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ULTOM All MPDC
ULTOM All MPDC
ULTOM All MPDC
OPERATIONS MANUAL
2ND EDITION
DEPARTMENT OF FINANCE
BUREAU OF LOCAL GOVERNMENT FINANCE
Manila, Philippines
Local Treasury Operations Manual (LTOM), 2nd Edition
ISBN: 978-971-94098-8-5
No part of this book may be reproduced in any form or by any means without the express
permission of the copyright owner and the publisher.
This Local Treasury Operations Manual (LTOM), 2nd Edition, is a product of collaboration
of key stakeholders whose common goal is to improve the quality of local public financial
management, particularly the treasury operations of local government units.
The Technical Working Group, composed of BLGF Central and Regional Office Directors,
technical staff, and selected provincial, city and municipal treasurers, in various
consultation workshops and fora, helped bring about this new LTOM edition.
The BLGF acknowledges the Department of Finance, through the Secretary of Finance
and the Undersecretary for Revenue Operations, for the guidance and support in the
updating and publication of this LTOM.
The BLGF is likewise grateful for the support extended by the European Union’s Public
Financial Management 2 (EU PFM 2) Project, entitled “Support to the LGUs for More
Effective and Accountable Public Finance Management”, during the development phase
of this LTOM, and to the Asian Development Bank (ADB), during the consultations and
exposure workshops with key stakeholders.
i
ii
Republic of the Philippines
DEPARTMENT OF FINANCE
Roxas Boulevard Corner Pablo Ocampo, Sr. Street
Manila 1004
MESSAGE
The Department of Finance (DOF) has made great strides in building revenues
and maintaining fiscal discipline in the Philippines. We paved the way toward increasing
national tax effort, foreign direct investments and, more importantly, maintaining high
growth over the past few years. These trends, in turn, ensured the roll out initiatives on
social services, as well as big- ticket infrastructure projects to address gaps in economic
development.
Our Bureau of Local Government Finance (BLGF) played and continues to play
a key and essential role to sustain all the gains we have achieved. Its strategies are
focused on implementing a three-pronged approach to modernize local finance: (i) policy
reforms and updating of regulations, (ii) improvements in systems and operations, and
(iii) high-impact capacity development.
This updated edition of the Local Treasury Operations Manual (LTOM) is indeed
one that will contribute to our goals of improving local finance as it incorporates updates
on relevant laws, policies, rules and regulations of the government. It seeks to address
competency gaps by providing local treasurers relevant information in key areas, such
as budgeting, accounting, auditing, supply management, real property assessment,
financing, custody and disbursement of funds, among others.
I believe this resource complements our strategy to professionalize the ranks of
local treasurers, which is key to a more transparent, independent and sustainable local
fiscal landscape. Equipping them with the right skills and ethical orientation to perform
their jobs well will likewise increase tax collection and revenue generation, and reduce
LGUs’ dependency on the internal revenue allotment.
I have high hopes that local treasurers will adopt the LTOM and take on a proactive
stance to further improve the efficiency of services provided by their respective LGUs.
Cutting red tape and ensuring a business-friendly environment will not only reduce the
stress and cost of tax-related processes, but also attract investments and ensure efficient
delivery of social services. I am confident that our cumulative and collaborative efforts will
enable us to achieve a long period of high and inclusive growth that leads to the economic
inclusion of all Filipinos.
Thank you.
CARLOS G. DOMINGUEZ
Secretary of Finance
iii
Republic of the Philippines
DEPARTMENT OF FINANCE
Roxas Boulevard Corner Pablo Ocampo, Sr. Street
Manila 1004
MESSAGE
ANTONETTE C. TIONKO
Undersecretary
Revenue Operations Group
iv
Republic of the Philippines
DEPARTMENT OF FINANCE
BUREAU OF LOCAL GOVERNMENT FINANCE
8th Floor EDPC Building, BSP Complex, Roxas Boulevard, 1004 Manila
MESSAGE
Let me first congratulate the people behind the development and publication of
the Local Treasury Operations Manual (LTOM), 2nd Edition, for their tireless work and
invaluable dedication to update the basic reference for all local treasurers.
The Bureau of Local Government Finance (BLGF) remains committed to
undertake innovations and programs that continuously improve local finance to make it
viable and dynamic, and therefore help empower local governments as critical partners
in attaining our goal of sustainable and inclusive economic growth and development.
More than a decade since our first publication of the LTOM, much has changed
with the enactment of new laws, recent jurisprudence, and related rules and regulations
of oversight agencies that affect local treasury functions. As such, this LTOM, 2nd
Edition, provides a four-volume reference capturing the latest policy developments,
legal references, practical illustrations, organizational improvements, and standard
forms concerning local tax administration, revenue generation, tax information system
management, custody and disbursement of funds, expenditure management, election-
related responsibilities, internal controls and related fiduciary functions.
The issuance of this LTOM is very timely to support our vision to professionalize
the local treasury service under the Standardized Examination and Assessment for Local
Treasury Service Program of the Department of Finance and the BLGF, in partnership
with the Civil Service Commission. At the heart of this program lies the need to have a
reliable, updated, complete, and instructive resource to improve the knowledge, skills,
competencies and work-ethic in local treasury work and to be successful local fiscal
advisers and managers.
As local fiscal landscapes continuously evolve in pursuit of meaningful
decentralization, may this Manual be an effective instrument to help transform the quality
of local treasury work as an important dimension of a modern, responsive and inclusive
local public financial management system, on which the public can repose greater trust
and confidence.
v
Republic of the Philippines
DEPARTMENT OF FINANCE
Roxas Boulevard Corner Pablo Ocampo, Sr. Street
Manila 1004
1. LEGAL BASES. This Department Order is issued to promulgate the Local Treasury
Operations Manual (LTOM), 2nd Edition, pursuant to Article 456 of the Implementing Rules
and Regulations (IRR) of Republic Act (RA) No. 7160, otherwise known as the Local
Government Code (LGC) of 1991, and in line with the mandates of the Department of
Finance (DOF) to supervise the revenue operations of all local government units, under
Executive Order (EO) No. 292, s. 1987, and of the Bureau of local Government Finance
(BLGF) to exercise administrative and technical supervision, and coordination over treasury
and assessment operations of local governments, under EO No. 127, s. 1987.
2. COVERAGE. The LTOM, 2nd Edition, consists of four (4) books, which form integral parts
hereof, as follows:
Book I Fiscal Organization of Local Governments and the Local Treasury Office;
Book II Receipt and Collection of Income, Revenues and Other Fund Sources;
3. LIMITATIONS. The provisions contained in the LTOM, 2nd Edition, are adoption of pertinent
provisions of relevant laws, jurisprudence, regulations, policies, issuances, opinions and
rulings affecting local finance and treasury operations. The applicable portions of related
provisions from various laws and issuances have been adopted into sections and/or
discussions of specific topics in the LTOM, and structured accordingly to cover the different
aspects of local treasury operations.
Users of the LTOM, 2nd Edition, are encouraged to further refer to the LGC and its IRR, the
Government Accounting and Auditing Manual, and the Manual on the New Government
Accounting System for LGUs, both of the Commission on Audit, the Budget Operations
Manual for LGUs of the Department of Budget and Management, cited jurisprudence, and
other pertinent issuances of DOF and BLGF on local finance and treasury operations.
4. SEPARABILITY CLAUSE. Any portion or provision of the LTOM, 2nd Edition, that may be
declared unconstitutional or invalid shall not have the effect of nullifying other portions and
provisions thereof as long, as such remaining portion or provision can still subsist and be
given effect in its entirety.
vi
5. REPEALING CLAUSE. This Order supersedes Department Order No. 10-08 dated 26
March 2008, and all Department issuances relative to the LTOM that are inconsistent
herewith. However, the LTOM, 2nd Edition, does not seek to supersede the issuances
and rulings of other oversight agencies, but only reiterates and amplifies their respective
applications in local treasury operations.
6. EFFECTIVITY. This Order shall take effect fifteen (15) days after its publication in the
Official Gazette and the University of the Philippines Office of the National Administrative
Register (ONAR) or in a newspaper of general circulation in the Philippines.
All BLGF Central and Regional Offices, and all local treasurers and assistant local treasurers
are hereby directed to properly, efficiently and strictly implement the LTOM, 2nd Edition.
CARLOS G. DOMINGUEZ
Secretary
vii
OVERVIEW
2. Background. Prior to this publication, the first edition of the LTOM was issued
by the Secretary of Finance under Department Order No.10-08, dated 26 March
2008, pursuant to Article 456 of the Implementing Rules and Regulations (IRR) of
the Local Government Code (LGC) of 1991. The LTOM has since been designed
to serve as a handy reference material for all provincial, city and municipal
treasurers in discharging their mandated functions. Since then, the LTOM has
been a regular reference of local treasury offices in their day-to-day operations.
B. RATIONALE
In recent years, the DOF, through the BLGF, perceived the need to update, improve
and enhance the first edition of the LTOM to be continuously relevant and attuned to
recent laws, jurisprudence, and policies, rules and regulations issued by oversight
agencies, and to be published in a user-friendly and easy to carry form.
Developments over the past decade concerning local finance render some provisions
of the first LTOM obsolete and irrelevant to local treasury offices, and there were
cases or complaints wherein local treasurers and other officials unknowingly follow
superseded provisions. Thus, this LTOM, 2nd Edition, adopted measures to address
these issues and concerns, and strategically changed the content groupings and
packaging into a four-volume manual to make it more functional for local treasurers
and other stakeholders.
1. Major Changes in Fiscal Organization since the LTOM was Issued. The LTOM
is guided by the LGC, which consolidated and adopted the various provisions
of different laws expanding the fiscal decentralization and autonomy of local
governments. These include Presidential Decree (PD) No. 231, as amended by
PD No. 426, PD No. 464 and PD No. 477, which sought to improve the fiscal
operations and organization of LGUs.
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LTOM, 2ND EDITION
However, there are laws amending certain provisions of the LGC, as well as
other laws providing for changes in the fiscal operations of LGUs, that have been
issued after 2008. All these pertinent laws and policies are included in this LTOM
and summarized in Annex 1 hereof.
ix
OVERVIEW
Some provisions contained in the Manual are closely paraphrased, if not quoted
verbatim, from the relevant text of the laws, jurisprudence, regulations, policies,
issuances, opinions, rulings and decisions. Valid portions of various laws and
issuances were recast into a single provision, and parts of a single provision that
apply to the different aspects of treasury operations are reflected separately in the
appropriate topics.
The sources of particular sections or topics in this Manual are reflected in the text
itself, or set in parenthesis, to enable users to refer to the original provision if desired.
Likewise, the location of provisions alluded to in another chapter or section are
indicated in the respective portions.
For more detailed reading and information, users of this Manual are encouraged to
refer to the LGC and its IRR, the GAAM, the NGAS-LGU, the BOM and the myriad
of compilation of rulings, issuances and circulars of concerned oversight agencieis.
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LTOM, 2ND EDITION
BOOK I
Fiscal Organization of Local Governments
and the Local Treasury Office
xi
TABLE OF CONTENTS
TABLE OF CONTENTS
ACRONYMS xv
CHAPTER 1 1
FISCAL
ORGANIZATION OF LOCAL GOVERNMENTS
Section 1. Legal Framework 1
Section 2. Creation, Division, Merger, Abolition 3
and Conversion of LGUs
Section 3. The Provincial/City/Municipal Treasury Office 7
Section 4. Organizational Structures:
Models for the Local Treasury Office 8
CHAPTER 2 18
THE LOCAL TREASURER
AND THE ASSISTANT LOCAL TREASURER
Section 5. Authority of the Secretary of Finance to Appoint Local 18
Treasurer and Assistant Local Treasurer
Section 6. Authority of the LCE over the Local Treasurer 19
and Assistant Local Treasurer
Section 7. Qualifications of Local Treasurer 20
and Assistant Local Treasurer
Section 8. Processing of the Appointments of Provincial, City, 20
and Municipal Treasurers and Assistant Provincial, City,
and Municipal Treasurers
Section 9. Designation of Acting/Officer-In-Charge (OIC)/In-Charge 26
of Office (ICO) Provincial/City/Municipal Treasurers
and Assistant Treasurers
Section 10. Automatic Succession of the Assistant Provincial/City/ 32
Municipal Treasurer
Section 11. Designation in the Absence of an Assistant Local Treasurer 32
Section 12. Relief or Detail of Local Treasurers 32
and Assistant Local Treasurers
Section 13. Other Personnel Actions for Local Treasurers 35
and Assistant Local Treasurers
Section 14. Preventive Suspension of Local Treasurers 43
and Assistant Local Treasurers
Section 15. Attendance to Administrative, Civil or Criminal Investigation 46
of Local Treasurers and Assistant Local Treasurers
Section 16. Approval and Grant of Application for Leave of Absence 47
of Local Treasurers and Assistant Local Treasurers
Section 17. Authority to Travel Abroad and Participate 50
in Training Programs
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LTOM, 2ND EDITION
CHAPTER 3 52
ADMINISTRATIVE AND TECHNICAL SUPERVISION
Section 18. Scope and Nature 52
A. Administrative and Technical Supervision by the BLGF 52
B. Technical Supervision by Provincial Treasurer 53
Over Municipal and Component City Treasurers
Section 19. Fiscal Performance Evaluation of LGUs and Local Treasurers 54
A. Conduct of Local Treasury Operations Evaluation 54
B. LGU Financial Sustainability Score Cards (LGUFSS) 54
C. Performance Standards for Local Treasurers 55
and Assistant Local Treasurers
Section 20. Turn-Over of Accountabilities to the Incoming 56
and Out-going Local Treasurers
CHAPTER 4 60
ROLES, DUTIES, AND RESPONSIBILITIES
OF THE LOCAL TREASURER
Section 21. Powers and Duties of Local Treasurer 60
and Assistant Local Treasurer
Section 22. The Local Treasurer’s Role in Boards and Committees 67
Created Pursuant to the LGC and Other Laws
Section 23. Treasurer’s Role in National and Local Elections 70
Pursuant to the Omnibus Election Code
CHAPTER 5 71
BONDING OF LOCAL TREASURERS
AND OTHER LGU ACCOUNTABLE OFFICERS
Section 24. Legal Basis for the Bonding of Local Treasurers 71
and Other LGU Accountable Officers
Section 25. Guidelines on Bonding of Local Treasurers 71
and Accountable Officers
Section 26. Schedule of Cash Accountability 73
and the Corresponding Bonds
Section 27. Renewal 74
Section 28. Increase in the Amount of Accountability 75
Section 29. Accountable Officers Considered Unsafe Risks 75
Section 30. Cancellation of Bond 76
Section 31. Effect of Cancellation 76
Section 32. The Fidelity Fund 76
Section 33. Extent of Liability 76
Section 34. Validity of Fidelity Bonds. 77
Section 35. Adjudication and Payment of Claims against the Fidelity Fund 77
xiii
TABLE OF CONTENTS
xiv
LTOM, 2ND EDITION
ACRONYMS
AGDB Authorized Government Depository Bank
AOM Audit Observation Memorandum
ASPP Annual Supplies Procurement Plan
ATAP Authority to Accept Payment
BARMM Bangsamoro Autonomous Region in Muslim Mindanao
BAC Bids and Awards Committee
BIR Bureau of Internal Revenue
BLGF Bureau of Local Government Finance
BMBE Barangay Micro Business Enterprises
BTr Bureau of the Treasury
CESB Career Executive Service Board
COA Commission on Audit
COMELEC Commission on Elections
CRAAF Consolidated Report of Accountability for
Accountable Forms
CSC Civil Service Commission
CTOO Chief Treasury Operations Officer
DILG Department of Interior and Local Government
DBM Department of Budget and Management
DepEd Department of Education
DOF Department of Finance
DO/PO District/Provincial Office
DOST Department of Science and Technology
EU PFM 2 European Union’s Public Financial Management 2
eSRE electronic Statement of Receipts and Expenditures
GAAM Government Accounting and Auditing Manual
GAD Gender and Development Fund
GF General Fund
GOCC Government Owned and Controlled Corporation
GSIS Government Service Insurance System
HUC Highly Urbanized City
HoA Head of the Agency
ICO In-Charge of Office
IPCR Individual Performance Commitment and Review
IRA Internal Revenue Allotment
IRR Implementing Rules and Regulations
JMC Joint Memorandum Circular
LCE Local Chief Executive
LDRRMF Local Disaster Risk Reduction and Management Fund
LFC Local Finance Committee
LGC Local Government Code
LGU Local Government Unit
LMB Land Management Bureau
LTO Local Treasury Operations
MC Memorandum Circular
MMA Metro Manila Area
xv
ACRONYMS
xvi
LTOM, 2ND EDITION
INTRODUCTION
LTOM Book I describes the key features of the local government unit’s fiscal
organization and responsibilities, including the present requirements for the creation
of local governments, pursuant to existing laws.
Likewise, Book I discusses the policies and guidelines on the appointment and
designation of local treasurers and assistant local treasurers, their general and specific
roles, duties and responsibilities, as well as the scope and extent of administrative
and technical supervision over local treasury operations of LGUs.
xvii
CHAPTER FISCAL ORGANIZATION OF LOCAL GOVERNMENT
1 UNITS (LGUS)
1
LTOM, 2ND EDITION
election and qualification of its chief executive and a majority of the members of
its sanggunian, unless some other time is fixed therefor by the law or ordinance
creating it. (Sec.14, LGC)
F. Every LGU, as a corporation, shall have the following powers:
1. To have continuous succession in its corporate name;
2. To sue and be sued;
3. To have and use a corporate seal;
4. To acquire and convey real or personal property;
5. To enter into contracts; and
6. To exercise such other powers as are granted to corporations, subject to the
limitations provided in the LGC and other laws. [Sec. 22 (a), LGC]
G. LGUs shall enjoy full autonomy in the exercise of their proprietary functions and in
the management of their economic enterprises, subject to the limitations provided
in the LGC and other applicable laws. [Sec. 22 (d), LGC]
H. Every LGU shall exercise the powers expressly granted and those necessarily
implied therefrom, as well as powers necessary, appropriate, or incidental for its
efficient and effective governance, and those which are essential to the promotion
of the general welfare. Within their respective territorial jurisdictions, LGUs shall
ensure and support, among other things, the preservation and enrichment of
culture, promote health and safety, enhance the right of the people to a balanced
ecology, encourage and support the development of appropriate and self-reliant
scientific and technological capabilities, improve public morals, enhance economic
prosperity and social justice, promote full employment among their residents,
maintain peace and order, and preserve the comfort and convenience of their
inhabitants. (Sec. 16, LGC)
I. The financial affairs, transactions, and operations of LGUs shall be governed by
the following fundamental principles and policies, to wit:
1. No money shall be paid out of the local treasury except in pursuance of an
appropriations ordinance or law [Sec. 305 (a), LGC];
2. Local government funds and monies shall be spent solely for public purposes
[Sec. 305 (b), LGC];
3. Local revenue is generated only from sources expressly authorized by law or
ordinance, and collection thereof shall at all times be acknowledged properly
[Sec. 305 (c), LGC];
4. All monies officially received by a local government officer in any capacity
or on any occasion shall be accounted for as local funds, unless otherwise
provided by law [Sec. 305 (d), LGC]; and
5. Provinces, cities and municipalities shall maintain a General Fund which
shall be used to account for such monies and resources as may be received
2
FISCAL ORGANIZATION OF LOCAL GOVERNMENT UNITS (LGUS)
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)
Indicators
3
LTOM, 2ND EDITION
Elections (COMELEC) within one hundred twenty (120) days from the date
of effectivity of the law or ordinance effecting such action, unless said law or
ordinance fixes another date. (Sec. 10, LGC)
B. Requirements for the Creation of Local Governments - Local government
units may be created in accordance with the criteria provided for in the LGC,
summarized as follows:
1 The average annual income shall include the income accruing to the general fund, exclusive of special funds, trust funds, transfers
and non-recurring income.
2 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.
3 A city may either be Component or Highly Urbanized. Provided, however, that the criteria established in the LGC 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)
4 The territorial jurisdiction of a newly-created city shall be properly identified by metes and bounds. The requirement 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.
4
FISCAL ORGANIZATION OF LOCAL GOVERNMENT UNITS (LGUS)
5 A municipality 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 the plebiscite to be conducted by the
COMELEC in the LGU/s directly affected. Except as may otherwise be provided in the said Act, the plebiscite shall
be held within one hundred twenty (120) days from the date of its effectivity. (Sec. 441, LGC)
6 The territorial jurisdiction of a newly created municipality shall be properly identified by metes and bounds. The
requirement on land area shall not apply where the municipality 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. 442, LGC)
7 Creation of a Barangay
i. To enhance the delivery of the basic services in the indigenous cultural communities, barangays may be
created in such communities by an Act of Congress, notwithstanding the aforementioned requirement.
ii. 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.
iii. 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.
iv. 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 Sangguniang Bayan concerned. (Sec.
386, LGC)
5
LTOM, 2ND EDITION
i. 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 used to be a municipality.
Qualified voters of highly urbanized cities shall remain excluded from voting for elective provincial officials.
[Sec. 452 (b)(c), LGC]
ii. Unless otherwise provided in the Constitution or the LGC, 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 LGC, shall continue to exercise such right. (Sec. 452, LGC)
iii. It shall be the duty of the President to declare a city as highly urbanized after it shall have met the minimum
requirements prescribed, upon proper application therefor and ratification in a plebiscite by the qualified voters
therein. (Sec. 453, LGC)
6
FISCAL ORGANIZATION OF LOCAL GOVERNMENT UNITS (LGUS)
7
LTOM, 2ND EDITION
C. For the PTO, the following basic functional units/divisions are directly under the
Provincial Treasurer and may be assisted by an Assistant Provincial Treasurer,
or two Assistant Provincial Treasuers (one for Operations, and the other for
Administration). The Local Treasurers of component municipalities and cities are
under the technical supervision of the PTO. The functions of the divisions under
the PTO are provided below:
1. Administrative Division
a. Ensure that all national and local circulars, memoranda and guidelines
concerning local treasury operations are received, disseminated and
acted upon/complied with;
b. Maintain records of all communications and documents pertaining to
local treasury operations;
c. Prepare Office Performance Commitment and Review (OPCR) and
ensure submission of the Individual Performance Commitment and
Review (IPCR) of personnel, compliant to the approved Strategic
Performance Management System (SPMS) of the LGU;
8
FISCAL ORGANIZATION OF LOCAL GOVERNMENT UNITS (LGUS)
3. Cash Division
a. Disburse obligations, such as salaries and wages, allowances and
honorarium;
b. Prepare checks for disbursement of various obligations of the Province;
9
LTOM, 2ND EDITION
PROVINCIAL TREASURER
Local Economic
Administrative Treasury Operations Cash
Enterprise
Division and Review Division Division
Division
10
FISCAL ORGANIZATION OF LOCAL GOVERNMENT UNITS (LGUS)
D. The City Treasury Office (CTO), on the other hand, is viewed to be more complex
in structure than that of the PTO. It has at least five major functional divisions,
each of which may be divided into sections; provided, that it is in accordance with
DBM and CSC rules and regulations.
All the functional divisions of the CTO are directly under the supervision of the
City Treasurer and may be assisted by one or two Assistant City Treasurers. The
functions of the divisions under the PTO are provided below:
1. Administrative Division
a. Ensure that all national and local circulars, memoranda and guidelines
pertaining to treasury operations are received, disseminated and acted
upon/complied with;
b. Maintain records of all communications and documents pertaining to
treasury operations;
c. Prepare OPCR and ensure submission of the IPCR of personnel,
compliant to the approved SPMS of the LGU;
d. Maintain records of all pertinent information of CTO personnel (i.e.
PDS, SALN, Leave Credits);
e. Ensure the observance of RA No. 6713 or the “Code of Conduct and
Ethical Standards for Public Officials and Employees,” and recommend
disciplinary action, when appropriate;
f. Ensure that all accountable officers are properly bonded pursuant to
the provisions of the PBL;
g. Draft reply/memo circulars pertaining to treasury matters;
h. Conduct annual physical inventory of the following: unused accountable
forms; office supplies; property, plant and equipment; TCTs/TDs of
government-owned properties and pertinent documents to support
ownership; and ensure that all buildings, property and equipment are
insured annually;
i. Prepare Budget Proposals of the CTO, including the PPMP, ASPP and
other related reports;
j. Prepare Estimated Revenue for submission before July 15th of each
year;
k. Issue accountable forms to accountable officers and prepare monthly
reports pertaining thereto;
l. Prepare and submit reports as may be required by the BLGF; and
m. Perform other duties and functions that may be assigned.
11
LTOM, 2ND EDITION
12
FISCAL ORGANIZATION OF LOCAL GOVERNMENT UNITS (LGUS)
d. Prepare the annual estimated revenue of the city before July 15th of
each year;
e. Prepare Budget Proposals of the CTO, including the PPMP, ASPP and
other related reports;
f. Conduct Examination of Books of Accounts on Business
Establishments;
g. Evaluate request on re-assessment and tax credit;
h. Assist the City Treasurer in preparing proposed revenue ordinances;
i. Prepare and submit reports as may be required by the BLGF; and
j. Perform other duties and functions that may be assigned.
13
LTOM, 2ND EDITION
CITY TREASURER
14
FISCAL ORGANIZATION OF LOCAL GOVERNMENT UNITS (LGUS)
E. For the Municipal Treasury Office (MTO), the organizational structure is simpler,
with only two (2) functional divisions, i.e., the Cash Division, and the Revenue
Division, whose functions are similar to that of the CTO’s, together with
Administrative Section to provide administrative support to the operations of the
office.
1. Administrative Section
a. Ensure that all national and local circulars, memoranda and guidelines
regarding treasury operations are received, disseminated and acted
upon/complied with;
b. Maintain records of all communications and pertinent documents on
local treasury operations;
c. Prepare OPCR and ensure submission of the IPCR of personnel,
compliant with the approved SPMS of the LGU;
d. Maintain records of pertinent information of all MTO personnel (i.e.
PDS, SALN, Leave Credits);
e. Ensure the observance of RA No. 6713 or the “Code of Conduct and
Ethical Standards for Public Officials and Employees,” and recommend
disciplinary action when appropriate;
f. Ensure that all accountable officers are properly bonded pursuant to
the provisions of the PBL;
g. Draft reply/memo circulars pertaining to treasury matters;
h. Conduct annual physical inventory of the following: unused accountable
forms; office supplies; property, plant and equipment; TCTs/TDs of
government-owned properties and pertinent documents to support
ownership; and ensure that all buildings, property and equipment are
insured annually;
i. Prepare Budget Proposals of the MTO, including the Procurement
Management Plan, Annual Supplies Procurement Plan and other
related reports;
j. Prepare the Estimated Revenue for submission before July 15th of
each year;
k. Issue accountable forms to accountable officers;
l. Prepare monthly report of accountable forms;
m. Prepare and submit reports as may be required by the BLGF; and
n. Perform other duties and functions that may be assigned.
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LTOM, 2ND EDITION
2. Cash Division
a. Receive daily collections from all collection officers of the LGU;
b. Prepare the daily consolidated report of collections and deposits and
attach the list of checks for deposit;
c. Deposit daily collections of the municipality to AGDBs;
d. Prepare daily, weekly and monthly report of collections;
e. Update Cash Books and prepare daily cash position report;
f. Assist the Municipal Treasurer in handling the disbursement of local
government funds and such other funds entrusted by law or other
competent authority;
g. Disburse salaries and wages, allowances and honorarium of
employees;
h. Prepare checks in payment of various obligations of the municipality;
i. Remit national and barangay shares;
j. Prepare daily RCI;
k. Prepare and submit quarterly eSRE reports required by the BLGF; and
l. Perform other duties and functions that may be assigned.
3. Revenue Division
a. Compute and collect payments on Real Property Tax (RPT);
b. Prepare monthly/quarterly report of RPT collection;
c. Update records of RPT payment and prepare list of delinquent
properties;
d. Send notices of delinquency to delinquent real property owners;
e. Prepare notices of delinquency on RPT for posting and publication;
f. Prepare monthly report of barangay share;
g. Evaluate gross receipts of business establishments and assess local
business taxes, fees and charges, and and other duly authorized local
impositions;
h. Collect and record payments on business taxes, fees and charges, and
other taxes;
i. Prepare notice of delinquency on local business tax;
16
FISCAL ORGANIZATION OF LOCAL GOVERNMENT UNITS (LGUS)
MUNICIPAL TREASURER
Administrative Section
17
CHAPTER THE LOCAL TREASURER
2 AND THE ASSISTANT LOCAL TREASURER
B. The Treasurer shall be appointed by the Secretary of Finance from a list of at least
three (3) ranking eligible recommendees of the Governor or Mayor, as the case
may be, subject to civil service law, rules and regulations. [Sec. 470 (a), LGC]
C. Nepotic Appointment
1. No person shall be appointed in the career service of the local government
if he/she is related within the fourth civil degree of consanguinity or affinity to
the appointing or recommending authority. (Sec. 79, Title III, LGC)
2. All appointments in the national, provincial, city and municipal governments
or in any branch or instrumentality thereof, including government owned
or controlled corporations, made in favor of a relative of the appointing or
recommending authority or of the chief of the bureau or office or of persons
exercising immediate supervision over him, are hereby prohibited.
The word “relative” and members of the family referred to are those related
within the third degree either of consanguinity or of affinity.
3. The rule on Nepotic appointment under Sec. 79, Title III of the LGC applies to
local treasurers and assistant treasurers in LGUs and not that under Sec. 59,
Chapter VIII, Book V of the Administrative Code of 1987. (CSC Resolution
No. 1000170 dated 06 October 2010 as affirmed by CA Decision dated 07
November, 2013 in CA G. R. S. P. No. 121404)
18
THE LOCAL TREASURER AND THE ASSISTANT LOCAL TREASURER
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LTOM, 2ND EDITION
20
THE LOCAL TREASURER AND THE ASSISTANT LOCAL TREASURER
3. Performance: At least ‘Very Satisfactory’ rating in the last rating period prior
to the assessment or screening;
4. Relevant Training: Completion of trainings, scholarships, and other capacity
building interventions relevant to the duties and functions of the position
undertaken within the last five (5) years reckoned from the date of LCE
recommendation; and
5. Other Related Criteria and Attributes: To further establish competency and
fitness, additional criteria and attributes shall be evaluated and weighted,
namely: (i) Salary Grade/Rank; (ii) Previous Designation in the Local
Treasury Service; (iii) Post-graduate Degree/s; (iv) Bar and/or Professional
License; (v) SEAL certification; and (vi) Interview by the BLGF.
The weights for SEAL certification shall be as follows: 10% for BCLTE, 15%
for ICLTE, and 20% for ACLTE.
The table of criteria and the respective weight allocations is attached as
Annex 3 [Department Personnel Order (DPO) 477.2019].
All mandatory requirements required under the LGC and CSC rules that have no point
allocation or determined on a pass-fail basis, such as citizenship, residency, good
moral character, eligibility, and non-nepotic relationship, together with the applicable
clearances and certifications, shall be fully evaluated by the BLGF.
B. APPOINTMENT REQUIREMENTS AND PROCEDURES
1. Publication and Posting of Vacancy. Per ltem Nos. 3.2 and 3.3 of DPO
No. 477.2019, the publication and posting of the vacant position of Local
Treasurer (LT) or Assistant Local Treasurer (ALT), in accordance with RA
No. 7041, as amended, for at least fifteen (15) calendar days, shall first be
complied with. The filling up of the vacant position shall be made after fifteen
(15) calendar days from its publication, but shall not exceed nine (9) months
from the date of publication. Such notice of vacancy shall strictly contain the
qualification standards, as provided under Secs. 470 and 471 of Republic
Act (RA) No. 7160 or the Local Government Code (LGC) of 1991, and shall
be posted in at least three (3) conspicuous places within the concerned LGU,
and shall be reported to the Civil Service Commission (CSC).
2. Prescribed Documentary Requirements. The basic documentary
requirements for processing the appointments of LT and ALT are as follows:
Document Remarks
A. Requirements from the Individual Recommendees
1. Personal Data Sheet (PDS) - CSC Form No. 212, with the
3 Originals*
following:
1.1 Service Record 3 Originals
1.2 Work Experience Sheet 3 Originals
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LTOM, 2ND EDITION
Document Remarks
1.3 Previous Office Order of Designation as Treasurer/ 1 Certified Copy
Assistant Treasurer each
1.4 Sworn Certificate of Employment (for private work
1 Photocopy
experience)
1.4 Latest Approved Appointment (if applicable) 1 Certified Copy
1.5 Certificate of Residency9 1 Original
2. Certificate/s of Eligibility
2.1 Civil Service Commission for CSP and/or BCLTE 1 Authenticated
Copy for each
2.2 Professional Regulation Commission (PRC) applicable eligibility
2.3 Bar
1 Certified Copy
3. Relevant Training Certificates10
each
1 Certified Copy
4. Performance Evaluation for the last two (2) rating periods11
each
B. LGU Requirements
1. Recommendation Letter of Local Chief Executive, with the
1 Original*
following:
1.1 Sworn Statement of Non-Prohibited Relationship12 1 Original*
1.2 Certification of Availability of Funds 13
1 Original
1.3 Approved Plantilla Schedule for the current year 1 Certified Copy
1.4 Publication of Vacancy (not beyond 3 months old)
1 Original
and Posting, with Qualification Standards14
1.6 Certificate of SPMS Compliance 1 Certified Copy
1.7 If applicable, provide justification/certification for: 1 Original for each
a. Quantum Leap in Salary Grade applicable case
b. Dearth of Applicants/Inclusion of Applicants from Other or include in the
LGUs recommendation
c. Non-inclusion of Next-in-Rank Employees letter
1.8 Government Issued ID with Photo and Signature of LCE 1 Certified Copy
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THE LOCAL TREASURER AND THE ASSISTANT LOCAL TREASURER
Document Remarks
23
LTOM, 2ND EDITION
4. First Level (lnitial Screening) Process. The concerned BLGF Action Officer
shall pre-evaluate the LGU's compliance with the documentary requirements
and provide immediate feedback. ln case the documents submitted are
found incomplete or deficient, the LGU shall be properly notified using the
prescribed forms under the said guidelines. The evaluation of the documents
shall be certified as to completeness and orderliness, and submitted to
the BLGF Regional and Central Human Resource Merit Promotion and
Selection Boards (HRMPSBs) for deliberations. The BLGF HRMPSB shall
deliberate and rank the recommendees for LT and/or ALT position/s. lt shall
comparatively evaluate all recommendees using the prescribed evaluation
form. lnterview of recommendees by the BLGF Regional Director or
Executive Director, as the case may be, shall be required to further evaluate
the candidates' capacity for the position, and the corresponding points shall
be included in the evaluation sheet. The results of each deliberation shall
be formalized through a Board Resolution, and supported by duly signed
summary of ratings, including all the First Level documentary requirements
and the accomplished compliance certification, to be submitted to the BLGF
Central HRMPSB.
5. Second Level (Final Deliberation) Process. The BLGF Central HRMPSB
shall conduct the corresponding Second Level process for the final
deliberation of all recommendees. The BLGF CO Administrative Division
shall communicate the results to the BLGF RO to inform the concerned
recommendee of the submission of the documentary requirements specified
in the Second Level Basic Documentary Requirements. Upon completion of
all the required documents, the BLGF Central HRMPSB Chairperson shall
endorse the proposed appointment papers to the Secretary of Finance,
through the Undersecretary of Revenue Operations Group (ROG), for final
action, together with the certification as provided. As part of due diligence, the
BLGF Office of the Executive Director, the ROG Office of the Undersecretary,
and/or the DOF Office of the Secretary may require additional information or
clarification whenever warranted.
6. Return Without Action Policy. All recommendations or documents received
by the BLGF RO or CO that are not compliant with the requirements shall
be given up to thirty (30) days upon issuance of notification to complete
the same. If after the lapse of the said period the requirements remain
to be completed, the entire set of documents shall be immediately and
formally returned without action to the concerned LCE. ln cases of individual
applications received by the BLGF, the same shall be immediately referred
to the concerned LCE for appropriate action.
7. lssuance of Appointment Papers. All appointments signed and issued
by the Secretary of Finance shall be subject for attestation by the CSC.
The same are not covered by Section 18 Rule Vl of the ORAOHRA, which
requires the concurrence of the majority of all the members of the local
Sanggunian to approve such appointments, inasmuch as the appointing
authority is the Secretary of Finance.
24
THE LOCAL TREASURER AND THE ASSISTANT LOCAL TREASURER
As per ltem No. 3.11 of DPO No. 477.2019, a certified true copy of the
appointment shall be issued to the appointee, through the BLGF, copy
furnished the LCE, in order that said appointee can immediately take his/
her oath of office and assume the duties of the position. ln cases where
the nature of the appointment issued involves promotion or transfer from
another agency or LGU to another, the appointee shall seek an Authority
to Transfer from the head of the agency where he/she is employed prior to
assumption, which shall be submitted to the BLGF CO. Upon receipt of the
copy of appointment, the appointed LT or ALT shall submit to the CSC Field
Office, through the BLGF CO Admin Division, the following:
a. Duly acknowledged, signed and dated Appointment Paper;
b. Copy of the Oath of Office; and
c. Clearance Form (CSC Form No.7).
25
LTOM, 2ND EDITION
26
THE LOCAL TREASURER AND THE ASSISTANT LOCAL TREASURER
27
LTOM, 2ND EDITION
28
THE LOCAL TREASURER AND THE ASSISTANT LOCAL TREASURER
29
LTOM, 2ND EDITION
30
THE LOCAL TREASURER AND THE ASSISTANT LOCAL TREASURER
31
LTOM, 2ND EDITION
D. It shall be the duty of the BLGF to ensure that impending vacancies are properly
monitored and immediately acted upon, and that the concerned local chief
executive is properly informed.
32
THE LOCAL TREASURER AND THE ASSISTANT LOCAL TREASURER
33
LTOM, 2ND EDITION
34
THE LOCAL TREASURER AND THE ASSISTANT LOCAL TREASURER
35
LTOM, 2ND EDITION
36
THE LOCAL TREASURER AND THE ASSISTANT LOCAL TREASURER
If said request is not granted by the LCE or the Secretary of Finance, or his/her duly
authorized representative, it shall be deemed approved after the lapse of 30 days
from the date of notice without the need to notify the employee concerned. It is
understood that the treasurer/assistant treasurer who seeks to transfer is cleared
from money, property and work-related accountabilities.
If, for whatever reason, the treasurer/assistant treasurer fails to transfer on the
specified date, he/she shall be deemed resigned. However, should he/she opt to
remain in the same LGU before the specified date of transfer, he/she may be
reappointed if there is no gap in the service or reemployed if there is gap in
service. In both cases, the treasurer/assistant treasurer shall undergo the usual
hiring process.
Transfer during election period shall be governed by COMELEC rules and
regulations.
37
LTOM, 2ND EDITION
the employee is deemed illegally dismissed. This may occur although there
is no diminution or reduction in rank, status or salary of the employee.
Reassignment that constitutes constructive dismissal may be any of the
following:
a. Reassignment of an employee to perform duties and responsibilities
inconsistent with the duties and responsibilities of his/her positions
such as from a position of dignity to a more servile or menial job;
b. Reassignment to an office not in the existing organizational structure;
c. Reassignment to an existing office but the employee is not given any
definite set of duties and responsibilities;
d. Reassignment that will cause significant financial dislocation or will
cause difficulty or hardship on the part of the employee because of
geographic location;
e. Reassignment that is done indiscriminately or whimsically because
the law is not intended as a convenient shield for the appointing/
disciplining officer to harass or oppress a subordinate on the pretext
of advancing and promoting public interest, such as reassignment
of employees twice within a year, or reassignment of career service
officials and employees with valid appointments during change of
administration of elective and appointive officials; or
f. Reassignment that results in constructive dismissal must be sufficiently
established.
3. The employee may appeal the reassignment order within 15 days upon receipt
thereof to the Commission or CSCRO with jurisdiction, as provided under
specific law, if he/she believes there is no justification for the reassignment.
Pending appeal, the reassignment shall not be executory. The decision of
the CSCRO may be further appealed to the Commission within 15 days from
receipt thereof.
Reassignment during election period shall be governed by COMELEC rules
and regulations.
38
THE LOCAL TREASURER AND THE ASSISTANT LOCAL TREASURER
misconduct, been separated from the service but subject position is still available,
does not need the issuance of an appointment.
The reinstatement of treasurers/assistant treasurers shall be effected upon the
issuance of an appropriate order of the Secretary of Finance or the Executive
Director of BLGF, as may be applicable.
39
LTOM, 2ND EDITION
The BLGF Executive Director shall evaluate the recommendation and subsequently
endorse the same to the CSC for approval.
The only basis for the Secretary of Finance, BLGF Executive Director or the LCE
to allow treasurers/ assistant treasurers to continue rendering service after his/
her 65th birthday is a CSC Resolution granting the request for extension. In the
absence of such resolution, the said treasurer/assistant treasurer shall not be
authorized to perform the duties of his/her position and his/her salaries shall be
the liability of the official responsible for the continued service of the treasurer/
assistant treasurer.
During the period of extension, the employee on service extension shall be
entitled to salaries and salary increases, allowances, and other remunerations that
are normally considered part and parcel of an employee’s compensation package
subject to the existing regulations on the grant thereof, except step increments.
The treasurer/assistant treasurer shall likewise be entitled to 15 days’ vacation
and 15 days sick leave annually, provided that the same are not commutative and
cumulative.
40
THE LOCAL TREASURER AND THE ASSISTANT LOCAL TREASURER
41
LTOM, 2ND EDITION
42
THE LOCAL TREASURER AND THE ASSISTANT LOCAL TREASURER
separation or death, shall be submitted by the BLGF to the CSC Field Office
concerned within thirty (30) calendar days from the date of the effectivity of
the dropping from the rolls, date of separation, or death for record purposes.
43
LTOM, 2ND EDITION
44
THE LOCAL TREASURER AND THE ASSISTANT LOCAL TREASURER
45
LTOM, 2ND EDITION
46
THE LOCAL TREASURER AND THE ASSISTANT LOCAL TREASURER
place of residence to the place of trial by the usual course of travel. Therefore,
a Treasurer or Assistant 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/ her in his/her official capacity, shall not be
entitled to salary for absence on account of such appearance if the distance from
his/her 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/
her in his/her private capacity, his/her absence will be chargeable against him/her
without prejudice to his/her right to seek reimbursement from the party at whose
instance he/she testified. If such witness testifies on a case from knowledge or
fact acquired by him/her in his/her official capacity, or to produce official papers
or documents, and the distance between his/her place of residence and the place
of trial is less than fifty (50) kilometers, his/her appearance will be considered
service in due course, but in such a case the province, city or municipality to
which he/she pertains shall collect witness’ fees for his/her appearance under the
conditions prescribed by the Rules of Court. [Sec. 226, (c) Vol. I, GAAM]
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LTOM, 2ND EDITION
48
THE LOCAL TREASURER AND THE ASSISTANT LOCAL TREASURER
Providing for the Magna Carta of Women). This special leave may be availed
for every instance of gynecological disorder requiring surgery for a maximum
period of two (2) months per year, with full pay based on her gross monthly
compensation, provided that such treasurer has rendered at least six (6)
months aggregate service in any or various government agencies for the last
twelve (12) months prior to undergoing surgery for gynecological disorder.
2. Whenever a Provincial/City/Municipal Treasurer or an Assistant Treasurer
retires, voluntarily resigns, or is allowed to resign, or is separated from
the service through no fault of his/her own, he/she shall be entitled to the
commutation of all accumulated vacation leave and/or sick leave to his/her
credit, exclusive of Saturdays, Sundays and holidays, without limitation as
to the number of days of vacation leave and sick leave that he/she may
accumulate provided his/her leave benefits are not covered by special law.
(Sec. 26, Rule XVI, Omnibus Rules Implementing Book V of EO No. 292,
as amended by CSC Memorandum Circular No. 41, s. 1998)
3. When a Provincial/City/Municipal Treasurer or an Assistant Provincial/ City/
Municipal Treasurer whose leave credits have been commuted following his/
her separation from the service is re-employed in the Government before
the expiration of the leave commuted, he/she shall no longer refund the
money value of the unexpired portion of his/her leave. Insofar as his/her
leave credit is concerned, he/she shall start from a zero balance in his/her
new government office. (Sec. 26, Rule XVI of Omnibus Rules Implementing
Book V, E. O. No. 292, as amended by CSC Memorandum Circular No. 41,
s. 1998)
4. A Provincial/City/Municipal Treasurer or an Assistant Provincial/ City/
Municipal Treasurer who has accumulated at least fifteen (15) days’
vacation leave credits shall be allowed to monetize a minimum of ten (10)
days; provided, that at least five (5) days are retained after monetization
and, provided further, that a maximum of thirty (30) days may be monetized in
a given year. (Sec. 22, Rule XVI of Omnibus Rules Implementing Book V,
EO No. 292, as amended by CSC Memorandum Circular No. 41, s. 1998)
5. A Provincial/City/Municipal Treasurer or an Assistant Provincial/ City/
Municipal Treasurer may be allowed to monetize fifty percent (50%) or more
of his/her accumulated vacation or sick leave credits for valid and justifiable
reasons such as the following:
a. Health, medical and hospital needs of the Provincial/City/ Municipal
Treasurer or the Assistant Provincial/City/Municipal Treasurer or
the immediate members of his/her family;
b. Financial aid or assistance brought about by force majeure events
such as calamities, typhoons, fire, earthquakes and accidents;
c. Educational needs of the Provincial/City/Municipal Treasurer or
the Assistant Provincial/City/Municipal Treasurer or the immediate
members of his/her family;
49
LTOM, 2ND EDITION
d. 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; and
e. Extreme financial needs of the Provincial/City/Municipal Treasurer
or Assistant Provincial/City/Municipal Treasurer or the immediate
members of his/her family to fulfil basic needs for food, shelter and
clothing.
