
data, and ensure compliance with laws, and regulations
--- 531
JCS policies and procedures are designed to safeguard the accuracy and reliability of the
information by preventing and detecting e1rnrs on a timely basis. Management needs
accurate information for catTying out the operation since reliable information is used in
making critical management decisions.
ICS policies and procedures are designed to prevent and detect loss of assets and records
on a timely basis. The physical assets of the agency can be stolen, misused or accidentally
destroyed. The same is true with non-physical assets such as accounts receivable ledger,
accountable forms and financial records.
TCS policies and procedures are meant to prevent unnecessary duplication of effort,
protect against waste in all aspects of operation and discourage of inefficient use of
resources.
!CS policies and procedures are meant to provide reasonable assurance that those
procedures and rules are adhered to by the agency personnel. The concept of reasonable
assurance recognizes that the cost of agency's internal control structure should not exceed
the benefits that are expected t be derived.
General Standards
I. Personnel Competence - Officers and employees should posses technical competence and
professional integrity commensurate with their assigned responsibilities
2. Control Techniques - Internal control techniques are to be designed for and operated in all
agency activities to accomplished the control objectives consistently, efficiently and
effectively
3. Reasonable assurance and cost - Internal control systems are to provide reasonable
assurance that the objectives of the systems will be accomplished at a reasonable cost.
Specific Standards
I. Documentation - the agency's ICS, policies, procedures, accountability for resources and
all financial transactions shall be clearly documented and adequately suppo1ted.
2. Recording of transactions and events - financial transactions and events shall be promptly
recorded in accordance with state accounting standards
3. Authorization and execution of transactions - all transactions shall be executed by persons
acting within the scope of their authority
532
4. Segregation of duties and functions - Key duties and functions such as authorization,
custody and accounting shall be assigned to separate offices and individuals to eliminate
opportunities to conceal errors and irregularities
5. Supervision Scheme - Qualified and continuous supervision of subordinates shall be
provided to assure adherence to approved policies and procedures
6. Physical control and access to agency resources - Tangible assets and records should be
physically safeguarded. Access to these records, both direct physical access through
document processing, shall be in accordance with management's authorization.
7. Asset Accountability - Accountability for the custody and use of an asset is to be assigned
and maintained and periodic comparison shall be made of the existing assets with the
recorded accountability and appropriate action taken on any differences.
8. Built in checks - proofs of accuracy and documented trail of transactions are f eatures that
should be built into the execution and recording of transactions to assure their correctness.
9. Presence of appraisal activity - Reviews of transactions and internal control shall be
performed on an on-going basis for proper monitoring of adherence to prescribed policies
and procedures
l 0. Prompt resolution of audit findings - Officers shall promptly evaluate findings and
recommendations reported by auditors, determine proper actions in response to audit
findings and recommendations, and complete within established time frames all actions
that cotTect or otherwise resolve the matters to management's attention.
l. Internal control must be attained at reasonable cost. Some necessary controls maybe
sacrificed to avoid additional costs in terms of personnel, time and materials,
2. Good internal control methods and measures are not foolproof. They are vulnerable to
collusion.
3. Strong internal controls are still subject to human fallibility such as negligence, erTOrs in
judgment and lack of complete understanding;
4. Organizational changes may render internal control systems and manuals obsolete, and
5. The degree of compliance with internal control systems strongly influences their
effectiveness.
1. Misunderstanding of instructions
2. Mistakes in judgment
3. Personal carelessness
4. Distraction, personal problems or fatigue on the part of the person responsible for
performing a control procedure
5. Collusion among individuals, circumventing control procedures whose effectiveness
depends on segregation of duties, and
6. Management override of certain control policies and procedures
G. Control Environment
This sets the tone of the organization and is the foundation for all other components of controls.
The control environment includes the following
• Integrity
• Ethical Values
--- 533
• Competence of the entity's people
• Management philosophy and operating cycle
• The way management assigns authority and responsibility
• The way management organizes and develop its people, and
• Attention and direction provided by senior management.
Some criteria in assessing whether or not the agency has put in place the
foregoing factors
H. Risk Assessment
534
More dispersed - higher risk
• Degree of regulation
• There should be a clear set of operational objectives with appropriately linked sub
objectives
• The significant internal and external risks faced by the agency in the achievement of
its objectives should be identified and assessed
• Objectives and related plans should include measurable performance targets, and
• External and internal environment should be monitored to obtain information that may
signal a need to re-evaluate the objectives and/or controls.
I. Control Activities
These are the policies and procedures that help ensure that management actions identified to
assess risks are carried out. They help to ensure that necessary actions are taken to address risks.
They include measures to motivate staff as well as traditional financial, administrative and
procedural controls.
Are integral part of an entity's planning, implementing, reviewing and accountability for
stewardship of government resources and achieving effective results.
V - Validity
A - Authorization
535
C - Completeness
A-Accuracy
Management should track major agency achievements and compare these to the plans,
goals and objectives established by the agency
Management should consider human capital as an asset rather than costs. Operational
success is possible only when the right personnel for the job are on board and are provided
with the right training, tools, structure, incentives, and responsibilities. Performance
evaluation and feedback, supplemented by an effective reward system, should be designed
to help employees understand the connection between their performance and the
organization's success. Management should also consider how best to retain valuable
employees, plan for their eventual succession, and ensure continuity of needed skills and
abilities.