6. 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,
E. O. No. 292, as amended by CSC Memorandum Circular No. 41, s. 1998)
7. A Provincial/City/Municipal Treasurer or an Assistant Provincial/ City/
Municipal Treasurer with ten (10) days or more vacation leave credits shall
be required to go on vacation leave whether continuous or intermittent for
a minimum of five (5) working days annually. (Sec. 25, Omnibus Rules
Implementing Book V, E. O. No. 292, as amended by CSC Memorandum
Circular No. 41, s. 1998)
50
THE LOCAL TREASURER AND THE ASSISTANT LOCAL TREASURER
51
CHAPTER
ADMINISTRATIVE AND TECHNICAL SUPERVISION
3
SECTION 18. SCOPE AND NATURE
A. Administrative and Technical Supervision by the BLGF.
1. The BLGF shall exercise administrative and technical supervision and
coordination over the treasury and assessment operations of local
governments [Sec. 43 (b), EO No. 127]. It shall provide consultative
services and technical assistance to local treasurers in the implementation
of programs, policies and regulations on local fiscal matters such as local
taxation, local revenue mobilization, and real property assessment as well
as administrative matters on the recruitment, selection and appointment of
Local Treasurers and Assistant Local Treasurers.
2. The functions and authorities of the Secretary of Finance over local treasurers
and assistant treasurers delegated upon the BLGF under Department
Special Order No. 01.2018 as provided under Annex 5.
3. Administrative Supervision
a. Process appointments of Local Treasurers and Assistant Treasurers
and other personnel actions such as promotion, designation, detail,
secondment, transfer, retirement, and extension of service, subject to
existing CSC rules and regulations.
b. Act on leave of absence filed.
c. Issuance of Authority for foreign Travel of Local Treasurers and
Assistant Local Treasurers either on Official or Personal purpose.
d. Act on complaints and enforce administrative disciplinary action
against Local Treasurers and Assistant Local Treasurers:
i. Initiate and act on complaints;
ii. Conduct fact-finding and preliminary investigation;
iii. File formal charges, if warranted and authorized by the
Secretary of Finance;
iv. Recommend the imposition of administrative disciplinary
sanctions upon erring treasurers; and
v. Implement decisions/resolutions/orders of judicial and quasi-
judicial bodies against local treasurers.
e. Conduct training programs, seminars, workshops and other allied
activities for the improvement of the administrative skills in the local
treasury offices.
52
ADMINISTRATIVE AND TECHNICAL SUPERVISION
4. Technical Supervision
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 DOF;
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 for the improvement of the technical skills in the local
treasury offices;
d. Monitor and determine the efficiency and effectiveness of the internal
control system of the office of the Provincial/City/Municipal Treasurer;
e. Monitor the performance of revenue generation in RPT, Business Tax
and non-tax revenues;
f. Conduct revenue and treasury operations evaluation to determine
the compliance by Local Treasurers with applicable laws, rules and
regulations;
g. Monitor the implementation by LGUs of national and local tax
ordinances and tax measures; and
h. Review, evaluate, and monitor the timely and accurate submission of
LGU financial and fiscal reports for the purpose of target-setting and
policy formulation.
B. Technical Supervision by Provincial Treasurer Over Municipal and
Component City Treasurers.
1. Municipal Treasury Offices. The Provincial Treasurer shall:
a. Conduct treasury operations evaluation over treasury offices;
b. Monitor all eSRE reports uploaded by municipal treasurers to the eSRE
Web Information System, and shall review, analyze and approve/reject
the reports within fifteen (15) days from the prescribed periods set for
the local treasurers;
c. Exercise the authority to review and examine on a continuing basis
real property tax record to ensure the proper implementation hereof
and determine compliance with existing laws and regulations; (Art.
291, IRR, Implementing Sec. 200, LGC)
d. Provide technical consultative services such as mentoring, coaching,
trainings, among others; and
e. Perform such other functions as may be provided by law and regulations
of DOF and BLGF.
53
LTOM, 2ND EDITION
54
ADMINISTRATIVE AND TECHNICAL SUPERVISION
55
LTOM, 2ND EDITION
5. The parameters for evaluation for the Performance Standards are discussed
in details under Department Order No. 006.2015 dated 20 January 2015
(Annex 8).
56
ADMINISTRATIVE AND TECHNICAL SUPERVISION
___________________________
Outgoing P/C/M Treasurer
_____________
Date
________________________
Incoming P/C/M Treasurer
______________
Date
57
LTOM, 2ND EDITION
ATTACHMENT A
Date of Maturity
Security Term/Rate Principal
Placement Date
Php
Serial Numbers
To From
Accountable Form No. 51
Accountable Form No. 52
Accountable Form No. 53
Accountable Form No. 54
Accountable Form No. 56
Accountable Form No. 57
Accountable Form No. 58
Community Tax Certificate (Individual)
Community Tax Certificate (Corporation)
Cash Tickets
Parking Tickets
Other Accountable Forms: (please specify)
58
ADMINISTRATIVE AND TECHNICAL SUPERVISION
IV. OTHERS
A. OUTSTANDING CHECKS
CERTIFICATION
I hereby certify that I have this day of I hereby certify that I have this day of
______________ transferred to my successor, ______________ actually received from my
Mr./Ms._____________________________ predecessor,
__________, all the items described above Mr./Ms.____________________________
as ____________, the date of the transfer of _______, all the items described above as
accountability. of____________, the date of the transfer of
accountability.
59
CHAPTER ROLES, DUTIES, AND RESPONSIBILITIES
4 OF THE LOCAL TREASURER
60
ROLES, DUTIES, AND RESPONSIBILITIES OF THE LOCAL TREASURER
61
LTOM, 2ND EDITION
62
ROLES, DUTIES, AND RESPONSIBILITIES OF THE LOCAL TREASURER
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.
11. Ensure 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 ensure 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/her of the business if there
is an existing ordinance prescribing such transfer tax.21
12. Attend Sessions of the Sanggunian. The Local Treasurer, when required
and upon prior approval of the LCE, shall attend the sessions of the
sanggunian. [Sec. 470(e), LGC]
13. Exercise Such Other Powers and Functions and Perform Such Other
Duties and Responsibilities. The Local Treasurer shall exercise such other
powers and functions and perform such other duties and responsibilities as
may be prescribed by law or ordinance, as follows:
a. Remittance of statutory obligations to the BIR; the Government
Service Insurance System (GSIS); Pag-ibig; PhilHealth obligations
and share of Metro Manila Development Authority (MMDA) for LGUs in
Metro Manila.
b. Deputies of the National Government Alien Registration Fees.
c. Members of the following Local Committees and Boards:
i. Local Finance Committee
63
LTOM, 2ND EDITION
NOTE
The foregoing provisions of RA No. 7160 or the LGC state clearly that the
collection of local taxes, fees and charges is the duty and function of the local
treasurer, thus, primarily accountable therefor. However, considering the
multifarious duties and functions of the local treasurer and the impossibility
64
ROLES, DUTIES, AND RESPONSIBILITIES OF THE LOCAL TREASURER
NOTE
of being able to attend to all taxpayers coming to the treasury office, the
aforecited provisions of the same Code likewise allow the local treasurer to
authorize deputies to perform such collection function. This goes without
saying that the deputies to be authorized must be permanent appointees
in the Local Treasury Office and properly bonded. It is very important that
anyone deputized by the local treasurer to collect must be under the direct
supervision of said local official being the ultimate accountable officer for
local funds. (BLGF 2nd Indorsement, 19 December 2010)
xxx... the primary mandate of the City Treasurer is the custody of and
exercise of proper management of the funds of the local government unit
concerned. This includes collections received from its economic enterprises’
operations. Therefore, he should have supervision and monitoring of treasury
operations since he is the primary accountable officer for all funds received
as well as the usage of all accountable forms issued by the City. (COA RO
No. XI, AOM No. 2017-024, 15 December 2017)
4. Ensure that payments are made on duly certified and approved disbursement
vouchers;
5. Advise the LCE of delinquencies of government enterprise clientele
for purposes of enforcing sanctions and taking the necessary remedial
measures;
6. Recommend qualified persons for designation as collectors;
7. Maintain records of payments of market stall holders and of other government
enterprise’s lessors;
8. Prepare periodic financial reports for each government enterprise as required
by BLGF rules and regulations;
9. Ensure that payments are made on duly certified and approved disbursement
vouchers;
10. Advise the LCE of delinquencies of government enterprise clientele
for purposes of enforcing sanctions and taking the necessary remedial
measures;
11. Recommend qualified persons for designation as collectors;
12. Maintain records of payments of market stall holders and of other government
enterprise’s lessors; and
13. Prepare periodic financial reports for each government enterprise as required
by BLGF rules and regulations.
65
LTOM, 2ND EDITION
66
ROLES, DUTIES, AND RESPONSIBILITIES OF THE LOCAL TREASURER
67
LTOM, 2ND EDITION
B. Local School Boards (LSB). There shall be established in every province, city, or
municipality a provincial, city, or municipal school board. The composition of the
LSB shall be as follows:
1. The Provincial School Board shall be composed of the governor and the
division superintendent of schools as Co-Chairpersons; 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;
2. The City School Board shall be composed of the city mayor and the city
superintendent of schools as Co-Chairpersons; the chairperson 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-Chairpersons; 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
parent-teacher 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]
The performance of the duties and responsibilities of the abovementioned
officials in their respective LSBs shall not be delegated. [Sec. 98 (d), LGC]
4. The Provincial, City and Municipal School Boards shall have the following
functions:
a. Determine, in accordance with the criteria set by the Department of
Education (DepEd), the annual supplementary budgetary needs for
the operation and maintenance of public schools within the province,
city, or municipality, as the case may be, and the supplementary local
cost of meeting such needs, which shall be reflected in the form of an
annual school board budget corresponding to its share of the proceeds
of the special levy on real property constituting the Special Education
Fund (SEF) and such other sources of revenue as the LGC and other
laws and ordinances may provide;
68
ROLES, DUTIES, AND RESPONSIBILITIES OF THE LOCAL TREASURER
D. Committee on Appraisal
The City or Municipal Treasurer shall act as Chairman relative to distraint of
personal property, with a representative of the Commission on Audit and the city
or municipal assessor as member. (Sec. 175 (e), LGC)
69
LTOM, 2ND EDITION
70
CHAPTER BONDING OF LOCAL TREASURERS
5 AND OTHER LGU ACCOUNTABLE OFFICERS
71
LTOM, 2ND EDITION
72
BONDING OF LOCAL TREASURERS AND OTHER LGU ACCOUNTABLE OFFICERS
73
LTOM, 2ND EDITION
2. PROPERTY ACCOUNTABILITY
a. Government Securities 30% of their total value x 1.5% = Premium
b. Equipment 30% of their total value x 1.5% = Premium
c. Supplies and Materials 30% of their total value x 1.5% = Premium
3. FOR ACCOUNTABLE FORMS
a. Internal Revenue Stamp
b. Documentary Stamp
c. Customs Documentary Stamp
d. Cash Tickets 10% of their total
value rounded
e. Postage and other Stamp Stocks off to the nearest
X 1.5% = Premium
f. Cattle Registration Certificates hundred
g. Marriage Certificates
h. Auto Driver Certificates
i. Motor Vehicle License
j. Other Accountable Forms
having face value
74
BONDING OF LOCAL TREASURERS AND OTHER LGU ACCOUNTABLE OFFICERS
75
LTOM, 2ND EDITION
76
BONDING OF LOCAL TREASURERS AND OTHER LGU ACCOUNTABLE OFFICERS
B. Effect of Failure to Notify. Failure on the part of the HoA to make the required
notification to the TOP through the concerned DO/PO shall render them primarily
liable to any such loss or damage to public funds or properties their respective
agency, province, city or municipality, barangay as the case maybe, may incur on
account of such failure. (Sec. 6.4, Treasury Circular No. 02-2009)
77
LTOM, 2ND EDITION
E. Requirements for Payment of Adjudicated Claim - The agency shall file a claim
for payment from the Fidelity Fund with the BTr, attaching the favorable findings
of COA. The BTr shall process the claim in accordance with existing budgeting,
accounting and auditing rules and regulations.
1. In case of defalcation, shortages and unrelieved losses in the account
of bonded public officer, the claim shall be supported by the following
documents:
a. Agency and COA findings and recommendation on the defalcation,
shortages and unrelieved accountability;
b. Latest SALN of the bonded official/employee;
c. Proof of current and subsisting bond and payment of bond premium;
and
d. Other document/s which may be required by the BTr.
2. In case of proven shortages and defalcation, the public officer responsible
thereto should be removed or relieved of his duties without prejudice to civil,
criminal or administrative cases to be instilled.
3. Only approved claims shall be paid from the Fidelity Fund. (8 - 8.5.3, Treasury
Circular No. 02-2009, 06 August 2009)
F. Penal Clause
Unjustified failure of an accountable public officer to comply with the requirements
to apply the Fidelity Bond pursuant to Treasury Circular No. 02- 2009 and the
PBL shall subject the responsible official/employee to applicable criminal, and/
or administrative liability under the Revised Penal Code and PD 1445. (9.0
Treasury Circular No. 02-2009, 06 August 2009)
78
FORMS AND ANNEXES
79
LTOM, 2ND EDITION
80
CHAPTER CHAPTER TITLE
1
FORMS AND ANNEXES
ANNEX 1- LIST OF LAWS THAT SHAPED FISCAL DECENTRALIZATION
IN THE PHILIPPINES
Laws Provisions
19 June 1959 If the provincial board, municipal board or city council of
the city, or municipal council of the municipality or regularly
Republic Act No. 2264 organized municipal district shall fail to enact a budget
before the beginning of the ensuing fiscal year, the budget
An Act Amending the for the preceding fiscal year shall be deemed re-enacted.
Laws Governing Local (Section 1)
Governments by Increasing
their Autonomy and Copies of the provincial and city budgets shall be furnished
Reorganizing Provincial the Secretary of Finance within ten days from their approval,
Governments who shall have the power to review such budgets in order
to see to it that the above provisions and conditions are
complied with. If within ninety days after submission to the
Secretary of Finance, the secretary takes no action, the said
budget shall be deemed to have complied with the above
provisions. (Section 1)
81
LTOM, 2ND EDITION
Laws Provisions
provincial governors and municipal mayors, and by the city
treasurer, in case of appointments made by city mayors. All
appointments made by provincial governors, city mayors
and municipal mayors shall, after being attested to by the
respective provincial or city treasurers, be forwarded within
ten days to the commissioner of civil service for review
pursuant to civil service law and rules. (Section 8)
1 January 1960 The barrio council with the approval of a two-thirds vote
of the barrio assembly as provided in section four hereof,
Republic Act No. 2370 may raise, levy, collect and/or accept monies and other
contributions from the following sources (Section 14):
An Act Granting
Autonomy to Barrios of • Voluntary contributions annually from each male or
the Philippines, otherwise female resident twenty-one years of age or over;
known as “Barrio Charter • License on stores, signs, signboards, and billboards
Act” displayed or maintained in any place exposed to public
view except those displayed at the place or places
where profession or business advertised thereby is in
whole or in part conducted;
82
FORMS AND ANNEXES
Laws Provisions
Ten per cent of all real estate taxes collected within the
barrio shall accrue to the barrio general fund, which sum
shall be deducted in equal amounts from the respective
shares of the province and municipality: Provided, That the
municipal treasurer may designate the barrio lieutenant and/
or the barrio treasurer as his deputy to collect the said taxes.
(Section 15)
Within five days after the end of each month, the treasury
field cashiers to whom all collection agents shall remit all
their collections in each province shall retain from the internal
revenue collections accruing to the General Fund and remit
to the Provincial Treasurer an amount equivalent to one-
twelfth of the predetermined annual internal revenue regular
allotment of the province and municipalities under it, and to
the city treasurer an amount equivalent to one-twelfth of the
pre-determined annual internal revenue regular allotment
of the city: Provided, That in provinces where there are no
treasury field cashiers, such personnel shall be appointed.
(Section 14)
83
LTOM, 2ND EDITION
Laws Provisions
26 August 1972 Regulations on building permit, inspection and other fees,
and for compliance with the same shall be covered by
Republic Act No. 6541 city and municipal ordinances: Provided, That Traditional
indigenous family dwellings under Section 1.01.04 (d) shall
An Act to Ordain and be exempt from payment of building permit fees. (Section
Institute a National Building 1.02.04)
Code of the Philippines,
otherwise known as
“National Building Code
of the Philippines”
1 July 1973 Section 2. Fundamental Principles
Section 4. Local Authority.
Section 5. Common Limitations on the Taxing Powers of
Presidential Decree No. Local Governments.
231 Section 7. Tax on Transfer of Real Property Ownership.
Section 8. Tax on Business of Printing and Publication
Section 9. Franchise Tax.
Enacting a Local Tax Section 10. Sand and Gravel Fee
Code for Provinces, Cities, Section 11. Taxes Transferred
Municipalities and Barrios, Section 12. Occupation Tax
otherwise known as “Local Section 13. Amusement Tax on Admission.
Tax Code” Section 14. Fees for Sealing and Licensing of Weights and
Measures.
Section 15. Tax on Peddlers.
Section 16. Rental Fee for Use of Municipal Waters, Rivers
etc. as Log Pond
Section 17. Specific Limitations on Power
Section 18. Scope of Powers of Municipalities
Section 19. Tax on Business of Municipalities
Section 20. Fees and Charges of Municipalities
Section 21. Fishery Rentals or Fees of Municipalities
Section 22. Specific Limitations on Power of
Municipalities
Section 23. Scope of Power of Cities
Section 24. Additional Taxing Powers of Cities
Section 25. Specific Limitation on Power of Cities
Section 26. Scope of Power of Barrios
Section 27. License Taxes and Fees of Barrios
Section 28. Service Charges of Barrios
Section 29. Contributions of Barrios
Section 30. Market Fees
Section 31. Slaughterhouse Fees3
Section 32. Public Utility Charges.
Section 33. Tuition Fees.
Section 34. Tolls for Roads, Bridges, Canals and Ferries.
Section 35. Charges for Holding Benefits
Section 36. Permit Fee
Section 37. Service Charge
84
FORMS AND ANNEXES
Laws Provisions
Section 53. Fixing of the Tax and Manner of Payment.
Section 54. Accrual of the Tax.
Section 55. Time for the Payment.
Section 58. Collection of Local Revenue by Treasurer.
Section 59. Examination of Books of Accounts
and Pertinent Records of Businessmen by
Provincial or City Treasurer.
Section 60. Application of Article.
Section 61. Local Government’s Lien.
20 May 1974 This Code shall govern the appraisal and assessment of
real property for purposes of taxation by provinces, cities
Presidential Decree 464 and municipalities, as well as the levy, collection and
administration of real property tax. (Section 1)
Enacting A Real Property
Tax Code, otherwise known Chapter II of this Code provides the provisions on the
as “Real Property Tax appraisal and assessment of real property.
Code” Section 4. Administration of the Real Property Tax.
Section 15. Preparation of Schedule of Values.
Section 17. Amendment of Schedules of Market Values.
Section 23. Certification of Revised Values to the Secretary
of Finance.
85
LTOM, 2ND EDITION
Laws Provisions
3 June 1974 This Decree shall govern the conduct and management
of the financial affairs, transactions, and operations of
Presidential Decree No. provinces, cities, municipalities and barrios, and shall
477 provide the organization for local administration in the local
governments. (Section 1)
“Decree on Local Fiscal
Administration” Section 3. Supervisory authority of the Department of
Finance.
Section 7. The Local Funds.
Section 12. Separation of Personal Money from Public
Funds.
86
FORMS AND ANNEXES
Laws Provisions
2 August 1974 Every requisitions must be accompanied by a certificate,
signed by the local treasurer showing that an appropriation
therefore exists and that the estimated amount of such
Presidential Decree No. expenditure has been set aside for its liquidation. (Section
526 6)
87
LTOM, 2ND EDITION
Laws Provisions
19 May 1975 Tax Declaration on Real Property. – Imprisonment for a
period of not less than two (2) nor more than four (4) years
Presidential Decree No. and perpetual disqualification from holding an elective
705 or appointive office, shall be imposed upon any public
officer or employee who shall issue a tax declaration on
Revising Presidential real property without a certification from the Director of
Decree No. 389, otherwise Forest Development and the Director of Lands or their
known as the Forestry duly designated representatives that the area declared
Reform Code of the for taxation is alienable and disposable lands, unless the
Philippines property is titled or has been occupied and possessed by
members of the national cultural minorities prior to July 4,
1955. (Section 84)
25 June 1975 This Decree shall be known as the decree on Credit
Financing for Local Governments, which shall govern the
Presidential Decree No. conduct and management of the credit transactions and
752 borrowings of provinces, cities, and municipalities. (Section
1)
‘Credit Financing for
Local Governments” It shall be the basic policy that any local government may
avail of credit facilities and resort to borrowings only if the
local funds are not sufficient to finance the prosecution,
completion, expansion, operation, and maintenance of local
infrastructures and other socio-economic developmental
projects. (Section 2)
88
FORMS AND ANNEXES
Laws Provisions
The Secretary of Finance shall promulgate, from time to
time, such rules and regulations, as he may deem necessary
for the proper and effective implementation of this Decree.
(Section 11)
19 December 1975 Declaration and listing in the assessment rolls. All timber
and forest lands owned by the Republic of the Philippines
Presidential Decree No. or any of its political subdivision, the beneficial use of which
853 has been granted to a taxable person, shall be declared for
taxation purposes and listed in the assessment rolls in the
Providing for the name of the concessionaire or licensee.
Classification and Valuation
of Timber and Forest All timber and forest lands that are privately owned shall
Lands for Purposes of Real be declared and listed in the name of the private owner.
Property Tax (Section 2)
Tax Discount. If the basic real property tax and the additional
one (1%) per cent tax accruing to Special Educational Fund
are paid in full within the prescribed period of payment as
provided for under Section 60 of Presidential Decree No.
464, the taxpayer shall be granted a discount as follows:
89
LTOM, 2ND EDITION
Laws Provisions
60% on the tax due and payable during the year
1975,
40% on the tax due and payable during the year
1976, and
20% on the tax due and payable during the year
1977. (Section 9)
90
FORMS AND ANNEXES
Laws Provisions
As provided for under existing laws, the City Treasurers and
City Assessors of cities integrated in the Metropolitan Manila
Area shall be appointed by the President of the Philippines
upon recommendation of the Secretary of Finance. Assistant
City Treasurers, Assistant City Assessors and other city
treasury and assessment personnel shall be appointed in
accordance with the provisions of existing laws. (Section 5)
91
LTOM, 2ND EDITION
Laws Provisions
The financial records of the barangay shall be kept in the
office of the city or municipal treasurer in simplified manner
as prescribed by the Commission on Audit Representatives
of the Commission on Audit shall annually audit such
accounts or as often as may be necessary and make a
report of the audit to the sangguniang barangay and to the
sangguniang bayan or sangguniang panlungsod, as the
case may be. [Section 107(2)]
92
FORMS AND ANNEXES
Laws Provisions
9 January 1990 Until otherwise provided by the Congress, there is hereby
constituted the Metropolitan Manila Authority, hereinafter
Executive Order No. 392 referred to as the Authority, to be composed of the heads of
the four (4) cities and thirteen (13) municipalities comprising
“Constituting the the Metropolitan Manila area. (Section 1)
Metropolitan Manila
Authority” The Authority shall have jurisdiction over the delivery of basic
urban services requiring coordination in the Metropolitan
Manila. These basic urban services shall include among
others: land use, planning and zoning; traffic management;
public safety; urban development and renewal; management
and control of operations during calamities and emergencies
affecting public welfare and safety; and sanitation and waste
management. Any change in the classification of zoning
shall however be subject to the approval of the Housing and
Land Use Regulatory Board (HLURB). (Section 1)
93
LTOM, 2ND EDITION
Laws Provisions
1 January 1992 Section 6. Authority to Create Local Government Units.
Section 7. Creation and Conversion.
Republic Act No. 7160 Section 8. Division and Merger.
An Act Providing for a Local Section 9. Abolition of Local Government Units.
Government Code of 1991, Section 10. Plebiscite Requirement.
otherwise known as "Local Section 11. Selection and Transfer of Local Government
Government Code of 1991 Site, Offices and Facilities.
LGC Book 1” Section 18. Power to Generate and Apply Resources
Section 115. Budget Information.
1 January 1992 Section 385. Manner of Creation of Barangays.
Section 386. Requisites for Creation of Barangays.
Section 387. Chief Officials and Offices.
Section 393. Benefits of Barangay Officials.
Republic Act No. 7160 Section 395. Barangay Treasurer: Appointment,
Qualification, Powers and Duties.
Section 441. Manner of Creation of Municipalities.
Section 442. Requisites for Creation of Municipalities.
An Act Providing for a Local Section 443. Officials of the Municipal Government.
Government Code of 1991, Section 449. Manner of Creation of Cities.
otherwise known as "Local Section 450. Requisites for Creation of Cities.
Government Code of 1991 Section 454. Officials of the City Government.
LGC Book 3" (Local Section 460. Manner of Creation of Provinces.
Government Units) Section 461. Requisites for Creation of Provinces.
Section 470. Appointment, Qualifications, Powers, and
Duties of Treasurer.
Section 471. Assistant Treasurer.
Section 472. Qualifications, Powers and Duties of
Assessor.
Section 473. Assistant Assessor.
1 January 1992 Section 513. Failure to Post and Publish the Itemized
Monthly Collections and Disbursements.
Republic Act No. 7160 Section 516. Penalties for Violation of Tax Ordinances.
Section 517. Omission of Property from Assessment or
Tax Rolls by Officers and Other Acts.
An Act Providing for a Local
Section 522. Insurance Coverage.
Government Code of 1991,
Section 523. Personnel Retirement and/or Benefits.
otherwise known as "Local
Section 526. Application of this Code to Local Government
Government Code of 1991
Units in the Autonomous Regions.
LGC Book 4"
Section 529. Tax Ordinances or Revenue Measures.
(Miscellaneous and Final
Provisions)
94
FORMS AND ANNEXES
Laws Provisions
13 March 1992 The provisions of existing laws, rules and regulations to the
contrary notwithstanding, no taxes, local and national, shall
Republic Act No. 7227 be imposed within the Subic Special Economic Zone. In lieu
of paying taxes, three percent (3%) of the gross income
An Act Accelerating the earned by all businesses and enterprises within the Subic
Conversion of Military Special Economic Zone shall be remitted to the National
Reservations into other Government, one percent (1%) each to the local government
Productive Uses, Creating units affected by the declaration of the zone in proportion to
the Bases Conversion their population area, and other factors. In addition, there
and Development is hereby established a development fund of one percent
Authority for the Purpose, (1%) of the gross income earned by all businesses and
Providing Funds Therefor enterprises within the Subic Special Economic Zone to be
and for other purposes, utilized for the development of municipalities outside the
otherwise known as City of Olongapo and the Municipality of Subic, and other
"Bases Conversion and municipalities contiguous to be base areas. [Section 12(c)].
Development Act of
1992". Except as herein provided, the local government units
comprising the Subic Special Economic Zone shall retain
their basic autonomy and identity. The cities shall be
governed by their respective charters and the municipalities
shall operate and function in accordance with Republic
Act No. 7160, otherwise known as the Local Government
Code of 1991. [Section 12(i)].
28 April 1992 Investors, as certified by the Filipino Investors Society and
duly confirmed by the Screening Committee, shall be exempt
Republic Act No. 7459 from payment of license fees, permit feed and other business
taxes in the development of their particular inventions. This
An Act Providing Incentives is an exception to the taxing power of the local government
to Filipino Investors and units. The certification shall state that the manufacture of the
Expanding the Functions of invention is made on a commercial scale.
the Technology Application
and Promotion Institute, Investors shall be exempt from paying any fees involved in
Appropriating Funds their application for registration of their inventions. (Section
Therefor, and for other 5)
Purposes, otherwise known To promote, encourage, develop and accelerate
as “Philippine Investors commercialization of technologies developed by local
and Invention Incentives researchers or adapted locally from foreign sources including
Act” inventions, any income derived from these technologies
shall be exempted from all kinds of taxes during the first ten
(10) years from the date of the first sale, subject to the rules
and regulations of the Department of Finance; Provided,
that this tax exemption privilege pertaining to invention shall
be extended to the legal heir or assignee upon the death of
the inventor.
95
LTOM, 2ND EDITION
Laws Provisions
24 February 1995 Business establishments operating within the Zone shall be
entitled to the existing fiscal incentives as provided for under
Republic Act No. 7922 Presidential Decree No. 66, the law creating the Export
Processing Zone Authority (EPZA), or those provided under
An Act Establishing a Book VI of Executive Order No. 226, otherwise known as the
Special Economic Zone Omnibus Investments Code of 1987 [Section 4(b)].
and Free Port in the
Any provision of existing law, rules or regulations to the
Municipality of Santa
contrary notwithstanding, no taxes, local and national, shall
Ana and the Neighboring
be imposed on business establishments operating within the
Islands in the Municipality
Zone. In lieu of paying taxes, said business establishments
of Aparri, Province of
shall pay and remit to the national government five per
Cagayan, Providing Funds
centum (5%) of their gross income, to be divided as follows:
Therefor, and For Other
Purposes, otherwise known 1. Two per centum (2%) shall accrue to the general fund
as "Cagayan Special of the national government;
Economic Zone Act of
2. One per centum (1%) to the Province of Cagayan;
1995"
3. One-half per centum (1/2%) to be shared by the
municipalities affected by the declaration of the Zone in
proportion to their income from business activities within
the Zone; and
4. One and one-half per centum (1 1/2%) to the Cagayan
Economic Zone Authority which shall be created under
this Act [Section 4(c)].
24 February 1995 • Business establishments operating within the
ECOZONES shall be entitled to the fiscal incentives as
Republic Act No. 7916 provided for under Presidential Decree No. 66, the law
creating the Export Processing Zone Authority, or those
provided under Book VI of Executive Order No. 226,
(as amended by RA 8748) otherwise known as the Omnibus Investment Code of
1987. (Section 23)
• Tax credits for exporters using local materials as Inputs
An Act Providing for the shall enjoy the same benefits provided for in the Export
Legal Framework and Development Act of 1994. (Section 23)
Mechanisms For the • Except for real property taxes on land owned
Creation, Operations, by developers, no taxes, local and national,
Administration, and shall be imposed on business establishments
Coordination of Special operating within the ECOZONE. (Section 24)
Economic Zones in the
Philippines, Creating • All persons and services establishments in the
For This Purpose, The ECOZONE shall be subject to national and local taxes
Philippine Economic Zone under the National Internal Revenue Code and the Local
Authority (PEZA), And For Government Code. (Section 25)
Other Purposes, otherwise • Goods manufactured by an ECOZONE enterprise shall
known as “The Special be made available for immediate retail sales in the
Economic Zone Act of domestic market, subject to payment of corresponding
1995” taxes on the raw materials and other regulations that
may be adopted by the Board of the PEZA. (Section 26)
96
FORMS AND ANNEXES
Laws Provisions
• Without prior Bangko Sentral approval, after tax
profits and other earnings of foreign investments in
enterprises in the ECOZONE may be remitted outward
in the equivalent foreign exchange through any of the
banks licensed by the Bangko Sentral ng Pilipinas in
the ECOZONE: Provided, however, That such foreign
investments in said enterprises have been previously
registered with the Bangko Sentral. (Section 28)
97
LTOM, 2ND EDITION
Laws Provisions
c. The MMDA is likewise empowered by levy fines, and
impose fees and charges for various services rendered.
98
FORMS AND ANNEXES
Laws Provisions
23 June 1999 The Department shall within six (6) months after the
effectivity of this Act, establish, with the participation of
LGUs, NGOs, POs, the academe and other concerned
Republic Act No. 8749 entities from the private sector, formulate and implement
the Integrated Air Quality Improvement Framework for
a comprehensive air pollution management and control
program. The framework shall, among others, prescribe
An Act Providing for the emission reduction goals using permissible standards,
a Comprehensive Air control strategies and control measures to undertaken
Pollution Control Policy and within a specified time period, including cost-effective use
for Other Purposes. of economic incentives, management strategies, collective
actions, and environmental education and information.
99
LTOM, 2ND EDITION
Laws Provisions
The Department, in collaboration with the DOTC, DTI and
LGUs, shall develop an action plan for the control and
management of air pollution from motor vehicles consistent
with the Integrated Air Quality Framework. The DOTC shall
enforce compliance with the emission standards for motor
vehicles set by the Department. The DOTC may deputize
other law enforcement agencies and LGUs for this purpose.
[Section 22 (b)]
100
FORMS AND ANNEXES
Laws Provisions
June 14, 2000 Notwithstanding any law to the contrary, within two (2) years
from the date of the effectivity of this Act, all departments,
Republic Act No. 8792 bureaus, offices and agencies of the government, as well
as all government-owned and -controlled corporations, that
An Act Providing for the pursuant to law require or accept the filling of documents,
Recognition and Use of require that documents be created, or retained and/
Electronic Commercial or submitted, issue permits, licenses or certificates of
and Non-Commercial registration or approval, or provide for the method and
Transactions and manner of payment or settlement of fees and other
Documents, Penalties for obligations to the government, shall –
Unlawful Use Thereof,
and for other purposes, 1. accept the creation, filing or retention of such documents
otherwise known as in the form of electronic data messages or electronic
"Electronic Commerce documents;
Act of 2000." 2. issue permits, licenses, or approval in the form of
electronic data messages or electronic documents;
101
LTOM, 2ND EDITION
Laws Provisions
The average annual income shall include the income
accruing to the general fund, exclusive of special funds,
transfers, and non-recurring income.
Towards this end, the fund generated from the eighty percent
(80%) of the national wealth tax shall, in no case, be used by
any local government unit for any purpose other than those
for which it was intended. (Section 66.)
13 November 2002 The Office of the Treasurer of each city or municipality shall
register the BMBE’s and issue a Certificate of Authority to
Republic Act No. 9178 enable the BMBE to avail of the benefits under this Act.
Any such applications shall be processed within fifteen (15)
An Act to Promote the working days upon submission of complete documents.
Establishment of Barangay Otherwise, the BMBEs shall be deemed registered. The
Micro Business Enterprises Municipal or City Mayor may appoint a BMBE Registration
(BMBEs), Providing Officer who shall be under the Office of the Treasurer. Local
Incentives and Benefits government units (LGU’s) are encouraged to establish
Therefor, and for other a One-Stop-business Registration Center to handle the
Purposes. efficient registration and processing of permits/licenses of
BMBEs. Likewise, LGUs shall make a periodic evaluation
of the BMBE’s financial status for monitoring and reporting
purposes.
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FORMS AND ANNEXES
Laws Provisions
The Certificate of Authority shall be effective for a period of
two (2) years, renewable for a period of two (2) years for
every renewal.
All BMBEs shall be exempt from tax for income arising from
the operations of the enterprise.
103
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Laws Provisions
This Act shall apply to the Procurement of Infrastructure
Projects, Goods, and Consulting Services, regardless of
source of funds, whether local or foreign, by all branches
and instrumentalities of government, its departments,
offices and agencies, including government-owned and/or
-controlled corporations and local government units, subject
to the provisions of Commonwealth Act No. 138. Any treaty
or international or executive agreement affecting the subject
matter of this Act to which the Philippine government is a
signatory shall be observed. (Section 4)
104
FORMS AND ANNEXES
Laws Provisions
Rewards, monetary or otherwise, shall be provided to
individuals, private organization and entities, including civil
society, that have undertaken outstanding and innovative
projects, technologies, processes and techniques or
activities in water quality management. Said rewards shall
be sourced from the Water Quality Management Fund
herein created. (Section 25)
105
LTOM, 2ND EDITION
Laws Provisions
29 June 2007 The Aurora Special Economic Zone Authority (ASEZA)
may administer the following incentives to the registered
enterprises located therein to the extent of the activity/
Republic Act No. 9490 project:
An Act Establishing the Imposition of a tax rate of five percent (5%) on Gross Income
Aurora Special Economic Earned (GIE) - Except for real property tax on land, no local
Zone in the Province and national taxes as prescribed under Republic Act No.
of Aurora, Creating for 8424, also known as - The National Internal Revenue Code
the Purpose the Aurora of 1997, as Amended - such as income tax, excise tax and
Special Economic Zone franchise taxes, shall be imposed on registered enterprises
Authority, Appropriating operating within the Aurora Ecozone. In lieu thereof, five
Funds Therefor and for percent (5%) of the gross income earned shall be paid as
Other Purposes, otherwise follows:
known as “Aurora Special 1. Three percent (3%) to the national government; and
Economic Zone Act of
2007” 2. Two percent (2%) shall be remitted by the business
establishments to the treasurer’s office of the municipality
or city where the enterprise is located.
106
FORMS AND ANNEXES
Laws Provisions
107
LTOM, 2ND EDITION
Laws Provisions
4. Two per centum (2%) of all premiums, excluding re-
insurance premiums for the sale of fire, earthquake
and explosion hazard insurance collected by
companies, persons or agents licensed to sell such
insurances in the Philippines;
108
FORMS AND ANNEXES
Laws Provisions
(DTI). All tax free importations shall not be sold nor the
beneficial ownership thereof be transferred to any person
until after five (5) years, otherwise, the cooperative and
the transferee or assignee shall be solidarily liable to
pay twice the amount of the imposed tax and / or duties.
An Act Amending Section • SEC. 140. Amusement Tax. - (a) The province may levy
140 (A) of RA No. 7160, an amusement tax to be collected from the proprietors,
Otherwise Known as “The lessees, or operators of theaters, cinemas, concert halls,
Local Government Code of circuses, boxing stadia, and other places of amusement
1991”, otherwise known as at a rate of not more than ten percent (10%) of the gross
“Amusement Tax” receipts from the admissions fees.
109
LTOM, 2ND EDITION
Laws Provisions
• The holding of operas, concerts, dramas, recitals,
paintings, and art exhibitions, flower shows, musical
programs, literary and oratorical presentations, except
pop, rock, or similar concerts shall be exempt from the
payment of the tax herein imposed.
110
FORMS AND ANNEXES
Laws Provisions
Unexpended LDRRMF shall accrue to a special trust fund
solely for the purpose of supporting disaster risk reduction
and management activities of the LDRRMCs within the next
five (5) years. Any such amount still not fully utilized after
five (5) years shall revert back to the general fund and will
be available for other social services to be identified by the
local sanggunian. (Section 21)
111
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Laws Provisions
22 April 2010 The Aurora Ecozone may provide incentives such as
tax and duty-free importations of raw materials, capital
Republic Act No. 10083 and equipment to registered enterprises located therein.
However, exportation or removal of goods from the territory
An Act Amending Republic of the Aurora Ecozone to the other parts of the Philippine
Act No. 9490, otherwise territory shall be subject to customs duties and taxes under
known as “Aurora Special the Tariff and Customs Code of the Philippines, as amended,
Economic Zone Act of and the National Internal Revenue Code (NIRC) of 1997, as
2007” amended. [Section 3(f)]
Imposition of a tax rate of five percent (5%) on Gross Income
Earned (GIE). - Except for real property tax on land, no local
and national taxes as prescribed under Republic Act No.
8424, also known as "The National Internal Revenue Code
of 1997, as Amended" such as income tax, excise tax and
franchise taxes, shall be imposed on registered enterprises
operating within the Aurora Ecozone. In lieu thereof, five
percent (5%) of the gross income earned shall be paid as
follows:
“(a) Three percent (3%) to the national government;
“(b) One percent (1%) shall be remitted by the business
establishments in equal shares to the respective treasurer’s
office of the province and the municipality where the
enterprise is located; and
xxx
Republic Act No. 10173 Information relating to any discretionary benefit of a financial
nature such as the granting of a license or permit given by
the government to an individual, including the name of the
An Act Protecting Individual individual and the exact nature of the benefit
Personal Information and Information necessary in order to carry out the functions of
Communications Systems public authority which includes the processing of personal
in the Government and the data for the performance by the independent, central
Private Sector, Creating monetary authority and law enforcement and regulatory
for this Purpose a National agencies of their constitutionally and statutorily mandated
Privacy Commission, functions. Nothing in this Act shall be construed as to have
and for other Purpose, amended or repealed Republic Act No. 1405, otherwise
otherwise known as “Data known as the Secrecy of Bank Deposits Act; Republic Act
Privacy Act of 2012” No. 6426, otherwise known as the Foreign Currency Deposit
Act; and Republic Act No. 9510, otherwise known as the
Credit Information System Act (CISA);
112
FORMS AND ANNEXES
Laws Provisions
Information necessary for banks and other financial
institutions under the jurisdiction of the independent, central
monetary authority or Bangko Sentral ng Pilipinas to comply
with Republic Act No. 9510, and Republic Act No. 9160, as
amended, otherwise known as the Anti-Money Laundering
Act and other applicable law [(Section 4 ( c ) ( e ) ( f )]
11 October 2016 Ambisyon Natin 2040 is a national long-term vision that will
serve as a guide for development planning. To ensure sound
Executive Order. No. 5, macroeconomic policy, local government units (LGUs) shall
Series of 2016 remain dependent on the Internal Revenue Allotment (IRA).
Responsible, strategic and supportive fiscal sector can be
achieved by:
Approving and Adopting
the Twenty-Five-Year 1. Increasing local sources of LGU revenue, institute
Long Term Vision Entitled legislated and non-legislated measures – LGUs need to
maximize the revenue-raising powers granted to them
Ambisyon Natin 2040 as
by the Local Government Code. Among the potential
Guide for Development measures are a) professionalization of local treasurers
Planning, otherwise known through the Standardized Examination and Assessment
as “Ambisyon Natin for Local Treasury Service Program; b) updating key
local finance manuals to take into account developments
2040”
in local finance; c) intensifying LGU fiscal monitoring and
performance evaluation through standardized reporting
tools and metrics; d) establishing the idle land tax in
all LGUs; and e) enjoining LGUs to comply with LGC
requirements concerning local revenue base; and
113
LTOM, 2ND EDITION
Laws Provisions
19 December 2017 Authority of the Commissioner to Prescribe Real Property
Values.— The Commissioner is hereby -authorized to divide
Republic Act No. 10963 the Philippines into different zones or areas and shall, upon
An Act Amending Sections mandatory consultation with competent appraisers both
5, 6, 24, 25, 27, 31, 32, 33, from the private and public sectors, and with prior notice to
34, 51, 52, 56, 57, 58, 74, affected taxpayers, determine the fair market value af real
79, 84, 86, 90, 91, 97, 99, properties located in each zone or area, subject to automatic
100, 101, 106, 107, 108, adjustment once every three (3) years through rules and
109, 110, 112, 114, 116, regulations issued by the Secretary of Finance based on the
127, 128, 129, 145, 148, current Philippine valuation standards: Provided, That no
149, 151, 155, 171, 174, adjustment in zonal valuation shall be valid unless published
175, 177, 178, 179, 180, in a newspaper of general circulation in the province, city or
181, 182, 183, 186, 188, municipality concerned, or in the absence thereof, shall be
189, 190, 191, 192, 193,
current Philippine valuation standards: Provided, That no
194, 195, 196, 197, 232,
adjustment in zonal valuation shall be valid unless published
236, 237, 249, 254, 264,
in a newspaper of general circulation in the province, city or
269, and 288; Creating
municipality concerned, or in the absence thereof, shall be
New Sections 51-A, 148-A,
posted in the provincial capitol, city or municipal hall and in
150-A, 150-B, 237-A, 264-
two (2) other conspicuous public places therein: Provided,
A, 264-B, and 265-A; and
further, That the basis of any valuation, including the records
Repealing Sections 35, 62,
of consultations done, shall be public records open to the
And 89; All Under Republic
inquiry of any taxpayer. For purposes of computing any
Act No. 8424, Otherwise
internal revenue tax, the value of the property shall be,
Known as the National
whichever is the higher of:
Internal Revenue Code of
1997, as Amended, and for “(1) the fair market value as determined by the
Other Purposes. This law Commissioner; or
is better known as “Tax
“(2) the fair market value as shown in the schedule of
Reform for Acceleration
values of the Provincial and City Assessors. [Section
and Inclusion (TRAIN)
4 (e)]
Law”
3 November 2015 A duly registered and accredited Microfinance NGO shall
pay a two percent (2%) tax based on its gross receipts from
Republic Act No. 10693 microfinance operations in lieu of all national taxes: Provided,
That preferential tax treatment shall be accorded only to
An Act Strengthening NGOs whose primary purpose is microfinance and only on
Nongovernment their microfinance operations catering to the poor and low-
Organizations (NGOs) income individuals in alignment with the main goal of this
Engaged in Microfinance Act to alleviate poverty. The non-microfinance activities of
Operations for the Poor, Microfinance NGOs shall be subject to all applicable regular
otherwise known as taxes.
“Microfinance NGOs Act”
Duly registered and accredited Microfinance NGOs, as
well as their clients, shall be required to have a Taxpayer
Identification Number (TIN): Provided, That this shall be
accomplished within a reasonable time as prescribed, by
the Council: Provided, further, That the relevant government
agencies, in coordination with the Council, shall provide
simplified forms and procedures for securing the TIN.
(Section 20)
114
FORMS AND ANNEXES
Laws Provisions
28 May 2018 All government agencies shall set up a Citizen’s Charter
indicating the most current and updated service standards.
Republic Act No. 11032 (Section 6)
An Act Promoting the No government officer or employee shall have any contact,
Ease of Doing Business in any manner, except during the preliminary assessment
and Efficient Delivery of and evaluation of submitted documents, unless strictly
Government Services, necessary with any application or requesting party
Amending for the Purpose concerning an application or request. (Section 7)
Republic Act No. 9485,
Otherwise Known as the All applications or requests submitted shall be acted upon
“Red Tape Act of 2007, by the assigned officer or employee within the prescribed
and for Other Purposes”. working period which shall not be longer than three (3)
working days in the case of simple transactions and seven
(7) working days in the case of complex transactions from
the date of request and/or complete application or request
was received.
115
LTOM, 2ND EDITION
Laws Provisions
Other local clearances such as, but not limited to, sanitary
permits, environmental and agricultural clearances shall be
issued together with the business permit. [Section 11(d)]
Business permits shall be valid for one (1) year. The city/
municipality may have the option to renew business permits
within the first month of the year or on the anniversary date
of the issuance of the business permit. [Section 11(e)]
27 July 2018 There is hereby created a Bangsamoro Regional Office
of the Bureau of Local Government Finance under the
Republic Act No. 11054 Department of Finance which shall have the authority
to coordinate, assist, and monitor the treasury and
An Act Providing for assessments operations of constituent local government
the Organic Law for the units within the Bangsamoro Autonomous Region in
Bangsamoro Automous pursuance of good governance and local autonomy. The
Region in Muslim regional office shall be guided by the standards set by
Mindanao, Repealing for the Department of Finance-Bureau of Local Government
the Purpose Republic Finance including the requirements set for the appointment
Act No. 6734, Entitled of local treasurers. (Section 3)
"An Act Providing for
An Organic Act for the The Bangsamoro Government may create its own sources
Autonomous Region in of revenues, and may levy taxes, fees and charges, subject
Muslim Mindanao," As to the provisions of the Organic Law which shall accrue
Amended by Republic exclusively to the Bangsamoro Government.
Act No. 9054, Entitled Article XII of this Law provides the provisions on Fiscal
"An Act to Strengthen Autonomy.
and Expand the Organic The constituent local government units in the Bangsamoro
Act for the Autonomous Autonomous Region shall continue to exercise the taxing
Region in Muslim powers granted under Republic Act No. 7160, otherwise
Mindanao", otherwise known as the Local Government Code, as amended.
known as the “Organic (Article XII Section 6)
Law for the Bangsamoro
Autonomous Region in The Parliament may grant tax exemptions and incentives
Muslim Mindanao." or which shall not diminish national revenues provided that the
“BBL” grant of tax exemption and incentives as provided for under
Executive Order No. 458, series of 1991, otherwise known
as the “Omnibus Investments Code” shall continue to apply.
(Article XII Section 8)
116
FORMS AND ANNEXES
Laws Provisions
upon petition of the Bangsamoro Government. (Article XII
Section 10)
117
LTOM, 2ND EDITION
24. RA No. 8749 – An Act Providing for a Comprehensive Air Pollution Control Policy and
for Other Purposes. (23 June 1999)
25. RA No. 8756 – Regional Headquarters Law (23 November 1999)
26. RA No. 8792 – Electronic Commerce Act of 2000 (June 14, 2000)
27. RA No. 9009 – An Act Amending Section 450 of Republic Act No. 7160, otherwise
known as the Local Government Code of 1991, by Increasing the
Average Annual Income Requirement for a Municipality or Cluster of
Barangays to be Converted into a Component City. (24 February 2001)
28. RA No. 9136 – Electric Power Industry Reform Act of 2001 or “EPIRA Law” (8 June
2001)
29. RA No. 9178 – Barangay Micro Business Enterprises Act of 2002 (13 November 2002)
30. RA No. 9184 – Procurement Law (10 January 2003)
31. RA No. 9275 – An Act Providing for a Comprehensive Water Quality Management and
for Other Purposes (22 March 2004)
32. RA No. 9400 – An Act Amending Republic Act No. 7227, as amended, otherwise
known as the ‘Bases Conversion and Development Act of 1992”, and
for Other Purposes (20 March 2007)
33. RA No. 9490 – Aurora Special Economic Zone Act of 2007” (29 June 2007)
34. EO 646 – Accessibility of Information on Taxpayers between the Bureau of Internal
Revenue and the Local Government Units for Tax Collection (3 August 2007)
35. RA No. 9513 – Renewable Energy Act of 2008. (16 December 2008)
36. RA No. 9514 – Revised Fire Code of the Philippines of 2008 (19 December 2008)
37. RA No. 9520 - An Act Amending the Cooperative Code of the Philippines to be known
as the “The Philippine Cooperative Code of 2008”. (17 February 2009)
38. RA No. 9640 – Amusement Tax (21 May 2009)
39. RA No. 10121 – An Act Strengthening the Philippine Disaster Risk Reduction and
Management System, Providing for the National Disaster Risk and
Management Framework and Institutionalizing the National Disaster
Risk and Reduction and Management Plan, Appropriating Funds
Therefor and for other purposes (27 July 2009)
40. RA No. 9728 – Freeport Area of Bataan (FAB) Act of 2009 (23 October 2009)
41. RA No. 10083 – Aurora Special Economic Zone Act of 2007 (22 April 2010)
42. RA No. 10173 – Data Privacy Act of 2012 (15 August 2012)
43. RA No. 10693 – Microfinance NGOs Act (3 November 2015)
44. EO No. 5, Series of 2016 – Ambisyon Natin 2040 (11 October 2016)
45. RA No. 10963 – TRAIN Law (19 December 2017)
46. RA No. 11032 – Red Tape Act of 2007 (28 May 2018)
47. RA No. 11054 – Organic Law for the Bangsamoro Autonomous Region in Muslim
Mindanao.” or “BBL” (27 July 2018)
118
FORMS AND ANNEXES
ANNEX 2
Republic of the Philippines
DEPARTMENT OF FINANCE
Roxas Boulevard Corner Pablo Ocampo, Sr. Street
Manila 1004
1.0 RATIONALE
This Department Order establishes the rules and guidelines in the attestation or
certification of income relative to the requirement of law in the creat ion, conversion,
merger, or abolition of local government units (LGUs). Pursuant to Sections 7, 8 and 9
of Republic Act (RA) No. 7160, otherwise known as the Local Government Code (LGC)
of 1991 , and RA No. 90091, the Department of Finance (DOF) is mandated to attest the
income indicator in the creation, conversion, merger or abolition of LGUs. Likewise, the
provincial treasurer and the city treasurer are mandated by the LGC to certify the income
requirement for the creation of municipalities and for the classification of a city into a
highly urbanized city, respectively.
1
An Act Amending Section 450 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991,
by Increasing the Average Annual Income Requirement for a Municipality or Cluster of Barangays to be Converted
into a Component City
119
LTOM, 2ND EDITION
2.4 The income requirement for the conversion of municipality or a cluster of barangays
into a component city and for the creation of a province shall be certified by the
DOF, pursuant to Section 45O(a), as amended by RA No. 9009, and Section
461(a) of the LGC, respectively.
For the conversion into a component city, the required locally generated average
annual income for the last two {2) consecutive years shall be at least One Hundred
Million Pesos (Php100,000,000.00) based on 2000 constant prices. While the
required average annual income for the creation of a province shall be not less
than Twenty Million Pesos (Php20,000,000.00) based on 1991constant prices.
Provided, That the creation thereof shall not reduce the income of the original
unit or units at the time of said creation to less than the minimum prescribed
requirements.
2.5 The income requirement for the creation or conversion to a municipality and
classification into highly urbanized city shall be respectively certified by the
provincial and city treasurer, pursuant to Section 442(a) and Section 452(a) of
the LGC.
For the creation of a municipality or conversion of a barangay int o a municipality,
the required average annual income for the last two (2) consecutive years shall
be at least Two Million Five Hundred Thousand Pesos (Php2,S00,000.00), based
on 1991constant prices. Provided, That the creation thereof shall not reduce the
income of the original municipality or municipalities at the time of said creation to
less than the minimum requirements prescribed herein. While the required latest
annual income for the classification into a highly urbanized city shall be at least
Fifty Million Pesos (PhpS0,000,000 .00) based on 1991constant prices.
2.6 Sections 442{c), 4S0(c), as amended, and Sectio n 461( c) of the LGC, defines
the composition of the average annual income as t he income accruing to the
general fund, exclusive of special funds, trust funds, transfers and non-recurring
income.
2.7 Under Department Special Order No. 6-92 dated 21 August 1992, or the Code
of Approving and Signing Authorities, the Bureau of Local Government Finance
(BLGF) of the DOF is mandated to certify the income of LGUs.
2.8 Under Department Order 08-2011 dated 11 February 2011, the electronic
Statement of Receipts and Expenditures (eSRE) is the official report ing system
of the DOF on local fiscal and financial matters, to be maintained by the DOF-
BLGF to fully establish a reliable, accurate and timely reporting and monitoring
system in the country.
2.9 Resolution No. 2, series of 2009, entitled “Approving the Synchronized Rebasing
of Price Indices to Base Year 2006” of the National Statistical Coor dina t ion
Board (NSCB), now known as the Philippine Statistics Authority (PSA), has
approved the rebasing of the price indicesto base year 2,006. The PSA has
declared through its letters dated 04 November 2014 and 10 M a.y 2016 that the
old Consumer Price Index {CPI) series will no longer be generated once the new
or rebased series becomes available.
3.0 PURPOSE
This Department Order shall be used by the BLGF and the provincial and city treasurers
in attesting and certifying the income requirement for purposes required by the LGC to
ensure uniformity in the computation thereof.
120
FORMS AND ANNEXES
The BLGF and the concerned provincial and city treasurer s shall use the approved
Statement of Receipts and Expenditures (SRE) submitted by the LGUs through eSRE
system for the last two (2) consecutive years, and four (4) years prior to the issuance
of the latest income reclassification, as the basic data for computing and attest in g the
income requirement.
The certification of the average annual income shall be comprised of the following
income requirements:
5.2 Resulting Average Annual Income of the Original LGU or LGU s (in determining
whether the income of the original unit or units at the time of the creation or
conversion will be reduced to less than the minimum requirements prescribed in
th e LGC); and
5.3 Resulting Average Annual Regular Income of the Original LGU or LGUs (as basis
of the income classification of the original LGU or LGUs at the time of said creation
or conversion).
Based on the definition of annual income cited in the LGC and RA No. 9009, it shall be
composed of income accruing to the general fund, exclusive of special funds, trust funds,
transfers and non-recurring income, and computed as follows:
7.1 In the absence of the PSA-issued CPI based on the required base year, the BLGF
shall compute the CPI factor and apply to the average annual income at current
prices using the following steps of indexing approach:
7.1.1. Compute the growth rate of CPI based on available constant price
released by PSA for fiscal year (t) by dividing the difference of current
year and prior year CPI based on available constant prices to prior year
121
LTOM, 2ND EDITION
7.1.2. Estimate the CPI based on required constant price of fiscal year (t) for
the creation of province/municipality and conversion into component city
using the computed growth rate of CPI based on available constant price.
7.1.3. Divide annual income at current prices by the CPI factor based on required
constant prices, depending on the LGU type to get the annual income at
constant price.
Annual income at con- = Annual income at current pricest
stant prices (AICP)t
Required CPI factort
7.1.4. Add each annual income at constant price for a given year to get the total
annual income and divide the total annual income by the number of fiscal
years to get the average annual income based on constant prices.
122
FORMS AND ANNEXES
The average Annual Regular Income of the original LGU/LGUs less than it s shares from
the proposed LGU at current prices, shall be the basis in determining the resulting income
classification of the original LGU/LGUs, based on existing policy of the DOF on income
classification.
The BLGF, being the policy and technical arm of DOF in supervising the revenue
operations of all local governments, shall implement this Order and shall be responsible
for the following:
9.1 Update annually the CPI Factor based on the available CPI data released by the
PSA;
9.2 Provide annually the matrix of CPI t able to be used by the provincial and city
treasurers in computing and certifying the lat est annual income;
9.3 Issue the Certificate of Average Annual Income to requesting LGU s and legislators,
as prescribed in the LGC, indicating the result s of the above mentioned income
requirements;
9.4 Capacitate provincial and city treasurers on the process and methodology of
computing and certifying the latest annual income;
All department orders, circulars and issuances inconsistent with this Department Order
are hereby repealed or modified accordingly.
11.0 EFFECTIVITY
This Department Order shall be effective fifteen (15) days after completion of its publication
in a newspaper of general circulation.
CARLOS G. DOMINGUEZ
Secretary
123
LTOM, 2ND EDITION
ANNEX 3
Republic of the Philippines
DEPARTMENT OF FINANCE
Roxas Boulevard Corner Pablo Ocampo, Sr. Street
Manila 1004
1. LEGAL BASES. This Department Order is issued under the following legal bases:
1.1. Section 470 (a) and 471 (a) of Republic Act (RA) No. 7160, or the Local
Government Code (LGC) of 1991 mandate that the local treasurer and
assistant local treasurer shall be appointed by the Secretary of Finance from
a list of at least three (3) ranking, eligible recommendees of the governor or
mayor, as the case may be, subject to civil service law, rules and regulations;
1.2. Section 470 (c) of the LGC of 1991 provides that no person shall be appointed
local treasurer unless one is a citizen of the Philippines , a resident of the
local government unit (LGU) concerned, of good moral character, a holder
of a college degree preferably in commerce, public administration or law
from a recognized college or university, a first-grade civil service eligible
or its equivalent, and has at least five (S) years experience in treasury or
accounting service in the case of the city or provincial treasurer, and three
(3) years in the case of municipal treasurer;
1.3. Section 471 (b) of the LGC of 1991 provides that no person shall be
appointed assistant treasurer unless one is a citizen of the Philippines,
a resident of the LGU concerned, of good moral character, a holder of a
college degree preferably in commerce, public administration, or law from
a recognized college or university, a first-grade civil service eligible or
its equivalent, and has at least five (5) years experience in the treasury
or accounting service in the case of the assistant city or provincial treasurer,
and three (3) years in the case of assistant municipal treasurer;
1.4. Section 2 of Executive Order (ED) No. 292, s. 1987 and Section 65 of EO
No. 127, s. 1987 mandate the DOF to be responsible for the supervision
of the revenue operations of all LGUs, and the Secretary of Finance shall
issue such rules, regulations and other issuances to ensure the effective
implementation of the EO;
1.5. Section 43 (b) of Executive Order (EO) No. 127, s. 1987, and Section 33 (2)
of EO No. 291, s. 1987 mandate the Bureau of Local Government Finance
(BLGF) to exercise administrative and technical supervision and coordination
over the treasury and assessment operations of local governments;
124
FORMS AND ANNEXES
1.6. Civil Service Commission (CSC) Memorandum Circular (MC) No. 6, series
2012 requires the establishment and implementation of the Strategic
Performance Management System in the performance-based evaluation for
personnel action;
1.7. Department Order (DO) No. 053.2016 dated 20 Oct 2016 institutionalizes the
Standardized Examination and Assessment for local Treasury Service (SEAL)
Program, and set the Basic Competency on Local Treasury Examination
(BCLTE), the Intermediate Competency on Local Treasury Examination
(ICLTE) and the Advance Competency on Local Treasury Examination
(ACLTE) as integral criteria in selecting and evaluating recommendees for
local treasury appointments;
1.8. CSC MC No. 24, s. 2017I Resolution No. 1701009 dated 16 June 2017
(Omnibus Rules on Appointments and Other Human Resource Actions), as
amended by CSC Resolution No. 1800692 doted 03 July 2018 , provide
the rules on the preparation, submission o, f and actions to be taken on
appointments and other human resource movements of employees
appointed to first and second level positions;
1.9. CSC Resolution Nos. 1701330 and 1701331, both dated 20 September
2017 authorizes the regular offering of BCLTE as a civil service eligibility
exam, leading to Local Treasurer Eligibility, and the ICLTE as a promotional
exam, respectively; and
1.10. CSC MC No. 23, s. 2016, doted15 September 2016, and CSC MC No. 08, s.
2017, doted 21 March 2017 set the Policy on Employment in the Government
Service of Filipino Citizens with Dual Citizenships.
2. SCOPE AND RATIONALE. To ensure the delivery of quality service standards,
the herein procedural guidelines shall govern the evaluation and processing
of appointments of Provincial, City and Municipal Treasurers, and Assist ant
Provincial, City and Municipal Treasurers by the BLGF Central and Regional
Offices.
The BLGF, through its duly constituted Human Resource Merit Promotion and
Selection Boards (HRMPSBs) in the Central Office (CO) and In each Regional
Office (RO), shall adopt the herein criteria and guidelines in determining the best
candidate for local treasury positions to be appointed by the Secretary of Finance,
consistent with existing law, and civil service rules and regulations.
3. GENERAL POLICES. The follow ing general policies shall be ob served:
3.1. All CSC rules and regulations on appointment, promotion, transfer, and other
human resource actions, and internal policies of the DOF to determine the
competence and fitness of recommendees for local treasury appointments
shall be complied with;
3.2. The vacant posit ion of Local Treasurer and Assistant Local Treasurer, as
the case may be, shall be published and posted in accordance with RA No.
7041(Publication Law), as amended, for at least fifteen (15) calendar days.
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LTOM, 2ND EDITION
The filling up of vacant position shall be made after fifteen (15) calendar
days from its publication, which, however, shall not exceed nine (9) months
from its publication.
3.3. Said notice of vacancy shall contain the qualification standards for the
position as provided under RA No . 7160 and shall be posted in at least three
(3) conspicuous places within the LGU and shall be reported to the CSC;
3.4. The recommendation of the local chief executive (LCE) for appointment
of Provincial, City and Municipal Treasurer, and Assistant Provincial, City
and Municipal Treasurer positions shall be in writing and signed by hand,
and in accordance with Sections 470(c) and 471(b) of the LGC. The
recommendation of an Acting LCE shall be in accordance with Sec. 46 of
the LGC;
3.5. The recommendation of the LCE for the appointment of the Municipal
Treasurer and the Assistant Municipal Treasurer, as well as the City Treasurer
and the Assistant City Treasurer of component cities, shall be endorsed by
the concerned Provincial Treasurer to the BLGF within five (5) working days
from receipt thereof;
3.6. No fees, of whatever nature, shall be collected for the processing of
appointment by the BLGF and the DOF. Moreover, it shall be the sole
responsibility of the concerned recommendees to secure and renew the
required clearances, certifications and other relevant documents, and shall
not in any manner be undertaken by the BLGF;
3.7. There shall be constituted and established the BLGF Central HRMPSB
for local Treasurers, which shall be chaired by the BLGF Executive Director,
and the BLGF Regional HRMP58 for Local Treasurers in every BLGF RO,
which shall be chaired by the concerned BLGF Regional Director, to evaluate
the qualifications and competence of all recommendees of the concerned
LCE. In the case of LGUs in the National Capital Region (NCR), the BLGF
Central HRMPSB shall perform the functions for the purpose;
3.8. Such HRMPSBs shall convene at least once every quarter and shall be
supported by appropriate members and staff to perform secretariat and
technical support functions, to be constituted by the respective chairs.
The concerned Provincial Treasurer or his/her duly authorized alternate
shall be designated as ex officio member of the BLGF Regional HRMPSB
for deliberations of local treasury appointments in component cities and
municipalities.
3.9. The BLGF Regional 1-tRMPSB for Local Treasurers shall evaluate and rank
the recommendees, formalized through a Regional HRMPSB Resolution,
with a duly signed summary of ratings and the required documents to be
submitted to the BLGF Central HRMPSB for Local Treasurers, which in
turn shall evaluate the same and formalize the final deliberations through a
Central HRMPSB Resolution;
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FORMS AND ANNEXES
3.10. To further assess the candidates’ capacity for the position, interview of the
recommendees of the LCE by the BLGF Executive Director, in the case of
LGUs in the NCR, or by the BLGF Regional Director, in the case of LGUs
within the regional jurisdiction, shall be conducted before submitting the
same to the BLGF Central HRMPSB; and
3.11. All appointments signed by the Secretary of Finance and officially released
to the BLGF shall be immediately transmitted to the appointed local treasurer
or assistant local treasurer, copy furnished the concerned regional office, in
order that said local treasurer or assistant local treasurer can immediately
take his/her oath of office and assume the duties of the position.
4. CRITERIA FOR EVALUATION. In evaluating all the recommendees of the LCE,
the following qualifications and attributes shall be weighted:
4.1. Education: College degree, preferably in commerce, public administration
or law, from a recognized college or university;
4.2. Experience in treasury or accounting servlce1: Provincial and City
Treasurers or Assistant Provincial and City Treasurers: At least five (5)
years; Municipal Treasurers or Assistant Municipal Treasurers: At least three
(3) years;
4.3. Performance: At least ‘Very Satisfactory’ rating in the last rating period2
prior to the assessment or screening;
4.4. Relevant Training3: Completion of trainings, scholarships, and other
capacity building interventions relevant to the duties and functions of the
position undertaken within the last five (5) years reckoned from the date of
LCE recommendation;and
4.5. Other Related Criteria and Attributes: To further establish competency and
fitness, additional criteria and attributes shall be evaluated and weighted,
namely: (i) Salary Grade/Rank; (ii) Previous Designation in the Local
Treasury Service; (iii) Post-graduate Degree/s; (iv) Bar and/or Professional
license; (v) SEAL certification; and (vi) Interview by the BLGF.
Further, in evaluating previous designations of recommendees, only
the designations as assistant local treasurer shall be given weight for
appointments to assistant local treasurer position, while designations as
local treasurer shall be given weight for appointment to both local treasurer
and assistant local treasurer positions. The weights for SEAL certification,per
1 Experience refers to the previous jobs in either the government or private sector whether full-time or part-
time, which, as certified by the Human Resources Management Officer or authorized officials of the previous
employer, are functionally related to the duties In the PDF of the position to be filled. (Sec. S6 Part Ill of CSC MC
No. 24, s. 2017). Relevant experience acquired through a designation covered by an Office or Memorandum
Order may be considered for meeting the experience requirement (Sec. 60 Part Ill of CSC MC No. 24, s. 2017)
2 CSC Resolution 1800692, promulgated on 02 July 2018
3 Trainings/learning and development Interventions intended to enable the candidate to successfully perform the
duties and responsibilities as Indicated In the PDF or ID of the position to be filled. Sec 61 Part IV of CSC MC
No. 24, s. 2017
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LTOM, 2ND EDITION
DO No. 053.2016, are hereby amended, as follows: 10% for BCLTE, 15%
for ICLTE, and 20% for ACLTE.
The table of criteria and the respective weight allocations is hereto attached as
Annex All mandatory requirements required under the LGC and CSC rules that
have no point allocation or determined on a pass-fail basis, such as citizenship4,
residency5, good moral character6, eligibility7 and non-nepotic relationship8,
together with the applicable clearances and certifications, shall be fully evaluated
by the BLGF.
5. EVALUATION PROCESS
5.1. Notwithstanding any prior processing by the concerned local government
to ensure completeness of documents and evaluation of candidates, which
is hereby encouraged, there shall be established a two -level evaluation
process for all recommendees of the LCEs for appointment to local treasurer
and assistant local treasurer positions, which shall at all times require due
diligence and shall be promptly acted upon by the BLGF, as follows:
5.1.1. The First Level Process (Initial Screening) shall be done by the BLGF
Regional HRMPSB for Local Treasurers to rank all recommendees
according to Item 4 hereof and determine the completeness/
sufficiency and authenticity of documentary requirements. This shall
commence upon full compliance with the documentary requirements
of all recommendees. The result of the Regional Screening, together
with all the supporting documents, shall be indorsed to the BLGF CO.
The same process shall apply in the case of LGUs in the NCR, to be
acted upon by the Administrative Division of the BLGF CO; and
5.1.2. The Second Level Process (Final Deliberation) shall be undertaken by
the BLGF Central HRMPSB for the final screening and deliberations
of the best qualified and the most competent candidate to the position.
5.2 Any application or recommendation submitted to the DOF or the BLGF
Central and Regional Offices that are not compliant with the required
documents has thirty (30) days to complete the same, after which the
entire set of documents shall be immediately returned without action to the
concerned LGU, with appropriate notification. The same process shall apply
to LGUs within the NCR to be acted upon by the Administrative Division of
the BLGF Central Office.
5.3 All proposed candidates for appointment to Provincial, City and Municipal
Treasurer and Assistant Provincial, City and Municipal Treasurer positions
that have been evaluated and deliberated upon by the BLGF Central
HRMPSB for Local Treasurers shall be submitted to the Undersecretary for
4 Filipino citizenship per CSC Memorandum Circular No. 23, s. 2016
5 A resident of the loc.11 government unit concerned per Sec. 470 (c) and Sec. 471 (b) of the LGC
6 Of good moral character per Sec. 470 (c) and Sec. 471 (b) of the LGC
7 First-grade civil service eligibility per Sec. 470 (c) and Sec. 471 (b) of the LGC, or its equivalent per CSC Resolution
No. 1701330
8 Sec. 79 of the LGC: No person shall be appointed In the career service of the local government if he is related
within the fourth civil degree of consanguinity or affinity to the appointing or recommending authority.
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FORMS AND ANNEXES
Revenue Operations Group, who shall review and indorse the same to the
Secretary of Finance for final action.
6. RESPONSIBILITY OF THE BLGF. The BLGF Executive Director shall be
authorized to issue guidelines or circulars relative to and consistent with this Order
to ensure streamlined implementation, due diligence, and continual improvement
of service delivery standards, such as the prescribed documentary requirements
for each level of HRMPSB evaluations, checklists and templates, step-by-step
procedures, certification of completeness and orderliness of required documents,
and comparative evaluation matrices, among others. Any adjustments on
weights and allocations of Annex “’A”’ hereof shall be upon the approval of the
Undersecretary of Revenue Operations Group.
7. REPEALING CLAUSE. This Order effectively repeals Local Administrative
Regulations No. 1-85, dated February 7, 1985. All other DOF orders and issuances
or parts thereof that are inconsistent herewith are hereby repealed or modified
and amended accordingly.
8. EFFECTIVITY. This Department Order shall take effect immediately.
All BLGF officials and employees are hereby enjoined to properly, efficiently and
strictly implement the provisions of th is Order within their respective jurisdictions.
CARLOS G. DOMINGUEZ
Secretary
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LTOM, 2ND EDITION
Annex A
130
FORMS AND ANNEXES
ANNEX 4
REPUBLIC OF THE PHILIPPINES
BUREAU OF LOCAL GOVERNMENT FINANCE
DEPARTMENT OF FINANCE
8th Floor EDPC Building, Bangko Sentralng Pilipinas Complex
Roxas Boulevard, Manila 1004• Telefax Nos. 527-2780 / 527-2790
E-mail: blgf@blgf.gov.ph
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LTOM, 2ND EDITION
the local chief executive (LCE) is provided under Annex C hereof. The LGU,
through its Human Resource Management Officer, shall:
a. Require each recommendee to submit all documentary requirements
listed in Item A of Annex A and ensure the completeness of information;
b. Prepare the documentary requirements in Item B of Annex A; and
c. Consolidate, label, tab and properly file in a docket or binder all
documents enumerated in Annex A, together with the letter of
recommendation of the LCE (Annex C) as cover.
3. Requisites in the Submission of Letter of Recommendation of the
LCE. The letter of recommendation with supporting documents shall be
submitted to the BLGF RO, through the Provincial Treasurer, in the case
of municipalities and component cities, and to the BLGF CO Administrative
Division, in the case of LGUs in the National Capital Region (NCR), for pre-
evaluation and initial screening. If the recommendation is made by the LCE
in Acting Capacity, compliance with Sec. 46 of RA No. 7160, or the LGC,
shall be observed.
4. Constitution of the BLGF HRMPSB. The BLGF Regional HRMPSB of
each BLGF RO shall be chaired by the concerned BLGF Regional Director,
and composed of ranking Bureau personnel. The concerned Provincial
Treasurer or his/her duly authorized ranking alternate shall serve as ex officio
member thereof in screening local treasury appointments in component
cities and municipalities, per Item Nos. 3.7 and 3.8 of DPO 477.2019. The
BLGF Central HRMPSB shall be chaired by the BLGF Executive Director,
and composed of ranking Bureau personnel, per Item Nos. 3.7 and 3.8 of
DPO 477.2019.
5. First Level (Initial Screening) Process. The concerned BLGF Action Officer
shall pre-evaluate the LGU’s compliance with the documentary requirements
and provide immediate feedback. In case the documents submitted are
found incomplete or deficient, the LGU shall be properly notified using the
form prescribed in Annex D hereof. The evaluation of the documents shall
be certified as to completeness and orderliness, per Annex E hereof, and
submitted to the BLGF Regional and Central HRMPSBs for deliberations.
The BLGF HRMPSB shall deliberate and rank the recommendees for LT and/
or ALT position/s. It shall comparatively evaluate all recommendees using
Annex F hereof. Interview of recommendees by the BLGF Regional Director
or Executive Director, as the case may be, shall be required to further evaluate
the candidates’ capacity for the position, and the corresponding points shall
be included in the evaluation sheet. The results of each deliberation shall
be formalized through a Board Resolution, and supported by duly signed
summary of ratings, including all the First Level documentary requirements
and the accomplished compliance certification, to be submitted to the BLGF
Central HRMPSB.
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FORMS AND ANNEXES
133
LTOM, 2ND EDITION
Attachments
Annex A First Level Basic Documentary Requirements for Appointment of L Ts and ALTs
Annex B Second Level Documentary Requirements for Appointment of LTs and ALTs
Annex C Sample Letter of Recommendation of Local Chief Executive
Annex D Notification of Deficiency in Documentary Requirements
Annex E First Level Compliance Evaluation of Requirements for Appointment
Annex F Second Level Compliance Evaluation of Requirements for Appointment
Annex G Comparative Evaluation Sheet
134
FORMS AND ANNEXES
ANNEX A
First Level Basic Documentary Requirements
for Appointment of Local Treasurers and Assistant Local Treasurers
Document Remarks
A. Requirements from the Individual Recommendees
1. Personal Data Sheet (PDS) - CSC Form No. 212, with the
3 Originals*
following:
1.1 Service Record 3 Originals
1.2 Work Experience Sheet 3 Originals
1.3 Office Order for Designation as Treasurer/Assistant 1 Certified Copy
Treasurer each
1.4 Sworn Certificate of Employment (for private work
1 Photocopy
experience)
1.4 Latest Approved Appointment (if applicable) 1 Certified Copy
1.5 Certificate of Residency1 1 Original
2. Certificate/s of Eligibility
2.1 Civil Service Commission for CSP and/or BCLTE 1 Authenticated
Copy for each
2.2 Professional Regulation Commission (PRC) applicable eligibility
2.3 Bar
1 Certified Copy
3. Relevant Training Certificates2
each
1 Certified Copy
4. Performance Evaluation for the last two (2) rating periods3
each
B. LGU Requirements
1. Recommendation Letter of Local Chief Executive, with the
1 Original*
following:
1.1 Sworn Statement of Non-Prohibited Relationship4 1 Original*
1.2 Certification of Availability of Funds5 1 Original
1.3 Approved Plantilla Schedule for the current year 1 Certified Copy
1.4 Publication of Vacancy (not beyond 3 months old)
1 Original
and Posting, with Qualification Standards6
1.6 Certificate of SPMS Compliance 1 Certified Copy
1.7 If applicable, provide justification/certification for: 1 Original for each
a. Quantum Leap in Salary Grade applicable case
b. Dearth of Applicants/Inclusion of Applicants from Other or include in the
LGUs recommendation
c. Non-inclusion of Next-in-Rank Employees letter
1.8 Government Issued ID with Photo and Signature of LCE 1 Certified Copy
Additional Requirement for Assistant Local Treasurer:
Certificate of Compliance with Sec. 325 of Republic Act No. 71607
135
LTOM, 2ND EDITION
ANNEX B
Second Level Basic Documentary Requirements
for Appointment of Local Treasurers and Assistant Local Treasurers
Document Remarks
136
FORMS AND ANNEXES
ANNEX C
Sample Letter of Recommendation of Local Chief Executive
Date
NINO RAYMOND B. ALVINA
Executive Director
Bureau of Local Government Finance Manila
Thru: [NAME OF REGIONAL DIRECTOR]
Regional Director, BLGF Regional Office No. __
Dear Executive Director ALVINA:
In the exigencies of the service and in view of the vacancy of the [Provincial/City/
Municipal Treasurer/Assistant Treasurer] of this [Province/City/Municipality], I am
recommending the following personnel for the Bureau’s evaluation from which the
Secretary of Finance shall appoint, in accordance with Republic Act No. 7160 and
DOF Department Personnel Order No. 477.2019, to wit:
Remarks/Brief Summary
Name Position, Official Station
of Qualifications
1.
2.
3.
add rows if there are additional recommendees
Please find enclosed herein the following supporting documents for your perusal:
1. Personal Data Sheet and other supporting documents of the above
recommendees;
2. Sworn Statement of Non-Prohibited Relationship with the above
recommendees;
3. LGU Certification of Availability of Funds;
4. Approved Plantilla Schedule of the LGU for the current year;
4. Publication of Vacancy and Posting;
5. Certificate of SPMS Compliance from CSC;
6. Other justifications (if applicable); and
7. Government-issued ID with Photo and Signature of the undersigned.
Thank you.
Sincerely yours,
[Signature]
[NAME OF GOVERNOR/MAYOR]
[Position]
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LTOM, 2ND EDITION
ANNEX D
NOTIFICATION OF DEFICIENCY IN DOCUMENTARY REQUIREMENTS
MAYOR/GOVERNOR _______
Province/City/Municipality of ______
Subject : Notice of Deficiency of Requirements for Local Treasury
Appointment
Dear Mayor/Governor _______
This has reference to the proposed appointment of Provincial/City/Municipal
Treasurer/Assistant Treasurer of the Province/City/Municipality of _______ , per your
letter of recommendation dated _____ , received by this Office on _______.
Please be informed that upon perusal of the documents submitted, the following
deficiencies and observations have been found:
Name of Recommendee:
Documentary Requirement from Individual Remarks/Instruction
1.
2.
3.
Documentary Requirement from LGU Remarks/Instruction
1.
2.
3.
In accordance with the policy of this Bureau, it is respectfully requested that the
above-listed documents be fully accomplished and completely submitted within thirty
(30) days from receipt of this notification. Otherwise, we will be constrained to return
the entire set of documents for appointment without action.
Thank you.
138
FORMS AND ANNEXES
ANNEX E
COMPLIANCE EVALUATION OF REQUIREMENTS FOR APPOINTMENT
First Level Process: BLGF Regional Office No.
139
LTOM, 2ND EDITION
This is to CERTIFY that the BLGF Regional HRMPSB has received and
evaluated the documents for the appointment of ______________________
in the Province/City/Municipality of _________________________, finding
said documents complete, in order, and in accordance with existing rules and
regulations.
Issued by: Noted by:
140
FORMS AND ANNEXES
141
LTOM, 2ND EDITION
ANNEX F
COMPLIANCE EVALUATION OF REQUIREMENTS FOR APPOINTMENT
Second Level Process: BLGF Central Office
1 Certified
5.Marriage Certificate (for married female only)
Copy
6.Acceptance of a Lower Salary (if applicable) 1 Original
This is to CERTIFY that the BLGF Central HRMPSB has received and evaluated the
documents for the appointment of ___________________________________ in the
Province/City/Municipality of ___________________________________, found said
documents complete, in order, and in accordance with existing rule s and regulations.
Issued by: Noted by:
142
FORMS AND ANNEXES
Expiration Date
Regional HRMPSB Secretary Regional HRMP
Date Signed: ___________ Date Signed: _
143
LTOM, 2ND EDITION
t/Reason of Vacancy
NDEE NO. 1 NAME OF RECOMMENDEE NO. 2 NAME OF RECOMMENDEE NO. 3
& Office Current Position & Office Current Position & Office
RO CO RO CO RO CO
Particulars Particulars
Score Score Score Score Score Score
- - - - - - - -
144
FORMS AND ANNEXES
145
LTOM, 2ND EDITION
146
FORMS AND ANNEXES
The initial action or recommendation of the Provincial Treasurers under Items 3.4.2,
3.5.2, 3.6.2, 4.2, 5.2, and 8.2 shall be with respect only to their authority over LTs
and ALTs of component cities and municipalities within their respective jurisdictions.
The final action to be signed by the BLGF Executive Director or the concerned BLGF
Regional Director, as the case may be, shall bear the notation “By Authority of the
Secretary of Finance:”.
147
LTOM, 2ND EDITION
DSO No. 01-2018 amended the applicable provisions in the Local Treasury Operations
Manual (LTOM) issued under Department Orders (DOs) No. 013.2018 and 10-08
dated 19 December 2017 and 26 March 2008, respectively, Department Personnel
Order (DPO) No. 515.2017 dated 27 July 2017, and repeals DPO No. 335-03 dated
1 October 2003, DPO No. 321-00 dated 17 November 2000, DPO No. 305-00 dated
27 October 2000, and Department Special Order No. 6-92 dated August 21, 1992.
Legend: ‘ – ’ denotes sequential action / indorsement; and ‘ / ’ denotes alternative action / indorsement;
148
FORMS AND ANNEXES
ANNEX 6
REPUBLIC OF THE PHILIPPINES
BUREAU OF LOCAL GOVERNMENT FINANCE
DEPARTMENT OF FINANCE
8th Floor EDPC Building, Bangko Sentralng Pilipinas Complex
Roxas Boulevard, Manila 1004• Telefax Nos. 527-2780 / 527-2790
E-mail: blgf@blgf.gov.ph
The BLGF developed the Manual for the Local Public Financial Management Tools for the
electronic Statement of Receipts and Expenditures (eSRE). This Manual is the result of
the comprehensive studies under the auspices of the Asian Development Bank Technical
Assistance projects since 2007 (ADB TA 4556, ADB TA 4778, ADB TA 7451) and the European
Union project “Support for Local Government Units for More Effective and Accountable Public
Financial Management” (LGU PFM 2) for the BLGF and the local treasury offices.
The Manual describes the BLGF Revenue Forecasting Model which utilizes the eSRE
data and is incorporated in the eSRE system. The forecasting model generates annual
revenue forecasts for key LGU own-source revenue items per LGU, which serves as
the basis for the annual regular revenue targeting exercise. These targets are then
subjected to a revenue target reconciliation process, also prescribed in this Manual,
which involves the BLGF Regional Office and the LGU’s treasury office. The agreed
revenue targets will be used for the annual budgeting exercise. The Manual guides
the BLGF Central Office and LGUs on the meaning and use of the revenue forecasts
and the target reconciliation process.
149
LTOM, 2ND EDITION
2. Guidebook for the New Local Government recommends Activities leading to the
adoption of the LGU revenue and cash flow forecasting Tool shall be included in the
regular functions of the BLGF particularly of its Regional Offices.
The New LGFPMS, which improved on the original LGFPMS, a set of twenty
(20) indicators - levels, ratios and percentages - clustered into four main areas:
revenue indicators, expenditure indicators, debt and investment capacity indicators,
and financial management capacity indicators. The Guidebook for the New Local
Government Financial Performance Monitoring System describes in detail the
composition of each of these indicators, how they are computed using the eSRE
database, what they mean in terms of measuring performance in public financial
management, how they are currently being utilized, in part or in whole, and how they
can be prospectively utilized.
Activities leading to the adoption of the Manual for the Local Public Financial Management
Tools for the electronic Statement of Receipts and Expenditures (eSRE) shall be included in
the regular functions of the BLGF.
All concerned are hereby enjoined to support the implementation of the above mentioned
Local Public Financial Management Tools.
150
FORMS AND ANNEXES
ANNEX 7
Republic of the Philippines
DEPARTMENT OF FINANCE
Roxas Boulevard Corner Pablo Ocampo, Sr. Street
Manila 1004
1.0 LEGAL BASES. This Department Order (DO} is issued to establish the LGU Fiscal
Sustainability Scorecard as the official LGU fiscal and financial performance evaluation
system of the DOF, through the BLGF, under the following legal bases:
1.1 Executive Order (EO) Nos. 127, 127-A and 292 mandate the Department of Finance
(DOF} to be responsible for the formulation, institutionalization and administration
of fiscal policies, in coordination with other concerned subdivisions, agencies and
instrumentalities of the government, and to supervise the revenue operations of all
LGUs;
1.2 EO No. 127 mandates the BLGF to assist in the formulation and implementation
of policies on local revenue administration and fund management, and to exercise
administrative, technical supervision and coordination over the treasury and
assessment operation of local governments;
1.3 Department of Budget and Management - Department of the Interior and Local
Government - DOF - National Economic Development Authority (DBM-DILG-DOF
NEDA) Joint Memorandum Circular (JMC) No. 2015-1, dated 24 February 2015, sets
the LGl,J Public Financial Management (PFM) Reform Roadmap and Implementation
Strategy to attain the Philippine Development Plan’s goal of inclusive growth and
poverty reduction, to promote good governance and strong PFM at the local levels,
and to enjoin the DOF, particularly the BLGF, to lead in capacitating LGUs in resource
mobilization, revenue generation and related treasury and assessment enhancement
tools;
1.4 Sec. 12.3 and Sec. 12.4 of DILG-NEDA-DBM-DOF JMC No. 1 Series of 2016, dated
18 November 2016, requires the DOF, through the BLGF, to provide the following
performance measurements systems: (i) Local Government Financial Performance
Management System; (ii) Local Government Fiscal Sustainability .Scorecard; (iii)
Local Treasurers Performance Standards; and (iv) Creditworthiness Rating Index;
and to mainstream them ihto local PFM, and harmonize and complement them
through the LGU Integrated Financial Tool (LIFT);
1.5 DBM-DOF-DILG-JMC No. 2018-1, dated 12 July 2018, enjoins the adoption of the
modified format for the Statement of Receipts and Expenditures (SRE) of LGUs and
the updated guidelines in the preparation and submission thereof;
1.6 DOF DO No. 23-08, dated 29 July 2008, prescribes the New Income Brackets for
the Re-Classification of Provinces, Cities and Municipalities and amending for the
purpose DOF DO No. 20-05, dated 29 July 2005;
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LTOM, 2ND EDITION
1.7 DOF DO No. 08-2011, dated 11 February 2011, specifies the adoption of the
Statement of Receipts and Expenditures (SRE) as the official reporting system on local
government fiscal and financial operations and providing the rules and regulations
therefor;
1.8 DOF DO No. 034-2014, dated 26 May 2014, provides for the amendment of Sections
3, 8 and 9 of the DO No. 08-2011 dated 11 February 2011 by stipulating the submission
of timely and/or accurate SRE reports;
1.9 Sec. 219 of the LGC which states that the provincial, city or municipal assessor shall
undertake a general revision of real property assessment within two (2) years after
the effectivity of the Code and every three (3) years thereafter; and
1.10 Sections 1 and 2 of the DOF DO No. 059.2015, dated 28 May 2015, requires the
electronic submission of the Quarterly Reports on Real Property Assessments
(QRRPA) module in the electronic SRE system.
2.0 RATIONALE AND OBJECTIVES. In order to improve the revenue collection efficiency of
all LGUs, optimize their income generation mandates under the LGC, enjoin good fiscal
.governance at all levels, and promote openness and transparency in local fiscal and
financial management, the LGU Fiscal Sustainability Scorecard (FSS), hereinafter referred
to as “LGU FSS”, is hereby established to be the regular evaluation and assessment tool
for LGUs in order to: (1) regularly assess individual LGU fiscal and financial performance;
(2) provide comprehensive metrics and data analytics on local finance; ·{3) support
credit financing assessment; (4) Assist in local and national policy formulation; and (5)
encourage the development of appropriate rewards system.
3.0 SCOPE AND DATA SOURCE OF THE LGU FSS. The LGU FSS shall cover all provinces,
cities and municipalities, and shall be regularly developed and updated by the BLGF as
part of its regular programs to build and sustain good fiscal governance by LGUs. The
primary data source shall be the eSRE and QRRPA modules under the LGU Integrated
Financial Tools (LIFT) System being maintained by the BLGF for all LGUs. Additional
official references shall be considered in regard to benchmarks and reporting compliance
requirements, such as population data and growth rate, SMV ordinance, among others.
4.1 The SRE, as the official financial management reporting prescribed by the DOF
to monitor LGUs’ financial performance, shall be used as the key data source in
computing and analyzing the LGU FSS.
4.3 Quantitative parameters shall be designed to gauge the fiscal and financial
performance assessment of lGUs which shall include indicators assessing the
revenue, expenditures, debt and investment, and financial management capacity.
Qualitative parameters, on the other hand, shall be used to measure the behavioral
and other non-financial indicators, which shall include compliance with reportorial
duties and responsibilities as required by the DOF and BLGF; and
4.4 In setting the baselines and benchmarks, the LGU level, i.e. province, city and
municipality, income classification or income bracketing, and similar other clustering
mechanisms shall be considered in the performance evaluation.
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FORMS AND ANNEXES
5.1 The LGU FSS shall consist of two (2) indicators: (1) the Financial (Quantitative)
Indicators, which shall constitute 90 percent of the total score, and (2) the Non
Financial (Qualitative) Indicators, which shall constitute the remaining 10 percent.
5.2 There shall be three (3) key result areas (KRAs) for the Financial (Quantitative)
Indicators, namely: {i) Revenue Generation Capacity, (ii) Local Collection Growth and
(iii) Expenditure Management. For Non-Financial (Qualitative) Indicators, the focus
shall be on reportorial compliance on the (i) eSRE, (ii) SMV and (iii) QRRPA.
5.3 To measure the outputs and outcomes of local treasurers under Financial (Quantitative)
Indicators, the following sub-KRAs on local revenue generation and fund manage_
ment shall be measured:
5.3.1 Revenue Generation Capacity. The total weight of this indicator shall be
distributed to the six (6) sub-KRAs following the formula below:
5.3.2 Local Collection Growth. The total weight of this indicator shall be distributed
to the two (2) sub-KRAs, which shall be the main drivers of ownsource revenue
performance, following the formula below:
a. Tax Revenues is the sum of collections from real property tax (excluding
SEF), other tax and tax on business; and
a. Expenditure per Capita is the amount spent by the LGU per constituent for
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LTOM, 2ND EDITION
b. Use of IRA for Local Development Projects. Sec. 287 of the LGC: each
LGU shalf appropriate in its annual budget no less than twenty percent
(20%) of the annual IRA for development projects;
5.4 For Non-financial (Qualitative) Indicators, the following sub-KRAs shall be measured
with regard to reportorial duties and responsibilities of local treasurers and assessors,
as required by the DOF and the BLGF, and the statutory requirement of the LGC in
regard to updating local revenue bases, as follows:
5.4.1 Submission of Timely and Accurate eSRE Reports in relation to DOF DO No.
8-2011, as amended;
5.5 In the case of municipalities, the Non-Financial (Qualitative) Indicator shall only
pertain to Submission of Timely and Accurate eSRE Reports in relation to DOF DO
No. 8-2011, as amended;
5.6 The rating scheme for the above mentioned KRAs shall be based on statistical baselines
and standards according to LGU level and income bracketing or classifications;
5.7 The detailed sub-KRAs for both financial and non-financial indicators, including the
prescribed parameters, benchmarks and rating system, are provided in Annex B
hereof; and
5.8 The prescribed templates for the LGU FSS are provided in Annex C (Provinces and
Cities) and Annex D (Municipalities) hereof.
6.0 RATING. There shall be six (6) rating levels based on the consolidated weighted scores
from all performance indicators using the below point rank and final rating scheme:
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FORMS AND ANNEXES
7.0 COVERAGE OF RATING PERIOD. The fiscal performance evaluation for LGUs shall be
undertaken by the BLGF annually for every full fiscal year or from January 1 to December
31 of the immediately preceding year.