Management should establish physical control to secure and safeguard vulnerable assets.
These include security for and limited access to assets such as cash securities, inventories,
and equipment, which might be vulnerable to risk of loss or unauthorized use. It is also
important that these assets should periodically be counted and compared to control records
This control calls for comparisons and assessments relating difference sets of data to one
another so that analyses of the relationships can be made and appropriate actions taken. It
536
also aims to validate the propriety and integrity of both organization and individual
performance measures and indicators.
• Segregation of duties
Key duties and responsibilities need to be divided or segregated among different people to
reduce the risk of error or fraud. This includes separating the responsibilities for
authorizing transactions, processing and recording them, reviewing the transactions, and
handling any related assets.
Transactions and other significant events should be authorized and executed only by
persons acting within the scope of their authority. This is the principal means of assuring
that only valid transactions to exchange, transfer, use or commit resources and other
events are initiated or entered into. Authorizations should be clearly communicated to
managers and employees.
Internal control and all transactions and other significant events need to be clearly
documented, and the documentation should be readily available for examination. The
documentation should appear in management directives, administrative policies, or
operating manuals and may be in paper or electronic form. All documentations and
records should be properly managed and maintained.
• Policies designed to support the achievement of objectives and the management of its risks
should be established communicated and practiced so that people understand what 1s
expected of them and the scope of their freedom to act
• The decisions and actions of different units of the agency should be coordinated, and
• Control activities should be designed as an integral part of the agency taking into
consideration its objectives; the risks of their achievements and inter-relatedness of control
elements
537
J. Information and Communication
This component spans across all the other components of internal controls. These two elements
are related where information must be communicated up and down through the agency m a
manner and time frame that allow people to carry put their various responsibilities.
Information and communication processes consist of the methods and records established to
record, process, summarize and report agency's data. They are used to identify the significant
classes of transactions and how they are initiated, processes, controlled, and reported.
• Strategic and integrated system - By strategic means that management should consider the
planning, design and implementation of the information system as part of its overall
agency strategy. On the other hand, it should ensure that the automated information
systems is integrated with the other operations.
• Quality of information - this pertains to the appropriateness, timeliness and availability,
correctness and accessibility of the information
• Existence of appropriate channels of communication including interested parties outside
the agency
• Communication process should support agency's values and the achievement of its
objectives
• Sufficient and relevant information should be identified and communicated in a timely
manner to enable people to perform their assigned responsibilities
• Plans to guide efforts in achieving objectives should be established and communicated,
and
• Information needs and related information system should be reassessed as objectives
change or as reporting deficiencies are identified.
K. Monitoring
This is the process put in place to assess the effectiveness of established internal control
components and to make corrective action when appropriate. Although this is a function of the
internal audit function of the agency, management has a responsibility to establish a variety of
monitoring activities to measure the effectiveness of its internal controls.
Internal control should generally be designed to assure that ongoing monitoring occurs in the
course of normal operations.
538
In includes regular management and supervisory activities, comparisons, reconciliation and other
actions people take in performing their duties.
Monitoring of internal control should include policies and procedures for ensunng that the
findings of audits and other reviews are promptly resolved.
• Promptly evaluate findings from audits and other reviews including those showing
deficiencies and recommendations reported by auditors and others who evaluate agency's
operations
• Determine proper actions in response to findings and recommendations from audits and
reviews
• Complete, within established timeframes, all actions that correct or otherwise resolve the
matters brought to management's attention
Elements of Monitoring
• Performance should be monitored against the targets and indicators identified m the
agency objectives and plans
• The assumptions behind the agency objectives should be periodically challenged
• Follow-up procedures should be established and performed to ensure appropriate change
action occurs, and
• Management should periodically assess the effectiveness of controls and communicate the
results to which it is accountable.
l. Evaluation of ICS
The management of any organizations, be it private or public, has the responsibility in installing
the agency internal controls. Management must also evaluate internal controls to "provide a
framework for reviewing operating procedures". In evaluating internal controls, management may
be able to identify procedural problems that underlie perceived symptoms of
inefficiencies/deficiencies and abuses.
The auditors, on the other hand, evaluate internal controls as a compliance with generally
accepted auditing standards to enable him/her to focus the audit on risk areas.
• Organizational unit(s)
• Financial statement accounts, and
• Cycle/Process/System.
539
LTO Form 88
FC YES/NO
QUESTION NAIRES REF. ORN/A REMARKS
NO
CONTROL ENVIRONMENT
540
FC
QUESTIONNAIRES REF. YES/NO REMARKS
NO ORN/A
• Annual vacations for alI staff?
• Obtaining background or reference for
new staff?
• Training programs for employees?
• Rotation of employees?
9. Does the agency maintain files of names and
specimen signatures or initials of all persons
authorized to approve transactions?
10. Does the agency have clearly defined
requirements for the authorization and
executing of significant contracts and other
agreements not in the ordinary course of
business?
11. Does the agency keep minutes of the
meetings of the stockholders/board of
directors/committees to record the decisions
made in such meetings?
12. Does the agency require regular monitoring
or review of compliance with the
requirements of loan contracts, trust
agreements, and similar contracts by
designated officials?
13. Do related employees, if any, have job
assignments that minimize the likelihood of
collusion?
14. Does the agency employ security measures
to check persons and vehicles coming in and
out of its compound of premises?