8.0 RESPONSIBILITIES OF THE BLGF. The BLGF, as the policy and technical arm of the
DOF in supervising the revenue operations of LGUs, shall implement this Order and be
responsible for the following:
8.1 Undertake the LGU FSS and complete the evaluation no later than every September
30 of the current year;
8.2 Issue the necessary implementing guidelines and procedures through appropriate
office orders or circulars;
8.3 Conduct periodic review of the parameters used in the LGU FSS and make the
necessary adjustments on the sub-KRAs, maximum score, weights, and corresponding
rating to ensure statistical robustness of the models, subject to the approval of the
Undersecretary for Revenue Operations Group;
8.4 Analyze the results of the LGU FSS and publish an annual report therefor;
8.5 Sign, approve, and disseminate the official LGU FSS results;
8.6 Post and publish electronically the individual LGU FSS results;
8.7 Use the individual LGU FSS as basis in evaluating further the treasury and assessment
operations of the LGUs; and
8.8 Use and recommend individual LGU FSS as component of performance-based grant
system and awards of other government agencies.
9.0 REPEALING CLAUSE. All Department orders, memoranda, circulars or other issuances
or parts thereof that are inconsistent herewith are hereby deemed repealed and/or
modified accordingly.
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LTOM, 2ND EDITION
10.0 EFFECTIVITY. This Department Order shall take effect fifteen (15) days after its
publication in the Official Gazette and the UP Office of the National Administrative
Register or in a newspaper of general circulation in the Philippines.
CARLOS G. DOMINGUEZ
Secretary
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FORMS AND ANNEXES
Annex A
The LGFPMS of the BLGF serves provides the LGU fiscal and financial performance evaluation
framework, covering twenty (20) financial and service delivery indicators, grouped as follows:
1. Revenue Indicators (8): These are indicators that reflect revenue generation
capacity, and measure revenue stability, predictability of local revenues, and degree
of local government control over local revenues;
2. Expenditure Indicators (6): These are indicators that reflect expenditure rigidity and
define the degree of flexibility in allocating resources for different purposes;
3. Debt and Investment Capacity Indicators (5): These are indicators that define the
extent to which the LGU service debt obligations and consider the importance of
capital expenditures and capacity to attract long-term financing for investments; and
The specific indicators and ratios under the LGFPMS are listed as follows:
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LTOM, 2ND EDITION
The LGU FSS also looks into the overall fiscal performance of LGUs according to four (4) basic
typologies using the combined financial performance indicators and service delivery indicators
to describe the profile of LGU revenue and expenditure patterns, and to measure improved
constituency welfare via improved service delivery using local finance data, as follows:
Type 1: Good Revenue; Good Expenditure; Type 3: Poor Revenue; Good Expenditure; and
Type 2: Good Revenue; Poor Expenditure; Type 4: Poor Revenue; Poor Expenditure.
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FORMS AND ANNEXES
Annex B
A. Financial (Quantitative) Indicators- 90%. The following KRAs and scores shall be
used:
No. KRA Score
1 Revenue Generation Capacity 60
2 Local Collection Growth 10
3 Expenditure Management 20
Total 90
1. Revenue Generation Capacity (60 points). The total weight of this KRA shall be
distributed to six (6) sub-KRAS, namely: (i) Regular Income Level, (ii) Local Revenue
Level, (iii) Local Revenue Growth, (iv} Dependence on Locally Sourced Income, (v)
Dependence on IRA, and (vi) Dependence on Other Shares from National Tax Collection.
1.1. Regular Income Level (5 points) 1.2. Local Revenue Level (10 points)
Parameter Rating Weight Parameter Rating Weight
Mean+50% Very Good 5 Mean+50% Very Good 5
Mean+25% Good 4 Mean+25% Good 4
Mean Fair 3 Mean Fair 3
Needs Needs
Mean-25% 2 Mean-25% 2
Improvement Improvement
Mean-50% Poor 1 Mean-50% Poor 1
Maximum Score 5 Maximum Score 5
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LTOM, 2ND EDITION
2. Local Collection Growth (10 points). The total weight of this KRA shall be distributed to
the two (2) KRAs, namely: (i) Tax Revenues, and (ii) Non-Tax Revenues.
3. Expenditure Management (20 points). This KRA focuses on the expenditure profile of
LGUs and measures utilization of funds according to statutory limitations. The total weight
of this indicator shall be distributed to the four (4) sub-KRAs, namely: (i) Expenditure per
Capita, (ii) Use of IRA for Local Development Projects, (iii) Limitation on Expenditure for
Personal Services and (iv) Limitation on Debt Service.
3.1. Expenditure Per Capita (5 points) 3.2. Use of IRA for Local Development
Parameter Rating Weight Parameter Rating Weight
Mean+50% Very High 5 >20% Passed 5
Mean+25% High 4 <20% Failed 0
Mean Fair 3 Maximum Score 5
Mean-25% Low 2
Mean-50% Very Low 1
Maximum Score 5
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FORMS AND ANNEXES
Annex B
B. Non-Financial (Qualitative) Indicators -100/4. The following KRAs and scores shall
be used:
C. Adjustments for Municipal FSS. In the case of municipalities, the Non-Financial (Qualitative)
Indicator shall only pertain to Submission ofTimely and Accurate eSRE Reports, in relation to
DOF DO No. 8-2011, as amended, which shall have a weight of 10 points.
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LTOM, 2ND EDITION
Annex B
D. Summary of Indicators. Below is the summary of the two (2) indicators and six (6) KRAs:
For Municipalities
Maximum
Maximum
KRAs Weight Weighted
Score
Score
A. Financial 1. Revenue Generation Capacity 60
(Quantitative) 2. Local Collection Growth 10 90% 90 points
Indicators
3. Expenditure Management 20
B. Non-
Financial
4. SRE Compliance 10 10% 10 points
(Qualitative)
Indicators
Total 100% 100 points
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FORMS AND ANNEXES
Annex C
DEPARTMENT OF FINANCE I BUREAU OF LOCAL GOVERNMENT FINANCE
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LTOM, 2ND EDITION
DATA SOURCES: LGU Treasurer’s Electronic Statement of Receipts and Expenditures (BLGF
run date of ________ _, LGU Assessor’s Quarterly Reports on Real Property Assessment for the
applicable years, and approved LGU Schedule of Market Values
• Rating scheme for KRAs 1.1, 1.2, 1.4, 1.5 and 1.6 was based on performance according to income classification
"in relation to average performance of LG Us within the same income
classification. NI= Needs Improvement
'Total regular Income is the sum of locally sourced income (excluding SEF), current year's IRA+ other shares from
national tax collection. Other Income/receipts were not considered
due to reporting errors.
• Total revenues collected from real property tax (basic), business tax, other taxes, regulatory fees, user charges,
and income from economic enterprise.
•%share of local revenues (excluding Other Receipts) to total regular income
• Based on __ Census, with __ % projected annual growth for FY __ .
• At least 20% of IRA should be utilized for local development projects (LGC Sec. 287)
, Not to exceed 45% of the annual regular income realized in the next preceding fiscal year for 1st - 3rd Income
class LGUs or 55% for 4th or lower Income dass LGUs (LGC Sec. 325a)
• Expenditures for debt servicing not to exceed 20% of the regular Income for the fiscal year (LGC Sec. 324a)
• Based on the weighted score for all quantitative (KRAs 1, 2 & 3) and qualitative (KRAs 4, 5 & 6) Indicators: 100%
= 90% Quantitative KRAs + 10% Qualitative KRAs
• Re-computed based on the latest FY __ report per BLGF run date of _____ .
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FORMS AND ANNEXES
Annex C
2. Local Revenue
Tax Revenues
Real property tax (Basic)
Tax on Business
Other Taxes
Non-tax Revenues
Regulatory Fees
User/Service Charges
Income from Econ. Enterprise
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LTOM, 2ND EDITION
Very Good= 50% higher than the average value (Dependence on locally sourced income was assessed
Good = 25% higher thin the average value
using the same scale but on per LGU type basis)
Fair= Average
Needs Improvement= 25% lower than the average value
Total Expenditure per Capita was assessed according
Poor= 50% lower than the average value
to LGU Type
IRA Dependence was assessed according to LGU Type
Very High= 50% higher than average value
Very Low= Less than 50%
High= 25% higher than average value
Low= Greater than 50% but less then 60%
Fair= Average dependence for municipalities: 60%-70% Fair= Average
High= Greater than 70% but less than 80% Low= 25% lower than average value
Very High= Greater than 80% Very Low= 50% lower than average value
Use of IRA for Local Dev’t Projects: PASSED = Ratio is greater than or equal to 20% else, FAILED
Limitation on PS Expenditure : PASSED: <=45% for 1st - 3rd Class LGUs, <=55% for 4th to lower income class LGUs;
else FAILED
Debt Service Ratio: PASSED: Expenditures for debt servicing is less than or equal to 20% of regular Income; else, FAILED
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FORMS AND ANNEXES
Annex C
DEPARTMENT OF FINANCE I BUREAU OF LOCAL GOVERNMENT FINANCE
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LTOM, 2ND EDITION
DATA SOURCE: LGU Treasurer’s Electronic Statement of Receipts and Expenditures (BLGF run
date of _______)
• Rating scheme for KRAs 1.1, 1.2, 1.4, 1.5 and 1.6 was based on performance according to income classification
"in relation to average performance of LG Us within the same income
classification. NI= Needs Improvement
'Total regular Income is the sum of locally sourced income (excluding SEF), current year's IRA+ other shares from
national tax collection. Other Income/receipts were not considered
due to reporting errors.
• Total revenues collected from real property tax (basic), business tax, other taxes, regulatory fees, user charges,
and income from economic enterprise.
•%share of local revenues (excluding Other Receipts) to total regular income
• Based on __ Census, with __ % projected annual growth for FY __ .
• At least 20% of IRA should be utilized for local development projects (LGC Sec. 287)
, Not to exceed 45% of the annual regular income realized in the next preceding fiscal year for 1st - 3rd Income
class LGUs or 55% for 4th or lower Income dass LGUs (LGC Sec. 325a)
• Expenditures for debt servicing not to exceed 20% of the regular Income for the fiscal year (LGC Sec. 324a)
• Based on the weighted score for all quantitative (KRAs 1, 2 & 3) and qualitative (KRAs 4, 5 & 6) Indicators: 100%
= 90% Quantitative KRAs + 10% Qualitative KRAs
• Re-computed based on the latest FY __ report per BLGF run date of _____ .
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FORMS AND ANNEXES
Annex D
2. Local Revenue
Tax Revenues
Real property tax (Basic)
Tax on Business
Other Taxes
Non-tax Revenues
Regulatory Fees
User/Service Charges
Income from Econ. Enterprise
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LTOM, 2ND EDITION
Very Good= 50% higher than the average value (Dependence on locally sourced income was assessed
Good = 25% higher thin the average value
using the same scale but on per LGU type basis)
Fair= Average
Needs Improvement= 25% lower than the average value
Total Expenditure per Capita was assessed according
Poor= 50% lower than the average value
to LGU Type
IRA Dependence was assessed according to LGU Type
Very High= 50% higher than average value
Very Low= Less than 50%
High= 25% higher than average value
Low= Greater than 50% but less then 60%
Fair= Average dependence for municipalities: 60%-70% Fair= Average
High= Greater than 70% but less than 80% Low= 25% lower than average value
Very High= Greater than 80% Very Low= 50% lower than average value
Use of IRA for Local Dev’t Projects: PASSED = Ratio is greater than or equal to 20% else, FAILED
Limitation on PS Expenditure : PASSED: <=45% for 1st - 3rd Class LGUs, <=55% for 4th to lower income class LGUs;
else FAILED
Debt Service Ratio: PASSED: Expenditures for debt servicing is less than or equal to 20% of regular Income; else, FAILED
170
FORMS AND ANNEXES
ANNEX 8
Republic of the Philippines
DEPARTMENT OF FINANCE
Roxas Boulevard Corner Pablo Ocampo, Sr. Street
Manila 1004
WHEREAS, consistent with the policies and guidelines of the Civil Service Commission,
a regular, output-oriented, and performance-based appraisal system for local treasurers and
assistant treasurers is necessary towards effective supervision of local treasury operations in
the local governments by the Department;
WHEREAS, the Secretary of Finance has appointing and disciplining authority over
all provincial, city and municipal treasurers and assistant treasurers, pursuant to Sec. 470 and
Sec. 471 of Republic Act No. 7160 (Local Government Code):
Section 1. Purpose. The Performance Standards shall set the criteria and system
on the regular performance appraisal of local treasurers and assistant treasurers. It is the
goal of the Department to evaluate the level of competency, proficiency, professionalism and
productivity of all local treasurers so that their knowledge, skill sets, and strategies are attuned
to the strategic directions and priorities, particularly on local government fiscal and financial
management, of the Department.
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LTOM, 2ND EDITION
BLGF shall institute the appropriate administrative action. In no case shall these performance
standards and guidelines engender solicitation of favors or impose undue patronage on local
treasurers, assistant treasurers or any officials and employees of the Department.
4.1. Operational Performance Goals (OPGs) - 70%. The following OPG indicators
shall measure the outputs and outcomes of local treasurers in local revenue generation and
fund management:
4.2. Competency Performance Goals (CPGs) - 30%. The following CPG indicators
shall measure the behavioral and other non-technical dimensions in the work of local
treasurers:
Section 5. Indicators for OPGs. To operationalize the OPG indicators, the following
specific benchmarks, formula and other parameters shall be adopted:
5.1. Local Collection Efficiency (35 points). This indicator measures the collection
of current and delinquent local revenues based on actual collections vis-a-vis the respective
targets in all local revenue areas. The total weight of this indicator shall be distributed to the
four major local revenue sources, namely: real property tax, business tax, regulatory fees and
service/user charges (hereinafter referred to as “fees and charges”), and business income
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FORMS AND ANNEXES
The weight assignment is further distributed according to the revenue taxing powers of LGUs,
and the historical performance of the four revenue sources for each level of LGU:
5.1.1. If the LGU is operating a local economic enterprise, the standard and weight
distribution to be adopted shall be:
5.1.2. If the LGU is not operating a local economic enterprise, the standard and weight
distribution to be adopted shall be:
5.1.3. Target and Collection Efficiency Parameters. In determining the targets and in
computing the collection efficiency of local revenue sources, the following guidelines shall be
adopted:
5.1.3.1. Real Property Tax (RPT). For purposes of OPG 1, real property tax collection
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LTOM, 2ND EDITION
shall pertain to receipts from basic real property tax, and Special Education Fund,
including collections from current and prior year penalties and properties acquired by
the local government for want of bidder. In determining the RPT target, the current
year collectibles and the cumulative collectible delinquencies for the last five (5) years
only, based on the Quarterly Report on Real Property Assessments, as reported by
the local assessors shall be computed. The parameters to be adopted in determining
the target, collections, and collection efficiency shall be:
Item Formula
Collection RPT Current Year Collection+ Prior Year (Basic)+ Prior Year
Penalty (Basic)+ Prior Year (SEF) + Prior Year Penalty (SEF)
Target (Total Current Collectibles x 80%) +
(Cumulative Five-Year Delinquencies x 35%)
Efficiency Collection/ Target
5.1.3.2. Business and Other Taxes, Fees and Charges, and Income from Economic
Enterprise. The targets/collectibles for business and other taxes, regulatory fees, and
service/user charges, and income from economic enterprise shall be determined by
the BLGF using an annual regional Incremental Factor, to be based on the prior year’s
gross regional domestic product (GROP), as determined by the National Economic
and Development Authority, and prior year’s inflation rate as may be applicable to
Metro Manila or other areas outside Metro Manila. The parameters to be adopted in
determining the target, collections, and collection efficiency shall be:
Item Formula
Collection Tax on Business (Current Year) + Other Taxes (Current Year)
Target (Tax on Business [Current Year] +
Other taxes (Current Year) x Incremental Factor
Efficiency Collection/ Target
Item Formula
Collection Regulatory Fees (Current Year)+ Service/User Charges (Current
Year)
Target (Regulatory Fees [Prior Year] + Service/User Charges [Prior
Yearn x Incremental Factor
Efficiency Collection/ Target
Economic Enterprise
Item Formula
Collection Income from Economic Enterprise (Current Year)
Target Income from Economic Enterprise (Prior Year) x Incremental
Factor
Efficiency Collection/ Target
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FORMS AND ANNEXES
5.1.3.3. Issuance of Targets. The BLGF shall issue local revenue targets to all local
treasurers not later than May 31 every year.
5.1.3.4. Concurrence of Local Treasurers with the BLGF Targets. Upon issuance of
the local revenue targets, local treasurers may request for adjustment by reason of
force majeure, civil disturbance, natural calamity or any cause or circumstance, which
legally prevents the treasurer from enforcing collection. If no adjustment is requested
and approved by the BLGF within thirty (30) days upon issuance of the targets. the
original targets, as issued, shall be adopted as basis for computing OPG 1.
5.2. Stable and reliable level of revenue growth (20 points). This indicator measures
the efforts of local treasurers in ensuring stable and progressive growth in local revenue
collections. Growth is measured based on the nominal increase in the immediately preceding
fiscal year’s collections in all local revenue areas. Similar to OPG 1, the total weight of this
indicator shall be distributed to the four major local revenue sources, namely: real property tax,
business tax, fees and charges, and economic enterprise. The weight assignment is further
distributed according to the revenue taxing powers of LGUs, and the historical performance of
the four revenue sources for each level of LGU.
5.2.1. If the LGU is operating a local economic enterprise, the standard and weight
distribution to be adopted shall be:
5.2.2. If the LGU is not operating a local economic enterprise, the standard to be
adopted shall be:
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LTOM, 2ND EDITION
5.3. Optimum Fund Management - General Fund and Special Education Fund (15
points). This indicator measures the management of the cash flow for payment of obligations
and in optimizing fund utilization and managing expenditures to ensure that released allotments
are adequately covered by available cash and/or future collections. This indicator, accounts
for the net ending cash balance, together with the total receipts from all fund sources, less the
total expenditures for the current fiscal year. The standard to be adopted shall be:
5.4. Institution of Administrative and Judicial Remedies (10 points). This indicator
measures the treasurer’s practical use of the available civil remedies for the collection of any
delinquent local tax, fee, charge, or other revenues within the LGU jurisdiction. Under the
Local Government Code, local treasurers are mandated to institute administrative (distraint or
levy) and/or judicial actions in aid of tax collection enforcement. Five (5) points shall be given
each for the institution of remedies for the collection of delinquent real property tax and for
other local taxes.
5.4.1. For the collection of delinquencies in real property tax, the standard to be
adopted shall be:
Benchmark: Issuance of warrant of levy OR Endorsement to the LGU legal officer of the
institution of civil action
Benchmark scoring:
Warrant/s of levy issued = 1 Endorsement to legal officer = 1
No warrant of levy issued = 0 OR
No endorsement to leqal officer = 0
Formula: Score= Benchmark score x 5 points
Computation: Rating is not dependent on volume of warrants issued or endorsement/s
made to the LGU leqal officer.
Data Source: Certified copy of warrant/s of levy sent to taxpayer; OR Certified copy of
endorsement of treasurer to the LGU legal officer
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FORMS AND ANNEXES
5.4.2. In case the local treasurer has collected already at least 90% of the total current
year collectibles, the full 5 points shall be credited with or without availing of administrative or
judicial remedies for RPT collection.
5.4.3. For the collection of delinquencies in other local taxes, the standard to be
adopted shall be:
Benchmark: Issuance of warrant of distraint AND Endorsement to the LGU legal officer
of the institution of civil action
Benchmark scoring: A
Warrant/s of distraint issued = 0.5 N Endorsement to legal officer = 0.5
No warrant of distraint issued = 0 D No endorsement to legal officer= 0
5.5. Reportorial compliance with DOF requirements (10 points). This indicator
measures compliance with reportorial duties and responsibilities, as required by the
Department, namely, the SRE (DOF DOs 08-2011 and 034- 2014), the Certified List of Real
Property Tax (RPT) Delinquencies (DOF DO 10-08), the Statement of Indebtedness (DOF
LFC 1-2012), and the LGU-BIR Information Sharing (EO 646 and DOF DO 9-08). It shall be
the shared duty of the local treasurer and assistant treasurer to ensure compliance with such
reportorial accountabilities. The standard to be adopted shall be:
5.6. Compliance with COA Rules and Regulations (5 points). This indicator
accounts for the involvement in any irregular or illegal activities of the local treasurer or
assistant treasurer that could adversely affect the financial operations of LGUs and that may
lead to the filing of administrative and criminal complaint/s. This shall be based on any adverse
findings of the Commission on Audit (COA) for which the local treasurer or assistant treasurer
is primarily responsible. The standard to be adopted shall be:
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LTOM, 2ND EDITION
5.7. Cost Effective Local Revenue Collection (5 points). This indicator measures
the ratio of total cost of collection and the actual local revenues collected to determine the
cost effectiveness of the local treasurer and assistant treasurer in local revenue collection.
The ratio determines whether the LGU is subsidizing the cost of collecting the tax, or the tax
is contributing to the revenue coffers of the LGU. The standard to be adopted shall be:
Totai Actual Expenditures = Personal Services (PS) of the Treasurer’s Office+ Maintenance
and Other Operating Expenses (MOOE) of the Treasurer’s Office
6.1. Code of conduct and ethical standards (40 points). This indicator determines
the compliance of local treasurers and assistant treasurers with the code of conduct and
ethical standards of public officials and employees pursuant to Republic Act No. 6713. Full
points shall be given if no disciplinary actions/penalties, namely, (i) reprimand, (ii) fine, or (iii)
suspension (final and executory), have been meted by judicial and quasi-judicial bodies for
offenses or violations of existing laws, rules and regulations. The standard to be used shall be:
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FORMS AND ANNEXES
6.2. Capacity building and professional development (30 points). This indicator
measures the capacity building and development activities availed of or engaged in by local
treasurers and assistant treasurers to improve their technical proficiency, competence, and
skills from duly recognized and bona fide organizations. Such trainings shall be categorized into
(i) Core Trainings, or those trainings, seminars, and workshops that are directly related to fiscal
and financial management, and (ii) Non-Core Trainings or those conferences, conventions,
workshops, and similar activities that enhance leadership, personality, management, and
other skills required to improve competency. The standard to be used shall be:
Benchmark: Core Trainings > 32 hours; Non- Core Trainings > 16 hours
Benchmark scoring:
Core Trainings - 20 points Non-Core Trainings - 10 Points
No. of Hours Weiqht Score No. of Hours Weiqht Score
>80 1 20 > 40 1 10
> 64 but< 80 0.8 16 > 32 but< 40 0.8 8
> 48 but< 64 0.6 12 > 24 but< 32 0.6 6
> 32 but< 48 0.5 10 > 16 but< 24 0.5 5
< 32 0 0 <16 0 0
Remarks: Data to be based on the immediately preceding year’s certified copy of training
certificates to be presented by local treasurers/assistant treasurers.
Computation: Multiply weight (according to the number total training hours by area) with
the benchmark score.
Data Source: BLGF Central/Regional Offices
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LTOM, 2ND EDITION
6.4. Office management tools and support system/s (10 points). This indicator
mea sures the adoption of quality management tools and other innovative support system/s
that improve workplace organization, foster efficient records management, improve service
delivery to clientele, enable better customer service experience to taxpayers, maintain
orderliness in office affairs and transactions, among others. Such tools and support systems
may include the (i) 5S office organization method, (ii) manual or computerized records
management system, (iii) integrated information systems, (iv) quality management certification
systems, etc. The standard to be used shall be:
Benchmark: One (1) working management tool or support system, such as, but not limit-
ed to, those enumerated above.
Benchmark scoring:
Indicator Weight Score
Two (2) or more workinq systems 1 10
One ( 1 ) workinq system 0.75 7.5
No working support system 0 0
Remarks: Evaluation to be based on actual supervisory/ocular visit by the BLGF, in the case
of city and provincial treasurers’ offices (including the lone municipality in Metro Manila),
and by certification of the Provincial Treasurer, in the case of municipal treasurers’ offices.
Remarks: Multiply applicable weight (bv indicator) with the benchmark score.
Data Source/s: BLGF Central and/or Regional Offices
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FORMS AND ANNEXES
Benchmark: One (1) non-traditional collection enforcement strategy, such as, but not
limited to those enumerated above.
Benchmark scoring:
Indicator Weight Score
Three (3) or more workinq strateqies 1 5
Two (2) more working strategies 0.75 3.75
One (1) more workinq strategy 0.5 2.5
No innovative collection strateqie? 0 0
Remarks: Evaluation to be based on (i) submitted proof/documentation or any evidence
of implementation of such strategies by the local treasurer/assistant treasurer, (ii) through
actual supervisory/ocular visit by the BLGF, in the case of city and provincial treasurers’
offices (including the municipality in Metro Manila), and (iii) by certification of the Provincial
Treasurer, in the case of municipal treasurers’ offices.
Remarks: Multiply applicable weight (per indicator) with the benchmark score.
Data Source/s: BLGF Central and/or Regional Offices
Section 7. Rating Scheme and Form. There shall be five rating levels based on the
consolidated scores from all performance indicators using the below point rank and adjectival
rating scheme. The results of the Performance Standards shall be issued in the form as
prescribed in Annex A.
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LTOM, 2ND EDITION
Stage 1: Local Revenue Target Setting. With reference to Section 5, Item 1.3, this
stage shall be undertaken from April to May of the fiscal year prior to the start of
the performance period where targets for all local revenues are determined, issued
and validated with the local treasurers. Upon concurrence and acceptance by the
concerned local treasurer and assistant treasurer, such targets shall be deemed final.
Stage 3: Data Validation and Rating. The actual performance evaluation shall begin
in June of the subsequent fiscal year that is subject of the performance evaluation
and shall conclude in October of the same year. As such, the BLGF Central Office
shall first release the preliminary data/results of applicable OPG indicators to all
BLGF Regional Offices no later than the end of June every year. Subsequently, the
BLGF shall notify all local treasurers and assistant treasurers to submit the pertinent
documents required in the OPG and CPG indicators that cannot be generated by the
eSRE system. Within two (2) months after the release of SRE data, the validation
and confirmation of the results of the evaluation shall be completed for approval by
the BLGF. The BLGF may delegate only to the Provincial Treasurers the gathering
and consolidation of documents required from municipal treasurers, but it shall be the
sole duty of the BLGF to rate, determine, and discuss the results of the performance
of all treasurers and assistant treasurers. The Checklist of requirements is attached
as Annex B.
Section 10. Performance Evaluation Group. The BLGF shall constitute the
Personnel Evaluation Group (PEG) for Local Treasurers and Assistant Treasurers, under the
Administrative, Financial and Management Service, with counterpart structure in all BLGF
Regional Offices. The PEG shall take charge of all performance planning, programming, and
implementation activities, and action on appeals, to ensure a synchronized and objective
evaluation of all local treasurers and assistant treasurers. Further, the PEG, which shall
be headed by the Executive Director, shall review and recommend for the approval of the
Secretary of Finance all performance evaluation results of local treasurers and assistant
treasurers.
Section 11. Accuracy and Integrity of Evaluation Tools and Data Sources. The
BLGF shall ensure that the data sources, systems and tools, as identified in all the OPG and
CPG indicators, to be used in the performance evaluation of local treasurers and assistant
182
FORMS AND ANNEXES
treasurers are verified, true and accurate. The necessary management information systems,
tools and procedures shall be adopted to ensure timely, accurate and reliable monitoring and
reporting to support the efficient conduct of performance evaluation. The use of falsified data
and evidence of performance shall be subject to the appropriate administrative sanctions.
Section 12. Appeals. Considering that the outcome of the annual performance
evaluation may affect tenure, and other personnel actions, such as promotion and performance
recognition, local treasurers and assistant treasurers have the right to appeal within ten (10)
days upon receipt of the evaluation by the BLGF.
Section 13. Personnel Action and Capacity Building Interventions. The BLGF
shall introduce appropriate capacity building programs and other remedial interventions
based on the results of the performance evaluation, especially for treasurers and assistant
treasurers who receive “Unsatisfactory” and “Poor” performance ratings. In the event that
a local treasurer or assistant treasurer receives “Poor” rating in two consecutive evaluation
periods, the BLGF shall institute the appropriate administrative sanction pursuant to the
Revised Rules on Administrative Cases in the Civil Service.
Section 14. Penalty Clause. Failure to comply with the provisions of this Order
shall be a ground for an administrative sanction for violation of reasonable office rules and
regulations, and neglect of duty for non-compliance with this Order.
Section 15. Repealing Clause. All orders, memoranda, circulars or other issuances
or parts thereof that are inconsistent with this Department Order are hereby deemed repealed
and/or modified accordingly.
Section 16. Separability Clause. If any part of this Department Order is declared by
the courts as unconstitutional or contrary to existing laws, the other parts shall remain in full
force and effect.
Section 17. Effectivity. This Department Order shall take effect immediately upon its
publication in a newspaper of nationwide circulation.
CESAR V. PURISIMA
Secretary of Finance
183
LTOM, 2ND EDITION
-ANNEX A-
DEPARTMENT OF FINANCE
Bureau of Local Government Finance
Legend
Score Adjectival Rating Total Score
> 95 to 100 Level 5 - Outstanding (I + II)
> 85 to < 95 Level 4 - Very Satisfactory
> 75 to < 85 Level 3 - Satisfactory
Adjectival
> 65 to < 75 Level 2 - Unsatisfactory
Rating
< 65 Level 1 - Poor
__________________________________ __________________________________
Name of Signature of RD/ED Name of Signature of Ratee
Approved by:
__________________________________
Secretary of Finance
Issued this __ day of 20___
184
LOCAL TREASURY
OPERATIONS MANUAL
2ND EDITION
DEPARTMENT OF FINANCE
BUREAU OF LOCAL GOVERNMENT FINANCE
Manila, Philippines
Local Treasury Operations Manual (LTOM), 2nd Edition
ISBN: 978-971-94098-8-5
No part of this book may be reproduced in any form or by any means without the express
permission of the copyright owner and the publisher.
i
TABLE OF CONTENTS
TABLE OF CONTENTS
Section 36. Definition of Terms vi
CHAPTER 1 1
TAXING POWERS OF LOCAL GOVERNMENT UNITS (LGUs)
Section 37. Power of LGUs to Create Sources of Revenue 1
Section 38. Fundamental Principles of Taxing and Other Revenue 1
Raising Powers of LGUs
Section 39. Power of LGUs to Levy Taxes, Fees or Charges 4
Section 40. Authority to Adjust Tax Rates 4
Section 41. Valid Tax Ordinances and Revenue Measures 5
Section 42. Taxing Powers of Provinces 10
Section 43. Taxing Powers of Cities 11
Section 44. Taxing Powers of Municipalities 12
Section 45. Taxing Powers of Municipality within the 12
Metropolitan Manila Area (MMA)
Section 46. Common Limitations on the Taxing Powers of LGUs 13
Section 47. Collection of Taxes 14
CHAPTER 2 16
SOURCES OF INCOME
Section 48. Professional Tax 16
Section 49. Community Tax 18
Section 50. Real Property Tax 21
Section 51. Special Provisions 31
Section 52. Special Education Fund (SEF) 33
Section 53. Special Levy on Idle Lands 34
Section 54. Special Levy on Lands Benefited by Public Work Projects 35
Section 55. Disposition of Proceeds 36
Section 56. Tax on Transfer of Real Property Ownership 38
Section 57. Local Business Tax 39
Section 58. Tax on Sand, Gravel, and Other Quarry Resources 46
Section 59. Tax on Delivery Trucks or Vans 47
Section 60. Amusement Tax 47
Section 61. Franchise Tax 49
Section 62. Tax on Printing and Publication 51
Section 63. Tax Revenues – Fines and Penalties 51
Section 64. Share from Internal Revenue Allotment (IRA) 51
Section 65. Share from Expanded Value Added Tax (VAT) 56
Section 66. Share from National Wealth 60
Section 67. Share in the Proceeds of the Tobacco Excise Tax 66
Section 68. Share from Economic Zones 69
Service 69. Service Income 69
Section 70. Business Income 79
ii
LTOM, 2ND EDITION
CHAPTER 3 95
COLLECTION PROCEDURES
Section 79. Designation of Collecting Officers 95
Section 80. Prohibition from Holding Other Positions as Cashier 95
or Treasurer
Section 81. Acknowledgment of Collections 95
Section 82. Use of Electronic Official Receipts (eORs) to Acknowledge 96
Collection of Income and Other Receipts of Government
Section 83. Procedures for Handling Collections Received 98
through the Mail
Section 84. Checks Received in Payment for Taxes 98
or Other Indebtedness to the LGU
Section 85. Handling of Dishonored Checks Received in Payment 101
of Taxes and Other Indebtedness to the Government
Section 86. Control of Official Receipts and other Accountable Forms 105
Section 87. Control of Collections 111
Section 88. Deposit of Collections 111
Section 89. Designation of Liquidating Officers 114
Section 90. Reporting for Collections and Deposits 114
Section 91. Receipt and Collection Process 116
iii
TABLE OF CONTENTS
iv
LTOM, 2ND EDITION
INTRODUCTION
LTOM Book II describes and enumerates the taxing powers of provinces, cities, and
municipalities, as well as the sources of revenues to support their operations. This
Book provides relevant provisions and procedures in the collection of revenues and
receipts, as well as illustrations and samples. It also provides illustrations and samples
for better understanding of the flow of processes.
This Book consists of three (3) Chapters including Forms and Annexes, viz:
Chapter 1 Taxing Powers of LGUs
Chapter 2 Sources of Income
Chapter 3 Collection Procedures
v
DEFINITION OF TERMS
vi
LTOM, 2ND EDITION
business, marine or aquatic, livestock, poultry, dairy and other similar products for
the purpose of improving the quality and quantity of goods or products.
G. Exporter means any person, natural or juridical, licensed to do business in the
Philippines, engaged directly or indirectly in the production, manufacture or trade
of products or services which earns at least fifty percent (50%) of its normal
operating revenues from the sale of its products or services abroad for foreign
currency: Provided, That in the case of services, the same shall be limited to
information technology services, construction services and other services as
defined jointly by the DOF and the DTI. Services rendered by overseas contract
workers are not covered by the definition. (Sec. 4(a), RA 7844 or the Export
Development Act of 1994)
H. Fee means a charge fixed by law or ordinance for the regulation or inspection of
a business or activity. [Sec. 131 (l), LGC]
I. 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]
J. Gross Sales or Receipts include 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 contructively 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 return, excise tax and value-added tax
(VAT). [Sec. 131 (h), LGC]
K. Income refers to all revenues and receipts collected or received forming the gross
accretions of funds of the local government units (LGUs).
L. Principal Office refers to the head or main office of the business appearing in the
pertinent documents submitted to the Securities and Exchange Commission, or
the Department of Trade and Industry (DTI), or other appropriate agencies as the
case may be. [Art. 243 (a) (1), IRR implementing Sec. 150, LGC]
M. Plantation refers to 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 purposes of this Article,
inland fishing ground shall be considered as plantation. [Art. 243 (a) (4), IRR
implementing Sec. 150, LGC]
N. Receipts refer to income realized from operations and activities of the local
government or are received by it in the exercise of its corporate functions
consisting of charges for services rendered, conveniences furnished, or the price
of a commodity sold, as well as loans, contributions or aids from other entities,
except provisional advances for budgetary purposes. (Sec. 36, Chapter 1, Volume
1, GAAM)
vii
DEFINITION OF TERMS
O. Revenue refers to income derived from the regular system of taxation enforced
under authority of law or ordinance, and, as such, accrues more or less regularly
every year. (Sec. 36, Chapter 1, Volume 1, GAAM)
P. Warehouse refers to 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. [Art. 243 (a) (3), IRR implementing Sec. 150,
LGC]
viii
CHAPTER TAXING POWERS OF THE LOCAL GOVERNMENT
1 UNITS (LGUs)
1
TAXING POWERS OF THE LOCAL GOVERNMENT UNITS (LGUs)
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)
3. Uniformity is not equivalent to equality in taxation (p. 23, Phil. Law on Local
Government Taxation, Volume One, Third Edition, Ursal, 2010). The
Supreme Court 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:
a. It is based upon substantial distinctions which make the real differences;
b. These are germane to the purpose of the legislation or ordinance;
c. The classification applies, not only to present conditions, but, also, to
future conditions substantially identical to those of the present; and
d. The classification applies equally to all those who belong to the same
class.”
B. Taxes, fees, charges and other impositions shall:
1. Be equitable and based as far as practicable on the taxpayer’s ability to pay.
[Sec. 130 (b) (1), LGC]
NOTE
Equitability is characterized by equity. It means being fair to all concerned
and that is without prejudice, favor or vigor entailing undue hardship. It is the
word fairness that best describes equitable. If 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, discourages investors), it
is not fair.
2. Be levied and collected only for public purposes. [Sec.130 (b)(2), LGC]
2
LTOM, 2ND EDITION
NOTE
Public purpose requires that the proceeds of taxation are used to support
the existence of the local government or the pursuit of its governmental
objectives. (Local Government Code, Annotated, Nolledo)
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. (Local Government Code, Annotated, Nolledo)
3. Not be unjust, excessive, oppressive, or confiscatory. [Sec. 130, (b) (3), LGC]
NOTE
The tax must be reasonable in order not to be unjust or oppressive. (Local
Government Code, Annotated, Nolledo)
NOTE
A tax is contrary to law if it is a tax beyond the authority of an LGU to impose.
(Nolledo, Local Government Code, Annotated)
A tax must not be in restraint of trade in that it must not deter the free flow
of commerce in the country, and cause considerable increase in the price of
commodities, to the prejudice of the consuming public. [Sec. 130 (e), Local
Government Taxation, Annotated, Ursal]
5. The collection of local taxes, fees, charges and other impositions shall in no
case be let to any private person. [Sec. 130(c), LGC]
6. 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)
7. Each LGU 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. In the case of tax on business,
manufacturers pay more taxes per annum as their gross sales or receipts for
the preceding year increases. (Local Government Taxation, Volume One,
Third Edition, Ursal, 2010)
3
TAXING POWERS OF THE LOCAL GOVERNMENT UNITS (LGUs)
NOTE
For details on the implementation of DOF-DILG JMC No. 2019.01, refer
to BLGF Memorandum Circular No. 020.2019, dated 02 September 2019,
providing for the Local Fees and Charges (LFC) Toolkit on the Review,
Setting, and/or Adoption of Reasonable Local Fees and Charges.
NOTE
However, while xxx City may rectify and amend their old tax ordinance in
order to give full implementation of the LGC, it, however, cannot impose a
straight 1.25% at its initial implementation of the LGC in so far as retailers
are concerned. xxx City should, at the very least, start with 1% (the minimum
tax rate) as provided under Sec. 143(d) of the LGC. xxx.
4
LTOM, 2ND EDITION
NOTE
tax rate for retailers pegged at 1.2%, in accordance with Sec. 191 of the
LGC. To clarify, from 2006- 2011 (first 5 years), the initial tax rate should start
with 1%; from 2011-2016 (next five years) – 1.1%, thus, for the years 2017-
2021, the adjustment is 1.21%.
However, for this purpose, xxx City should pass an ordinance to give effect
to the above discussed tax adjustments. xxx.
(GR No. 211093, 06 June 2017)
5
TAXING POWERS OF THE LOCAL GOVERNMENT UNITS (LGUs)
Attend committee/
Deliberation Sanggunian conducts public hearing public hearing to
and Refinement - Discussion/Deliberation/Modification justify the proposed
Stage - Documentation rates on taxes, fees
and charges
Sanggunian enacts revenue ordinance and
submits to the LCE for approval
- Amendments
- Approval
Collection of taxes,
fees and charges
Implementation Implementation of the approved revenue based on the new
Stage ordinance rates as provided
in the approved
revenue ordinance
6
LTOM, 2ND EDITION
Information must reach those that shall be directly affected by the imposition.
For example, when the measure is on 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/s shall specify the date or dates and venue of the public hearing
or hearings. [Art. 276 (b) (3), IRR, implementing Sec. 188, LGC]
2. Public Hearing
a. The initial public hearing shall be held not earlier than ten (10) days
from the sending out of notice/s, or the 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 for the purpose prior to the
enactment of the tax ordinance or revenue measure. (Sec. 187, LGC)
c. At the public hearing/s, all affected or interested parties shall be
accorded an opportunity to appear and present or express their views,
comments and recommendations, and such public 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 secretary of the sanggunian concerned shall prepare the minutes
of such public hearing and shall attach to the minutes the position
papers, memoranda and other documents submitted by those who
participated. [Art. 276(b) (5), IRR, implementing Sec. 188, LGC]
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]
3. Approval of Ordinances
a. If the Local Chief Executive (LCE) concerned approves the same, he/
she shall affix his/her signature on each and every page thereof. [Sec.
54 (a), LGC]
b. The LCE may veto any ordinance of the sangguniang panlalawigan,
sangguniang panlungsod, or sangguniang bayan on the ground that it is
ultra vires or prejudicial to the public welfare, stating his/her reasons therefor
in writing [Sec. 55 (a), LGC], and return the same to the sanggunian, which
may proceed to reconsider the same [Sec. 54 (a), LGC].
c. The veto shall be communicated by the LCE 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 a municipality; otherwise, the
ordinance shall be deemed approved as if he/she had signed it. [Sec.
54 (b), LGC]
7
TAXING POWERS OF THE LOCAL GOVERNMENT UNITS (LGUs)
d. The LCE may veto an ordinance or resolution only once. [Sec. 55 (c),
LGC]
e. The sanggunian concerned may override the veto of the LCE 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]
4. 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 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)
5. Effectivity of Tax Ordinances or Revenue Measures – The tax ordinances or
revenue measures take effect upon compliance with the above procedural
and substantive requirements.
In case the effectivity of any tax ordinance or revenue measure falls on any
date other than the beginning of the quarter, the same shall be considered
as falling at the beginning of the next ensuing quarter and the taxes, fees, or
charges due shall begin to accrue therefrom. [Art. 276 (a), IRR, LGC]
6. Furnishing of Copies of Tax Ordinances and Revenue Measures – Copies of
all provincial, city and municipal tax ordinances and revenue measures shall
be furnished the respective local treasurers for public dissemination. (Sec.
189, LGC)
7. Review of Tax Ordinances or Revenue Measures –The LGC provides the
following cautionary steps wherein tax ordinances or revenue measures
of component cities and municipalities are reviewed by the sangguniang
panlalawigan, and ordinances of barangays by the sangguniang panlungsod
or sangguniang bayan:
a. Review of Component City and Municipal Ordinances or Resolutions
by the Sangguniang Panlalawigan
i. Within three (3) days after approval, the secretary to the
sangguniang panlungsod or sangguniang bayan shall forward
to the sangguniang panlalawigan for review, copies of approved
revenue ordinances and resolutions. [Sec. 56 (a), LGC]
8
LTOM, 2ND EDITION
ii. 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 sangguniang panlalawigan in
writing of his/her comments or recommendations, which may
be considered by the sangguniang panlalawigan in making its
decision. [Sec. 56 (b), LGC]
iii. If the sangguniang panlalawigan finds that such an ordinance or
resolution is beyond the power conferred upon the sangguniang
panlungsod 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]
iv. 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 panlungsod or sangguniang
bayan. Exceeding such powers is ultra vires and amounts to
usurpation of the legislative functions of the city or municipal
councils.
v. 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.
vi. If no action has been taken by the sangguniang panlalawigan
within thirty (30) days after submission of such an ordinance or
resolution, the same shall be presumed consistent with law and
therefore valid. [Sec. 56 (d), LGC]
vii. Pending review by the higher council, a revenue ordinance
continues to be in force and effect.
viii. Declaration of invalidity of the revenue ordinance is equivalent to
disapproval thereof.
ix. 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. Review of Barangay Ordinances by the Sangguniang Panlungsod
or Sangguniang Bayan
9
TAXING POWERS OF THE LOCAL GOVERNMENT UNITS (LGUs)
10
LTOM, 2ND EDITION
11
TAXING POWERS OF THE LOCAL GOVERNMENT UNITS (LGUs)
12
LTOM, 2ND EDITION
percent (50%) of the maximum rates prescribed for said businesses. [Art. 236
(a), IRR implementing Sec. 144, LGC]
B. The municipality may levy and collect taxes which may be imposed by the
province at the rates not exceeding those prescribed therein. [Art. 236 (b), IRR
implementing Sec. 144, LGC]
C. Real Property Tax (Sec. 232, LGC);
D. Additional Levy on Real Property for the Special Education Fund (SEF) (Sec.
235, LGC);
E. Additional Ad Valorem Tax on Idle Lands (Sec. 236, LGC);
F. In the case of the basic real property tax, the municipality within MMA may fix
a uniform rate not exceeding two percent (2%) of the assessed value of real
property. [Sec. 233 (b), LGC]
13
TAXING POWERS OF THE LOCAL GOVERNMENT UNITS (LGUs)
1 City of Manila et al vs. Hon. Angel Valera Colet, et al ,GR No. 120051, 10 December 2014
2 KALAKALAN Bilang 20
3 Cooperative Code of the Philippines
14
LTOM, 2ND EDITION
E. Interest on other Unpaid Revenues – Where the amount of any revenue due an
LGU, except voluntary contributions or donations, is not paid on the date fixed in
the ordinance, or in the contract, expressed or implied, or upon the occurrence of
the event which has given rise to its collection, there shall be collected as part of
that amount an interest thereon at the rate not exceeding two percent (2%) per
month from the date it is due until it is paid, but in no case shall the total interest
on the unpaid amount or a portion thereof exceed thirty-six (36) months. (Sec.