15. Does the agency's system, physical layout
and office routine provide for the proper
safekeeping or safeguarding (e.g. through the
use of safes, vaults, locked cabinets,
restricted areas, etc.) of the following:
• Assets that are easy to pilfer (e.g. cash on
hand, inventories and certain property,
plant and equipment)
• Documents of title or of ownership of
investments (e.g. Certificates of Land
Titles, stock certificates, bonds, interest,
coupon, notes receivables)
• Unused critical forms (e.g. purchase
orders, receiving report, debit/credit
memo, etc.)
• Company records when they are not in
use (e.g. general ledger, general and
special journal/registers, subsidiary
records for accounts receivable, account
payables, inventories, property, plant and
equipment, securities, etc.)
541
FC
QUESTIONNAIRES REF. YES/NO REMARKS
NO ORN/A
D. Competence of People
I. Do existing policies and procedures result in
recruiting and developing competent and
trustworthy people necessary to support an
effective internal control structure?
2. Do the personnel understand the duties and
procedures applicable to their jobs?
3. Is the turnover of personnel in key positions
at an acceptable level?
4. Do they undergo relevant training?
542
FC
QUESTIONNAIRES REF. YES/NO REMARKS
NO ORN/A
5. Is there proper supervision of less
experienced staff?
6. Are the mission, goals, and objectives of the
organization made clear to them?
7. Are manuals of operations made available to
them?
E. MONITORING
I. Is there an internal audit unit?
• Does it regularly assess the effectiveness
of internal controls?
2. If there 1s not internal audit unit, who
evaluates the effectiveness of the controls?
F. CONTROL ACTIVITIES
Specific policies
1. Do specific authorization procedures exist
where transactions can only be examined on
an individual basis?
• Are bad debts written off only after
proper authorization?
543
FC
QUESTIONNAIRES REF. YES/NO REMARKS
NO ORN/A
I. Independent internal checks
l. Are independent checks carried out on the
following account balances?
• Bank
• Account receivable
• Inventory
• Non-current assets, and
• Account payable
J. Cash Receipts
1. Does the organization structure provide a
clear-cut separation of cashiering function
from accountir1g function?
2. Are the employees of the cashier's office
denied access to, ls the collecting officer
closely supervised by a responsible officer of
the agency?
3. Are all accountable officers given
instructions regarding their duties and
responsibilities?
4. Do accountable officers keep a file of COA
and other circulars pertaining to their work?
5. Are the collecting officer and other
employees handling cash provided with
safe?
6. If so, is the duplicate combination of the safe
filed with an authorized official?
7. Is the combination of the safe changed
whenever there is a change of custodian?
8. Is the cashier office amply protected against
intrusion by unauthorized persons?
9. Are all employees handling cash adequately
bonded?
10. If so, how much?
11. Are surprise cash counts frequently made by
department examiners?
12. Are official receipts booklets used? If so,
• Are these pre-numbered?
• Are the booklets issued m numerical
sequence?
• Is the form of payment indicated in the
receipts?
• Is the numerical sequence of issued
officials r�ceipts and booklets checked
by the accounting department?
• Is a register of forms maintained? If so,
is it kept up-to-date?
• Are unused booklets physically
safeguarded? State how?
544
FC
QUESTIONNAIRES REF. YES/NO REMARKS
NO ORN/A
13. Are official receipts issued for every receipt
of payment?
14. Is it the practice of collecting officer not to
accept postdated checks payment of charges
or fees?
15. Is the cashing of checks from collections
prohibited? If not:
• Is the prior approval or an authorized
person required before a check is cashed?
• Are such checks deposited promptly?
16. Are collections deposited intact and as
frequently as required by regulations?
17. ls the person making deposit escorted by
armed guards and provided with
transportation facilities?
18. Are all checks endorsed for deposit and
deposited in appropriate banks?
19. Are items of deposits subsequently
dishonored by the Bank/Treasury promptly
adjusted in the collecting officer's records?
20. Are both the totals and details of bank
authenticated duplicate deposit slip matched
by the accounting department against the
corresponding official receipts?
21. Are totals of bank-authenticated deposit slips
compared with the debit to respective bank
accounts in the book of original entry?
22. Are all cash funds and cash receipts in the
debit to respective bank accounts in the book
of original entry?
23. Are acknowledged deposits or deposits in
transit invariably cleared the following
month?
24. Are collection and deposits recorded daily in
the cash book?
25. Is the cash book balance compared daily
with the cash on hand?
26. Are collection reports submitted regularly to
the accounting division?
27. ls reconciliation made monthly of the
collecting officer's book balance and the
accounting subsidiary ledger balance?
K. Mail Remittance
ls the mail opened by an employee who is
independent of either cashier's office and the
accounting office?
1. Are mail remittances recorded or listed by
the person opening the mails?
545
FC
QUESTIONNAIRES REF. YES/NO REMARKS
NO OR NIA
2. If so, is the record or list given to someone
other than the collecting officer for follow
up to see that all remittances have been
receipted for a deposited?
3. Is the foregoing information considered
adequate as basis for our evaluation of
internal control-in that there are no other
additional auditing procedures, accounting
controls or other circumstances that mitigate
weaknesses indicated above, or in that there
are no other circumstances that impair any
control?
List down a;1y additional controls and/or
weaknesses not covered by the foregoing
and/or answers:
L. Disbursements
1. Are all payments except petty cash fund
disbursements and payroll made by checks?
2. Are checks pre-numbered?
3. Are checks issued in numerical sequence?
4. ls the stock of unused checks accessible only
to the custodian and to those who prepare
and sign checks?
5. Are all checks drawn countersigned by
another responsible official/s?
6. ls the bank furnished of the name and
specimen signatures of officials authorized
to sign checks?
7. Is the signing of checks limited to officers or
employees who have no access to accounting
records or to cash?
8. Are all checks for signature and
countersigned always accompanied by
approved voucher and supporting.
documents?
9. Are disbursements vouchers, supporting and
account distribution reviewed by an
authorized accounting staff? If so, is the
covering voucher signed by the person who
made the review?
10. Are DVs and other supporting documents
reviewed by at least one signatory
preparatory to the signing of the check?
546
FC
QUESTIONNAIRES REF. YES/NO REMARKS
NO ORN/A
11. Is the signing and countersigning of
checks in advance or in blank prohibited?
12. Is the drawing of checks to cash or bearer
(except for revolving funds
replenishments and total payroll)
prohibited?
13. Are voided or spoiled checks, all
properly cancelled and held available for
subsequent inspection?
14. Are the supporting documents all
stamped "Paid" or marked with similar
indications immediately after the check
is signed to prevent their possible reuse?
15. Are checks drawn recorded promptly?
16. Is the payee's signature or receipt secured
before the check is delivered?
17. Are Bank accounts reconciled at least
once each month?
18. Are bank statements and paid checks all
sealed by the bank and delivered directly
to the person preparing the
reconciliation?
19. Is the reconciliation done by an
employee whose duties do not involve:
• Signing the checks?
• Recording cash transactions?
• Handling cash?
20. Does the person who reconciles bank
accounts: account for all check numbers,
examine signatures, endorsements
payee's name and date and compare with
the records?
21. Are checks bearing improper
endorsements returned to the bank for
corrections?
22. Are long outstanding checks properly
followed and controlled?
23. Are "stop payments" on outstanding
checks properly controlled?
24. Are reconciling items systematically
followed up and promptly cleared?
547
QUESTIONNAIRES FC YES/NO REMARKS
REF. ORN/A
NO
By currency:
25. Are those give cash advances duly
designated as disbursing officers and
adequately bonded?
26. Are all advances properly authorized and
not excessive in amount?
27. Are all previous advances liquidated
before a new cash advance is given?
28. Are advances liquidated by the officials
within a reasonable time after the
purpose of such advances has been
accomplished?
29. Are cash payments always supported by
approved vouchers and supporting
documents?
30. Are expense vouchers and supporting
documents stamped "Paid" to prevent
their possible reuse?
31. Are entries in the cash up to date?
32. Are reports of disbursements regularly
submitted?
33. Are subsidiary records for cash advance
kept and reconciled with the control
account periodically?
34, Is there conformation of outstanding
balances at least once a year?
35. Is the foregoing information considered
adequate as basis for our evaluation of
internal control-in that there are no
other additional auditing procedures,
accounting controls or other
circumstances that mitigate weaknesses
indicated above, or in that there are no
other circumstances that impair any
control?
548
FC
QUESTIONNAIRES REF. YES/NO 'REMARKS
NO ORN/A
N. Account receivables
1. Are credit extended only with the
approval of responsible officials?
2. Are receivables supported with
documents to justify claim against
debtors?
549
FC
QUESTIONNAIRES REF. YES/NO REMARKS
NO ORN/A
3. Are bills reviewed and checked by the
accounting division?
4. Are billing documents properly
approved?
5. Are forms used in billing pre-numbered?
6. Are bills numerically accounted for and
properly recorded?
7. Are voided bills cancelled and preserved
for reference?
8. Are bills properly filed and controlled to
prevent loss and tampering?
9. Are subsidiary ledgers maintained?
10. Are subsidiary ledgers regularly balanced
with the controlling accounts?
11. Are receivables aged periodically?
12. Are delinquent accounts periodically
reviewed by proper officials
13. Are statements of accounts regularly sent
to all debtors?
14. Are the statements prepared or checked
by someone no having access to the cash
receipts journal or accounts receivable
credits?
15. Are statements mailed by someone other
than the account receivable bookkeepers?
16. Are statements controlled to prevent
interception prior to mailing?
17. In case of differences reported, are the
difference promptly acted upon and
corrected?
18. Are uncollectible accounts write-offs
approved by proper official?
19. Is a record maintained of accounts
written off?
20. Are credit adjustment approved by a
proper officials?
21. Are accounts with credit balances
investigated, adjusted, or otherwise
settled?
22. The approval of an unauthorized official
a pre requisite to the payment of an
account receivable credit balance?
23. Are duties of accounts receivable clerk
divorced from any cash function?
24. Are account receivable bookkeepers
rotated on their jobs?
25. Is there confirmation of accounts at least
once a year?
550
FC
QUESTIONNAIRES REF. YES/NO REMARKS
NO ORN/A
26. ls the foregoing information considered
adequate as basis for our evaluation of
internal control-in that there are no
other additional auditing procedures,
accounting controls or other
circumstances that mitigate weaknesses
indicated above, or in that there are no
other circumstances that 1mpa1r any
control?