169, LGC)
F. Collection of Local Revenue by Treasurer – All local taxes, fees, and charges shall
be collected by the provincial, city, municipal, or barangay treasurer, or their duly
authorized deputies. (Sec. 170, LGC)
15
CHAPTER SOURCES OF INCOME
2
TAX REVENUES
SECTION 48. PROFESSIONAL TAX
An annual tax on each person engaged in the exercise or practice of profession
or calling, such as but not limited to: lawyers; certified public accountants; doctors
of medicine; architects; civil, electrical, chemical, mechanical, structural, industrial,
mining, sanitary, metallurgical and geodetic engineers; marine surveyors; doctors
of veterinary science; dentist; professional appraisers; connoisseurs of tobacco;
actuaries; interior decorators, designers, real estate service practitioners (RESP),
(i.e. real estate consultants, real estate appraisers and real estate brokers) requiring
government licensure examination given by the Real Estate Service pursuant to
Republic Act No. 9646 insurance agents and actuaries, and all professions requiring
government licensure examination regulated by the Professional Regulations
Commission, Supreme Court, etc. (Sec. 139, LGC, Revenue Regulations 11-2018)
The collection and administration of the professional tax shall be guided by the
following:
A. The amount of professional tax shall not exceed Php300.00, or the rate provided
under a duly enacted local ordinance, subject to adjustment not exceeding ten
percent (10%) every five (5) years. [Local Finance Circular (LFC) No. 001.2019,
12 June 2019]
B. Every person legally authorized to practice his/her profession shall pay the
professional tax to the province, city or the lone municipality within MMA where
he/she practices his/her profession or where he/ she maintains his/her principal
office in case he/she practices his/her profession in several places: Provided,
however, that such person who has paid the corresponding professional tax shall
be entitled to practice his/her 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]
C. The professional tax shall be payable annually, on or before the thirty-first (31st)
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] The Sanggunian concerned may, for a justifiable reason or cause,
extend the time of payment of such taxes, fees, or charges without surcharges
or penalties, but only for a period not exceeding six (6) months. (Sec. 167, LGC,
LFC No. 001.2019)
D. Any individual or corporation employing a person subject to professional tax
shall require payment by that person of the tax on his/her profession before
employment and annually thereafter, as may be provided under a duly enacted
local ordinance. [Sec 139 (c), LGC]
16
LTOM, 2ND EDITION
E. 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/she is to practice both
professions. [Art. 228 (f), IRR implementing Sec. 139, LGC]
F. Professionals exclusively employed in the government shall be exempt from the
payment of this tax [Sec. 139 (d), LGC], unless he/she has been duly authorized
to practice the profession outside of his/her official business. (LFC No. 001.2019)
G. Exemption from Payment of Business Permit. A business permit is issued
primarily to regulate the conduct of business or trade. However, an LGU cannot,
through the issuance of such permit regulate the practice of a profession, which
is within the exclusive domain of the agency or office specifically empowered by
law to supervise and regulate the profession. Unless covered under Section 7
of LFC No. 001.2019, a professional who has paid his/her professional tax shall
be exempt from the payment of business permit fee in the operation of his/her
clinic or office. However, a professional shall still be required to secure a business
permit, at no cost, from the concerned LGU during the registration of office/clinic
and renewal thereof, subject to a duly enacted local ordinance.
H. Applicability of Local Business Tax on Professionals. If, upon verification, a
professional is actually engaged in selling, trading or distributing of any articles of
commerce of whatever kind, or involved in the function of trade, or undertake any
business activity that does not constitute the practice of profession, pursuant to
applicable law/s governing the practice of such profession, he/she shall be liable
to pay the annual local business tax (LBT) to the city or municipality concerned,
pursuant to the applicable rates provided under Secs. 143 and 146 of the LGC,
and as may be provided under a duly enacted local ordinance.
The professional concerned shall likewise be subject to the payment of business
permit fee during the registration of the office/clinic and the renewal thereof. A
separate recording of the transactions shall be maintained by said professional.
I. Payment of Service Fees and Charges. LGUs may impose and collect other
applicable fees and charges (i.e. garbage fee, sanitary inspection fee, occupancy
permit fee, etc.), the amount of which shall be reasonable commensurate to the
cost of regulation or provision of service, as may be provided under a duly enacted
local ordinance; provided, however, that no service charge shall be based on
capital investments or gross sales or receipts of the persons or business liable
therefor.
(LFC No. 001.2019 dated 12 June 2019)
J. Documentation Requirements:
1. Upon Payment of Tax – For purposes of collecting the tax, the Provincial/City
Treasurer or his/her duly authorized representative shall require from such
professionals their current annual registration cards issued by competent
authority before accepting payment of their professional tax for the current
year. The Professional Regulation Commission (PRC) shall likewise require
17
SOURCES OF INCOME
18
LTOM, 2ND EDITION
b. In case of husband and wife, each of them shall be liable to pay the
basic tax of Five Pesos (₱5.00), but the additional tax imposable on the
husband and wife shall be One Peso (₱1.00) for every One Thousand
Pesos (₱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), IRR implementing Sec. 157, LGC]
3. 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 community tax of Five Hundred Pesos (₱500.00) and an additional
tax, which, in no case, shall exceed Ten Thousand Pesos (₱10,000.00) in
accordance with the following schedule:
a. For every Five Thousand Pesos (₱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 (₱2.00); and
b. For every Five Thousand Pesos (₱5,000.00) of gross receipts or
earnings derived from the business in the Philippines during the
preceding year - Two Pesos (₱2.00).
c. 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), IRR implementing Sec. 158, LGC]
B. Exemptions – The following are exempt from the community tax:
1. Diplomatic and consular representatives; and
2. Transient visitors when their stay in the Philippines does not exceed three
(3) months. (Sec. 159, LGC)
C. 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:
1. 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), IRR
implementing Sec. 160, LGC]. Thus, a sales office or branch office is not
liable to pay community tax in the city or municipality where it is located.
(Sec. 2, Office of the President MC No. 153 s. 1992, 04 June 1992)
2. 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), IRR implementing Sec. 160, LGC]
19
SOURCES OF INCOME
3. Any person, natural or juridical, who pays the annual community tax to a city
or municipality other than the city or municipality where his/her residence, or
principal office in the case of juridical persons, is located shall not anymore
pay the community tax. (Sec. 2, Office of the President MC No. 153, 04
June 1992; BLGF 1st Indorsement, 26 July 1993)
D. Time for Payment – Guidelines as to when the community tax shall be paid:
1. The community tax shall accrue on the first (1st) day of January of each
year and shall be paid not later than the last day of February of each year.
2. 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/she shall be liable
for the community tax on the day he/she 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/she shall have twenty (20) days to pay the community tax without
becoming delinquent.
3. Persons who come to reside in the Philippines or reach the age of eighteen
(18) years on or after the first (1st) 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.
4. 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 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)
E. Penalties for Late Payment – If the tax is not paid within the time prescribed
above, there shall be added to the unpaid amount an interest of twenty-four
percent (24%) per annum from the due date until it is paid. (Sec. 161, LGC)
It is clarified, however, that the phrase “until it is paid” must be interpreted in
accordance with the limitations of the LGC on other unpaid revenues imposed
by the local government, which in no case shall the total interest on the unpaid
amount or portion thereof exceed thirty-six (36) months. Thus, for community tax,
the penalty shall not go beyond 36 months or seventy-two percent (72%) of the
unpaid amount. (BLGF MC No. 01-001-2017, 05 January 2017)
F. Issuance of Community Tax Certificate (CTC) – A CTC shall be issued to every
person or corporation upon payment of the community tax. It may also be issued
to any person or corporation not subject to the community tax upon payment of
One Peso (₱1.00) (Sec. 162, LGC)
G. Printing of Community Tax Certificate – The Bureau of Internal Revenue
(BIR) shall cause the printing of CTCs and distribute the same to the cities and
municipalities through the City and Municipal Treasurers in accordance with
prescribed regulations. [Art. 249, IRR implementing Sec. 164 (a), LGC]
20
LTOM, 2ND EDITION
21
SOURCES OF INCOME
4. The appraisal, assessment, levy and collection of RPT 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]
B. ADMINISTRATION OF THE REAL PROPERTY TAX
1. The provinces and cities, including the municipality within MMA, shall be
primarily responsible for the proper, efficient and effective administration of
the RPT, subject to the rules and regulations governing the classification,
appraisal and assessment of real property issued by the DOF.
2. Accordingly, the DOF 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)
ILLUSTRATION
C. RATES OF LEVY
1. A province or city or municipality within MMA shall fix a uniform rate of basic
RPT applicable to their respective jurisdiction as follows:
a. For provinces - not exceeding one percent (1%) of the assessed value;
and
b. For cities, or municipality of MMA - not exceeding two percent (2%) of
the assessed value.
22
LTOM, 2ND EDITION
NOTE
NOTE
23
SOURCES OF INCOME
NOTE
On PPA. The Decision of the Supreme Court in the case of ‘MIAA vs. City
of Paranaque’ categorically specified that Philippine Ports Authority (PPA) is
not a government-owned or controlled corporation but an instrumentality of
the National Government thus, the real properties thereof are exempt from
the payment of the real property tax. However, it is emphasized that when
the beneficial use of these properties has been granted, for consideration or
otherwise, to taxable entities, such property becomes taxable. (BLGF MC
No. 101-2013 dated 13 November 2013)
On SSS. The appraisal and assessment of the real properties of the Social
Security System (SSS) shall be guided by the following:
1. That all real properties of the SSS are exempt from RPT;
2. That if the beneficial user thereof has been granted to or is allowed to be
enjoyed by a taxable person or entity other than the SSS, the payment
of RPT shall be borne by the beneficial user; and
3. That in case the beneficial user thereof fails to pay the RPT due thereon,
the property in issue cannot in any manner be the subject of a sale
through public auction.
3. All machineries and equipment that are actually, directly and exclusively used
by local water districts and GOCCs engaged in the supply and distribution
of water and/or generation and transmission of electric power. [Sec. 234 (c),
LGC]
4. All real properties owned by duly registered cooperatives as provided under
RA No. 69385 as amended by RA No. 9520. [Sec. 234 (d), LGC]
5. Machinery and equipment used for pollution control and environmental
protection. [Sec. 234 (e), LGC]
6. Except as provided herein, any exemption from payment of RPT previously
granted to, or presently enjoyed by, all persons, whether natural or juridical,
including all GOCCs are hereby withdrawn upon the effectivity of the LGC.
[Sec. 234, LGC]
24
LTOM, 2ND EDITION
25
SOURCES OF INCOME
NOTE
26
LTOM, 2ND EDITION
NOTE
Anent the proper accounting treatment of advance payments of real property
taxes consisting of the basic tax (RPT) and the additional Special Education
Fund (SEF), xxx they shall be recognized as Deferred RPT and Deferred
SEF, respectively. These advance collections are not yet income of the
Local Government Unit (LGU); rather, they are still considered liabilities until
such time that the taxes for which they are paid become due. (COA letter
dated 21 January 2019 to BLGF Executive Director)
27
SOURCES OF INCOME
NOTE
Tax credit certificate is not transferable. In case of tax refund for prior years,
the Local Treasurer shall ensure budget appropriation and authority for
payment of prior year obligation.
NOTE
Unpaid real property tax that accrued prior to 1 January 1992 are imposed
an interest of 2% per month, with a maximum of 24% per year, in accordance
with the law then in force which was PD No. 464. While unpaid real property
tax that accrued on 1 January 1992 onwards are imposed an interest of
2% per month, but not exceeding 36 months or a maximum rate of 72%, in
accordance with the governing law which is RA No. 7160, which repealed
PD No. 464. (2nd Indorsement to the ICO-Regional Director, Region XII,
Cotabato City, 20 December 2010)
28
LTOM, 2ND EDITION
ILLUSTRATION
29
SOURCES OF INCOME
NOTE
Years delinquent Applicable Law Penalty
1992-present RA 7160 2% per month, not to exceed 72%
Sec. 66, PD No. 2% per month, not to exceed 24%
1986-1991
464 per annum
2% per month, not to exceed 24%
1979-1985 PD No. 1621
per annum
NOTE
For purposes of computation of the real property taxes due for the years
1986 to 1991, the penalty or interest imposed is two percent on the amount
of the delinquent tax for each month of delinquency or fraction thereof but in
no case shall the total penalty exceed twenty-four percent per annum of the
delinquent tax, pursuant to Sec. 66 of the Real Property Tax Code of 1974 or
PD No. 464.
However, from 01 January 1992 onwards, the proper basis for the computation
of the real property tax payable, including penalties or interests, if applicable,
must be the LGC, which took effect on the 1st of January 1992 inasmuch as
Sec. 534 thereof had expressly repealed PD No. 464 or the Real Property
Tax Code. Sec. 5(d) of the LGC provides that rights and obligations existing
on the date of effectivity of the new Code and arising out of contracts or any
source of presentation involving an LGU shall be governed by the original
terms and conditions of the said contracts or the law in force at the time
such contracts were vested. (The Honorable Secretary of Finance vs. The
Honorable Ricardo M. Ilarde, et al, GR No. 121782, 09 May 2005)
30
LTOM, 2ND EDITION
P. Further Distraint or Levy – Levy may be repeated if necessary until the full
amount due, including all expenses, is collected. (Sec. 265, LGC)
31
SOURCES OF INCOME
NOTE
(BLGF Letter to the City Treasurer of Isabela City, Basilan, 01 June 2011)
ILLUSTRATION
Since 2014, the following EOs were issued by the President pursuant to Sec.
277 of the LGC: (i) EO No. 173, s. 2014, (ii) EO No. 19, s. 2017, (iii) EO No.
60, s. 2018, and (iv) EO No. 88, s. 2019. These EOs reduced all liabilities
for real property tax, including any special levies accruing to the Special
Education Fund (SEF), on property, machinery and equipment actually and
directly used by Independent Power Producers (IPPs) for the production
of electricity under Build-Operate-Transfer scheme and similar contracts,
whether denominated power purchase agreements, energy conversion
agreements or other contractual agreements, with GOCCs, assessed by
LGUs and other entities authorized to impose RPT for all years up to the
issuance of the EOs, to an amount equivalent to the tax due if computed
based on the following:
32
LTOM, 2ND EDITION
C. Fees in Court Actions – All court actions, criminal or civil, instituted at the instance
of the provincial, city or municipal treasurer under the provisions of the LGC, shall
be exempt from the payment of court and sheriff’s fees. (Sec. 280, LGC)
D. Fees in Registration of Papers of Documents on Sale of Delinquent Real
Property to Province, City or Municipality – All certificates, documents and
papers covering the sale of delinquent property to the province, city or municipality,
if registered in the Registry of Property, shall be exempt from the documentary
stamp and registration fees. (Sec. 281, LGC)
E. Penalties for Omission of Property from Assessment or Tax Rolls by Officers
and Other Acts
1. Any officer charged with the duty of assessing a real property who willfully
fails to assess, or who intentionally omits from the assessment or tax roll
any real property which he/she knows to be taxable, or who willfully or
negligently underassesses any real property, or who intentionally violates
or fails to perform any duty imposed upon him/her by law relating to the
assessment of taxable real property shall, upon conviction, be punished by
imprisonment of not less than one (1) month nor more than six (6) months,
or by a fine of not less than One Thousand Pesos (Php1,000.00) nor more
than Five Thousand Pesos (Php5,000.00) or both such imprisonment and
fine, at the discretion of the court.
2. The same penalty shall be imposed upon any officer in 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.
3. Any other officer required to perform acts relating to the administration of
the RPT or to assist the assessor or treasurer in such administration, who
willfully fails to discharge such duties shall, upon conviction, be punished by
imprisonment of not less than one (1) month nor more than six (6) months,
or by a fine of not less than Five Hundred Pesos (Php500.00) nor more than
Php 5,000.00 or both such imprisonment and fine, at the discretion of the
court. (Art. 375, IRR of the LGC)
F. Penalties for 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 and any other LGU official whose acts hinder prompt
disposition of delinquent real property at public auction shall, upon conviction,
be subject to imprisonment of not less than 1 month nor more than 6 months,
or a fine of not less than Php1,000.00 nor more than Php5,000.00 or both such
imprisonment and fine, at the discretion of the court. (Art. 377, IRR of the LGC)
33
SOURCES OF INCOME
to the basic RPT. The proceeds thereof shall exclusively accrue to the SEF. (Sec.
235, LGC) No public hearing shall be required before the enactment of a local tax
ordinance levying the additional one percent (1%) SEF tax.
(Art. 326, IRR, LGC)
The annual tax of one percent (1%) that accrues to the SEF is the maximum rate.
LGUs may impose a lower rate.
NOTE
34
LTOM, 2ND EDITION
35
SOURCES OF INCOME
rates for different parts or sections thereof, depending on whether such land
is more or less benefited by the proposed work.
(Sec. 241, LGC)
6. Prior to the enactment of an ordinance imposing a special levy, the
sanggunian concerned shall:
a. Conduct a public hearing thereon; and
b. 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)
E. The special levy shall be apportioned, computed, and assessed according to the
assessed valuation of the lands affected as shown by the books of the assessor
concerned or its current assessed value as fixed by said assessor if the property
does not appear of record in his/her books. (Sec. 243, LGC)
F. The special levy shall accrue on the first (1st) day of the quarter next following the
effectivity of the ordinance imposing such levy. (Sec. 245, LGC)
36
LTOM, 2ND EDITION
E. 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 operation and maintenance of public schools, construction and repair of
school buildings, facilities and equipment, educational research, purchase of
books and periodicals, and sports development as determined and approved by
the local school board. (Sec. 272, LGC)
NOTE
Refer to Book III on the Use of the SEF, under DBM/DepEd/DILG Joint
Circular No. 1, 26 May 2017.
37
SOURCES OF INCOME
F. 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 municipality within the MMA,
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)
G. Proceeds of the Special Levy. The proceeds of the special levy on lands
benefited by public works, projects 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)
38
LTOM, 2ND EDITION
b. 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 use of industry; or
c. 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 materials or manufactured
39
SOURCES OF INCOME
40
LTOM, 2ND EDITION
41
SOURCES OF INCOME
NOTE
Refer to Local Finance Circular (LFC) No. 1-93 dated 16 June 1993, LFC No.
2-07 dated 26 February 2007, as reiterated under BSP Circular Letter No.
CL-2017-079 dated 27 December 2017, and BLGF Memorandum Circular
No. 016.2018 dated 10 August 2018.
7. On peddlers
a. 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.
b. Whether a peddler is a wholesale peddler or a retail peddler of
a particular commodity shall be determined from the definition of
wholesale dealer or retail dealer.
[Sec.131 (t), LGC]
c. The LGU may impose tax on peddlers engaged in the sale of any
merchandise or article of commerce at a rate not exceeding fifty pesos
(Php50.00) per peddler annually. [Sec. 143(g), LGC]
42
LTOM, 2ND EDITION
8. Other Businesses
On any business not otherwise previously classified which the sanggunian
concerned may deem proper to tax, provided, that on any business subject
to the excise, value added or percentage tax under the National Internal
Revenue Code (NIRC) as amended, the rate of tax 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 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 in this Article. (Art. 232 (h), IRR of the
LGC)
B. Rates of Tax
1. The municipality within MMA may levy the taxes on businesses enumerated
in Article 233 of this Rule at rates which shall not exceed by fifty percent
(50%) the maximum rates prescribed for said businesses.
2. The said municipality within MMA, pursuant to Article 275 of this Rule, may
levy and collect the taxes which may be imposed by the province under
Articles 2246, 2257, 2268, 2279, 22810, 22911 and 23012 of this Rule at rates not
exceeding those prescribed therein.
[Art. 236 (b) IRR of the LGC]
43
SOURCES OF INCOME
NOTE
D. SITUS OF TAX
For purposes of collection of taxes, 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 city or 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)
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:
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.
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.
3. In cases where there is a factory, project office, plant or plantation in pursuit
of business:
a. Thirty percent (30%) of all sales recorded in the principal office shall be
taxable by the city or municipality where the principal office is located,
and
b. 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.
44
LTOM, 2ND EDITION
c. LGUs where only experimental farms are located shall not be entitled
to the sales allocation herein provided.
d. However, on-site sales of commercial quantity made in experimental
farms shall be similarly imposed the corresponding tax under Sec. 143
of the LGC, and allocated as herein provided.
e. 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.
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 (2) under subparagraph (c) above shall be divided as follows:
a. Sixty percent (60%) to the city or municipality where the factory is
located; and
b. Forty percent (40%) to the city or municipality where the plantation is
located.
5. In cases where a manufacturer, assembler, producer, exporter or contractor
has two (2) or more factories, project offices, plant, or plantations located
in different localities, the seventy percent (70%) sales allocation mentioned
in item (2) under sub-paragraph (c) above shall be pro-rated among the
localities where the factories, project offices, plants, and plantations are
located in proportion to their respective volumes of production during the
period for which the tax is due. In the case of project offices of service and
other independent contractors, the term "production" shall refer to the cost
of projects actually undertaken during the tax period.
6. The sales allocation herein provided shall be applied irrespective of whether
or not sales are made in the locality where the factory, project office, plant
or plantation is located. In case of sales made by the factory, project office,
plant or plantation, the sale shall be covered by items (1) and (2) above.
7. In the case of manufacturers sales made by the factory, project office, plant
or plantation, the sale shall be covered by paragraphs (a) and (b) above.
8. The city or municipality where the port of loading is located shall not levy
and collect tax imposable under Sec.143 of the LGC, 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.
9. The following guidelines shall apply to sales made by route trucks, vans or
vehicles:
a. 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
45
SOURCES OF INCOME
and the tax due thereon is paid to the LGU where such branch, sales
office or warehouse is located.
b. 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 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.
c. 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 Sec. 141 of the
LGC, which cities may likewise impose under Sec. 151 of the same
Code, on every delivery truck or van or any motor 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
sanggunian concerned.
[Art. 243, IRR implementing Sec. 150 (b), LGC]
NOTE
46
LTOM, 2ND EDITION
c. Barangay where the sand, gravel and other quarry resources are
extracted - Forty percent (40%).
[Art. 227 (c), IRR, implementing Sec. 138, LGC]
C. Only quarry resources extracted from public lands are subject to local taxes.
Quarry resources extracted from private lands are not within the taxing power of
the local government.
NOTE
The LGU may not invoke the Regalian doctrine to extend the coverage of
their ordinance to quarry resources extracted from private lands, for taxes,
being burdens, are not to be presumed beyond what the applicable statute
expressly and clearly declares, tax statutes being construed strictissimi juris
against the government. (GR No. 126232 November 27, 1998)
47
SOURCES OF INCOME
5. 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. 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,
Ursal) A golf course cannot be considered a place of amusement. (Alta
Vista and Country Club v. City of Cebu, GR No.180235, 10 January 2016)
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:
a. Number the admission tickets consecutively and serially;
b. Reflect in the admission tickets the name of the amusement place and
the fee charged for admission;
c. Register ticket rolls or booklets with the Provincial/City Treasurer of
the locality where the amusement place is located before issuing the
tickets;
d. 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/her deputy; and
e. 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.
48
LTOM, 2ND EDITION
NOTE
We do not agree. As aptly ruled by the Court of Appeals (CA), the two taxes
are not of the same kind and character and can be imposed by the same
taxing authority at the same time.
First, “business taxes imposed in the exercise of police power for regulatory
purposes are paid for the privilege of carrying on a business in the year the
tax was paid. It is paid at the beginning of the year as a fee to allow the
business to operate for the rest of the year. it is deemed a prerequisite to
the conduct of business.”
Clearly, there can be no double taxation as the two taxes are different nature
and imposed for different purposes. Undeniably, both requisites for local
franchise tax are also present in this case.
49
SOURCES OF INCOME
1. Tax Rate and Base of Franchise Tax - The LGU may impose a tax on
businesses enjoying a franchise, at a rate not exceeding 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]
2. 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. 137, LGC]
3. Exemption of Public Utility Vehicle Operators with Certification of
Public Convenience - The term "businesses enjoying franchise" shall not
include holders of certificates of public convenience for the operation of
public utility vehicles for reason that such certificates are not considered as
franchise. [Art. 226 (c), IRR, implementing Sec. 137, LGC]
4. 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]
5. 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:
a. 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.
b. 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 amount of the
capital investment made for the said branch or sales office which shall
be taxable instead by the province or city where it is located.
c. Where the newly-started business is a branch or sales office
commencing business operations at a year later than that of the
principal office, the capital investment shall mean the total funds
invested in the branch or sales office.
[Art. 226 (d), IRR, implementing Sec. 137, LGC]
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LTOM, 2ND EDITION
NOTE
13 Printing of newspapers, magazines and other periodicals, books and brochures, music and music manuscripts,
maps, atlases, posters, advertising catalogues, prospectuses and other printed advertising, postage stamps,
taxation stamps, documents of title, cheques and other security papers, registers, albums, diaries, calendars,
business forms and other commercial printed matter, personal stationery and other printed matter by letterpress,
offset, photogravure, flexographic and other printing presses, duplication machines, computer printers, embossers,
etc., including quick printing. Printing directly into textiles, plastic, glass, metal, wood and ceramics (except silk-
screen printing on textiles and wearing apparel). The material printed is typically copyrighted. Printing on labels or
tags (lithographic, gravure printing, flexographic printing, others).
This class excludes: Silk screen-printing on textiles and wearing apparel; Manufacture of paper articles, such as
binders; Publishing of printed matter; Photocopying of documents. (Philippine Standard Industrial Classification
(PSIC), 2009, Class Code 1811)
51
SOURCES OF INCOME
1. On the first year of the effectivity of the LGC, 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)
NOTE
On July 3, 2018, the Supreme Cour, in GR No. 199802 and GR No. 208488,
modified Sections 284, 285, 286 and 290 of the LGC, including the pertinent
provisions of the IRR of the LGC, by deleting the phrase “internal revenue”
in said sections.
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 of 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 officers 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.
D. Adjustments to the IRA share of LGUs shall be made only after effecting a
corresponding reduction of the national government expenditures including cash
and non-cash budgetary aids to GOCCs, government financial institutions (GFIs),
the Oil Price Stabilization Fund (OPSF) and the Bangko Sentral ng Pilipinas
(BSP).
(Art. 379, IRR implementing the 2nd and 3rd paragraphs of Sec. 284, LGC)
E. 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 LGUs, the BSP, the social security institutions and the Oil Price Stabilization
Fund. 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. 373, Philippine Law
on Local Government Taxation, Third Edition, Volume One, Ursal, 2010)
F. Public sector deficit means the shortfall of revenues against disbursements of the
national government, the fourteen (14) major government corporations, the GFIs,
all the LGUs, the BSP, and the social security institutions.
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LTOM, 2ND EDITION
G. Allocation to LGUs – The total annual IRA due the LGUs shall be allocated
among provinces, cities, municipalities and barangays as follows:
1. General Allocation
a. Share of all provinces – Twenty-Three Percent (23%)
b. Share of all cities – Twenty -Three Percent (23%)
c. Share of all municipalities – Thirty-Four Percent (34%)
d. Share of all barangays – Twenty Percent (20%)
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:
a. Population – Fifty Percent (50%)
b. Land Area – Twenty-Five Percent (25%)
c. Equal Sharing – Twenty-Five Percent (25%)
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 share of not less than Eighty
Thousand Pesos (₱80,000.00) per annum chargeable against the
twenty percent (20%) share of the barangays from the total IRA.
b. After deducting the aggregate sum of the individual barangay share
of ₱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 based on the
following formula:
i. On the first year of the effectivity of LGC (CY 1992):
1. Population – Forty Percent (40%) and
2. Equal Sharing – Sixty Percent (60%)
ii. On the second year:
1. Population – Fifty Percent (50%)
2. Equal Sharing – Fifty Percent (50%)
iii. On the third year and thereafter:
1. Population – Sixty Percent (60%)
2. Equal Sharing – Forty Percent (40%)
4. Financial requirements for the initial year of existence of provinces, cities,
and municipalities to be created after the effectivity of the LGC shall be
specified in the law creating said LGUs.
53
SOURCES OF INCOME
54
LTOM, 2ND EDITION
55
SOURCES OF INCOME
56
LTOM, 2ND EDITION
57
SOURCES OF INCOME
% shares
National Government 5/25
Province or city/municipality where racetrack is located 5/25
Philippine Charity Sweepstakes Office (PCSO) for PRCI/
Municipal hospital where the racetrack is located for MJCI/ 7/25
Philippine
Anti-Tuberculosis Society 6/25
White Cross (WC) 2/25
D. Procedural Guidelines
1. LGU’s Share Computation
2. Input Tax is the value added tax (VAT) due from or paid by a VAT-registered
person in the course of his trade or business on importation of goods or local
purchase of goods or services, including lease or use of property, from a
VAT-registered person.
Output Tax means the VAT due on the sale or lease of taxable goods or
properties or services by any person liable to pay the tax under Sec. 105 of
the NIRC.
3. Responsibilities
a. Department of Finance (DOF) - Bureau of Internal Revenue (BIR)
For the release of LGU shares for remittances in CY 2008 chargeable
against the 2009 General Appropriations Act (GAA) and thereafter:
i. For CY 2008 and every year thereafter, prepares the monthly
summary of VAT payments of MJCI and PRCI paid/filed with the
BIR and forwards copy of the summary to the BTr within 10 days
after the end of the month of filing of returns
58
LTOM, 2ND EDITION
59
SOURCES OF INCOME
60
LTOM, 2ND EDITION
61
SOURCES OF INCOME
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LTOM, 2ND EDITION
% of Distribution
Highly
Particulars Component Urbanized/
Province City/ Independent Barangay Total
Municipality Component
City
Where the natural
resources are
located in the 20 45 35 100
Province and in one
City/Municipality/
Barangay
Where the natural
resources are
located in a
highly urbanized 65 35 100
or independent
component city and
in one barangay
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 highly urbanized or independent component cities or in two (2) or more
barangays, their respective shares shall be computed on the basis of:
Population: 70
Land Area: 30
3. Funding Source
The 40% share of LGUs from the gross mining tax collections derived by
the national government from the preceding fiscal year shall be released
chargeable against the current year’s General Appropriations Act.
(DOF-DBM-DILG-DENR JMC No. 2009-1, 31 March 2009)
E. Share from Proceeds derived from Hydro-Power Plants, Geothermal and
Other Sources of Energy
Benefits to Communities Hosting the Generation Facility and Energy Resource
Development Projects pursuant to Chapter II, Secs. 289 to 294 of the LGC:
1. Scope of Application
The LGU hosting the national wealth shall have an equitable share in the
proceeds derived from the utilization and development of national wealth,
including sharing the same with the inhabitants by way of direct benefits.
63
SOURCES OF INCOME
64
LTOM, 2ND EDITION
65
SOURCES OF INCOME
14 RA No. 7171 “An Act To Promote The Development Of The Farmer In The Virginia Tobacco Producing Provinces”
66
LTOM, 2ND EDITION
67
SOURCES OF INCOME
NOTE
By way of an ordinance, the LGU may impose a Mayor’s Permit Fee on electric
and/or telecommunication poles/posts owned by public utility companies which
are erected on government and/or private lots along government streets, roads,
highways and/or alleys. Such fee shall be commensurate with the cost of
regulation, inspection and licensing. (GR No. 224825, 17 October 2018)
69
SOURCES OF INCOME
70
LTOM, 2ND EDITION
3. 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.
4. Every Building Official shall keep a permanent record and accurate account of
all fees and other charges fixed and authorized by the Secretary to be collected
and received under this Code. Subject to existing budgetary, accounting and
auditing rules and regulations, the Building Official is hereby authorized to
retain not more than twenty (20%) percent of his collection for the operating
expenses of his office. The remaining eighty (80%) percent shall be deposited
with the provincial, city or municipal treasurer and shall accrue to the General
Fund of the province, city or municipality concerned.
(Sec. 208, PD No. 1096)
5. Disposition and use of the 20% generated from building permit fees and
other charges under the national building code, viz:
a. The collection shall be made by the Local Treasurer, and the Official
Receipt shall show the breakdown of the total collections indicating
the share of the local government concerned - 80% and the share of
the national government - 20%. (RA 6541-2004, Revised IRR of PD
No. 1096)
b. The Local Treasurer shall remit and credit five percent (5%) of income
to the account of the DPWH Secretary under Special Account No. 154
thru the Bureau of the Treasury (BTr).
c. The remittances made by the Local Treasurer to the BTr shall be
validated in accordance with Item 2 (g) Sec. 210 of the Revised
Implementing Rules and Regulations of PD 1096.
d. If there is no discrepancy in the course of validation, the remittance
shall be credited to the concerned accounts. Otherwise, the same
shall be verified and adjusted immediately by the local treasurer.
e. The 15% Office of the Building Official (OBO) fund shall cover all the
necessary operating expenses of the OBO, including the purchase
of equipment, supplies and materials, traveling expenses, obligation
expenses and sheriff’s fees and payment of other prior years obligations
not adequately funded, subject to existing budgetary auditing rules
and regulations.
[DPWH-DILG JMC No. 001 dated 04 July 2013]
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SOURCES OF INCOME
72
LTOM, 2ND EDITION
provided, finally, that the sanggunian concerned shall have the authority to
prosecute any violation of the provisions of applicable fishery laws.
(Sec. 149, LGC)
F. Fees on Weights and Measures
1. 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.
2. Instruments Usually Covered – Sealing shall include the following
instruments:
a. Linear metric measures
b. Metric measures of capacity
c. Metric instruments of weights
d. Apothecary balances of precision
e. Scales or balances with complete set of weights
3. 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.
4. Exemptions
a. 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.
b. Dealers of weights and measuring instruments intended for sale.
5. Administrative Provisions
a. Unless otherwise provided by ordinance, law or other valid order,
the official receipt for the fee issued for the sealing of weights and
measures shall serve as a license to use such instrument for one (1)
year from the date of sealing, unless deterioration or damage renders
the weights and measures inaccurate within the period.
b. 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 weights and measures
covered by the license shall be presented (exhibited) on demand by
the City/Municipal Treasurer or his/her deputies.
c. The City/Municipal Treasurer is hereby required to keep full sets of
secondary standards which shall be compared with the fundamental
73
SOURCES OF INCOME
74
LTOM, 2ND EDITION
75
SOURCES OF INCOME
intact and in the same position and condition in which it was placed by the
official sealer or his/her duly authorized representative shall, if presented
for sealing, be sealed promptly on demand by the official sealer or his/her
authorized representative without penalty except a surcharge fixed by law
or regulation.
(Art. 64, RA 7394, Consumer Act)
11. Penalties
a. Any person who shall violate the provisions of paragraphs (a) to (f) and
paragraph (l) of Article 64 or its implementing rules and regulations
shall, upon conviction, be subject to a fine of not less than Two hundred
pesos (₱200.00) but not more than One thousand pesos (₱1,000.00)
or by imprisonment of not more than one (1) year or both upon the
discretion of the court.
b. Any person who shall violate the provisions of paragraph (g) of Article
64 for the first time shall be subject to a fine of not less than Five
hundred pesos (₱500.00) or by imprisonment of not less than one (1)
month but not more than five (5) years or both, upon the discretion of
the court.
c. The owner-possessor or user of instrument of weights and measure
enumerated in paragraphs (h) to (k) of Article 64 shall, upon conviction,
be subject to a fine of not less than Three hundred pesos (₱300.00) or
imprisonment not exceeding one (1) year, or both, upon the discretion
of the court.
(Art. 65, RA 7394, Consumer Act)
12. Unlawful possession or use of instrument not sealed before using and not
sealed within the period prescribed
a. 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/her 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.
b. 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 sufficiently
accurate to warrant its being sealed without repairs or alterations, such
instruments shall, if presented for sealing promptly on demand of an
76
LTOM, 2ND EDITION
77
SOURCES OF INCOME
78
LTOM, 2ND EDITION
79
SOURCES OF INCOME
collected for the connection of telephone services and the monthly fees for use
of the facility.
F. Transportation System Fees
Income from the operation of transportation system like trains, buses, watercrafts,
aircrafts and the use of land transport system terminals.
G. Road Network Fees
Fees charged for use of road networks and bridges.
H. Waterworks System Fees
Income derived from the operation of waterworks system, such as water connection
fees, water utilization fees, irrigation fees and the like.
I. Power Supply System Fees
Income earned from power generation, transmission and distribution.
J. Seaport System Fees
Fees imposed on vessels for use of port facilities, such as:
1. Loading/discharging of cargoes
2. Embarking/disembarking passengers
3. Bunkering and anchoring at the port
4. Fees charged for cargoes whether for domestic shipment or transshipment
5. Security fee for the transport of containers
K. Parking Fees
These are fees/charges imposed (fixed and ambulant) on use of public areas as
parking fees and the like.
L. Receipts from Operation of Hostels/Dormitories and Other Like Facilities
These are fees/charges imposed on the use of hostels and dormitories, cottages,
guest houses and the like.
M. Receipts from Market Operation
These are collections from the operation of markets, including rentals of market
spaces (fixed and ambulant) and other income-earning facilities of the market.
N. Receipts from Slaughterhouse Operation
These are collections from the operation of slaughterhouse which includes rentals
of spaces for warehousing, livestock, slaughter fees and share from ante/post
mortem fees.
80
LTOM, 2ND EDITION
81
SOURCES OF INCOME
82
LTOM, 2ND EDITION
The LGUs concerned shall receive their share of the Lotto Charity Fund as
follows:
a. Municipalities – seven percent (7%) to be shared on a 5:2 ratio
between the municipality concerned and its province
b. Cities – five percent (5%)
3. Draw-down Periods
For purposes of administrative facility, draw-downs by the LGUs concerned
shall be made on a semestral basis, i.e., every six (6) months
4. Availment of the Five Percent (5%) Fund
Local non-government organizations (NGOs), institutions and agencies
performing charity work shall, at the level of the proper LGU, have access to
and may avail of the fund allocated to such LGU subject to limitations as to
use as laid down in RA No. 1169.
(Executive Order No. 357, 07 October 1996)
C. Small Town Lottery (STL)
1. The STL was declared as one of the regular product of the PCSO. It is
implemented locally all over the country through Authorized Agent
Corporations (AAC). It is a regular game of the PCSO authorized by the
national government thru Sec. 1 of RA 1169, as amended.
a. The STL refers to the PCSO lottery conducted at the local level, i.e.,
cities, provinces, etc., involving the collection of bets, issuance of
tickets, conduct of draws, payments to winners and remittances.
b. Revenue Allocation
The gross receipts shall be allocated as follows:
83
SOURCES OF INCOME
c. The PCSO shall enter into an agreement with the LGU, indicating the
category of programs for which their allocation may be utilized and the
reportorial requirements pertaining to their utilization.
d. STL shares allocated for the Provincial Government shall be added to
the PCSO Charity Fund in case of STL AACs operating in chartered
cities.
(PCSO 2016 Revised IRR for the STL Operations of the PCSO)
84
LTOM, 2ND EDITION
85
SOURCES OF INCOME
of stream flow, runoff and subsurface water including but not limited
to intakes, diversion weirs and transbasin underground tunnel to
generate power.
d. Petroleum/Natural Gas
The host LGU or region is that where the producing petroleum/natural
gas reservoir is located, as delineated by detailed geochemical,
geophysical exploration surveys.
D. Nature of Benefits Provided Under ER 1-94
1. The generation company and/or energy resource developer shall set aside
one centavo per kilowatt-hour (Php0.01/KWh) of the total electricity sales as
financial benefit of the host communities of such generation facility, where
applicable.
a. For a generation facility and/or energy resource located in a non-highly
urbanized city, the Php0.01/KWh financial benefit shall be allocated as
follows:
i. Fifty percent of one centavo per kilowatt hour (Php0.005/KWh)
of the total electricity sales shall be set aside as an electrification
fund (EF) to be applied in the following radiating order:
1. Designated resettlement area/s
2. Host barangay(s)
3. Host municipality/ies or city/ies
4. Host province/s
5. Host region/s
6. Other areas as may be prioritized/determined by the DOE
ii. Twenty five percent of one centavo per kilowatt hour (Php0.0025/
KWh) of the total electricity sales as a development and livelihood
fund (DLF) to be applied in the following manner:
1. Designated resettlement area/s - 5%
2. Host barangay/s - 20%
3. Host municipality/ies or city/ies - 35%
4. Host province/s - 30%
5. Host region/s - 10%
In the absence of a designated resettlement area/s, funds
allocated for the resettlement shall form part of the host
barangay/s.
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LTOM, 2ND EDITION
iii. Twenty five percent of one centavo per kilowatt hour (Php0.0025/
KWh) of the total electricity sales as a reforestation, watershed
management, health and/or environment enhancement fund
(RWMHEEF) to be allocated in the following manner:
1. Designated resettlement area/s - 5%
2. Host barangay/s - 20%
3. Host municipality/ies or city/ies - 35%
4. Host province/s - 30%
5. Host region/s - 10%
In the absence of a designated resettlement area/s, funds
allocated for the resettlement shall form part of the host
barangay/s.
b. For a generation facility and/or energy resource located within a highly
urbanized city, the Php0.01/KWh financial benefit shall be allocated as
follows:
i. Seventy five percent of one centavo per kilowatt-hour (Php0.0075/
KWh) of the total electricity sales of all generation facilities located
in highly urbanized city shall be set aside into one account as a
electrification fund (EF) to be applied in the following priority:
1. Designated resettlement area/s
2. Host barangay/s
3. Host city/ies
4. Province/s nearest to the host city/ies
5. Region/s of the host city/ies
6. Host communities of other facilities with insufficient
electrification fund
7. Areas traversed by transmission lines and sub-stations of
similar facilities
8. Other areas as may be prioritized/determined by the DOE
ii. Twelve and one-half percent of one centavo per kilowatt-hour
(Php0.00125) as a DLF to be allocated in the following manner:
1. Designated resettlement area/s – 10%
2. Host barangay/s – 30%
3. Host city/ies – 60%
87
SOURCES OF INCOME
88
LTOM, 2ND EDITION
89
SOURCES OF INCOME
B. Toll fees or charges for the use of any public road, pier or wharf, waterway, bridge,
ferry or telecommunications systems funded and constructed by the LGU
concerned. (Sec. 155, LGC; Sec. 47, Volume I, GAAM); and
C. 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)
90
LTOM, 2ND EDITION
91
SOURCES OF INCOME
j. Public cemetery;
k. Tourism facilities and other tourist attractions, including the acquisition
of equipment, regulation and supervision of business concessions and
security services for such facilities; and
l. Sites for police and fire stations and sub-stations and the municipal
jail.
3. For a Province
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;
b. Industrial research and development services, 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;
d. Subject to the provisions of Title 5, Book 1 of the LGC, health services
which include hospitals and other tertiary health services;
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;
g. Infrastructure facilities intended to service the needs of the residents
of the province and which are funded out of provincial funds including,
but not limited to, provincial roads and bridges; inter-municipal water-
works, drainage and sewerage, flood control, and irrigation systems;
reclamation projects; and 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;
i. Investment support services, including access to credit financing;
92
LTOM, 2ND EDITION
93
SOURCES OF INCOME
94
CHAPTER COLLECTION PROCEDURES
3
SECTION 79. DESIGNATION OF COLLECTING OFFICERS
The head of an agency may designate such number of collecting officers or agents
as may be deemed necessary.
As a general rule, the collection of revenues and receipts shall be done by the regularly
appointed collecting officer/treasurer.
In local government units, local treasurers are vested by law to collect and receive
all monies accruing to their respective jurisdictions whether in the form of collective
taxes and other revenues or receipts or trust funds pertaining to other branches or
units of the government. (Secs. 170 and 247, LGC)
Collectors/tellers may also be designated to assist collecting officers/treasurers and
they shall turn over their collections daily to the collecting officer/treasurer concerned.
(Sec. 65, Chapter 3, Volume I, GAAM)
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COLLECTION PROCEDURES
96
LTOM, 2ND EDITION
97
COLLECTION PROCEDURES
98
LTOM, 2ND EDITION
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COLLECTION PROCEDURES
figures appearing on the face of the check. The number and the date of the official
receipt issued shall be indicated at the back of the check. (Sec. 78, Chapter 3,
Volume I, GAAM)
D. Non-Acceptance of Checks
When a check drawn in favor of the government is not accepted by the drawee
bank for any reason, the drawer shall continue to be liable for the sum due and all
penalties resulting from delayed payment. (Sec. 79, Chapter 3, Volume I, GAAM)
Non-Acceptance of Checks with Erasure, Alteration and/or Deficiency
1. Effective January 4, 2016, any check that shows or indicates on its face any
erasure or alteration of the following:
a. date;
b. name of the payee (whether indicated as “Cash” or “Bearer” or “Holder”
or a specific name or any other word or phrase of identification;
c. amount in figure/s;
d. amount in words;
e. signature/s of the drawer/s or the drawer’s signatory/ies;
f. account name;
g. account number;
h. check number; or
i. Magnetic Ink Character Recognition (MICR) characters
regardless of any signature or initials that appear to indicate
authorization of the alteration or erasure
OR
2. Any check that does not indicate the following shall no longer be eligible or
acceptable for clearing:
a. date;
b. payee;
c. amount payable in figures;
d. amount payable in words, except for checks issued by banks (Manager’s
or Cashier’s Checks, Demand Drafts) using a check writer; or
e. signature of the Drawer/s
(Philippine Clearing House CHOM No. 15-460.A, 02 September
2015)
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101
COLLECTION PROCEDURES
C. General Guidelines
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103
COLLECTION PROCEDURES
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 check/s and the supporting documents
shall be submitted to the Auditor concerned and the duplicate copy
shall be retained by the local accountant.
c. The dishonored check/s and the corresponding cancelled OR shall
also be reflected in the individual taxpayer’s records/ index cards
and other records of collections maintained by the Office of the Local
Treasurer. At the end of each month the local treasurer shall prepare
a report of dishonored check/s 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, Chapter 3, Volume I, GAAM)
5. Redemption of Dishonored Checks
The following rules shall be observed when a dishonored check is redeemed:
a. A dishonored check shall be redeemed by tendering payment by way
of cash or manager’s/cashier’s check to the local treasurer or collecting
officer concerned. No other mode of payment shall be accepted;
b. Upon receipt of the cash or manager’s/cashier’s check, the collecting
officer or local treasurer shall issue an OR for the amount received.