List down any additional controls and/or
weaknesses not covered by the foregoing
and/or answers:
551
FC
QUESTIONNAIRES REF. YES/NO REMARKS
NO ORN/A
P. Miscellaneous Liabilities and Deferred
Credits
1. Are there adequate subsidiary records for
miscellaneous deposits, deferred
collections, trust liabilities and
miscellaneous liabilities and credits?
2. If so, are they periodically reconciled
with the control account?
3. Are miscellaneous liabilities and credits
occasionally confirmed?
4. Are there written instructions governing
miscellaneous deposits, if so, are they
strictly followed?
5. Is there adequate review of the transfer
of deferred credits to income, to income
accounts?
6. ls it the tendency of the balances of
undistributed collection to decrease m
amount?
7. Is the foregoing information considered
adequate as basis for our evaluation of
internal control-in that there are no
other additional auditing procedures,
accounting controls or other
circumstances that mitigate weaknesses
indicated above, or in that there are no
other circumstances that impair any
control?
Q. Payroll
1. Is a personnel division maintained? If so,
• Do all hiring, changes m rates,
dismissals and resignations pass
through this division?
• Does the division kept a complete
and up to date record of personnel
and rates?
• Are resignations immediately
reported to the Accounting Division?
2. Are time record books properly
safeguarded or controlled to avoid
alterations?
3. Is the total time worked by each
employee approved by an authorized
official?
4. Are payrolls prepared by persons
independent of those who the paying?
552
FC
QUESTIONNAIRES REF. YES/NO REMARKS
NO ORN/A
5. Is the time worked by each employee as
stated m the payroll always checked
against official time record book?
6. ls a permanent and up to date record kept
of each employee showing all
information needed in the verification· of
payroll?
7. Are changes in rates and additions of
persons to payrolls always verified
against written authority or new
appointments?
8. Are accumulation of payroll date,
computation of individual pay and
summarization of the total payroll
rechecked by another employee before
payment?
9. Are officers and employees required to
acknowledge receipts of their salary pay?
10. Is it the practice of employees to sign the
payroll only at the time payment?
11. Are the acknowledgement signatures
compared with those in the personnel file
by a person not connected with the
preparation and disbursement of the
payroll?
12. If certain officers and employees are paid
by checks:
• Are individual payroll check signed
by one who does not participate in
• Preparation of the payroll?
• Preparation of the payroll check?
• Recording of payroll transactions m
the books of accounts?
13. If an employee cannot collect his pay
personally, 1s his written authority
always required before allowing another
person to collect it for him?
14. Are applicable legal requirements
(withholding tax, GSIS, and Medicare
premiums, etc.) complied with?
15. Are unclaimed wages deposited and
liability set up within a reasonable time?
16. Is authority secured first before any
overtime work is rendered?
17. Are salary index cards for all employees
maintained?
553
FC
QUESTIONNAIRES REF. YES/NO REMARKS
NO ORN/A
18. If so, are postings there up to date?
19. ls the foregoing information considered
adequate as basis for our evaluation of
internal control-in that there are no
other additional auditing procedures,
accounting controls or other
circumstances that mitigate weaknesses
indicated above, or in that there are no
other circumstances that impair any
control?
554
LTO Form 89
Sir/Madam:
This is to inform you that per records of this Office the taxes due on the real property/ies described hereunder as of amount to
p
Name of Location Tax Dec. ASSESSED VALUE Annual Year BASIC SEF Grand
Declared (Number No/ARP Land Imp. Mach Tax Tax Discount Interest Sub-total Tax Discount Int. Sub-total Total
Owner & Street No. (9-10)C (9-10)C (12=16)
of Brgy) (9-11)P (9-11)P
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13 ) (14 ) (15) (16) (17)
TOTAL
NOTE:
1. Kindly inform this office of any error or omission that you may have discovered in this Bill.
2. Please present this Bill to this Office when payment is made
3. Payment of the said taxes/discounts/interest is up to _ _ _____ _
4. Failure to pay the aforementioned real property taxes within twenty (20) days from receipts hereof of will force this office to apply the remedial measures
provided under Sec. 256 of RA 7160 to enforce collection of the same
5. Please disregard this Bill in case you have paid your taxes. Very truly yours,
Legend:
C Current Year CITY/MUNICIPAL ACCOUNTANT
P Previous Year
Vl
Vl
Vl
- -
FORM TITLE REAL PROPERTY TAX BILL
PREPARED BY Billing Clerk, Municipal/City
FREQUENCY Annually
INSTRUCTIONS:
BASIC
8. Enter the tax (for up-to date)
9. Enter the tax (for up-to-date)
l 0. Enter the tax discount (property owner)
11. Enter the interest(for delinquent taxpayers)
12. Enter the difference of the tax and tax discounts (Up-to-date) Enter the sum of the
tax and interests (Delinquent)
SEF
13. Enter the tax (for-up-to-date)
14. Enter the tax discount (prope1ty owner)
15. Enter the interest ( for delinquent taxpayer)
16. Enter the difference of the tax and tax discounts (Up-to-date) Enter the sum of the
tax and interests (delinquent)
17. Enter the sum of Columns 12 and 16
556
LTO Form 90
BARANGAY
ASSESSED BASIC SEF
Grand
Tax Name VALUE Total
Mailing Classification Annual Remarks
No. Dec. of Land Imp. Mach Year Tax Penalty Sub- Tax Penalty Sub-
Address of Property Tax (13-
No./AR Owner total total
16)
(I 1+12) (14+15)
(I) (2) (3) (4) (5) (6) (7) (8) (9) (l 0) (11) (12) (13) (14) (15) (16) (17) ( 18)
TOTAL
CITY/MUNICIPAL TREASURER
v.
v.