The nature of the payment to be indicated shall be the same as that in
the previous OR cancelled, with the following notation on the receipt:
“Previous payment acknowledged by O.R. No. _____, dated ____,
cancelled on (date of notice of dishonor).” Accordingly, the redemption
of the dishonored check shall be recorded in the cashbook together
with other collections.
c. 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/her. (Sec. 89 (c), Volume I, GAAM). The fine or penalty to
be imposed shall be pursuant to the duly approved ordinance of the
LGU concerned.
d. Upon redemption of the dishonored check in the manner herein
prescribed, the collecting officer or local treasurer shall not return
the check to the payor concerned unless the latter first surrenders
the previous OR issued therefor. If the previous receipt is no longer
available, a sworn statement to the effect that it has been lost or
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LTOM, 2ND EDITION
105
COLLECTION PROCEDURES
106
LTOM, 2ND EDITION
107
COLLECTION PROCEDURES
108
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110
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111
COLLECTION PROCEDURES
Idle Funds refer to cash which the LGU can freely invest in government securities
and/or fixed term deposits with AGDBs, after considering provisions for the
coverage of regular and recurring operating expenses like salaries, wages,
repairs and maintenance, inventories and supplies, debt servicing, etc. as well
as programmed disbursements for capital outlays and other non-recurring
expenses, within the context of the cash operating cycle of the LGU. Unremitted
collections for, and funds set aside for the payment of obligations to other entities,
government, and private, shall not form part of the idle funds. (Sec. 22, COA
Circular No. 93-382-A, 17 March 1993)
F. Opening of Depository Account
1. Provinces, cities and municipalities shall deposit and maintain government
funds with any of the following AGDBs:
a. Land Bank of the Philippines (LBP)
b. Development Bank of the Philippines (DBP)
c. Philippine Postal Savings Bank (PPSB)
d. Al Amanah Islamic Investment Bank of the Philippines
e. United Coconut Planters Bank (UCPB) – authorized to accept funds
from LGUs until further notice from the BSP, and subject to limitations
that may be prescribed by the Monetary Board
f. Philippine Veterans Bank (PVB) – authorized to accept funds from
LGUs, and subject to limitations prescribed by the Monetary Board
2. Deposits with banks other than those mentioned AGDBs may be allowed
without need of BLGF’s prior approval if any of the following circumstances
exists:
a. The aforementioned banks cannot provide the required banking
products and services;
b. The aforementioned banks or their collection facilities, are not
accessible within a twenty (20) kilometer radius; or
c. There are security and safety risks.
Provided that the following documentary requirements shall be
maintained by the LGU concerned: (a) Specific banking products or
services required, and Certifications from the AGDBs that the banking
products or services cannot be provided; (b) Vicinity map showing
the locations and the distance between the LGU and the AGDBs,
and the distance between the LGU and the proposed bank; and (c)
Report or Certification from the Philippine National Police Provincial
Office confirming the existence of the security risk. Provided, further,
that depository accounts shall not exceed the following prescribed
maximum balances:
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LTOM, 2ND EDITION
Maximum Maintaining
LGU Income Classification
Balance (PhP)
Municipality - 1st Class 15,000,000.00
Municipality - 2nd Class 10,000,000.00
Municipality - 3rd Class 7,500,000.00
Municipality - 4th Class 5,500,000.00
Municipality - 5th Class 3,500,000.00
Municipality - 6th Class 2,500,000.00
Barangay 500,000.00
C. When the depository account exceeds the maximum maintaining balance, the
LGU shall request for prior approval from the BLGF to open and maintain an
account with non-AGDBs upon submission of the following:
1. Letter from the Head of the LGU or its duly designated officer stating: (1) the
terms of the deposit, purpose for opening and maintaining an account with
the proposed bank, and the specific circumstance; and (2) shall comply with
fiscal and financial reporting requirements of the BLGF.
2. Certification from the proposed bank that no elective or appointive government
official of the LGU concerned is a director, officer or stockholder of the bank,
unless certified that it is the only bank operating in the territorial jurisdiction of
the LGU; Copy of the Resolution of the local Sanggunian authorizing the
LGU to deposit funds with the proposed bank with the approval of the LCE;
and directing the LCE and all concerned with fiscal and financial reporting
requirements of the DOF and the BLGF.
D. The LGUs shall require the proposed bank to: (i) within one (1) banking day, notify
the LGU, if the bank’s authority to accept government deposits has been revoked
pursuant to relevant laws, issuances, or regulations of the BSP; and (ii) within five
(5) banking days, submit to the BSP proof of receipt of such notice.
On the last business day of March of every year, the heads of LGUs shall submit
the following to the BLGF: (i) a report on its receipt of a notice of revocation of
authority from any bank where it maintains an account, if any; and, (ii) a list of its
accounts in all banks.
E. Where any of the AGDBs establishes or operates a branch or extension office
within the territorial jurisdiction or in the locality where the LGU or any of its branches,
field offices, departments, divisions or operating units holds or conducts its office
or business, or (ii) the exceptional circumstances no longer prevail, whichever
comes first, the LGU shall transfer all funds and cash balances to the AGDBs
within three (3) banking days.
(DOF Department Circular No. 01.2017 dated 11 May 2017, as circularized
under BLGF Memorandum Circular No. 07-01-2017, dated 03 July 2017)
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COLLECTION PROCEDURES
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Bank account shall be debited with the deposits of collections with the bank
and credited with withdrawals from the depository account (COA Circular
No. 92-382, 03 July 1992).
2. The Treasurer/Cashier shall maintain the following cashbooks:
a. Cashbook - Cash in Treasury shall be used to record collections
(Debit Column) and deposits to the bank (Credit Column) based on
the RCD. The cashbook shall be maintained by the Treasurer by fund
and shall be updated and balanced daily. The Accountable Officer
shall, at the end of the month or when required to do so by proper
competent authority, rule and foot the cashbook. He/She shall likewise
accomplish the following certification in the cashbook:
I HEREBY CERTIFY that the foregoing is a correct and complete
record of the cash transactions had by me in my capacity as Treasurer/
Cashier of __________________________ during the period from
____________, 20___ to _______________, 20___, inclusive, as
indicated in the corresponding columns.
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COLLECTION PROCEDURES
PERSON/UNIT
PROCESS
RESPONSIBLE
1. Receive payment from taxpayers/creditors and
issue Official Receipts (OR). Prepare Report of
Collections and Deposits (RCDs). Remit to the Collector/Teller
Liquidating Officer or LO (if one is designated)
or Local Treasurer
2. Check remittances and verify Accountable
Forms (AF) of Collectors/Tellers. Consolidate
Liquidating Officer
collections and remit to the Local Treasurer/
Cashier. Prepare RCD.
3. Receive remitted collections, consolidate
the same and prepare RCD. Record in the Local Treasurer
cashbook Cash-In-Treasury.
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117
CHAPTER CHAPTER TITLE
1
FORMS AND ANNEXES
ANNEX 9
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119
FORMS AND ANNEXES
3.1.7 Secs. 55 (c) provides that the local chief executive may veto an
ordinance or resolution only once. The sanggunian may override
the veto of the local chief executive by two-thirds (2/3) vote of all its
members, thereby making the ordinance effective even without the
approval of the local chief executive concerned.
3.1.8 Secs. 187 stipulates that public hearing is mandatory prior to the
enactment of the LGC.
3.1.9 Secs. 56 and 57 provide that sangguniang panglungsod or sangguniang
bayan and sangguniang barangay shall forward to the sangguniang
panlalawigan and sangguniang panglungsod or sangguniang bayan
respectively the approved ordinances. Within the time prescribed
therein, the appropriate sanggunian shall review the forwarded
approved ordinance to determine whether such is beyond the power
of the sangguniang panglungsod or bayan concerned or whether
the barangay ordinance is consistent with law and city or municipal
ordinances.
3.1.10 Secs. 56 (d) provides that if no action has been taken by the
sangguniang panlalawigan within thirty (30) days after submission of
such ordinance or resolution, the same shall be presumed consistent
with law and therefore valid.
3.1.11 Secs. 188 requires that within ten (10) days after their approval,
certified true copies of all provincial, city, and municipal tax ordinances
or revenue shall be published in full for three (3) consecutive days in a
newspaper of local circulation; the same shall be posted in at least two
(2) conspicuous and publicly accessible places.
3.2 RA No. 11032: Ease of Doing Business and Efficient Government Service
Delivery (EODB EGSD) Act of 2018
3.2.1 Sec. 5 provides that all proposed regulations of government agencies
under Sec. 3 of the same Act shall undergo regulatory impact
assessment to establish if the proposed regulation does not add undue
regulatory burden and cost to these agencies and the applicants or
requesting parties.
3.2.2 Sec. 6 provides that all government agencies including departments,
bureaus, offices, instrumentalities, or government-owned and/or
-controlled corporations, or LGUs shall set up their respective most
current and updated service standards to be known as the Citizen’s
Charter in the form of information billboards which shall be posted
at the main entrance of offices or at the most conspicuous place, in
their respective websites and in the form of published materials written
either in English, Filipino, or in the local dialect, that detail:
“(a) A comprehensive and uniform checklist of requirements for each
type of application or request;
“(b) The procedure to obtain a particular service; “(c) The person/s
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LTOM, 2ND EDITION
121
FORMS AND ANNEXES
7 Sec. 147. Fees and Charges. - The municipality may impose and collect such reasonable fees and charges on
business and occupation and. except as reserved to the province in Sec. 139 of this Code, on the practice of
any profession or calling, commensurate with the cost of regulation, inspection and licensing before any person
may engage in such business or occupation, or practice such profession or calling.
8 Sec. 152. xxx...
(c) 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 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.
(d) Other Fees and Charges - The Barangay may levy reasonable fees and charges:
(1) On commercial breeding of fighting cocks, cockfighting an cockpits;
(2) On places of recreation which charge admission fees; and
(3) On billboards, signboards, neon signs, and outdoor advertisements.
9 Sec. 138. Tax on Sand, Gravel and Other Quarry Resources - 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, as defined under the National Internal Revenue Code, as amended, extracted from
public lands or from the beds of seas, lakes, rivers, streams, creeks, and other public waters within its territorial
jurisdiction.
The permit to extract sand, gravel and other quarry resources shall be issuedexclusively by the provincial
governo,r pursuant to the ordinance of the Sangguniang Panlalawigan.
10 Sec. 148. Fees for Sealing and Licensing of 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 prescribedby the
Sangguniang Bayan.
11 Sec. 149. 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 therefore in accordance with the
provisions of this Section. xxx...
12 Supra Note 2
13 Ibid
122
LTOM, 2ND EDITION
14 Ibid
15 Sec. 154. Service Fees and Charges. - Local government units may impose and collect such reasonable fees
and charges for services rendered.
16 Sec. 154. Public Utility Charges. - The Sanggunian concerned may prescribe the terms and conditions and
fix the rates for the imposition of toll fees or charges 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.
17 Ibid
18 Sec. 186. Power To Levy Other Taxes, Fees or Charges. - Local government units may exercise the power to
levy taxes, fees or 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 or charges shall not be enacted without
any prior public hearing
123
FORMS AND ANNEXES
124
LTOM, 2ND EDITION
125
FORMS AND ANNEXES
126
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127
FORMS AND ANNEXES
11. Feedback
11.1 For related queries, kindly contact the Office of the Bureau of Local Government
Development (BLGD) through telephone nos. (02) 927-7852 or (02) 925-0356
or at email address: localfiscal.blgd@gmail.com or visit www.dilg.gov.ph and/
or the BLGF through Tel. No. (02) 527-2790 or visit www.blgf.gov.ph.
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129
FORMS AND ANNEXES
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 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.
D. It must not prohibit but only regulate trade.
A provision under Sec. 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, 17
April 1947, cited in Philippine Law on Taxation, 2000 Ed., Ursal)
1. In the case of Wise & Co. vs. City of Manila, GR No. L9957, 25 April 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.
2. In Saldana vs. City of Iloilo, GR No. L-10470, 27 September 1957, the Court
declared as a forbidden export tax an inspection fee on every hog, cattle and
carabao transported to other places.
3. 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 3rd Endorsement to the Provincial Treasurer of Palawan,
07 July 1987)
E. It must be generally consistent with public policy.
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 law-making body, the ordinances they enact
must be consistent with the policies declared by Congress through the measures
it enacted, as well as be harmonized with the national government’s policies
enshrined in executive orders and other administrative issuances.
F. It must not be unreasonable.
A tax is said to be unreasonable when it is unjust, excessive, oppressive or
confiscatory. It is:
1. Unjust when it is deficient in justice and fairness;
2. Excessive when it is characterized by whatever is notably higher than what is,
reasonable, proper, usual, necessary and equitable;
3. Oppressive when it is unreasonably burdensome, unjustly severe, or harsh;
and
130
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131
FORMS AND ANNEXES
132
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133
FORMS AND ANNEXES
allows all LGUs to levy a 0.5% socialized housing tax on the assessed value
of all lands in urban areas in excess of ₱50,000. The funds can be used to
finance social housing projects of the LGU.
II. Community Activity-Based Tools
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, LGC). 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, LGC). 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 ₱1,000, pays the community tax to the LGU
where he/she resides. The amount of tax is ₱ 5 plus ₱ 1 for every ₱ 1,000 of
income from all sources, but not exceeding ₱ 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)
C. Franchise Tax (Sec. 137, LGC). 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, LGC). 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, LGC). 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 ₱300.00 per year and be paid to the LGU
where the professional resides. (Applicable only to cities and provinces)
F. Amusement Tax (Sec. 140, LGC). 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 10% of
gross receipts (RA No. 9640). The time, manner, terms and conditions for
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LTOM, 2ND EDITION
135
FORMS AND ANNEXES
B. Toll Fees or Charges (Sec. 155, LGC). 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 and ferry, including
telecommunication systems funded and constructed by the LGU. Toll fees
should be commensurate with the economic benefits derived by users of the
facilities.
C. Public Utility Charges (Sec. 154, LGC). LGUs may fix the rates for the
operation of public utilities owned, operated and maintained by them within
their jurisdiction.
IV. Debt-Based Tools
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, LGC). 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. An 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 allowed to
enter into Build-Operate-Transfer (BOT) agreements with the private sector.
B. Financial Investment (Sec 18, LGC). LGUs may invest in public or private
financial instruments. Excess or idle funds may generate additional revenues
through bank time deposits.
V. Revenue Sharing-Based Tools
These are tools based on national government revenues shared with LGUs as
provided for in the LGC.
A. Share in Mining, Fishery, and Forestry Taxes (Sec. 290, LGC). In addition
to its IRA, LGUs shall have a 40% 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.
B. Share in the Gross Sales or Taxes of GOCCs (Sec. 291, LGC). LGUs
may share in the gross sales or taxes of a government-owned or controlled
corporation (GOCC), if it is engaged in the development and utililization 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. (Sec. 294, LGC)
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LTOM, 2ND EDITION
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.
Table G.1. Probable Infrastructure Financing Options for Philippine LGUs
137
FORMS AND ANNEXES
Annex 12: Cash Book, Cash-In-Treasury (Annex 19 of MNGAS for LGUs, Volume II)
CASHBOOK
___________________________
LGU
Fund: ______________________
CASH IN TREASURY
Date Particulars Reference
Debit Credit Balance
INSTRUCTIONS
A. This form shall be accomplished as follows:
1. LGU - name of the province/city/municipality
2. Fund - fund name/code
3. Date - date of the source documents
4. Particulars - details or nature of transactions
5. Reference - the number of Report of Collections and Deposits
6. Debit- the amount of collections based on RCD
7. Credit - the amount deposited with the banks based on the RCD's
attached deposit slips
8. Balance - the difference between the Debit and Credit columns, which shall
be equal to the amount of cash in the hands of the Treasurer.
B. The Treasurer shall maintain this record to monitor the cash in treasury 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.
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LTOM, 2ND EDITION
Annex 13: Cash Book, Cash-In-Bank (Annex 20 of MNGAS for LGUs, Volume II)
CASH IN BANK
Date Particulars Reference
Debit Credit Balance
INSTRUCTIONS
A. This form shall be accomplished as follows:
1. LGU - name of the province/city/municipality
2. Fund - the Fund name/code
3. Bank Account No. - the bank name and account number
4. Date - date of the source documents
5. Particulars - details or nature of transactions
6. Reference - the number of the source document
7. Debit - the amount deposited for the day based on the RCD's deposit slips
and interest income and other related transactions based on Journal Entry
Vouchers (JEV)
8. Credit - the amount of checks issued for the day based on the Checks/
Bank Advise and withholding taxes/charges and other charges based on
JEV
9. Balance - the difference between the Debit and Credit columns which
shall be equal to the amount of Cash in Bank.
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 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.
139
FORMS AND ANNEXES
Annex 14: Cash Book, Cash Advance (Annex 21 of MNGAS for LGUs, Volume II)
CASHBOOK
___________________________
LGU
CASH ADVANCES
Date Particulars Reference
Debit Credit Balance
INSTRUCTIONS
A. This form shall be accomplished as follows:
1. LGU - name of the province/city/municipality
2. Disbursing Officer - name of Disbursing Officer
3. Fund - the fund from which cash advance was made
4. Date - date of the source documents
5. Particulars - details or nature of transactions
6. Reference - the number of the Voucher Payroll
7. Debit - the amount advanced by the Disbursing Officer based on the
Voucher Payroll
8. Credit - the amount disbursed out of the cash advances
9. Balance - the difference between the Debit and Credit columns which
shall be equal to the amount of cash in hand of Disbursing Officers
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.
140
LTOM, 2ND EDITION
CASHBOOK
___________________________
LGU
Collector: ___________________
Remitted to
Collections Balance on
Date Report No. Particulars LO
Debit Hand
Credit
INSTRUCTIONS
A. This form shall be accomplished as follows:
1. LGU - name of the province/city/municipality
2. Collector - name of collector
3. Date - date of the Report of Collections and Deposits (RCD)
4. Report No. - shall be numbered one series per year
5. Particulars - nature of collection
6. Debit - total collections per RCD
7. Credit - amount of collections remitted to the Liquidating Officer (LO)
8. Balance - the difference between the Debit and Credit columns or the
unremitted collections to the LO
141
FORMS AND ANNEXES
CASHBOOK
___________________________
LGU
Fund: ______________________
Balance on
Date Report No. Debit Credit
Hand
INSTRUCTIONS
A. This form shall be accomplished as follows:
1. LGU - name of the province/city/municipality
2. Liquidating Officer - name of liquidating officer
3. Date - date of the Report of Collections and Deposits (RCD)
4. Report No. - shall be numbered one series per year
5. Debit - summary of collections turned over by the collectors as well as the
LO’s own collections
6. Credit - collections turned over by the LO to the Treasurer/Cashier
7. Balance - the difference between the Debit and Credit columns or collections
not yet turned over to the Treasurer/Cashier
142
LTOM, 2ND EDITION
________________________
________________________
________________________
Sir/Madam:
_______________________________
Local Treasurer
Note: The last paragraph applies only to cases where the cause of dishonor of the check is lack or insufficiency of
funds. Where the check is dishonored by reason of defect inform, such as incomplete signature or the like.
143
144
______________________________________________________
LGU
Month of _________________________ 20 _____________
Accountable Officer: _____________________________ Designation: _____________________________ Report No. __________________
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.
______________________________________________ ________________________________
Name and Signature of the Accountable Officer Date
LTOM, 2ND EDITION
145
146
CONSOLIDATED REPORT OF ACCOUNTABILITY FOR ACCOUNTABLE FORMS (CRAAF)
______________________________________________________
LGU
Certified Correct:
________________________________ ____________________________
Treasurer Date
LTOM, 2ND EDITION
147
FORMS AND ANNEXES
Page 1 of 2
REPORT OF COLLECTIONS AND DEPOSITS (RCD)
______________________________
Name of LGU
A. COLLECTIONS
1. For Collectors
Official Receipt/Serial No.
Type (Form No.) Amount
From To
B. REMITTANCES/DEPOSITS
148
LTOM, 2ND EDITION
Page 2 of 2
C. ACCOUNTABILITY FOR ACCOUNTABLE FORMS
Beginning Balance Receipt Issued Ending Balance
Name of Form Inclusive Inclusive Inclusive Inclusive
& No. Qty.
Serial Nos.
Qty.
Serial Nos.
Qty.
Serial Nos.
Qty.
Serial Nos.
Php __________________.
Amount in Figures
149
FORMS AND ANNEXES
Annex 17: Report of Collection and Deposits (Annex 41 of MNGAS for LGUs, Volume II)
150
LTOM, 2ND EDITION
10. Certification - shall be signed by the Accountable Officer preparing the report.
11. Verification and Acknowledgement - shall be signed by the Treasurer/
Liquidating Officer receiving the RCD and corresponding remittances. In
case of RCD of the Local Treasurer, this portion shall no longer be filled up.
However, the validated deposit slip/remittance advice from the bank shall be
attached to 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
2nd Copy - Treasurer's File
3rd Copy - Liquidating Officer's File
4th 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.
151
FORMS AND ANNEXES
ANNEX 19
Republic of the Philippines
DEPARTMENT OF FINANCE
Roxas Boulevard Corner Pablo Ocampo, Sr. Street
Manila 1004
3.3 “Government Funds” include public moneys of every sort and other
resources pertaining to any agency of the government, including LGUs and
GOCCs.
152
LTOM, 2ND EDITION
Cebu Port Authority, the Cagayan de Oro Port Authority, the San Fernando Port
Authority, the Local Water Utilities Administration and the Asian Productivity
Organization.
3.5 “Government-Owned or -Controlled Corporations (iGOCCs)” refer
to any agency organized as a stock or non-stock corporation, vested with
functions relating to public needs whether governmental or proprietary in
nature, and owned by the Government of the Philippines directly or through
its instrumentalities either wholly or, where applicable as in the case of stock
corporations, to the extent of at least a majority of its outstanding capital stock.
Provided, however, That for purposes of this Circular, the term “GOCC” shall
include GICP/GCE and GFI as defined herein.”
Section 2. Section 5.2 of Department Circular No. 01-2015 dated June 1, 2015, as
amended, is hereby amended to read as follows:
"5.2 NGAs, GOCCs and LGUs, specifically allowed by law, rules and regulations
to retain income and/or for operations and/or working balances, shall deposit
and maintain Government Funds with any of the following banks:
a. Land Bank of the Philippines;
b. Development Bank of the Philippines;
c. Philippine Postal Savings Bank;
d. Al Amanah Islamic Investment Bank of the Philippines;
e. United Coconut Planters Bank - authorized to accept funds from NGAs/
GOCCs/ LGUs until further notice from the BSP, and subject to limitations
that may be prescribed by the Monetary Board; and
5.2.1 NGAs and GOCCs shall secure written authority to open deposit
accounts and/or deposit Government Funds from the duly authorized
official of the BTr/ DOF in all banks, including those listed in Section
5.2, in accordance with relevant laws, issuances, and regulations
of the BSP. NGAs and GOCCs shall submit a notarized waiver: (i)
allowing the BTr/ DOF to examine, inquire, or look into all its deposits
or accounts in all banks, including those listed in Section 5.2, and (ii)
allowing the BTr/ DOF to require the banks, including those listed in
Section 5.2, to submit reports/statements with respect to its accounts.
Subject to the existence of any of the circumstances under Section
5.4 and prior approval under Section 5.5, a GOCC may be allowed to
deposit Government Funds and maintain accounts with banks other
than those listed in Section 5.2, provided that the account balance
shall be either: (i) equivalent to its operating expenses of up to three
(3) months based on its latest audited financial statement; or (ii) up
to the maximum deposit insurance coverage of the Philippine Deposit
Insurance Corporation (PDIC) of P500,000.00 , whichever is lower .
153
FORMS AND ANNEXES
154
LTOM, 2ND EDITION
155
FORMS AND ANNEXES
g. Other information that the BTr/ DOF/ BLGF may require in the
course of its evaluation.
5.5.2 The NGAs/ GOCCs/ LGUs shall require the proposed bank to: (i)
within one (1) banking day, notify the NGA/ GOCC/ LGU, if the bank’s
authority to accept government deposits has been revoked pursuant
to relevant laws, issuances, or regulations of the BSP; and, (ii) within
five (5) banking days, submit to the BSP proof of receipt of such notice.
On the last business day of March of every year, the heads of NGAs/
GOCCs/ LGUs shall submit the following to the BTr/ DOF/ BLGF: (i) a
report on its receipt of a notice of revocation of authority from any bank
where it maintains an account, if any; and, (ii) a list of its accounts in
all banks.”
Section 5. Section 5.5.2 of Department Circular No. 01-2015 dated June 1, 2015,
as amended, is hereby renumbered as Section 5.6, and amended to read as follows:
"5.6 Where (i) any of those listed in Section 5.2 establishes or operates a branch
or extension office within the territorial jurisdiction or in the locality where the
NGA/ GOCC/ LGU or any of its branches, field offices, departments, divisions
or operating units holds or conducts its office or business, or (ii} the exceptional
circumstance under Section 5.4 is no longer prevailing, whichever comes first:
the NGA/ GOCC/ LGU shall transfer all funds and cash balances to banks
listed in Section 5.2 within three (3) banking days; provided, that in the case
of an NGA, proper reporting of cash balances on the bank accounts should be
made to the BTr or its field offices before and after the closure of the account
with the proposed bank.”
Section 6. Section 3 of Department Circular No. 03-2016 (Requests for Extension
of Deadline) is hereby deleted. The provision on “Sanctions” of Department Circular
No. 01- 2015 is hereby reinstated and renumbered as Section 6-A, and shall be
implemented starting July 1, 2017 .
Section 7. NGAs and GOCCs shall submit notarized waivers required under Sect
ion 5.2.1 for all existing accounts within ninety (90) days from the effectivity of this
Department Circular.
Section 8. All other orders, circulars, memoranda, issuances contrary or inconsistent
herewith, including Department Circular No. 03-2015 dated August 24, 2015, and
Department Circular No. 02-2016 dated July 8, 2016, except Sections 1 and 3, are
hereby revoked and/or modified.
Section 9. This Circular shall take effect immediately, upon publication in the Official
Gazette or in a newspaper of general circulation in the Philippines.
CARLOS G. DOMINGUEZ
Secretary of Finance
156
LTOM, 2ND EDITION
SCHEDULE A
Prescribed Maximum Maintaining Balance of LGUs
with banks that are not listed in Section 5.2
Barangay 500,000.00
157
FORMS AND ANNEXES
ANNEX 20
Republic of the Philippines
DEPARTMENT OF FINANCE
BUREAU OF LOCAL GOVERNMENT FINANCE
8th Floor EDPC Building, BSP Complex, Roxas Boulevard, 1004 Manila
158
LTOM, 2ND EDITION
159
FORMS AND ANNEXES
5.4.2 The banks listed in Section 5.2 or their collection facilities, are not
accessible within a twenty (20) kilometer radius; or
5.4.3 There are security and safety risks.”
c. In the case of an LGU, it shall submit (i) a certification from the proposed
bank that no elective or appointive government official of the LGU
concerned is a director, officer or stockholder of the bank, unless certified
that it is the only bank operating in the territorial jurisdiction of the LGU;
and, (ii) a copy of the Resolution of the local Sanggunian authorizing the
LGU to deposit funds with the proposed bank with the approval of the
Local Chief Executive, and directing the Local Chief Executive and all
concerned with fiscal and financial reporting requirements of the DOF
and the BLGF;
d. In cases where the circumstances in Section 5.4.1 is prevailing, the letter
from the Head of LGU shall identify the specific banking products or
services required, and, if so required by the BLGF, provide certifications
from those listed in Section 5.2 that the banking products or services
cannot be provided;
e. In cases where the circumstance in Section 5.4.2 is prevailing, the LGU
shall submit a vicinity map showing (i) the locations, and (ii) the distance
between the LGU, and those listed in Section 5.2 and (iii) the distance
between the LGU and the proposed bank;
f. In cases where the circumstance in Section 5.4.3 is prevailing, the
LGU shall submit a report or certification from the Philippine National
Provincial Office confirming the existence of the security risk; and
g. Other information that the BLGF may require in the course of its
evaluation.
5.5.2. The LGUs shall require the proposed bank to: (i) within one (1) banking
day, notify the LGU, if the bank’s authority to accept government deposits
160
LTOM, 2ND EDITION
161
FORMS AND ANNEXES
Furthermore, for the effective monitoring thereof and for the purpose of
updating the database of this Bureau in line with Sec. 5.5.2 of said DC, all local
treasurers are instructed to submit to the concerned BLGF Regional Office, not
later than 29 September 2017, an updated report on LGU depository banks as of
30 June 2017, using the previously issued standard reporting format by this Bureau.
The Regional Directors of this Bureau are hereby instructed to immediately
and widely disseminate this issuance to all Provincial, City and Municipal Treasurers
within their respective regional jurisdictions, who in turn are likewise hereby directed
to provide a copy for their respective Provincial Governors, City and Municipal Mayors
and others concerned.
162
LOCAL TREASURY
OPERATIONS MANUAL
2ND EDITION
DEPARTMENT OF FINANCE
BUREAU OF LOCAL GOVERNMENT FINANCE
Manila, Philippines
Local Treasury Operations Manual (LTOM), 2nd Edition
ISBN: 978-971-94098-8-5
No part of this book may be reproduced in any form or by any means without the express
permission of the copyright owner and the publisher.
BOOK III
Fund Management Practices,
Expenditures and Disbursements
i
TABLE OF CONTENTS
TABLE OF CONTENTS
Section 92. Definition of Terms vi
CHAPTER 1 1
LOCAL AND OTHER SPECIAL FUNDS
Section 93. Concept of Funds 1
Section 94. Fundamental Principles Governing the Financial 1
Affairs, Transactions, and Operations of LGUs
Section 95. Classification of Funds in the Local Government 2
CHAPTER 2 4
LOCAL BUDGETING
Section 96. The Local Budget Process 4
Section 97. Use of Appropriated Funds and Savings 13
CHAPTER 3 14
EXPENDITURES AND DISBURSEMENTS
Section 98. Expenditures 14
Section 99. Prohibition against Expenditures 14
Section 100. Types of Unlawful Expenditures 15
Section 101. Disbursements 30
Section 102. Policies Related to the Budget, Accounting, and 30
Disbursement Functions in LGUs
Section 103. Disbursements by Check 31
Section 104. Cancellation of Lost Checks Issued 35
Section 105. Cancellation of Spoiled and Stale Checks 36
Section 106. Cash Disbursement 36
Section 107. Cash Advances 38
Section 108. Granting and Utilization of Cash Advances 39
Section 109. Liquidation of Cash Advances 43
Section 110. Guidelines and Procedures in the Write-off of 49
Unliquidated Cash Advances
Section 111. Special Education Fund (SEF) Disbursements 53
Section 112. Trust Fund Disbursements 55
Section 113. Utilization of Confidential Funds 56
Section 114. Guidelines on the Grant and Liquidation of Cash 61
Advance for Confidential Funds
CHAPTER 4 65
FUND MANAGEMENT PRACTICES
Section 115. Cash Programming Tools 65
Section 116. Medium Term Forecast 65
Section 117. Cash Flow Analysis (CFA) 66
ii
LTOM, 2ND EDITION
CHAPTER 5 70
EXAMINATION, AUDIT, AND SETTLEMENT OF ACCOUNTS
Section 123. General Principles, Rules, and Regulations 71
Section 124. Guidelines in the Issuance of Audit Observation 75
Memorandum(AOM)/Notice of Suspension (NS)/Notice
of Disallowance (ND)/Notice of Charge (NC)/Notice
of Settlement of Suspension/ Disallowance/Charge (NSSDC)
and Statement of Audit Suspensions, Disallowances
and Charges (SASDC)
Section 125. Service of Copies of ND/NS/NC 77
Section 126. Notice of Settlement of Suspension/ Disallowance/ 78
Charge (NSSDC)
Section 127. Statement of Audit Suspensions, Disallowances, and 78
Charges (SASDC)
Section 128. Issuance of Notices by Special Audit Team 79
Section 129. Decisions and Appeals 79
Section 130. Appeal to the Supreme Court 82
Section 131. Finality and Enforcement of Decisions 82
Section 132. Unsettled ND/NC/NS 84
Section 133. Determination of Balance of Accountability 84
Section 134. Cash Examination 84
Section 135. Objectives of Cash Examination 85
Section 136. Common Procedures and Techniques 85
Section 137. Specific Procedures and Techniques 87
Section 138. Accountable Officer’s Presence During the Count 89
Section 139. Sealing of the Vault, Safe, and Other Cash Receptacles 90
Section 140. Cash Shortage or Overage 90
CHAPTER 6 95
ACCOUNTABILITY, RESPONSIBILITY, AND LIABILITY
OF LOCAL TREASURERS AND OTHER ACCOUNTABLE
OFFICERS
Section 141. Determination of Persons Responsible/Liable 95
Section 142. Other Liabilities of Local Treasurer Under the Local 96
Government Code (LGC)
Section 143. Policies on Cash Examination 97
Section 144. Indemnity from Fidelity Fund 99
iii
TABLE OF CONTENTS
Section 145. Filing of Request for Relief from Accountability Due to 100
Fortuitous Events or Natural Calamities, or Due to Acts
of Man; Theft, Robbery, Arson, etc.
iv
LTOM, 2ND EDITION
INTRODUCTION
LTOM Book III discusses the fundamentals of fund management practices,
expenditures and disbursement process as components of good local fiscal
management. It also features the procedures and remedies on cash shortages
and the COA guidelines on the examination of books of accounts of the LGUs.
It likewise highlights the role and responsibilities of local treasurers, as well as their
administrative, civil and criminal liabilities, in the administration and custody of local
government funds.
Book III consists of eight (8) Chapters, including Forms and Annexes, viz:
Chapter 1 Local and Other Special Funds
Chapter 2 Local Budgeting
Chapter 3 Expenditures and Disbursements
Chapter 4 Fund Management Practices
Chapter 5 Examination, Audit and Settlement of Accounts
Chapter 6 Accountability, Responsibility and Liability of Local Treasurers
and Other Accountable Officers
v
DEFINITION OF TERMS
1 Governance for Sustainable Human Development, United Nations Development Programme (UNDP), 1997.
vi
CHAPTER LOCAL AND OTHER SPECIAL FUNDS
1
SECTION 93. CONCEPT OF FUNDS
A. Fund refers to a sum of money or other assets convertible to cash, 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)
B. Government Funds include public moneys of every sort and other resources
pertaining to any agency of the government. [Sec. 135, Volume I, Government
Accounting and Auditing Manual (GAAM)]
C. Local treasurers and other treasury personnel play an increasing role in
safeguarding local finance and improving financial performance of LGUs. In
particular, it is incumbent upon them to continuously embrace and apply effective
fund management practices in the daily operations of LGUs to ensure good
governance.
1
LOCAL AND OTHER SPECIAL FUNDS
H. Local budget plans and goals shall, as far as practicable, be harmonized with
national development plans, goals, and strategies in order to optimize the
utilization of resources and to avoid duplication in the use of fiscal and physical
resources.
I. Local budgets shall operationalize approved local development plans.
J. LGUs shall ensure that their respective budgets incorporate the requirements of
their component units and provide for equitable allocation of resources among
these component units.
K. National planning shall be based on local planning to ensure that the needs and
aspirations of the people, as articulated by the LGUs in their respective local
development plans, are considered in the formulation of budgets of national line
agencies or offices.
L. Fiscal responsibility shall be shared by all those exercising authority over the
financial affairs, transactions, and operations of the LGUs.
M. The LGU shall endeavor to have a balanced budget in each fiscal year of operation.
[Sec. 305 (a to m), LGC]
N. 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, is sufficient to cover the proposed expenditure. [Sec. 85 (1),
Presidential Decree (PD) No. 1445]
2
LTOM, 2ND EDITION
B. Special Funds
There shall be maintained in every provincial, city or municipal treasury the
following special funds:
1. Special Education Fund (SEF) – consist of the respective shares of
provinces, cities, municipalities and barangays in the proceeds of the
additional tax on real property to be appropriated for purposes prescribed in
Sec. 272 of the LGC.
2. Trust Funds - 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 LGU. [Sec. 309 (b), LGC]
3
CHAPTER LOCAL BUDGETING
2
SECTION 96. THE LOCAL BUDGET PROCESS
The budget process in LGUs is divided into five (5) phases:
Preparation
Accountability Authorization
Execution Review
A. Budget Preparation Phase. It is the first phase of the local budget process. It
involves cost estimation per programs, projects and activities (PPAs), preparation
of budget proposals, executive review of budget proposals, and preparation of
Local Expenditure Program and the Budget Message. This phase starts with the
issuance of the Budget Call and ends with the submission of the Executive Budget
to the Sanggunian.
The Local Chief Executive (LCE) shall prepare the executive budget for the
ensuing fiscal year upon receipt of the statements of income and expenditures
from the treasurer, the budget proposals from the heads of various departments
and offices and the estimates of revenue and budgetary ceilings from the Local
Finance Committee (LFC).
The LFC composed of the Local Planning and Development Coordinator, Local
Budget Officer and the Local Treasurer shall have among others the following
functions as defined in Sec. 316 of the LGC:
1. Determine the income reasonably projected as collectible for the ensuing
fiscal year;
2. Recommend the appropriate tax and other revenue measures or borrowings
considered realistic and feasible to support the budget;
3. Recommend to the LCE the level of annual expenditures and ceilings of
4
LTOM, 2ND EDITION
spending for economic, social and general public services based on the
approved local development plan;
4. Recommend to the LCE the proper allocation of expenditures for each
development project/activity and between current operating expenditures
and capital outlays; and
5. Recommend to the LCE the amount to be allocated for capital outlay.
a. Role of the Local Treasurer in Budget Preparation
i. Certify jointly with the Local Accountant all statement of income
and expenditures of the preceding fiscal year, the actual income
and expenditures of the first two (2) quarters of the current year
and the estimated income and expenditures for the last two (2)
quarters of the current year.
ii. Prepare budget proposal of the Local Treasurer’s Office and
submit this to the Local Budget Officer for review and consolidation.
iii. Budget proposals of department or offices shall be divided
into two (2) primary categories, namely: the current operating
expenditures and the capital outlays. Such budget proposals
shall contain the following information:
1. Objectives, functions, and projects showing the general
character and relative importance of the work to be
accomplished or the services to be rendered, and the cost
thereof;
2. Organizational charts and staffing patterns indicating the list
of plantilla positions with their corresponding salaries, and
proposals for reclassification of positions and salary changes
as well as the creation of new positions with their proposed
salary grade, duly supported by proper justification;
3. Brief description of the functions, projects and activities for
the ensuing fiscal year, expected results for each function,
project and activity, and the nature of work to be performed,
including the objects of expenditures for each function,
project and activity;
4. Relation of the work and financial proposals to approved
local development plans;
5. Estimated current operating expenditures and capital
outlays with comparative data for the last two (2) preceding,
current, and ensuing fiscal years; and
6. Accomplishment reports for the last two (2) preceding and
current fiscal years.
5
LOCAL BUDGETING
INDICATIVE RESPONSIBLE
ACTIVITY OFFICIAL
SCHEDULE
PREPARE AND
SUBMIT BUDGET JULY 15 DEPARTMENT HEADS
PROPOSALS
CONDUCT BUDGET
AUGUST 15 LCE/LFC
HEARING
PREPARE THE
OCTOBER 10 LCE/LFC
EXECUTIVE BUDGET
PREPARE THE
OCTOBER 10 LCE/LFC
BUDGET MESSAGE
SUBMIT EXECUTIVE
BUDGET TO THE OCTOBER 10 LCE/LFC
SANGGUNIAN
B. Budget Authorization Phase. It is the second phase in the local budget process.
This phase starts from the time the Sanggunian receives the Local Expenditure
Program (LEP) submitted by the LCE. The Sanggunian shall deliberate on the
6
LTOM, 2ND EDITION
C. Budget Review Phase. It is the third phase in the local budget process. Its
primary purpose is to determine whether the AO has complied with the budgetary
requirements and general limitations set forth in the LGC and provisions of other
applicable laws. It starts from the time the reviewing authority receives the AO for
review and ends with the issuance of the review action.
(Budget Operations Manual for LGUs 2016 Edition)
The Department of Budget and Management (DBM) shall review ordinances
authorizing the annual or supplemental appropriations of provinces, highly
urbanized cities, independent component cities, and municipalities within the
Metropolitan Manila Area in accordance with Sec. 327 of the LGC. (Sec. 326,
LGC)
The Sangguniang Panlalawigan shall review the ordinance authorizing annual or
supplemental appropriations of component cities and municipalities in the same
manner and within the same period prescribed for the review of other ordinances.
(Sec. 327, LGC)
D. Budget Execution Phase. The execution of the budget in accordance with
existing rules and regulations is the fourth phase of the budget process in local
governments. After the usual recording of appropriations in the proper registries,
the execution of the budget involves the release of allotments, the certification
of available appropriations and cash, the recording of actual obligations and
disbursements of funds for approved PPAs and the delivery of goods and services
to target clients.
1. Role of the Local Treasurer in Budget Execution
a. The local treasurer takes charge of collection of revenues and
disbursement of local government funds and such other funds of the
LGU. He ensures that cash is available for payment of obligations and
disbursements do not exceed appropriations.
b. He/She shall prepare the Detailed Financial and Physical Performance
Targets by Programs/Projects/Activities and Performance Indicator of
the Treasurer’s Office. This document presents the quarterly breakdown
7
LOCAL BUDGETING
8
LTOM, 2ND EDITION
9
LOCAL BUDGETING
10
LTOM, 2ND EDITION
11
LOCAL BUDGETING
NOTE
12
LTOM, 2ND EDITION
13
CHAPTER EXPENDITURES AND DISBURSEMENTS
3
SECTION 98. EXPENDITURES
Government expenditures include all charges against the fund of the agency for
current operating expenditures, capital outlays and provisions for retirement of long
term obligations. The charges are both the amounts actually paid and those incurred
and recorded as liabilities to be paid in the future. [Sec. 154, Volume I, Government
Accounting and Auditing Manual (GAAM)]
Classification of Expenditures
A. 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. [Sec. 306 (f), LGC]
Current Operating Expenditures are classified into:
1. Personal Services
2. Maintenance and Other Operating Expenses
B. 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 government including investments in the capital of government-owned or
controlled corporations and their subsidiaries as well as investments in public
markets and slaughter houses. [Sec.306 (d), LGC] (Sec. 155, Volume I, GAAM)
14
LTOM, 2ND EDITION
15
EXPENDITURES AND DISBURSEMENTS
16
LTOM, 2ND EDITION
17
EXPENDITURES AND DISBURSEMENTS
18
LTOM, 2ND EDITION
2. Illegal expenditures are expenditures which are contrary to law. (The 2009
Rules and Regulations on Settlement of Accounts, COA Circular No.
2009-006, 15 September 2009)
19
EXPENDITURES AND DISBURSEMENTS
20
LTOM, 2ND EDITION
21
EXPENDITURES AND DISBURSEMENTS
22
LTOM, 2ND EDITION
23
EXPENDITURES AND DISBURSEMENTS
24
LTOM, 2ND EDITION
25
EXPENDITURES AND DISBURSEMENTS
26
LTOM, 2ND EDITION
Internal Revenue (BIR) and Bureau of Customs (BOC) tax receipts, and
other cost of importation and reasonable mark-up;
15. Excessive expenditures in the celebration of Christmas, anniversary and
other special occasions;
16. Excessive allowances to participants and expenses in relation to lakbay-
aral, seminars or trainings; and
17. Claims for EMEs and other similar expenses of GOCCs in excess of the
amounts authorized in their corporate charters and in the absence thereof,
the amounts fixed under the GAA. The amount provided to in the charter
shall be included in the Corporate Operating Budget (COB), subject to the
approval of the DBM.
(Annex D, COA Circular No. 2012-003, 29 October 2012)
27
EXPENDITURES AND DISBURSEMENTS
28
LTOM, 2ND EDITION
29
EXPENDITURES AND DISBURSEMENTS
30
LTOM, 2ND EDITION
31
EXPENDITURES AND DISBURSEMENTS
32
LTOM, 2ND EDITION
33
EXPENDITURES AND DISBURSEMENTS
34
LTOM, 2ND EDITION
35
EXPENDITURES AND DISBURSEMENTS
C. For checks which became spoiled or stale in the hands of the payee and require
replacement, a new check may be issued upon submission of the spoiled or stale
check to the Local Treasurer. A certified copy of the DV shall be requested from
the Auditor for presentation to the Administrator/ LCE who shall countersign the
check. The cancelled check shall be reported and attached to the RCI prepared at
the period of cancellation. The replacement check shall be reported chronologically
in the RCI.
(Sec. 59, Chapter 3, Volume I, MNGAS for LGUs)
36
LTOM, 2ND EDITION
C. Certify on the availability of fund and forward Treasurer (COA Circular No. 2006-
to the Approving Officer 002, 31 January 2006)
D. Approve on the payment and forward payroll Local Chief Executive or Authorized
to the Cashier. Approving Officer
E. Gather duly certified and approved payroll Office of the Treasurer
to be paid out of cash advance. Prepare
DV for cash advance corresponding to the
net amount of payroll/s and submit to the
Accounting Unit.
F. Check completeness of document/ previous Accounting Unit
cash advance/s liquidated, sign Box A of DV
and forward to Treasurer
G. Certify on the availability of fund (Box B) and Treasurer
forward to the Approving Officer.
H. Approve on the payment covered by DV (Box Local Chief Executive
C) and forward to Treasurer for preparation
of checks.
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EXPENDITURES AND DISBURSEMENTS
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EXPENDITURES AND DISBURSEMENTS
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LTOM, 2ND EDITION
acknowledge the amount returned. A new cash advance for PCF shall be set
up in the ensuing year.
(Sec. 48, Chapter 3, Volume I, MNGAS for LGUs)
6. Additional Documentary Requirements for Initial Cash Advances:
a. Approved estimates of petty expenses for one month
(COA Circular No. 2012-001, 14 June 2012)
2. The amount of the cash advance shall be limited to the requirements for
two months. Within 5 days after the end of each month, the Accountable
Officer shall submit a Report of Disbursements. Additional cash advances
shall be granted on the basis of the activity budget or the requirements for
two months whichever is lower.
(COA Circular No. 97-002, 10 February 1997)
3. Additional Documentary Requirement:
i. Approved Budget for COE of the agency field office or agency activity
in the field. (COA Circular No. 2012-001, 14 June 2012)
F. TRAVELLING ALLOWANCES:
1. Official local or foreign travels and assignments under this Order shall cover
only those which meet the following criteria: (i) it is essential to the effective
performance of an official or employee’s mandates or functions; (ii) it is
required to meet the needs of the department, agency, bureau or office, or
there is substantial benefit to be derived by the State; (iii) the presence of
the official or employee is critical to the outcome of the meeting, conference,
seminar, consultation or any official activity to be attended; and (iv) the
projected expenses are not excessive or involve minimum expenditure.