--.J
FORM TITLE Certified List of All Real Property Tax Delinquencies
PREPARED BY Records Clerk, Municipal/City Treasurer's Office
FREQUENCY Yearly, before the end of December
NO. OF COPIES four (4)
PURPOSE OF FORM
a. To record all pertinent information on individual real property unit (i.e., owners name,
mailing address, location of property).
b. To reflect each real property unit's assessed value as well as the owner's taxes due for
a particular year.
c. To reflect the total number of owners of delinquent real properties as well as the total
tax collectibles in each barangay.
d. To provide data for the identification of real property units to be subject for remedial
measures.
RECIPIENTS:
Original copy- Local Sanggunian
Duplicate copy - Provincial Treasurer's Office (In case of _____? Mun. Treasurer's
Office)
Third copy- Barangay Captain
Fourth copy- Office
INSTRUCTIONS:
Column:
I. Enter the name of the Municipality/city/Barangay as well as the year on the lines
provided in the upper p01tion of the list
2. Assign a number for each property owner irrespective of the number of real property
units he/she has in the barangay;
3. Indicate the name of property owner
4. Indicate the mailing address of the property owner
5. Indicate the location of the real property unit
6. enter the assessed value of
7. the real property unit as to kind
8. land, improvement, machineries
9. Enter annual tax
I 0. Enter the tax year
BASIC
I I. Enter the basic tax
12. Enter penalty
13. Enter the sum of columns 11 and 12
SEF
14. Enter the SEF tax
15. Enter the penalty
16. Enter the sum of columns 14 and 15
17. Enter the sum columns 13 and 16
Whenever payment is made, the records clerk should draw a red line across the number assigned
to the property owner (column 1 up to column 17). Under the column Remarks, the official
receipt number and date of issue should be entered by the records clerk.
558
LTO Form 91
REPUBLIC OF THE PHILIPPINES
Prov/City/Mun. (MMA) of _________
Date - ----
-
Mr./Ms._____�------
Address------------
Dear Sir/Madam:
In compliance to the requirement of Sec. 254 of R.A. 7160 (local Government Code of
1991) you are hereby informed of the tax delinquency on your property described as follows:
Residential/Commercial/Industrial/Educational
Land------�------
Improvement__________
Machinery
Total
For the year(s) in the total amount of P _______ including penalties computed as
follows:
In case any of the above stated taxes has already been paid, please furnish us with the
number of the official receipt and the date of payment or Xerox copy ofyour receipt, otherwise
we shall appreciate very much your early remittance ofthe aforestated total amount of P
___ __. If after fifteen ( 15) days from your receipt hereof you failed to remit or pay the
said amount, the remedies provided for under the law for the collection of delinquent taxes, shall
be applied to enforce collection.
PROVINCIAL/CITY/MUN. TREASURER
559
LTOForm 92
REPUBLIC OF THE PHILIPPINES
Prov./City/Mun. of _ _________
WARRANT OF LEVY
/
(Pursuant to Section 258 of LGC)
Sir/Madam:
On the basis of the records of this Office, the undersigned hereby certifies that the
following described real property/properties., is/are delinquent in the payment of real property
taxes for the year/s and in the amount/s indicated, hereunder:
Declared Owner
TD No./ARP No.
Kind of Property
(Land, Building/Machinery/Improvement)
p- -
- -----
Total p- -
- -----
Taxes due: Add: Interest due: Totals
(Provincial/City/Municipal Treasurer)
ACKNOWLEDGEMENT:
Date:------ -�-
Signature :
Printed Name -----------
Property Owner/Administrator or Representative
Cc:
Provincial/City/Municipal Assessor
560
LTO Form 93
NOTICE OF LEVY
Sir/Madam:
Please take notice that a Warrant of Levy, copy hereto attached has been issued pursuance
to the provision s of Section 258 of the Local Government Code of ·1991 (R.A. 7160) and served
upon Mr./Ms of , as
owner/administrator/mortgagor/leases of the real property/ies described as follows:
TD.No.
ARP
PIN
Kind of Property
Location
OCTffCTNo.
561
LTO Form 94
REPUBLIC OF THE PHILIPPINES
Prov./City/Mun. of ______ __
Date __________
Mr./Ms ---------- - - -
Sir/Madam:
Records in this Office show that in spite of our letter to you dated ______
19 , the delinquent realty taxes due on your property described hereunder have
remained unpaid:
Lot No. ; Block No.---------�
TD No./ARPN- - - -- - - - ---------�
Location ___ _ _ _ __ _ __________
Area ____ _ _ __sq. m/ha.
Assessed Value:
Land
Improvement
Machinery
Total
Because of said tax delinquency, your property is now included in the list of delinquent
real property which will be published in the (name of newspaper) a newspaper of general
circulation in the Prov/City/Municipality of pursuant to Sec. 260 of R.A. 7160
(Local Government Code of 1991), once a week for three (3) consecutive week on the dates of
______, and , after which the property will be sold at public auction on
--- - - ---� , 19 ; otherwise, we will proceed with the publication
preparatory to auction sale. Thereafter, you will be required to pay the costs thereof in the amount
of P in addition to the total amount due as taxes and penalties.
It is. therefore, urged that you pay the delinquent taxes and penalties as soon as pos�ible
but not later than , 19_ to avoid the inclusion of your name in the publication and
the additional charged for the costs, the eventual sale of your property at public auction.
In case payment/s for any of the above stated taxes has/have been made already, please
furnish us with the number of the official receipt and date of payment or Xerox copy thereof in
order that the same could be reflected in your record, if omitted or neglected; otherwise we shall
consider you to have confirmed our statement of your tax liability.
PROOF OF SERVICE
OF "NOTICE OF PUBLICATION AND AUCTION SALE"
/
I, _ _ ____ , of legal age, Filipino, single/married and resident of
_____ _ ___ _ _ _ _ _ , after being sworn in accordance with the law, depose
and say:
3. That as proof thereof, he/she has affixed his/her signature at the bottom of the attached
notice as admission of such serve;
OR
4. That she/he was out then, I left a copy thereof to a certain Mr./Ms
------ - - ,� a person of sufficient discretion found in his/her
residence/office who signed/refused to sign the acknowledgement of receipt.
(PROVINCIAL/CITY/MUN. TREASURER)
(or Officer Authorized to Administer Oath)
563
LTO Form 96
REPUBLIC OF THE PHILIPPINES
Prov/City/Mun (MMA) of_ ______ _ _
Office of the Provincial/City/Mun. Treasurer
Declared Owner
Location
TD No. ARPN _______ ;Area _ ____ sq.m./ha.
Lot No _ _ ____ ; Block No. ____ _ __
Assessed Value:
Land Machinery _ _ _ _____ _ _
Improvement _ _ ___ ____ _ _____ _ ___ _ _�
has been sold at the public auction held today at the (place) to Mr./Ms_______ _ _ _
a citizen of the Philippines, of legal age, single/married to ,
and a resident of being the highest bidder thereof, for the total consideration
of (P , payment of which is hereby
acknowledge to have been received from him/her as for Official Receipt NO. ____ _ _
dated , 20_, sufficient to satisfy the amount of taxes, penalties and costs due thereon
itemized as follows:
Taxes
Penalties
Cost of Sale
Total
BOUNDERIES:
North- ------- -� South- ----- - -
-
East West_ ______ _ _
Attested:
Prov./City/Mun. Treasurer
(PROVINCIAL/CITY/MUN. TREASURER)
(or Officer Authorized to Administer Oath)
564
LTO Form 97
REPUBLIC OF THE PHILIPPINES
Prov./Mun./City of ____ _ ___
CERTIFICATE OF REDEMPTION
This is to certify that the real property (land, machinery, and/or improvement) described as
follows:
Declared Owner ----- - -----
TD No./ARPN------ - - : Area ----- --sq.m./ha
Location ------- - -------- - ----
Lot No. _______ __ _ _ : Block No. ________
Assessed Value:
Land
Machinery
Improvement
At any time upon surrender to this Office of the Certificate of Sale dated
__ ____ and Official Receipt No. dated , 20
of the purchase price, including the 20% interest corresponding thereto which is from date of sale
to the date of redemption shall be refunded to the purchaser.
This certificate is issued pursuant to Sec. 261 of Republic Act No. 7160, otherwise known
as the Local Government Code of 1991.
Prov'l/mun./City Treasurer
565
LTO Form 98
REPUBLIC OF THE PHILIPPINES
Prov./Mun./City of________ __
NOTICE OF REDEMPTION
Mr./Ms. _______ _ _ _ __
_
Sir/Madam:
I have the honor to inform you that the real property ( ) land, ( ) machinery and/or ( )
improvement described as follows:
which you purchased for the price of P at the public auction conducted by this
Office on , 20 __ upon payment of the total amount of P as
redemption cost acknowledge under Official Receipt No. dated
___ _ _ _ _ , 20__ , was redeemed on , 20__ , pursuant to Sec. 261 of
Republic Act No. 7160, otherwise known as the Local Government Code of 1991. By virtue of
the said redemption, the Certificate of Sale issued to you on , 20__, is hereby
invalidated.
It is requested that the Official Receipt No. be returned to this Office at your
earliest convenience, duly endorsed by signing your name at the backside thereof, together with
the original of the Certificate of Sale if still in your possession or, if already registered, a
certification by the Register of Deeds of the concerned locality that the same is now on file with
said office, so that the amount of P covered thereby may be refunded to you with
the corresponding accrued interest.
Prov./mun./city Treasurer
Enclosed : Copy of Certificate of Redemption
Date _ _ _ _ _
566
LTO Form 99
REPUBLIC OF THE PHILIPPINES
Prov./Mun./City of ________ _
_
Office of the Treasurer
WHEREAS, the delinquent taxpayer or any other person in his behalf has not, within the
period of one year from the date of sale, redeemed the property sold by paying to this Office the
total amount of taxes and penalties due up to the date of redemption, the costs of sale and the
interest at the rate of twenty four percent (24%) per annum on the purchase price;
NOW THEREFORE, pursuant to the provisions of R.A. 7160 (Local Government Code
of 1991), the real property above described, free from any encumbrance _or third party claim -
whatsoever, is hereby conveyed on , the holder of the CERTIFICATE OF
SALE issued on , 20 ___covering said property.