2. All officials authorized to approve local or overseas travels are required, as far
as practicable, to minimize travel cost. Hence, all forms of communications,
such as, but not limited to teleconferencing and videoconferencing or
submission of briefs and position papers, as alternatives to travel, must
be explored, provided, these do not compromise national security and
confidentiality of official communications.
(EO No. 77, 15 March 2019)
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EXPENDITURES AND DISBURSEMENTS
3. General Guidelines:
a. Both official local and foreign travels shall be treated and accounted
for as cash advances. Official local travel shall no longer be treated as
direct charges to appropriations of allotments. The Accountant shall
obligate all cash advances granted.
b. No cash advance shall be granted to any official or employee unless
a proper accounting of the previous cash advance for travel given to
him/her is first made or the same is first liquidated and/or settled:
c. Proper accounting shall mean the receipt by the Accountant of the
prescribed liquidation documents although not yet recorded in the
books of accounts nor audited by the auditor.
d. Liquidation shall mean the recording of the liquidation documents
in the books of accounts by the accountant as a credit to the cash
advance account after verifying the same, although not yet audited by
the Auditor.
e. Settlement shall mean the issuance of the Credit Notice by the Auditor
after the audit of the liquidation documents.
f. Cash advances granted for purposes of official travel, both local and
foreign, shall not require bonding of the traveling official or employee.
(COA Circular No. 96-004, 19 April 1996)
4. Documentary Requirements:
a. Local Travel
i. Office Order/Travel Order approved in accordance with Sec. 3 of
Executive Order (EO) No. 298
ii. Duly approved itinerary of travel
iii. Certification from the accountant that the previous cash advance
has been liquidated and accounted for in the books
b. Foreign Travel
1. Office Order/Travel Order approved in accordance with the
provisions of Secs. 1 and 2 of EO No. 459, 01 September 2005
i. Provincial Governors and Mayors of highly urbanized
cities or independent component cities - as approved
by the Secretary of the Department of Interior and Local
Government
ii. Other government officials and employees - as approved
by the head of agency
2. Duly approved itinerary of travel
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LTOM, 2ND EDITION
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EXPENDITURES AND DISBURSEMENTS
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LTOM, 2ND EDITION
B. DOCUMENTARY REQUIREMENTS
1. Payroll Fund for Salaries, Wages, Allowances, Honoraria and other Similar
Expenses
a. Report of Disbursements certified correct by the Accountable Officer
b. Approved payrolls/vouchers duly acknowledged/signed by the payee/s
c. Approved Daily Time Records (DTRs) or Certificate of Service
d. Approved application for leave
e. In case of payment of personnel under the “job order” status, duly
verified/accepted accomplishment report
f. OR in case of refund for unclaimed salaries
g. Authority from the claimant and identification of documents, if claimed
by person other than the payee
h. Such other pertinent supporting documents as are required by the
nature of expense
2. Petty Cash Fund
a. Summary of Petty Cash Vouchers
b. Report of Disbursements
c. Petty Cash Replenishment Report
d. Approved purchase request with Certificate of Emergency Purchase,
if necessary
e. Bills, receipts, sales invoices
f. Certificate of inspection and acceptance
g. Report of Waste Materials in case of replacement/repair
h. Approved trip ticket for gasoline expenses
i. Canvass from at least three suppliers for purchases involving ₱1,000
and above, except for purchases made while on official travel
j. Summary/Abstract of Canvass
k. Petty Cash Vouchers duly accomplished and signed
l. OR, in case of refund
45
EXPENDITURES AND DISBURSEMENTS
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47
EXPENDITURES AND DISBURSEMENTS
48
LTOM, 2ND EDITION
49
EXPENDITURES AND DISBURSEMENTS
50
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51
EXPENDITURES AND DISBURSEMENTS
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55
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B. PROCEDURAL GUIDELINES
1. LGUs with peace and order concerns shall allocate in their respective Annual
Appropriations Ordinance funds for POP, as part of its Peace and Order and
Public Safety Plan.
The total amount for CF shall not exceed thirty percent (30%) of the total
amount allocated for the LGU’s POP.
2. The release and use of CF shall be covered by a resolution duly approved
by two-thirds (2/3) of the total membership of the Local Peace and Order
Council.
3. LGUs shall secure certification from the concerned PNP chief in their locality
relative to the peace and order situation highlighting in concrete details the
circumstances which require the urgency in allocating CF.
4. Additional CF shall be covered with a supplemental budget authorized by
the Sanggunian concerned and/or reviewed by the DBM Secretary or his/
her authorized representative as the case may be, the source of which shall
not come from 20% Development Fund of the LGU.
5. Request for additional CF in excess of the ceiling provided shall be filed with
the concerned DILG Field Officer justifying the need thereof supported with
the following documentary requirements:
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EXPENDITURES AND DISBURSEMENTS
a. Duly approved Three-Year Peace and Order and Public Safety Plan;
b. Annual and Supplemental Appropriations Ordinance indicating the
appropriations for CF;
c. Certification from the Budget Officer as to the availability of
appropriations;
d. Certifications from the concerned PNP Chief in their locality relative
to the peace and order situation highlighting in concrete details the
circumstances which require the urgency in allocating funds for
confidential activities;
e. Physical and Financial Plans for both the original allocation for CF and
the subject request; and
f. Certification of Full Disclosure Policy (FDP) compliance.
6. Upon review of the documents and the field-verification of the circumstances
as to the need to allocate additional CF, the DILG Regional Office shall
forward the request within five (5) days to the Director of the Bureau of Local
Government Supervision (BLGS) for further evaluation. The Director of the
BLGS shall submit his/her recommendation to the Secretary of the DILG,
who shall approve or disapprove the request.
C. REPORTING REQUIREMENTS
To strengthen accountability, all HoAs of LGUs which released CF shall submit
Quarterly Accomplishment Report on the use of CF, which must be duly certified
by the HoA, not later than the 15th day of the first month of the succeeding quarter
to the Secretary of the DILG.
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LTOM, 2ND EDITION
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EXPENDITURES AND DISBURSEMENTS
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LTOM, 2ND EDITION
ii. Courier
iii. Authorized liaison officer
b. The agency liaison officer’s authorization by the HoA must be presented
to the receiving staff designated by the ICFAU.
c. The ICFAU authorized receiving staff shall open the sealed envelope in
front of the liaison officer to verify the completeness of the documents
stated in the covering transmittal letter. If incomplete, the ICFAU
authorized receiving staff shall not stamp “received” and shall return
the documents in a sealed envelope signed by the ICFAU staff.
d. A copy of the transmittal letter, duly received by the ICFAU authorized
staff, shall be forwarded by the liaison officer to the Agency Accountant
and the COA ATL concerned. Upon receipt of said transmittal letter,
the Agency Accountant shall record the liquidation of the cash advance
in the books of accounts.
e. In case of LR received by ICFAU thru mail, the “Received” copy shall
immediately be sent to the concerned agency within five (5) days upon
its receipt.
f. In case Notice of Disallowance is issued by ICFAU after post audit
of the liquidation of the cash advance, the Agency Accountant shall
restore in the books of accounts the cash advance corresponding to
the amount of disallowance and shall form part of the unliquidated
cash advance of the SDO/HoA.
g. All cash advances for CF shall be liquidated at year-end.
3. The liquidation of cash advances for CF shall be supported by the following
documentary requirements:
a. Liquidation report;
b. Certified copy of the check and paid DV of the cash advance being
liquidated, signed and/or approved by the HoA with certification by the
Agency Accountant stamped or printed on the DV;
c. Documentary evidence of payments and Certification by the HoA,
required under General Guidelines 8 and 9 of Sec. 113 of this Manual;
d. Copy of the Physical and Financial Plan;
e. Copy of the Accomplishment Report and its proof of submission to the
concerned agencies;
f. Copy of the transmittal letter of the DV and supporting documents
pertaining to the cash advance being liquidated duly stamped
“Received” by the office of the COA ATL; and
g. Other supporting documents the ICFAU deems necessary for the
proper evaluation of liquidation documents submitted.
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EXPENDITURES AND DISBURSEMENTS
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CHAPTER FUND MANAGEMENT SERVICES
4
SECTION 115. CASH PROGRAMMING TOOLS
Cash Programming Tools that may aid the Local Treasurer in cash management and
programming are the Cash Flow Forecast (CFF) and the Cash Flow Analysis (CFA).
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FUND MANAGEMENT SERVICES
3. The forecasting process for the transfers from Special Shares is as follows:
a. Step 1: Forecast AGRs for Special Shares, which are Shares from
Economic Zone, Expanded Value Added Tax (EVAT), National Wealth,
Philippine Amusement Gaming Corporation (PAGCOR) /Philippine
Charity Sweepstakes Office (PCSO)/ Lotto and Tobacco Excise Tax,
based on the total Special Shares for each LGU type receiving Special
Shares using elasticities econometrically estimated. The annual
growth rates for each LGU type are applied on total Special Shares of
the actual base year (t) to come up with the forecast value of Special
Shares in year t+1, and so on.
b. Step 2: Determine the probability of a particular LGU to receive its
Special Shares using the joint probability, i.e. the product of frequency
distribution across years and frequency distribution across LGUs per
LGU Type.
c. Step 3: Compute the forecasted value of Special Shares by applying
the probability of a particular LGU to receive its Special Shares to the
forecast value for Special Shares for particular LGU Type to determine
the Special Shares of a particular LGU for year t+1, and so on.
NOTE
The revenue forecasting model and templates are provided under BLGF
Memorandum Circular No. 16-2015, 19 June 2015, entitled “Local Public
Financial Management Tools for the Electronic Statement of Receipts and
Expenditures (eSRE).”
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67
CHAPTER
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LTOM, 2ND EDITION
The Commission on Audit (COA) is vested by the Constitution with the power, authority
and duty to examine, audit and settle all accounts pertaining to the revenues and
receipts of and expenditures or uses of funds, owned or held in trust by, or pertaining
to, the Government, or any of its subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations.
COA has the exclusive authority to define the scope of its audit and examination,
establish the techniques and methods required therefor, and promulgate accounting
and auditing rules and regulations, including those for the prevention and disallowance
of irregular, unnecessary, excessive, extravagant, or unconscionable (IUEEU)
expenditures or uses of government funds and property.
Specifically, such jurisdiction shall extend over but not limited to the following cases
and matter:
A. Disallowance of expenditures or uses of government funds, and properties found
to be illegal, irregular, unnecessary, excessive, extravagant or unconscionable;
B. Money claims due from or owing to any government agency;
C. Determination of policies, promulgation of rules and regulations, and prescription
of standards governing the performance by the Commission of its powers and
functions;
D. Resolution of novel, controversial, complicated or difficult questions of law relating
to government accounting and auditing;
E. Charges made in the audit of revenues and receipts resulting from under-appraisal,
under-assessment or under collection;
F. Audit of the books, records and accounts of public utilities as provided by law;
G. Visitorial power over non-governmental organizations:
1. Subsidized by the government.
2. Those required to pay levies or government share.
3. Those funded by donations through the government.
4. Those for which government has put up a counterpart fund.
5. Those entrusted with government funds or properties.
H. Authorization and enforcement of the Settlement of Accounts subsisting between
agencies of the government;
I. Compromise or release in whole or in part, of any settled claim or liability to any
government agency;
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LTOM, 2ND EDITION
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EXAMINATION, AUDIT AND SETTLEMENT OF ACCOUNTS
c. If the amount collected is less than what is due the government, the
difference shall likewise constitute a proper audit charge.
2. The NC shall be addressed to the agency head and the accountant; served
on the persons liable; and shall indicate the transaction and amount charged,
reasons for the charge, laws/rules/regulations violated; and persons liable. It
shall be signed by both the Audit Team Leader and the Supervising Auditor.
3. The NC shall be used and issued as often as charges are made by the
Auditor to notify the agency head, the accountant and the persons liable for
the charges noted in the audit of revenues/receipts/assessments.
4. The audit charge shall be settled within six (6) months from the date of
receipt of the NC.
5. The date of receipt of the NC by the persons liable therefor or by their
authorized representatives, as provided in Sec. 12 of The 2009 Rules and
Regulations on the Settlement of Accounts, COA Circular No. 2009-006,
shall be the reckoning date for purposes of counting the 6-month period for
appeal.
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LTOM, 2ND EDITION
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EXAMINATION, AUDIT AND SETTLEMENT OF ACCOUNTS
3. The running of the 6-month period shall resume upon receipt of a decision
from the Director.
(The 2009 Rules and Regulations on the Settlement of Account, COA
Circular 2009-006, 15 September 2009)
B. Proceedings Before the Director
1. For purposes of the Unified Audit Approach, jurisdiction over appeals from
NDs/NCs and from denials of request for relief from accountability, pursuant
to Rule V of the 2009 Revised Rules of Procedure of the COA (RRPC), the
COA Regional Directors shall have jurisdiction over the following:
a. Appeals from NDs/NCs issued by the SAs/ATLs of local government
units (LGUs)
b. Appeals from decisions of the SAs/ATLs of LGUs within their respective
regions, denying requests from relief from accountability.
(COA Circular No. 2019-002, 20 March 2019)
A person aggrieved by a disallowance/charge may file an Appeal
Memorandum to the Director within six (6) months from receipt of the
ND/NC.
(COA Resolution No. 2009-006, 15 September 2009)
2. Within five (5) calendar days from receipt of the Appeal Memorandum, the
Director shall order the Auditor to file his/her Answer, copy furnished the
Appellant, and to submit the entire records of the case including the Excerpt
of Documents and Summary of Events (EDSE), duly numbered at the bottom
of each page.
3. The Auditor shall comply with the order of the Director within fifteen (15)
calendar days from receipt thereof. The appellant may file a reply within the
same period from receipt of the Answer.
4. The Director shall decide the appeal within fifteen (15) calendar days from
receipt of the complete documents necessary for evaluation and decision.
5. If the Director reverses, modifies or alters the decision of the Auditor, the
case shall be elevated to the Commission Proper for automatic review of the
Director’s decision.
6. The Director shall not entertain a motion for reconsideration of his/her decision.
(The 2009 Rules and Regulations on the Settlement of Accounts, COA
Circular No. 2009-006, 15 September 2009)
C. Abolition of the COA Adjudication and Settlement Board (ASB)
The CP resolves to abolish the ASB without prejudice to its restoration should it
become necessary in the future. All appeals from the decisions of the Directors
and all cases presently under the jurisdiction of the ASB shall be filed with the CP,
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LTOM, 2ND EDITION
and Rule VI (Proceedings before the ASB) of the RRPC is repealed. All cases
pending with the ASB shall be forwarded to the CP for decision.
(COA Resolution No. 2012-001, 22 March 2012)
D. Proceedings Before the Commission Proper (CP)
1. Appeal from the Decision of the Director
a. A party aggrieved by the decision of the Director involving
disallowances/charges exceeding one million (₱1,000,000.00) pesos
may file an appeal to the CP within the time remaining of the six (6)
months period to appeal;
b. The CP shall decide any case or matter brought before it within sixty
(60) calendar days from the date of its submission for decision or
resolution.
c. A case or matter is deemed submitted for decision or resolution upon
the filing of the last pleading, brief, or memorandum required by the
rules of the Commission. If the account or claim involved in the case
needs reference to other person or office, or to a party interested, the
period shall be counted from the time the last comment necessary to
a proper decision is received by it.
2. Automatic Review of the Decision of the Director.
a. A decision of the Director which reverses, modifies or alters a decision
of the Auditor shall be automatically reviewed by the CP.
b. The CP shall within 60 calendar days from receipt of the Auditor’s
decision and the entire records of the case, review the same and
renders its own decision.
(The 2009 Rules and Regulations on the Settlement of Account,
COA Circular No. 2009-006, 15 September 2009)
3. Motion for reconsideration of CP Decision
a. A decision or resolution of the Commission upon any matter within its
jurisdiction shall become final and executory after the lapse of thirty
(30) days from notice of the decision or resolution.
The filing of a petition for certiorari shall not only stay the execution of
the judgment or final order sought to be reviewed, unless the Supreme
Court shall direct otherwise upon such terms as it may deem just.
b. A Motion for Reconsideration (MR) may be filed within 30 days from
notice of the decision or resolution, on the grounds that the evidence
is insufficient to justify the decision; or that the said decision of the
Commission is contrary to law. Only one (1) motion for reconsideration
of a decision of the Commission shall be entertained.
(COA Resolution No. 2011-006, 12 August 2011)
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EXAMINATION, AUDIT AND SETTLEMENT OF ACCOUNTS
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EXAMINATION, AUDIT AND SETTLEMENT OF ACCOUNTS
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EXAMINATION, AUDIT AND SETTLEMENT OF ACCOUNTS
I here certify on my official oath that all cash and depository transactions
had by me in my capacity as ___________
(Designation)
of __________
(Name of Agency)
at the time of
examination, showing the balance of __________ (₱____________) have
been correctly and completely recorded in the Cashbook.
___________ ______________________
Date Signature over Printed Name
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LTOM, 2ND EDITION
cashbook. Disclose in the cashbook that the adjustment, if any, was made
at the instance of the examining auditor with the AO and the former affixing
their initials and indicating the date of adjustment.
13. Accomplish the Statement of Accountability in General Form 74 (A) starting
from the date of last examination to current on the basis of verified amounts
of debits and credits to accountability of the AO. Ensure that the beginning
balance of the statement shall reflect the amount of accountability determined
during the last examination.
14. Prepare the Reconciliation Statement of Accountability to reconcile the
established accountability with the accounting records.
15. Prepare the Statement of Accountability for Accountable Forms.
16. Compare the balance of accountability arrived at with the inventory of unused
accountable forms. Require the AO to explain discrepancies in writing, if any.
Shortages of accountable forms with money value shall, like a shortage, be
covered by a letter of demand.
17. Require the AO to accomplish and sign the certificate of accountability
provided in General Form No. 74 (A).
18. Accomplish the required auditor’s certification provided in General Form No.
74 (A).
19. Determine the adequacy of the bond using the Bureau of the Treasury (BTr)
guidelines on bonds.
20. Determine the adequacy of the precautionary measures adopted by the
agency to safeguard cash and whether the existing measures adopted by
the agency to safeguard cash and the existing facilities of the AO provide
adequate protection against loss.
21. Review all necessary work papers and supporting documents. Prepare the
narrative report.
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EXAMINATION, AUDIT AND SETTLEMENT OF ACCOUNTS
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LTOM, 2ND EDITION
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EXAMINATION, AUDIT AND SETTLEMENT OF ACCOUNTS
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LTOM, 2ND EDITION
on the duplicate copy which is to form part of the auditor’s work papers.
Institute such measures necessary to safeguard adequately the cash and
records.
4. If a shortage is discovered on the accounts of a local treasurer, seize the
office and its contents and notify the COA Director concerned, the local chief
executive and the local accountant.
5. Turnover immediately to the AO next-in-rank in the local treasury service the
Office of the Treasurer and its contents, close, and render his/her account
on the date of the turnover.
6. In case the AO next-in-rank is likewise under investigation, take full possession
of the office and its contents, close and render his/her 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.
7. Direct the proper officer to withhold the payment of salary and other
emoluments except retirement pay, terminal leave benefits or gratuities,
due the defaulting AO once his/her cash shortage is ascertained. Sign
the withholding order. Report such withholding order promptly to the COA
Chairperson.
The salaries and emoluments to be withheld shall correspond to the amount
of the alleged shortage. Said amount shall be considered merely withheld
and shall not be applied to the shortage until final resolution by a competent
court of the AO’s indebtedness, if such is initiated. In the event that the
AO is found liable for the cash shortage, the withheld salary and other
emoluments shall be applied in payment of the indebtedness otherwise, it
shall be released to the AO.
8. The constructive distraint contemplated under Sec. 47 of Presidential Decree
No. 1445 may be effected under the following circumstances:
a. A shortage in the accounts of an AO is discovered in audit;
b. The amount of the shortage has not been restituted;
c. A prima facie case of malversation of public funds or property is found
against him/her;
d. There is reasonable ground to believe that he/she is retiring from the
government service; or intends to leave the Philippines; or intends to
remove his/her personal property from the Philippines; or intends to
hide or conceal such property;
e. The interest of the government has to be safeguarded.
9. The following are the procedures in effecting constructive distraint:
a. The auditor who discovered the shortage shall immediately submit a
report to the Chairperson, thru the supervising Auditor and Cluster/
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LTOM, 2ND EDITION
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EXAMINATION, AUDIT AND SETTLEMENT OF ACCOUNTS
12. If at any time after the constructive distraint has been effected, the AO
restitutes the full amount of the shortage, his/her personal property placed
under such distraint, shall be released therefrom.
Prosecution of the AO
13. Where a cash shortage is firmed up, submit the final narrative report together
with the affidavits, sworn statements and other supporting documents to
the Cluster/Region Director thru the Supervising Auditor for review and
evaluation.
14. If the facts and circumstances of the case warrant the filing of a criminal
action, the Cluster/Regional Director shall initiate such action by forwarding
the report accompanied by a letter-complaint to the Deputy Ombudsman
(for Luzon, Visayas or Mindanao) concerned, recommending the initiation
of criminal proceedings against the defaulting AO. Where the shortage is
discovered by special audit teams of other offices of the Commission, the
responsibility to initiate the criminal action shall fall upon the director or the
head of such office.
15. For the purpose of prosecuting the defaulting AO, make the following
documents available to the prosecuting officials:
a. Certified true copies of AO’s appointment, oath of office, official
designation and approved application for bond.
b. A copy of the Report of Cash Examination, narrative report and its
supporting exhibits and schedules, letter of demand, and the written
explanation of the AO on how the shortage occurred if any.
c. Affidavit or sworn statements of the auditors and other witnesses.
16. If the shortage is material and a case has already been filed, request thru the
COA Chairperson, the Department of Foreign Affairs the National Bureau of
Investigation and the Bureau of Immigrations and Deportation to deny the
AO any clearance for purposes of travel abroad unless cleared by the COA.
B. Cash Overage
1. In case a cash overage is determined, extend the examination as may be
necessary to establish the cause of the overage and uncover any irregularity
if any.
2. Obtain explanation from the AO. If the overage cannot be satisfactorily
explained by the AO, forfeit the amount in favor of the government and
request the Collecting Officer to issue an official receipt therefor.
(COA Memorandum No. 2013-004, 09 July 2013, Prescribing the Use of
the Revised Cash Examination Manual)
94
CHAPTER ACCOUNTABILITY, RESPONSIBILITY AND LIABILITY
6 OF LOCAL TREASURERS AND OTHER ACCOUNTABLE
OFFICERS
Accountability refers to the answerability for government funds of every public officer
whose duties permit or require the possession or custody of such government
funds in conformity with laws and regulations. Other public officers, although not
accountable for government funds by the nature of their duties, may likewise be
similarly held accountable and responsible therefor through their participation in the
use or applications of such government funds.
Liability is a personal obligation arising from an audit disallowance or charge which
may be satisfied through payment or restitution as determined by competent authority
or by other modes of extinguishment of obligation as provided by law.
Accountable Officer is the officer of any government agency who by the nature of his/
her duties and responsibilities or participation in the collection/receipt and expenditure/
use of government funds, is required by law or regulation to render account to the
Commission on Audit (COA).
(COA Circular No. 2009-006, 15 September 2009)
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LTOM, 2ND EDITION
(₱5,000.00) or 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.
519, LGC)
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ACCOUNTABILITY, RESONSIBILITY AND LIABILITY OF LOCAL TREASURERS AND OTHER ACCOUNTABLE OFFICERS
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2. Every officer accountable for government funds shall be liable for all loses
resulting from the unlawful deposit, use or application thereof and for all loses
attributable to negligence in the keeping of the funds.
3. No AO shall be relieved from liability by reason of his/her having acted under
the direction of a superior officer in paying out, applying, or disposing of the
funds or property with which he/she is chargeable; unless prior to the 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 AO who fails
to serve the required notice shall be secondarily liable.
4. Unless he/she registers his/her objection in writing, the local treasurer,
accountant, budget officer, or other AO shall not be relieved of liability for
illegal or improper use or application or deposit of government funds or
property by reason of his/her having acted upon the direction of a superior
officer, elective or appointive, or upon participation of other department heads
or officers of equivalent rank. The superior officer directing, or the department
head participating in such illegal or improper use or application or deposit of
government funds or property, shall be jointly and severally liable with the
local treasurer, accountant, budget officer, or other AO for the sum or property
so illegally or improperly used, applied or deposited.
5. Any public officer who commits any of the acts defined and penalized under
Arts. 213, 217, 218, 219 and 220 of the Revised Penal Code shall suffer the
penalty provided therefor.
6. In any criminal or civil proceedings against an officer for the embezzlement
or misappropriation of government funds or property, or to recover an amount
due the government from an AO, it shall be sufficient, for the purpose of
showing a balance against him/her, 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 may
be. 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.
99
ACCOUNTABILITY, RESONSIBILITY AND LIABILITY OF LOCAL TREASURERS AND OTHER ACCOUNTABLE OFFICERS
C. When no relief of accountability is granted by the COA, the agency concerned may
file claim for reimbursement from the Fidelity Fund to the extent of the approved
bond covered or amount of loss whichever is lower.
D. Any and all claims against the Fidelity Fund shall be filed as a money claim with
the COA, with a copy to the Bureau of Treasury (BTr) together with the evidence.
Claims approved by the COA shall constitute a legal claim against the Fidelity
Fund.
E. The agency shall file claim for payment from the Fidelity Fund with the BTr, attaching
the favorable findings of the COA. The BTr shall process the claim in accordance
with existing budgeting, accounting and auditing rules and regulations.
F. In case of defalcation, shortages and unrelieved losses in the account of bonded
public officer, the claim shall be supported by the following documents:
1. Agency and COA findings and recommendations on the defalcations,
shortages and unrelieved accountability;
2. Latest Statement of Assets and Liabilities of the bonded official/employee;
3. Proof of current and subsisting bond and payment of bond premium;
4. Other document/s which may be required by the BTr.
G. Receipt of refund from Fidelity Fund shall be accounted for in the same manner
as cash settlement or restitution.
100
LTOM, 2ND EDITION
1. Persons who are accountable for government funds and property which were
lost and/or damaged without negligence on their part in the custody thereof.
B. Where to file
1. Audit Team assigned at the government agency where the accountable officer
filing the request is assigned
1. Notice of loss of government supplies and property to the head of the agency
and the auditor assigned thereat;
2. Request for relief from accountability of the person accountable for government
funds and property filed within thirty (30) days or of such longer period as may
be allowed by the Commission accompanied by the following documents:
a. The basic notice of loss showing the exact date of filing and receipt in
the Office of the Auditor concerned;
g. Latest inventory and inspection report preceding the loss and inspection
report on the extent of damage/loss;
101
ACCOUNTABILITY, RESONSIBILITY AND LIABILITY OF LOCAL TREASURERS AND OTHER ACCOUNTABLE OFFICERS
m. Authenticated pictures of the site (loss through fire and theft or robbery/
hold-up;
p. Insurance policy, if any, and the fact of receipt of the insurance proceeds;
2. Cluster/Regional Director if the amount if more than P100,000 but not more
than P500,000
102
LTOM, 2ND EDITION
A. File the request with the Auditor - For Amount not exceeding Php100,000.00
Accountable COA
Officer
or Persons
Procedures Specific Office
Representative Responsible
1 File request for Ask for sufficient Audit Group/Team Receiving Clerk
relief with identification Concerned
sufficient and inquire about:
identification or
authorization. • Properties lost or
damaged and their
corresponding value:
• Name of accountable
officer and the agency
from which he/she
belongs
103
ACCOUNTABILITY, RESONSIBILITY AND LIABILITY OF LOCAL TREASURERS AND OTHER ACCOUNTABLE OFFICERS
B. File the request with the Cluster/Regional Director through the Audit Team
assigned at government agencies - For amounts exceeding P100,000.00 but not
more than Php500,000
Accountable COA
Officer
or Persons
Procedures Specific Office
Representative Responsible
1 File the request Ask for sufficient Audit Group/Team Receiving Clerk
with identification Concerned
sufficient and inquire about:
identification or
authorization. • Properties lost or
damaged and their
corresponding value
• Name of accountable
officer and the agency
from which he/she
belongs
104
LTOM, 2ND EDITION
105
ACCOUNTABILITY, RESONSIBILITY AND LIABILITY OF LOCAL TREASURERS AND OTHER ACCOUNTABLE OFFICERS
C. File the request with the Commission Proper through the Audit Team and Cluster/
Regional Director - For Amount in Excess of P500,000.00
Accountable COA
Officer
or Persons
Representative Procedures Specific Office
Responsible
1 File the request Ask for sufficient Audit Group/Team Receiving Clerk
with identification and inquire Concerned
sufficient about:
identification or
authorization. • Properties lost or
damaged and their
corresponding value
• Name of accountable
officer and the agency
from which he/she
belongs
106
LTOM, 2ND EDITION
107
ACCOUNTABILITY, RESONSIBILITY AND LIABILITY OF LOCAL TREASURERS AND OTHER ACCOUNTABLE OFFICERS
108
LTOM, 2ND EDITION
109
FORMS AND ANNEXES
110
LTOM, 2ND EDITION
111
CHAPTER CHAPTER TITLE
1
FORMS AND ANNEXES
Annex B - COA Circular No. 2006-000, 31 January 2006
MODE OF PAYMENT
EXPLANATION AMOUNT
A. Certified: B. Certified:
Obligation of Allotment for the purpose as Availability of Funds
indicated and completeness of supporting
documents
OR No./Date
JEV No. Date
112
LTOM, 2ND EDITION
INSTRUCTIONS
A. The DV shall be printed in one whole sheet of 81/2 x 11 size bond paper. This
shall be prepared in three copies to be distributed as follows:
Original - Accounting Unit
Duplicate - Cash Unit
Triplicate - Payee
B. The Accounting Unit shall stamp the date of receipt on the face of this form.
C. This form shall be accomplished in the following manner:
1. DV No. - Number assigned to the DV by the Accounting Unit. It shall be
numbered as follows:
0000 00 0000
Serial number
(One series
for each year)
Month
Year
2. Mode of Payment - put a check mark () in the appropriate box opposite
the mode of payment.
3. Payee - name of the payee or creditor
4. TIN/Employee No. - Tax Identification Number (TIN) of the claimant/
Identification Number assigned by the agency to the officer/employee
5. Obligation Request No. - Number of the obligation request supporting the
DV
6. Address - address of the claimant
7. Responsibility Center (Office/Unit/Project and Code) - the office/unit/
project and code assigned to the cost center where the disbursement shall
be charged
8. Explanation - brief description of the disbursement
9. Amount - amount of claim
10. Certified (Box A) - certification of the Head of Accounting Unit or his/her
authorized representative as to obligation of allotment for the purpose as
indicated and completeness of supporting documents
The certifying officer shall affix his/her signature, print his/her name, indicate
his/her position, and the date of his/her signing on the spaces provided
11. Certified (Box B) - certification by the Treasurer or his/her Authorized
Representative on the availability of fund
The certifying officer shall affix his/her signature, print his/her name, indicate
his/her position, and the date of his/her signing on the spaces provided.
113
FORMS AND ANNEXES
12. Approved for Payment (Box C) - approval by the Agency Head or his/her
Authorized Representative on the payment covered by the DV
The approving officer shall affix his/her signature, print his/her name, indicate
his/her position, and the date of his/her signing on the spaces provided.
13. Received Payment (Box D) - acknowledgment by the claimant or his/
her duly authorized representative for the receipt of the check/cash and
the date of receipt. The claimant/payee shall affix his/her signature on the
spaces provided and shall indicate the number and the date of the check,
bank name and number and date of OR/other relevant documents issued to
acknowledge the receipt of payment.
14. JEV No. and Date - Number and date of the Journal Entry Voucher
114
LTOM, 2ND EDITION
115
FORMS AND ANNEXES
INSTRUCTIONS
A. The Check Register shall be accomplished as follows:
1. LGU - name of the municipality/province/city
2. Fund - fund name/code
3. Bank Account No. - name of Bank
4. Date - date of check issued
5. Check Number - serial number of the MDS checks drawn shall be entered
in numerical sequence, including cancelled ones
6. Check – Date Released - date when the check is released to the payee.
7. Name of Payee - name of the payee/claimant
8. Amount - amount of check issued by the Accountable Officer
9. Received by - name and signature of the payee/claimant and the date
received
B. Each Disbursing Officer/Accountable Officer shall maintain this record. All
transactions for the day shall be recorded immediately.
116
LTOM, 2ND EDITION
117
FORMS AND ANNEXES
INSTRUCTIONS
The RCI shall be accomplished as follows:
1. LGU - name of the province/city/municipality
2. Period Covered - period covered by the report
3. Sheet No. - sheet number of the report
4. Report No. - number assigned by the Treasury Office on the report. The report
shall be numbered as follows:
00-00-00-0000
Series(One series per year)
Month
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 of Payment - 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 Petty Cash
Fund (PCF) and supporting documents
2nd copy – Accounting Unit
3rdcopy – 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).
c. This report shall be prepared chronologically including cancelled/voided checks.
118
LTOM, 2ND EDITION
TOTAL
Certified Correct: Received by:
__________________________________ __________________________________
Disbursing Officer Accounting Clerk
__________________________________ __________________________________
Date Date
119
FORMS AND ANNEXES
INSTRUCTIONS
A. This report shall be accomplished as follows:
1. LGU - name of the province/city/municipality
2. Accountable Officer - name of the Accountable Officer
3. Designation - position or designation
4. Report No. - assigned RD number which shall be as follows:
00-00-00-00-0000
Serial number(one series per year)
Month
Year
Disbursing Officers & Paymasters' Code
Fund
5. Sheet No. - page number of the report
6. Date - date of the DV/source of documents
7. DV No. - assigned DV number
8. Payee - name of the person/office to whom payment is made
9. Nature of Payment - nature of claims paid
10. Responsibility Center - code assigned to each cost center
11. Amount - amount of disbursement covered in the DV or supporting
documents
12. Certified by - name and signature of Disbursing Officer/Paymaster
13. Received by - name and signature of the designated Accounting
personnel who will acknowledge the report
B. The Disbursing Officer/Paymaster shall prepare this report to liquidate his/
her cash advance for each nature of cash advance such as cash advance for
salaries and field operating expenses and petty cash fund (at end of the year).
C. This report shall be prepared in three (3) copies and to be distributed as
follows:
Original - COA thru the Accounting Unit together with the original copy of
the paid vouchers/payroll and supporting documents
2 copy - Accounting Unit
nd
120
LTOM, 2ND EDITION
PA R T I C U L A R S AMOUNT
Itinerary of Travel:
_______________________________________________ ______________________________
Accounting Unit
______________________________
Date
121
FORMS AND ANNEXES
INSTRUCTIONS
A. This report shall be accomplished as follows:
1. LGU - name of the province/city/municipality
2. No. - number assigned by the Accounting Office which shall be as follows:
00-00-00-0000
Series(One series per year)
Month
Year
Fund
3. Date - date of the preparation of the report
4. Responsibility Center - code assigned to each cost center
5. Particulars and Amount - brief description of what has transpired of the
travel and corresponding costs
6. Total Amount Spent - actual amount spent
7. Amount of Cash Advance - amount of cash advanced for the travel
8. Amount Refunded - excess amount on the cash advanced less expenses
incurred
9. Amount to be Reimbursed - amount of cash advanced less expenses
incurred in the travel
10. Certified by: - signature of the employees/officer who made the cash
advance
11. Received by: - name and signature of the designated personnel in the
Accounting Office receiving the report
12. Date - date of receipt of the report by the Accounting Unit
B. This report shall be prepared by the employees/officers who made the cash
advance. It shall be prepared in three (3) copies:
Original - COA thru the Accounting Officer
Duplicate - Accounting Officer
Triplicate - employees/officer concerned
122
LTOM, 2ND EDITION
__________________________________ Date:
LGU
Payee/Office: _______________________ Responsibility Center
Address : _______________________
I. To be filled up upon request II. To be filled up upon liquidation
Particulars Amount Total Amount Granted ________________
Amount Refunded/
(Reimbursed) _______________
A. Requested by: C.
_______________________________
Name of Requestor Received Refund
_______________________________ __________________________________
Immediate Supervisor Disbursing Officer
B. Paid by: D.
_______________________________
Disbursing Officer Liquidation Submitted
_______________________________ __________________________________
Signature over Printed Name of Payee Signature of Payee
123
FORMS AND ANNEXES
INSTRUCTIONS
A. The form shall be accomplished as follows:
1. LGU - name of the agency
2. No. - number and date assigned to the PCV by the date the Accounting
Section/Unit, it shall be numbered in the following manner:
00-00-00-0000
Serial number (One series per year)
Month
Year
Fund
3. Date - date of the preparation of PCV
4. Payee/Office & Address - name/office/address of payee requesting for
petty cash advance.
5. Responsibility Center - code of the requesting office as assigned by the
COA
I. To be filled up upon request
6. Particulars - purpose of the petty cash advance request
7. Amount - amount of the petty cash requested
8. Box A - Requested by - shall be signed by the requestor
9. Box A - Approved by - shall be signed by the Immediate Supervisor of
the Requestor
10. Box B - Paid by - shall be signed by the Disbursing Officer (DO)
11. Box B - Cash Received by - shall be signed by the recipient of cash
II. To be filled upon liquidation
12. Total Amount Granted - the amount of cash received by the claimant
13. Total Amount Paid Per OR No._____ - the total amount paid as shown
in the invoice presented
14. Amount Refunded/Reimbursed - the difference between the total
amount granted less amount spent
15. Box C - the DO shall check the appropriate box and affix his/her signature
16. Box D - the payee shall check the appropriate box and affix his/her
signature
B. Part I shall be filled up upon request of the petty cash advance and Part II shall
be filled up upon liquidation.
C. The PVC shall be prepared in two (2) copies distributed as follows:
Original - Auditor thru the Chief Accountant together with the supporting
documents
Duplicate - retained by the DO for his/her file
124
LTOM, 2ND EDITION
LGU
DAILY CASH POSITION REPORT
General Fund
As of __________________
Collections:
Local Taxes ₱ xxx
Internal Revenue Allotment xxx
Permits and Licenses xxx
Service Income xxx
Business Income xxx
Other Income xxx
Less: Disbursements
Personal Services xxx
Maintenance and Other Operating Expenses xxx
Capital Outlays xxx
Financial Expenses xxx
Total Disbursements ₱ xxx
Net Cash Available for the day xxx
Add: Cash, Beginning Balance xxx
Total Cash Available to date ₱ xxx
Certified Correct:
____________________________
Treasurer/Authorized Representative
____________________________
Date
125
126
Annex A of COA/DBM/DILG/ Governance Commission for GOCCs/DND Joint Circular No. 2015-01, 8 January 2015
CY 20___
LGU: ____________________________________ Appropriation No.: _______________________ Yearly CF Approved and Budget Appropriation: ₱
Total
Prepared by: Noted by: Approved by:
_________________________________________
PROJECT ACCOUNTABLE OFFICER/SDO
Attested:
____________________________
HEAD OF THE AGENCY/
GOVERNOR/MAYOR
Subscribed and sworn to me this _____of _____, 20___.
_______________________
Name and Signature
127
128
Annex C of COA/DBM/DILG/ Governance Commission for GOCCs/DND Joint Circular No. 2015-01, 8 January 2015
Agency: AR No.:
Period Covered
AR Date:
Total Amount of CF Per Budget CY 20__ ₱____________ Total Amount of Cash Advance for the Period: ₱_________________
Program/Project/Ac-
tivities Per Physical &
Actual Outcome/Accomplishment Amount Utilized Limiting Factor Facilitating Factor Reference*
Financial Plan (Form in
Annex C)
Summary:
Name of Agency
Date ________________
129
FORMS AND ANNEXES
Page 2 of 2
130
LTOM, 2ND EDITION
Date: ________________
_______________________________________
Agency Resp. Center Code: _____
Particulars Amount
131
FORMS AND ANNEXES
Name of Agency
Date ________________
132
LTOM, 2ND EDITION
_____ e. Others:
_____ e.1 _____________________________________
_____ e.2 _____________________________________
_____ e.3 _____________________________________
Additional requirements
_____ f. Certified copy of Annual/Supplemental Budget
supported with the Annual Investement Program
showing the allocation/budget for Peace and Order
Program (POP) of the LGU, and the corresponding
Appropriation Ordinance approving the budget
_____ g. Statement of Itemized POP of the LGU where the
allowable CF was computed duly certified by the
Budget Officer
_____ h. Certified copy of the minutes of the meeting
evidencing the 2/3 votes of the Local Peace
and Order Council approving the POP and the
release of the CF
_____ i. Certification from the concerned PNP Chief in the
locality highlighting the peace and order situation
in the locality and supporting the need to release
and use of the CF
_____ j. Approval by the DILG Secretary in case of
additional appropriation for the CF
_____ k. Certified copy of the ObR
_____ 5. Certified Copy of the Physical and Financial Plan
_____ 6. Certified copy of the Accomplishment Report and its proof of
submission to the Secretary of the DILG
_____ a.Others
Please acknowledge receipt hereof.
Very truly yours,
133
LOCAL TREASURY
OPERATIONS MANUAL
2ND EDITION
DEPARTMENT OF FINANCE
BUREAU OF LOCAL GOVERNMENT FINANCE
Manila, Philippines
Local Treasury Operations Manual (LTOM), 2nd Edition
ISBN: 978-971-94098-8-5
No part of this book may be reproduced in any form or by any means without the express
permission of the copyright owner and the publisher.
BOOK IV
Detailed Procedures on the Administration
and Collection of Real Property Tax, Business Tax,
Fees and Charges, and Other Fund Sources
i
TABLE OF CONTENTS
TABLE OF CONTENTS
Section 146. Definition of Terms vi
CHAPTER 1 1
REAL PROPERTY TAX
Section 147. Procedures in Computing Real Property Taxes (RPT), 1
Interests and Discounts
Section 148. Treatment of Real Property Tax Payment under Protest 5
Section 149. Periods of Assessment and Collection 5
Section 150. Procedures in the Conduct of Administrative Action through 6
Levy on Real Property and Judicial Action
Section 151. Compromise Agreement in the Payment of Real Property Tax 15
CHAPTER 2 17
BUSINESS AND OTHER LOCAL TAXES
Section 152. Schedule on Business Tax 17
Section 153. Sample Illustrations of Other Local Taxes Imposed by 29
Provinces, Cities and Municipality within Metro Manila
Section 154. Sample Illustrations of Situs of Tax on Businesses 33
Section 155. Mayor’s Permit to Operate Business 41
Section 156. Examination of Books of Accounts 43
and Pertinent Records of Businessmen
Section 157. Guidelines in the Conduct of Examination of Book 44
of Accounts
Section 158. Retirement of Business 48
CHAPTER 3 50
CREDIT FINANCING AND ALTERNATIVE SOURCES OF FUNDS
Section 159. General Policy 50
Section 160. Credits and Other Sources of Funds Available to LGUs 50
Section 161. Other Build-Operate-Transfer Arrangements 50
Section 162. Duties and Responsibilities of Treasurers Relative 52
to Credit Financing
Section 163. Provisions for the Servicing of Contractual Obligations 53
of LGUs
Section 164. Enforceability of Loan Obligations Notwithstanding 53
the Expiration of the Terms of the Elective Contracting
Officials
Section 165. Guidelines on the Use of Funds Raised by Indebtedness 54
Section 166. Tax Exemption Privileges of LGUs 54
Section 167. Limitations on the Use of Credit Lines to Stabilize Local 55
Finance
Section 168. Common Requirements for Credit Financing of Local 55
Development Projects
ii
LTOM, 2ND EDITION
CHAPTER 4 71
THE STATEMENT OF RECEIPTS AND EXPENDITURES (SRE) AND
ELECTRONIC STATEMENT OF RECEIPTS AND EXPENDITURES
(eSRE) FINANCIAL MANAGEMENT REPORTING SYSTEM
Section 181. Statement of Receipts Expenditures (SRE) Financial Report 71
System: Definition, Composition, and Legal Basis
Section 182. Statement of Receipts Expenditures (SRE): Purpose and Use 72
Section 183. Electronic Statement of Receipts and Expenditures (eSRE) 73
Section 184. Guidelines and Manuals for the Preparation and Submission 75
of the eSRE Reports
Section 185. Submission of SRE Report 75
Section 186. Responsibilities and Sanctions 76
Section 187. Environment and Natural Resources Data Management Tool 77
(ENRDMT) Reports
Section 188. Submission of ENRDMT Reports 77
Section 189. Responsibilities and Sanctions 77
iii
TABLE OF CONTENTS
iv
LTOM, 2ND EDITION
INTRODUCTION
LTOM Book IV contains procedures, remedies and forms in the collection of real
property-related taxes, business and other local taxes, fees and charges. It also features
the policies, rules and procedures on credit financing and other resource mobilization
mechanisms, as well as the DOF-BLGF financial reporting requirements for LGUs.
This Book consists of four (4) chapters, including Forms and Annexes, viz:
Chapter 1 Real Property Taxation
Chapter 2 Business and Other Local Taxes
Chapter 3 Credit Financing and Alternative Sources of Funds
Chapter 4 The Statement of Receipts and Expenditures (SRE)
and the Electronic Statement of Receipts and Expenditures
(eSRE) Financial Management Reporting System
v
DEFINITION OF TERMS
vi
CHAPTER REAL PROPERTY TAX
1
SECTION 147. PROCEDURES IN COMPUTING REAL PROPERTY
TAXES (RPT), INTEREST AND DISCOUNTS
A. Computation of the Basic Tax and Special Education Fund (SEF) Tax – In
computing the basic RPT and the tax accruing to the SEF, 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.
2. The applicable tax rate shall be the rate fixed for the subject property by the
approved tax ordinance of the LGU concerned.
3. Formula for the computation of RPT
i. Basic Tax:
Tax Due = (Assessed Value) (Basic Tax Rate) - Discount + Interest
ii. SEF Tax:
Tax Due = (Assessed Value) (SEF Tax Rate) - Discount + Interest
iii. Total Tax Due
Tax Due = Basic Tax Due + SEF Tax Due
B. Formula for the Computation of the Tax Discount for Advanced and Prompt
Payment
Discount = [ (Assessed Value) (Tax Rate) (Tax Discount Rate) ]
C. Formula for the Computation of the Interest Due on Unpaid Taxes
Interest = [ (Assessed Value) (Tax Rate) (Number of Months Delinquent1) ]
Sample Computations
Sample A. A property with an Assessed Value (AV) of ₱1,000,000.00. Basic and SEF
Tax rates is at 1%.