WITNESS:
567
Municipal/city Secretary S.B./SP Provincial Secretary, S.P.
This document consists of two (2) pages, including this one, each page having been signed
by the Provincial/City/Municipal Treasurer and his witnesses and said document refers to the
absolute sale of property therein described to , a citizen of ______
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal at
the and on the date abovementioned.
Notary Public
Commission expires on December 31, 20__
Doc. No.--- - -
Page No. _ ____ _
Book No. _____ _
Series of__ __ _
_
568
LTO Form 100
COMPROMISE AGREEMENT
WITNESSETH:
That the PARTY OF THE SECOND PART is/are/owner(s) ofreal property, delinquent on
realty tax located at barangay Municipal/City, Province of
-------- which property of properties is/are described as follows:
C.T. No. TAX DEC. No. Lot No. Location Assessed Value
Term Amount
st
1 installment
2 11d installment
That in case of default of the PARTY OF THE SECOND PART in settling in full the
obligation within the stipulated period, the PARTY OF THE FIRST PART shall have the right
over the above described property/properties, together with all the existing improvements thereon,
to sell at public auction in accordance with the provisions of R.A. 7 J 60.
569
LTO Form 101
BLGF Form No. -------- - -
CTC No._____
Date_ _ _
____
Sir/Madam:
--- in the
Please be informed that this Certificate of Tax Credit No. - - -
amount of ___ _ _ _ _ _ _______ , is issued on even date in your favor,
covering
It is further informed that this tax credit may be applied to future payments of the taxes
due on the real property described hereunder:
Provincial/City/Municipal Treasurer
570
LTO Annex 102
SAMPLE CASES OF THE ALLOCATION OF GROSS SALES FOR THE SITUS OF TAX
Ml M2 M3
(Bl) (P)
M4 M5 M6
(B2)
One hundred percent (100%) of gross sales in Municipality 1 where Branch 1 is located
shall be allocated in that Municipality and the tax shall accrue to Municipality 1. The rule shall
apply to B2 on sales in M6. All sales of the business establishment in M2, M3, M4 and M5 shall
be allocated to the principal office in M3 and the business tax shall accrue to that municipality.
571
MI M2 M3
M4 M5 M6
Case 2: A principal office (P) located in Municipality 3, with branches located in Municipalities 1
and 6, factory (F) and the warehouse (W) located in Municipality 4 and a plantation (L) and
warehouse (W) in Municipality 2.
One hundred percent (100%) of gross sales in municipalities M l and M6 where the
branches are located shall
Accrue to the municipalities where the branches are located, respectively. The gross receipts in
municipalities M2, M3, M4 and M6 shall be taken up in Municipality 3 where the principal office
is located. The said gross receipt shall be located as follows:
• 30& to Municipality 3 where the principal office is located
• 60% of the remaining 70% to Municipality 4 or where the factory is located. Municipality
3 shall not be entitled to a share for the location of a warehouse. It can be entitled to a
share if and only if the warehouse is also a branch or sales office, meaning the warehouse
and conduct sales
• 40% of the remaining 70% to Municipality 2 where the plantation is located
• Municipality 5 has no share.
572
M1 M2 M3 M7
(B)
(L) (L) (L) (F)
M8 M9
(E) (P)
M4 M5 M6 M10 M11
(F) (W) (B) (PL) (W) (PL) (D) (B)
Case 3: Consider the above diagram on two islands where a big business firm operates the
following:
Sales Allocation
Sales in the Municipalities where the branches are located shall be 100% allocated to Ml,
MS and Ml 1, respectively.
All sales outside the municipalities where the branches are located shall be recorded in the
principal office and consequently allocated as follows:
573
REFERENCES
1. The Local Government Code of 1991, Annotated, Jose A. Nolledo, 1993 Reprint with
August 1993 Addendum;
4. Real Property Taxation, Annotated, Atty. Florecita P. Flores and Antonio A. Avila,
Jr., First Edition, 2002;
5. Local Taxation and Fiscal Matters, Book II, LGC of 1991, PACTAA, Inc., 1992;
10. State Audit Code (Government Auditing Code of the Philippines or PD 1445),
Reprinted 1999, Accounting and auditing Development Office, Commission on Audit
(COA);
14. Manual on the New Government Accounting System (NGAS) for Local
Government Units, Vol. I - III, Professional Development Center, COA, 2002;
15. Updated Description of Accounts under the NGAS (COA Circular No. 2004-008),
Sept. 20, 2004;
574
17. Handbook on the Implementing Rules and Regulations (IRR) to the Government
Procurement Reform Act (RA No. 9184);
18. Updated Budget Operations Manual (UBOM) for Local Government Units,
Department of Budget and Management (DBM), June 2005;
19. Management Services, Part II, 2"d Ed., Nenita Angeles Deafio-Mejorada, 1993;
20. Manual on Certificate of Settlement and Balances, Revised 1993, COA, 1993;
21. Rules Implementing the Barangay Micro-Business Enterprises (BMBE Act of 2002
or RA 9178), Department of Finance (DOF) Order No. 17-04;
26. Revenue Audit Manual for Local Governments, Vol. I, COA, 1997;
28. BLGF Circulars, Memoranda, Circular Letters, Opinions, and Rulings, various
years;
575