Case 1: Establish the Basic Tax, SEF Tax and the Total Tax Due of the property.
Illustration:
a. Basic Tax Due = [ (Assessed Value) (Basic Tax Rate) - (Discount) + Interest ]
= [ (₱ 1,000,000.00) (1.0%) - (0) + (0) ]
Basic Tax Due = ₱ 10,000.00
1 Maximum of 36 months.
1
REAL PROPERTY TAX
b. SEF Tax Due = [ (Assessed Value) (SEF Tax Rate) - (Discount) + Interest ]
= [ (₱ 1,000,000.00) (1.0%) - (0) + (0) ]
SEF Tax Due = ₱ 10,000.00
2
LTOM, 2ND EDITION
Case 4: Assume that the same property has been delinquent since CY 1988 and its
owner asked for a computation if he /she is to pay in January 2018, to include taxes
due for 2019 and 2020. Assume further that no general revision was ever conducted
since 1988. Rates of Discount for Advance and Prompt payment are 20% and 10%,
respectively.
a. For 1988 to 1991, in determining the maximum allowable interest for late payment,
the provisions of PD 464 shall apply.
Interest (Annual)
= [ (Assessed Value) (Tax Rate) (Interest Rate) (Number of Months Delinquent) ]
= [ (₱ 1,000,000.00) (1.0%) (2%) (12) ]
= ₱ 2,400.00
For delinquency from 1992 onward, the impositions under the LGC shall apply at
2% per month, with a maximum of 36 months that is equivalent to 72% of interest
annually.
Interest (2016)
= [ (Assessed Value) (Tax Rate) (Interest Rate) (Number of Months Delinquent) ]
= [ (₱ 1,000,000.00) (1.0%) (2%) (36) ]
= ₱ 7,200.00
3
REAL PROPERTY TAX
4
LTOM, 2ND EDITION
appeal with the Central Board of Assessment Appeals (CBAA) within thirty (30)
days from receipt of the LBAA’s decision. (Sec. 229, LGC)
5
REAL PROPERTY TAX
B. In case of fraud or intent to evade payment of taxes, fees or charges, the same
may be assessed within ten (10) years from discovery of the fraud or intent to
evade payment.
C. Local taxes, fees or charges may be collected within five (5) years from the date of
assessment by administrative or judicial action. No such action shall be instituted
after the expiration of said period: Provided, however, that taxes, fees or charges
assessed before the effectivity of the LGC may be collected within a period of
three (3) years from the date of assessment.
D. The running of the periods of prescription provided in the preceding paragraphs
shall be suspended for the time during which:
1. The treasurer is legally prevented from making the assessment of collection;
2. The taxpayer requests for a reinvestigation and execute a waiver in writing
before the expiration of the period within which to assess or collect: and
3. The taxpayer is out of the country or otherwise cannot be located.
(Sec. 194, LGC)
2 LTOM Form No. 16 - Notice of Deliquency in the Payment of Real Property Tax
6
LTOM, 2ND EDITION
NOTE
xxx, we note that unlike land registration proceedings which are in rem, cases
involving an auction sale of land for the collection of delinquent taxes are in
personam. Thus, notice by publication, though sufficient in proceedings in
rem, does not as a rule satisfy the requirements of proceedings in personam.
As such, mere publication of the notice of delinquency would not suffice,
considering that the procedure in tax sales is in personam. It was, therefore,
still incumbent upon the city treasurer to send the notice of tax delinquency
directly to the taxpayer in order to protect the interests of the latter. (GR No.
133698, 4 April 2001)
3 LTOM Form No. 17 - Notice of Real Property Tax Delinquency (First Notice); LTOM Form No. 18 - Notice of
Real Property Tax Delinquency (Second Notice); LTOM Form No. 19 - Notice of Real Property Tax Delinquency
(Final Notice)
4 LTOM Form No. 20 - Warrant of Levy
7
REAL PROPERTY TAX
c. Advertisement of Sale
i. Within thirty (30) days after the service of the warrant of levy,
a local treasurer shall proceed to publicly advertise for sale
or auction the property or a usable portion therof as may be
necessary to satisfy the tax delinquency and expenses of sale.
ii. The advertisement shall be effected by posting a notice at the
main entrance of the provincial, city or municipal building, and
in publicly accessible and conspicuous place in the barangay
where the real property is located.
iii. The Notice of Sale shall be published once a week for two (2)
weeks in a newspaper of general circulation in province, city or
municipality where the property is located.7
iv. The advertisement shall specify the following:
1. Amount of the delinquent tax, interest due thereon and
expenses of sale;
2. Date and place of sale;
5 LTOM Form No. 21 - Notice of Levy
6 LTOM Form No. 22 - Report of Levy (Sanggunian)
7 LTOM Form No. 23 - Notice of Auction Sale of Delinquent Real Properties
8
LTOM, 2ND EDITION
9
REAL PROPERTY TAX
NOTE
10 LTOM Form No. 25 - Public Auction Registration Form; LTOM Form No. 26 - List of Registered Bidders; LTOM
Form No. 27 - Undertaking and Waiver of Bidder
10
LTOM, 2ND EDITION
c. The property shall be sold to the highest bidder. No bid lower than the
floor price shall be admitted. The floor price shall be equivalent to the
sum of delinquent tax, the interest due thereon and expenses of sale.
The highest bidder, within two (2) hours after award shall pay the bid
price in cash or in manager’s check.
d. Certificate of Sale (CS)11 – The local treasurer shall prepare and
deliver to the purchaser of the delinquent real property a CS containing
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 auction proceedings. (Sec. 260,
LGC)
e. Declaration of Forfeiture12 – In case there is no bidder for the real
property advertised for sale, or if 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.
Within two (2) days thereafter, the local treasurer shall make a report
of his proceedings which shall be reflected upon the records of his/her
office.
It shall be duty of the Registrar of Deeds concerned, upon registration
with his/her office of any such declaration of forfeiture to transfer the
title of the forfeited property to the local government unit concerned.
Within one (1) year from the date of such forfeiture, the taxpayer or
any of his/her representative, may redeem the property by paying to
the local treasurer the full amount of the real property tax and the
related interest and the cost of sale.
(Sec. 263, LGC)
3. Post-Auction Sale Activities
a. Report of Sale13 – Within thirty (30) days after the sale, the local
treasurer or his/her deputy, make a report of the sale to the sanggunian
concerned, and which shall form part of the records of his/her records.
b. The local treasurer shall remit to the owner of the real property or
person having legal interest therein the proceeds of the sale in excess
of the delinquent tax, the interest due thereon, and the expenses of
the sale.
c. Certificate of Redemption14 – Within one (1) year from the date of
sale, the owner of the delinquent real property or person having legal
11
REAL PROPERTY TAX
ILLUSTRATION
It must be noted that within the 1-year redemption period, possession of the
property auctioned is retained by the owner or person having legal interest
therein and will continue to enjoy the income or fruits thereof. The reason is that,
redemption period affords the owner an extended chance to pay the delinquent
tax. Hence, ownership of the property is not vested upon the purchaser
immediately after the public auction. In the event the owner exercises such
right of redemption by paying the redemption price, that is, the amount of the
delinquent tax, the interest due thereon, and the expenses of sale, plus interest
of not more than 2% per month on the purchase or bid price, the amount of the
purchase or bid price should be readily available to be returned to the purchaser
upon surrender of the Certificate of Sale.
Therefore, in the meantime, the local treasurer should hold in trust the excess
amount until the expiration of the 1-year redemption period. If the owner or
person having legal interest fails to redeem the property, the excess amount may
then be remitted. Henceforth, ownership shall be vested upon the purchaser in
auction through the execution of the Final Deed of Sale.
(BLGF Letter to the ICO-City Treasurer of Pasig, 05 January 2013)
NOTE
The counting of one (1) year redemption period of property sold at public auction
for its tax delinquency should be counted from the date of annotation of the
Certificate of Sale in the proper Register of Deeds if such is provided in the local
government unit’s ordinance.
(GR No. 171033, 03 August 2010 - City Mayor, City Treasurer,
City Assessor All of Quezon City, and Alvin Emerson S. Yu, vs. Rizal
Commercial Banking Corporation)
12
LTOM, 2ND EDITION
d. The local treasurer shall inform the assessor and the registrar of
deeds of the cancellation of the warrant of levy due to the exercise of
redemption by the property owner15.
e. Final Deed of Sale16 – In case the owner or person having legal interest
therein fails to redeem the delinquent property as provided herein, the
local treasurer shall execute a deed 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 proceeding upon
which the validity of the sale rests.
(Sec. 262, LGC)
f. Upon execution of the Final Deed of Sale (FDS) of the auctioned real
property in favor of the purchaser, the local treasurer shall require the
owner of the auctioned property to surrender possession of deliquent
real property and the corresponding owner’s duplicate copy of the
Transfer Certificate of Title (TCT) and the Tax Declaration (TD). These
will be attached to the FDS which shall be submitted to the Register
of Deeds (RoD).
g. The RoD having jurisdiction over the place where the property is
located shall consolidate the title in the name of the purchaser who
shall be entitled to a copy of a new TCT.
h. The purchaser as the new owner, shall be issued the corresponding
TD. It shall be the duty of the local assessor to issue a new TD in the
name of the purchaser as the new owner of the auctioned property.
The new owner shall be liable to pay the annual ad valorem tax and
other taxes that will thereafter become due thereon.
i. If the property is not redeemed, the ownership thereof shall be fully
vested on the local government unit concerned. (Sec. 263, LGC)
j. 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 through purchase/forfeiture at public auction. The
proceeds of the sale shall accrue to the general fund of the local
government unit concerned. (Sec. 264, LGC)
15 LTOM Form No. 33 - Cancellation of Warrant of Levy (Assessor and Registrar of Deeds)
16 LTOM Form No. 34 - Final Deed of Sale
13
REAL PROPERTY TAX
NOTE
By virtue of the foregoing provisions of Secs. 263 and 264 of the LGC, the
City exercised its right of forfeiture over the delinquent property for want of
bidder. The owner of the delinquent property had one year from the date of
forfeiture to redeem the property by paying the full amount of the delinquent
tax, interest and expenses incurred related to the auction sale. However,
the delinquent owner failed to exercise his statutory right to redeem the
property. Thereafter, following the procedures, a Transfer Certificate of Title
was issued to the City as the new absolute owner in fee simple.
Therefore, this Bureau sees no injustice against the former if the forfeited
property is subsequently sold at the prevailing market price which appears
to be the most advantageous to the interest of Caloocan City as the owner.
Suffice it to say that, as owner of the property, the city has both the right and
duty to sell the same at a price or consideration most advantageous and
beneficial to its interest which is in line with the opinion of COA to base the
selling price of the property from the prevailing market value. (BLGF Letter
to the OIC City Assessor of Caloocan, 28 January 2013)
14
LTOM, 2ND EDITION
shall file the complaint in the city or province where the property
is situated; and
c. In both cases, that is, where the claim is either cognizable by
an inferior court or by the regional trial court, the local treasurer
shall furnish the provincial attorney or the city or municipal legal
officer concerned the exact address of the defendant where he/
she may be served with summons.
(Art. 357, IRR implementing Sec. 266, LGC)
A. Compromise agreement in the payment of real property tax (RPT) may be allowed
at any time prior to the issuance of the warrant of levy. Payment of RPT thru
compromise agreement shall be in accordance with Sec. 255 of the LGC.
Real properties covered by a compromise agreement shall not be included in the
administration of judicial and administrative remedies.
15
REAL PROPERTY TAX
2. The accumulated delinquent RPT shall be paid within the terms and
conditions of the compromise agreement and no penalties or interest shall
be waived.
3. The amount to be paid in the compromise agreement shall cover current
year taxes and prior year/s delinquencies.
D. The Local Treasurer concerned shall maintain a copy of all compromise
agreements entered into by the LGU.
16
CHAPTER BUSINESS AND OTHER LOCAL TAXES
2
SECTION 152. SCHEDULE ON BUSINESS TAX
A. Business Taxes on 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 shall be
imposed in accordance with the following schedule:
With gross sales or receipts for the preceding calendar Amount of Tax
year in the amount of Per Annum
Less than ₱ 10,000.00 ₱ 165.00
₱ 10,000.00 or more but less than 15,000.00 220.00
15,000.00 or more but less than 20,000.00 302.00
20,000.00 or more but less than 30,000.00 440.00
30,000.00 or more but less than 40,000.00 660.00
40,000.00 or more but less than 50,000.00 825.00
50,000.00 or more but less than 75,000.00 1,320.00
75,000.00 or more but less than 100,000.00 1,650.00
100,000.00 or more but less than 150,000.00 2,200.00
150,000.00 or more but less than 200,000.00 2,750.00
200,000.00 or more but less than 300,000.00 3,850.00
300,000.00 or more but less than 500,000.00 5,500.00
500,000.00 or more but less than 750,000.00 8,000.00
750,000.00 or more but less than 1,000,000.00 10,000.00
1,000,000.00 or more but less than 2,000,000.00 13,750.00
2,000,000.00 or more but less than 3,000,000.00 16, 500.00
3,000,000.00 or more but less than 4,000,000.00 19,800.00
4,000.000.00 or more but less than 5,000,000.00 23,100.00
5,000,000.00 or more but less than 6,500,000.00 24,375.00
at a rate not
exceeding thirty
seven and a half
6,500,000.00 or more
percent (37-1/2%)
of one percent
(1%)
Illustrative Case 1a. Compute the tax on business of a repacker if the total annual
gross sales for the preceding year 2018 amounted to ₱3,500,000.00 and to be
paid on the first working day of January 2019.
Referring to the schedule, the gross sales of ₱3,500,000.00 falls under the
bracket “3,000,000.00 or more but less than 4,000,000.00”, therefore, the
business tax for CY 2019 is ₱19,800.00.
17
BUSINESS AND OTHER LOCAL TAXES
Illustrative Case 1b. Compute the tax on business of a repacker if the total annual
gross sales for the preceding years 2017 and 2018 amounted to ₱3,500,000.00
and ₱7,000,000.00, respectively, and paid on 31 July 2019.
Referring to the schedule, the gross sales of ₱3,500,000.00 falls under the
bracket “3,000,000.00 or more but less than 4,000,000.00”, therefore, the
business tax due, including surcharge and interests is computed as follows:
Illustrative Case 2. If the total annual gross sales of an assembler for the
preceding year is ₱7,000,000 and payment is made in January 2019, compute
for the total tax due.
Gross Sales for 2018 ₱7,000,000.00
Tax Rate (37.5% of 1%) 0.00375
Tax Due ₱ 26,250.00
18
LTOM, 2ND EDITION
With gross sales or receipts for the preceding calendar Amount of Tax
year in the amount of Per Annum
Less than ₱ 1,000.00 ₱ 18.00
₱ 1,000.00 or more but less than 2,000.00 33.00
2,000.00 or more but less than 3,000.00 50.00
3,000.00 or more but less than 4,000.00 72.00
4,000.00 or more but less than 5,000.00 100.00
5,000.00 or more but less than 6,000.00 121.00
6,000.00 or more but less than 7,000.00 143.00
7,000.00 or more but less than 8,000.00 165.00
8,000.00 or more but less than 10,000.00 187.00
10,000.00 or more but less than 15,000.00 220.00
15,000.00 or more but less than 20,000.00 275.00
20,000.00 or more but less than 30,000.00 330.00
30,000.00 or more but less than 40,000.00 440.00
40,000.00 or more but less than 50,000.00 660.00
50,000.00 or more but less than 75,000.00 990.00
75,000.00 or more but less than 100,000.00 1,320.00
100,000.00 or more but less than 150,000.00 1,870.00
150,000.00 or more but less than 200,000.00 2,420.00
200,000.00 or more but less than 300,000.00 3,300.00
300,000.00 or more but less than 500,000.00 4,400.00
500,000.00 or more but less than 750,000.00 6,600.00
750,000.00 or more but less than 1,000,000.00 8,800.00
1,000,000.00 or more but less than 2,000,000.00 10,000.00
at a rate not
exceeding fifty
2,000,000.00 or more
percent (50%) of one
percent (1%)
The city may exceed the maximum rates allowed for the province or
municipality by not more than 50%.
The business enumerated in paragraph (a) of Sec. 143 of the LGC 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]
19
BUSINESS AND OTHER LOCAL TAXES
NOTE
A wholesaler who is at the same time a retailer and who deals both in
“essential commodities” as listed in paragraph (c) of Sec. 143 of the LGC
and in “non-essential commodities”, shall be entitled to the concession
or reduced tax afforded by the same paragraph insofar as his business
transactions in such essential commodities are concerned. Necessarily, he
shall keep a separate account for this class of sales or receipts to be entitled
to the reduced tax rates. Otherwise he shall be liable as wholesaler at the
rates prescribed under Sec. 143 (d), both of the LGC.
The city may exceed the maximum rates allowed for the province or
municipality by not more than 50%.
20
LTOM, 2ND EDITION
₱400,000.00 or less 2%
more than ₱400,000.00 1%
1. The rate of two percent (2%) per annum shall be imposed on sales not
exceeding Four Hundred Thousand Pesos (₱400,000.00), while the rate of
one percent (1%) per annum shall be imposed on sales in excess of the first
Four Hundred Thousand Pesos (₱400,000.00).
2. Barangays, however, shall have the exclusive power to levy taxes, as
provided under Art. 240 (a) of the IRR of the LGC, on gross sales or receipts
of the preceding calendar year of Fifty Thousand Pesos (₱50,000.00) or
less, in the case of cities, and Thirty Thousand Pesos (₱30,000.00) or less,
in the case of municipalities.
(Art. 232 (d), IRR implementing Sec. 143, LGC)
Illustrative case: Compute the tax on business of a retailer with total annual
gross sales of ₱450,000.00 for the preceding year 2018, and payment is
made in January 2019.
With gross sales or receipts for the preceding calendar Amount of Tax
year in the amount of Per Annum
Less than ₱ 5,000.00 ₱ 27.50
5,000.00 or more but less than ₱ 10,000.00 61.60
10,000.00 or more but less than 15,000.00 104.50
15,000.00 or more but less than 20,000.00 165.00
20,000.00 or more but less than 30,000.00 275.00
30,000.00 or more but less than 40,000.00 385.00
40,000.00 or more but less than 50,000.00 550.00
50,000.00 or more but less than 75,000.00 880.00
75,000.00 or more but less than 100,000.00 1,320.00
100,000.00 or more but less than 150,000.00 1,980.00
21
BUSINESS AND OTHER LOCAL TAXES
With gross sales or receipts for the preceding calendar Amount of Tax
year in the amount of Per Annum
150,000.00 or more but less than 200,000.00 2,640.00
200,000.00 or more but less than 250,000.00 3,630.00
250,000.00 or more but less than 300,000.00 4,620.00
300,000.00 or more but less than 400,000.00 6,160.00
400,000.00 or more but less than 500,000.00 8,250.00
500,000.00 or more but less than 750,000.00 9,250.00
750,000.00 or more but less than 1,000,000.00 10,250.00
1,000,000.00 or more but less than 2,000,000.00 11,500.00
2,000,000.00 or more at a rate not
exceeding fifty
percent (50%) of
one percent (1%)
Illustrative Case: Compute the total tax due of a contractor with total
receipts of ₱6,000,000 from the preceding year and payment is made in the
current year.
22
LTOM, 2ND EDITION
24
LTOM, 2ND EDITION
ii. The following income and receipts of banks shall be excluded from the
taxing authority of the LGUs:
1. Interest earned under the expanded foreign currency deposit
system;
2. Interest accumulated by lending institutions on mortgages
insured under RA No. 580, as amended, otherwise known as the
Home Financing Act; and
3. Receipts from filing fees, service and other administrative
charges.
iii. Situs or Place of Payment of Tax on Banks
1. All transactions filed with or negotiated in the branch shall be
recorded in said branch and the gross receipts derived from said
transaction shall be taxable by the city or municipality where
such branch is located. This rule shall be applied to:
a. Transactions negotiated with and approved by the branch
manager under his own authority;
b. 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; and
c. Transactions where the stated address in the loan
application of the borrower is the city or municipality where
the Bank has a branch, in which case the Head Office upon
approval of the loan shall credit the transaction to the Bank
Branch.
2. 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 said Head Office is
located.
3. In case there is a transfer or relocation of the Head Office or of
any branch to another city or municipality, the bank shall give due
notice of such transfer or relocation to the chief executives of the
cities or municipalities concerned within fifteen (15) days after
such transfer or relocation is effected.
(DOF LFC No. 2-07, 26 February 2007 as reiterated
under Bangko Sentral ng Pilipinas (BSP) Circular Letter
No. CL - 2017 - 079, 27 December 2017)
(BLGF Memorandum Circular No. 016-2018, 10 August 2018)
25
BUSINESS AND OTHER LOCAL TAXES
26
LTOM, 2ND EDITION
27
BUSINESS AND OTHER LOCAL TAXES
28
LTOM, 2ND EDITION
NOTE
Credit card companies fall within the purview of banks and other financial
institutions contemplated under Sec. 143 (f) of the LGC, 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 LGU concerned. (BLGF
Letter to Picazo Buyco Tan Fider & Santos Law Offices, 15 March 1999)
Illustrative Case a.2 Compute the tax on transfer of real property ownership of
a property with a fair market value (FMV) of ₱1,000,000.00 and with the following
specifications:
29
BUSINESS AND OTHER LOCAL TAXES
Location: City
Type of Property: Land
Classification: Residential
Mode of Transfer: Inheritance
Decedent’s death: 2 December 2015
Payment of Transfer Tax: 31 March 2019
General Revision: every three years
FMV ₱1,000,000.00
Multiplied by (75 % x 1%) 0.0075 ₱ 7,500.00
Interest ₱7,500.00 x 72% 5,400.00
Tax for 2019 ₱ 12,900.00
Illustrative Case a.3 Compute the tax on transfer of real property ownership of a
property with a fair market value (FMV) of ₱1,000,000.00 and the total consideration
involved in the acquisition is ₱2,000,000.00, with the following specifications:
Location: Province
Type of Property: Land
Classification: Residential
Date of Notarized Deed of Sale: 1 January 2016
Payment of Transfer Tax: 31 March 2019
General Revision: every three years
The basis for computing the tax is the total consideration involved in the acquisition since
it is higher than the FMV.
Location: City
Type of Property: Land
Classification: Residential
Mode of Transfer: Inheritance
Decedent’s death: 31 March 2019
Payment of Transfer Tax: 15 June 2019
General Revision: every three years
FMV ₱1,000,000.00
Multiplied by (75 % x 1%) 0.0075 ₱ 7,500.00
Interest* ₱7,500.00 x 2% 150.00
Tax for 2019 ₱ 7,650.00
30
LTOM, 2ND EDITION
Computation of Interest*:
In consideration of the 60 day period from the date of the decedent’s death**:
Since the 60 day period covers the months of April to May, and the tax was
paid on 15 June 2019, there shall be imposed a 2% interest for delinquency in
the month of June,.
NOTE:-**
“Sec. 135. Tax on Transfer of Real Property Ownership.
a. xxx
b. xxx
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 date of the execution of the deed or from the date of the
decedent’s death.”
In case of a newly started business, the tax shall not exceed 1/20of1% 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. (Sec. 136, LGC)
However, the city may exceed the maximum rate allowed for the province
or municipality by not more than 50% except the rates of professional and
amusement taxes. (Sec. 151, LGC)
C. Franchise Tax
Compute the tax of a business with gross annual receipts for the preceding
calendar year amounting to 1,000,000.00:
31
BUSINESS AND OTHER LOCAL TAXES
However, the city may exceed the maximum rate allowed for the province
or municipality by not more than 50% except the rates of professional and
amusement taxes. (Sec. 151, LGC)
Fair market value per cubic meter of sand = ₱500/cubic meter x 10%=50/cubic
meter
200 cubic meters x ₱50/cubic meter= ₱10,000 total tax due on sand and
gravel.
E. Amusement Tax
Compute the tax assuming gross receipts from admission amounted to
₱100,000.00.
Gross receipts - ₱100,000.00 x 10% = ₱10,000 amusement tax due the province
or city
Note: the rate of amusement tax imposed by the province or city was decreased
from 30% to 10% per RA No. 9640.
F. Professional Tax
The tax shall be uniform for provinces and cities at an amount not exceeding
₱300.00.
However, LGUs shall have the authority to adjust the tax rates not oftener that
once every five (5) years but in no case shall such adjustment exceed ten percent
(10%) of the rates fixed under the LGC (Sec. 191, LGC)
The tax shall not exceed ₱500.00 for the province or municipality. The city may levy
the tax exceeding the maximum amount imposed by the province or municipality
by not more than 50%.
32
LTOM, 2ND EDITION
H. Community Tax
Illustrative Case 1:
For Individual:
An employee receiving a monthly salary of ₱52,000 shall be computed a
community tax as follows:
Illustrative Case 2:
On Corporation:
Compute the community tax due on XYZ Corporation owning a real property with
a total assessed value of ₱5,000,000. The business registered a gross sales of
₱2,000,000 during the preceding year. The community tax is paid in February of
the current year.
Offices/Facilities Location
Principal/Head Office LGU1
Factory 1 LGU1
Factory 2 LGU2
Sales/Branch Office LGU2
33
BUSINESS AND OTHER LOCAL TAXES
Facts:
a. Company A operates two (2) bakeries producing and selling baked products
b. Factory 1 caters to Luzon clienteles
c. Factory 2 caters to Visayas clienteles
d. Said factories have separate invoicing, purchase and official receipting
systems
e. Sales of goods sourced from Factory 1 are recorded in the Principal/Head
Office
f. Sales of goods sourced from Factory 2 are recorded in the Branch/Sales
Office
g. All sales are consolidated in the Principal/Head Office
Situs of Tax
a. All sales made in the locality where there is no sales office shall be recorded
in the Principal/Head Office along with the sales made by the principal/head
office, and shall be 100% taxable by LGU1 since the Principal/Head Office
and Factory 1, wherein it caters Luzon-Based customers are both located
in LGU1.
b. All sales made and recorded in the sales/branch office shall be 100% taxable
in LGU2 where the said sales office/branch office is located.
c. LGU1 and LGU2 may collect Mayor’s Permit fee and other regulatory fees
and charges as may be imposed under their respective duly enacted tax
ordinances.
NOTE: The consolidation of all sales of the Company are only for purposes of
income tax and VAT, as required by the Bureau of Internal Revenue (BIR)
Manufacturer 2
Offices/Facilities Location
Principal/Head Office LGU1
Sales/Branch Office LGU2
Factory LGU3
Plantation LGU4
Facts:
a. Company A is a manufacturer with principal office located in LGU1 where
all sales are effected and recorded.
b. Sales are also made in locality where there is no branch/sales office
c. Sales are made in a locality where there is a sales/branch office
d. Plantation is located in a locality other than that where the factory is located
34
LTOM, 2ND EDITION
Situs of Tax
a. 30% of all sales made in the locality where there is no sales office shall
be recorded in the principal/head office along with the sales made by the
principal/head office, shall be taxable by LGU1 where the principal/head
office is located.
b. 70% of sales allocation shall be divided as follows:
i. 60% to LGU3 where the factory is located
ii. 40% to LGU4 where the plantation is located
iii. All sales made in the sales/branch office shall be recorded thereat and
100% taxable by LGU2 where the sales/branch office is located
iv. LGU1, LGU2, LGU3 and LGU4 may collect Mayor’s Permit fee and
other regulatory fees and charges as may be imposed under their
respective duly enacted tax ordinances
Manufacturer 3
Offices/Facilities Location
Principal/Head Office LGU1
Sales/Branch Office LGU2
Factory 1 LGU3
Factory 2 LGU4
Fact:
a. In cases where there are two or more factories
Situs of Tax
a. 30% of all sales made in the locality where there is no sales office shall
be recorded in the principal/head office along with the sales made by the
principal/head office, shall be taxable by LGU1 where the principal/head
office is located.
b. 70% of sales allocation shall be prorated among the localities where such
factories are located in proportion to their respective volumes of production
during the period for which the tax is due.
NOTE: This shall likewise apply to plants, plantations or project offices. In
the case of project offices of service and other independent contractors,
the term production shall refer to the cost of projects actually undertaken
during the tax period.
35
BUSINESS AND OTHER LOCAL TAXES
B. ROUTE TRUCKS
Office/Facilities Location
Principal/Head Office LGU1
Warehouse 1 LGU1
Warehouse 2 LGU2
Factory 1 LGU3
Factory 2 LGU4
Facts:
a. Company A is engaged in the business of manufacturing and marketing
personal and household care products.
b. Has a central warehouse in LGU1 where finished product are stored and
transferred to another warehouse in LGU2
c. Sales orders are booked by salesmen with various customers within and out
of LGU2
d. Sales orders are submitted to warehouse 2 for processing and prepares the
sales invoices on the basis of which goods are withdrawn from warehouse 2
Situs of Tax
a. Products taken from warehouse 2 delivered to customers outside LGU2
shall be recorded in warehouse 2 and the tax thereon paid in LGU2 where
warehouse 2 is located.
b. Deliveries or sales made of products taken from warehouse 1 to places
where it does not have any branch/sales office, or another warehouse, shall
be recorded in the principal/head office and the taxes due thereon shall be
paid to LGU 1.
C. PROCESSOR
Office/Facilities Location
Principal/Head Office LGU1
Project Office/Mining Area LGU2
Facts:
a. Mining company whose operations include the processing of extracted
minerals to finished products.
36
LTOM, 2ND EDITION
Situs of Tax
a. Thirty percent (30%) of all sales/transactions recorded in the principal office
shall be taxable by LGU1 where the principal office is located; and
b. Seventy percent (70%) of all sales/transactions recorded in the principal
office shall be taxable by LGU2 where the project office/mining area is
located.
NOTE: In the case of project offices/mining areas that are geographically located in two
(2) or more localities, the allocation of the business tax imposed by LGUs concerned shall
be decided by the “Committee” which will be composed of affected LGUs where there are
mining operations subject to the allocation provided above when there are two or more
project offices located in different localities.
D. DISTRIBUTOR
Office/Facilities Location
Principal/Head Office LGU1
Sales Service Centers Nationwide
Warehouse LGU1
Facts:
a. Company A is engaged in the distribution of pharmaceutical and consumer
products
b. Opened sales service centers where delivery of stocks takes place
c. Sales service centers are mere liaison offices where orders for goods are
submitted
d. Sales service centers receives an order and relays information to the
principal/head office
e. Principal/head office checks the availability of the items subject of the order.
If stocks are available, the sales invoice is generated by the principal/head
office, and the sales invoice together with the goods are dispatched directly
from the central warehouse to the customers
Situs of Tax
a. All sales made and recorded in principal/head office shall be 100% taxable
by LGU1 where the principal/head office is located
b. Sales service centers which are mere liaison offices shall not share in the
business tax
c. Warehouse as a mere storage area may only be subject to Mayor’s Permit
fee and other regulatory fees and charges
d. LGU1 and LGUs where sales service centers are located may collect Mayor’s
Permit fee and other regulatory fees and charges, as may be imposed under
their respective duly enacted tax ordinances
37
BUSINESS AND OTHER LOCAL TAXES
E. POWER PRODUCER
Office/Facilities Location
Principal/Head Office LGU1
LGU1
Plant
LGU2
Administrative Office LGU3
Facts:
a. Company A is engaged in power generation
b. Sales of electricity generated from the power plant and billing are recorded
and invoiced in the principal office
c. Unified plant physically located in LGU 1 and LGU2
d. Leases office space in LGU3 which serves as an administrative office
Situs of Tax
a. 30% of all sales recorded in the principal/head office shall be taxable by
LGU1 where the principal/head office is located.
b. 70% of all sales recorded in the principal/head office shall be taxed equally
between LGU1 and LGU4.
c. LGU3 shall not share in the local business tax paid to LGU1 LGU2
d. LGU1, LGU2, and LGU3 may collect Mayor’s Permit fee and other regulatory
fees and charges as may be imposed under their respective duly enacted
tax ordinances.
F. SERVICE CONTRACTOR
Office/Facilities Location
Principal/Head Office LGU1
Fabrication/Manufacturing Site LGU2
Facts:
a. Company A is engaged in the business of supply and installation of power
and distribution of industrial machineries
b. Upon purchase order of client, company orders imported and local parts
c. There are parts of products that would entail an assembly/fabrication/
modification process
d. The whole assembly is then installed on-site
38
LTOM, 2ND EDITION
Situs of Tax
a. Company A shall pay its local business tax in full as a service contractor to
LGU1.
b. LGU2 shall not share in the local business tax paid to LGU1. Maintaining
a fabrication/manufacturing site in LGU2 does not make the company a
manufacturer. It is merely a part of, or incidental to, and is necessary to its
main business of supply and installation of industrial machinery. It must be
considered a single transaction, which cannot be divided into its components
or integral parts and treated separately for purposes of taxation, thus, it may
not be further taxed.
c. Both LGUs may impose Mayor’s permit and other regulatory fees and
charges, as may be provided under their duly enacted local ordinances.
Office/Facilities Location
Principal/Head Office LGU1
Properties for lease Various LGUs
Facts:
a. Company A is a lessor of real properties located in various places within the
jurisdiction of different LGUs
b. Lease agreements between the lessor and lessee are administered in the
principal/head office
c. Principal/head office issues corresponding invoices
d. Rentals collected from lessors are recorded in the principal/head office
Situs of Tax
a. Taxes dues shall accrue and shall be paid 100% to LGU1 where the principal/
head office is located
b. LGUs where real properties are subject of lease agreements shall not share
in the local business tax
c.
d. LGU1 and various LGUs may collect Mayor’s Permit fee and other regulatory
fees and charges as may be imposed under their respective duly enacted
tax ordinances.
39
BUSINESS AND OTHER LOCAL TAXES
Office/Facilities Location
Principal/Head Office LGU1
LGU1
LGU2
Toll Barrier/Plaza
LGU3
LGU4
Facts:
a. Company A was granted the concession to finance, design, rehabilitate,
expand, operate and maintain the Manila North Expressway and charge
fees for the users for a concession.
b. Toll Barriers and/or Toll Plazas are strategically situated along the Tollways
System and housing the Toll Booths manned by collecting personnel
Situs of Tax
a. All receipts collected by the Tollbooths in a Toll Barrier/Plaza shall be recorded
in said Toll Barrier/Plaza and the tax due thereon shall be payable to LGU 1,
LGU2, LGU 3 and LGU4 where the said Tollbooths or Toll Barriers/Plazas
are located.
b. LGU1 where the principal/head office is located shall not share in the LBT
due to LGU 2, LGU3 and LGU4, except on the LBT due attributed to the
collections made by the Toll Barrier situated within the territorial jurisdiction
of LGU 1.
c. LGUs traversed by the tollways system where the TOC does not maintain
any Tollbooth or Toll Barrier/Plaza shall not be entitled to the collection of
the LBT.
d. All receipts from Electronic Toll Collection System (ETC) such as “EC
Tag”, “Easy Trip Tag”, and “Badge/Magnetic Card”, or any other modes of
electronic collection, shall be recorded in the Toll Barrier/Plaza where the
e-Card or e-Pass is used and the charges therefrom shall be recorded in
said Toll Barrier/Plaza and the tax due thereon shall be payable to the LGU
where the said Toll Barrier/Plaza is located.
LGU1, LGU2, LGU3 and LGU4 may impose Mayor’s permit and other
regulatory fees and charges, as may be provided under their duly enacted
local ordinances.
40
LTOM, 2ND EDITION
41
BUSINESS AND OTHER LOCAL TAXES
42
LTOM, 2ND EDITION
with the prescribed processing time of this Act: Provided, that the
share in the collections shall he remitted to the respective barangays.
(Sec. 11, RA No. 11302 or An Act Promoting Ease Of Doing Business
and Efficient Delivery of Government Services, Amending for the
Purpose Republic Act No. 9485, Otherwise Known as the Anti-Red Tape
Act of 2007, and for Other Purposes, approved 28 May 2018)
43
BUSINESS AND OTHER LOCAL TAXES
44
LTOM, 2ND EDITION
of the taxpayer’s books of accounts and other pertinent records. The taxpayer
or his/her authorized representative shall acknowledge immediately upon
receipt hereof the LOA served by the deputies18.
B. Responsibilities of the Examination Team
1. The examination team shall prepare the schedule of activity to be performed
during the conduct of the examination of books of accounts, detailing the
objectives and procedures, based on the Guidelines issued by the local
treasurer concerned.
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 office uniform/appropriate attire in
the conduct of examination. They shall properly identify themselves to the
owner/manager of the business establishment by presenting their office
identification card.
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 LOA.
5. 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 the 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 LOA19.
8. The deputized examiners shall perform the following activities:
a. Review pertinent records of the business establishment to be examined
such as Articles of Incorporation and By-Laws, SEC/DTI Registration,
minutes of board meetings, etc.;
18 LTOM Form No. 3 - Letter of Authority, LTOM Form No. 4 - List of Documents to be Examined
19 LTOM Form No. 11 - Non-Presentation off Documents; LTOM Form No. 12 - Final Notice of Non-Presentation
of Documents
45
BUSINESS AND OTHER LOCAL TAXES
47
BUSINESS AND OTHER LOCAL TAXES
22 LTOM Form No. 7 - Letter of Assessment (First Notice); LTOM Form No. 8 - Letter of Assessment (Second
Notice); LTOM Form No. 9 - Letter of Assessment (Final Notice)
23 LTOM Form No. 14 - Certificate of Confirmation; LTOM Form No. 15 - Certificate of Examination
24 LTOM Form No. 10 - Final Notice Before Issuance of Warrant of Distraint and Levy
48
LTOM, 2ND EDITION
NOTE
49
CHAPTER CREDIT FINANCING AND ALTERNATIVE SOURCES
3 OF FUNDS
50
LTOM, 2ND EDITION
2. The LGU shall pay the proponent on an agreed schedule its total investment
plus a reasonable rate of return.
3. This arrangement is most suitable for the construction of any infrastructure
or development project, including sensitive facilities with security or strategic
implications that the Government opts to operate directly.
B. Build-Lease-Transfer
1. A contractual arrangement under which project proponent finances and
constructs an infrastructure or facility and upon its completion turns it over to
the sponsor agency or LGU on a lease arrangement.
2. The terms and fixed period of the lease enable the proponent to recover its
investments and make a reasonable profit.
3. The title of the facility is transferred to the sponsor agency or LGU at the end
of the contracted lease period.
C. Build-Own-and-Operate
1. A contractual arrangement under which a project proponent is authorized
to finance, construct, own, operate and maintain an infrastructure or
development facility.
2. 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.
3. Under this scheme, the proponent, as project owner, may assign its operation
and maintenance to a facility operator.
D. Build-Transfer-and-Operate
1. A contractual arrangement under which the sponsor government agency or
LGU contracts a private entity to build an infrastructure facility on a turn- key
basis.
2. The contractor assumes cost over-runs, delays, and specified performance
risks.
3. 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 (CAO)
1. A contractual arrangement under which the project proponent is authorized
to add to any existing infrastructure facility which it is renting from the
government and to operate the expanded project over an agreed franchise
period.
51
CREDIT FINANCING AND ALTERNATIVE SOURCES OF FUNDS
52
LTOM, 2ND EDITION
53
CREDIT FINANCING AND ALTERNATIVE SOURCES OF FUNDS
of loan obligations binds the succeeding sanggunian of the LGU which is separate
and distinct from the personality of its officials. (DOJ Opinion No. 160, s. 1994)
54
LTOM, 2ND EDITION
55
CREDIT FINANCING AND ALTERNATIVE SOURCES OF FUNDS
The list of data on the financial and other operations of the LGU, as well as the socio-
economic climate within its territory, are shown as follows:
LGU FINANCIAL DATA COMMONLY REQUIRED WHEN AVAILING OF
INDEBTEDNESS AND OTHER FINANCING MECHANISMS
A. LGU INCOME
Local Sources Tax Revenue
Real Property Taxes Business Taxes and Licenses Other Taxes
Non Tax Revenue
Operations of Economic Enterprises Regulatory Fees
Service/Users Charges Other Receipts
Shares from National Tax Collections/ Grants/Aids
Internal Revenue Allotment (IRA) Share in National Wealth
Share in tobacco Excise Tax Grants
Domestic Foreign National Aid
Loans, Borrowing, and Transfers Loans
Transfers
Inter-Local Transfers
B. LGU EXPENDITURES
1. By Function
a. General public services
b. Education, culture and sports
c. Labor and employment
d. Housing and Community Development
56
LTOM, 2ND EDITION
57
CREDIT FINANCING AND ALTERNATIVE SOURCES OF FUNDS
58
LTOM, 2ND EDITION
59
CREDIT FINANCING AND ALTERNATIVE SOURCES OF FUNDS
60
LTOM, 2ND EDITION
A. Authorization
LGUs 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]
B. Inclusion in Local Development Plans and Public Investment Programs
LGUs shall include in their respective local development plans and public
investment programs priority projects that may be financed, constructed, operated
and maintained by the private sector under this Section. [Sec. 302 (b), LGC]
C. Disclosure and Public Endorsement
It shall be the duty of the LGU 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 projects under the BOT
agreement shall be confirmed by the Local Development Councils (LDCs). [Sec.
302 (b), LGC]
D. Terms and Conditions
Projects implemented under the provisions of this Section shall be subject to the
following terms and conditions:
1. The provincial, city or municipal engineer, as the case may be, upon formal
request in writing by the LCE, shall prepare the plans and specifications
for the proposed project, which shall be submitted to the sanggunian for
approval. [Sec. 302 (c) (1), LGC]
2. 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 a 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 the LGC,
and other applicable laws, rules and regulations. [Sec. 302 (c) (2) 1st par.,
LGC]
3. In the case of a BOT agreement, the contract shall be awarded to the lowest
complying bidder whose offer is deemed most advantageous to the local
government and based on the present value of its proposed tolls, fees,
rentals, and charges over a fixed term for the facility to be constructed,
operated, and maintained according to the prescribed minimum design
and performance standards, plans and specifications. For this purpose, the
61
CREDIT FINANCING AND ALTERNATIVE SOURCES OF FUNDS
62
LTOM, 2ND EDITION
63
CREDIT FINANCING AND ALTERNATIVE SOURCES OF FUNDS
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;
2. The LDC evaluates the project proposal for consistency with its Local
Development Plan and the Annual Investment Program (AIP);
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 or objected 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.
64
LTOM, 2ND EDITION
B. 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,
nor more than two (2) years, at the discretion of the court, without prejudice to
prosecution under other laws.
(Sec. 520, LGC)
65
CREDIT FINANCING AND ALTERNATIVE SOURCES OF FUNDS
66
Process Flow Request for Certificate of Net Debt Service Ceiling (NDSC) and Borrowing Capacity (BC)
Local Government Unit (LGU) L e nding Institution Bureau of Local Government Finance (BLGF)
•M contract loans •nd other foma Evaluate L.GU rwquest and F.-.•I oorrputation and
of .,debtedness iSSUanoe of oerulicate of
supporting documentary
requinunents NOS CBC
68
LTOM, 2ND EDITION
69
CREDIT FINANCING AND ALTERNATIVE SOURCES OF FUNDS
70
CHAPTER THE STATEMENT OF RECEIPTS AND EXPENDITURES (SRE) AND
4 ELECTRONIC STATEMENT OF RECEIPTS AND EXPENDITURES
(eSRE) FINANCIAL MANAGEMENT REPORTING SYSTEM
71
THE SRE AND eSRE FINANCIAL MANAGEMENT REPORTING SYSTEM
“The DOF shall be responsible for supervision of the revenue operations of all
LGUs, with the objective of making these entities less dependent on funding from
the national government.”
“The BLGF issued Memorandum Circular Nos. 14-2008, 18-2008 and 19- 2008
prescribing the Statement of Receipts and Expenditures for collecting and
monitoring financial information and performance of all LGUs, thereby upgrading
the SIE system for the purpose of harmonizing the data with other government
fiscal reports, such as the New Government Accounting System of the COA, and
to synchronize the preparation of the SRE by concerned LGU officials.”
“The eSRE is hereby instituted as the official Reporting system of the DOF on
Local Government Fiscal and Financial Matters, to be maintained by the BLGF
to fully establish a reliable, accurate and timely reporting and monitoring system
in the country.”
User/s Use/s
Bureau of Local As a tool in monitoring the LGUs’ financial
Government Finance performance, data source in setting LGUs’
(BLGF) annual income targets, data source and tool
in medium- term revenue and expenditure
forecasting, and tool for creditworthiness
rating and debt capacity monitoring.
72
LTOM, 2ND EDITION
User/s Use/s
Department of Finance (DOF) As data source for revenue collections,
borrowings, LGU’s surplus and deficit as input
to consolidated public sector financial position
(CPSFP) and drafting of national policies.
Department of the Interior and As data source for revenue collections,
Local Government (DILG) borrowings, LGU’s surplus and deficit as input
to consolidated public sector financial position
(CPSFP) and drafting of national policies.
Municipal Development Fund As data source for processing of LGU’s
Office (MDFO) application for loans/grants.
National Economic As data source for local finance statistics,
Development Authority forecasting and planning.
(NEDA)
Department of Budget As data source for the preparation of Budget
and Management of Expenditures and Sources of Financing
(DBM) (BESF) and in cash flow forecasting.
National Tax Research Center As data source for local finance statistics for
(NTRC) research and publication purposes.
Bangko Sentral ng Pilipinas
(BSP)
Senate of the Philippines As source of local financial data and analysis
House of Representatives in aid of legislation.
Financial Institutions As data source for evaluation of LGU’s credit
application.
Potential Donors As data source and basis for extending grants/
donations/aids/loans to LGUs.
Other Stakeholders/ Researchers As data source for economic forecasts and to
evaluate the LGUs’ operating performance.
Public Serve as source of information in the
assessment of local governments’
performance in public financial management
and other local finance statistics and reports.
73
THE SRE AND eSRE FINANCIAL MANAGEMENT REPORTING SYSTEM
submitted by all LGUs Once the data of the LGUs are uploaded from the eSRE
LGU Report System to the eSRE Web System, the BLGF can generate, review,
approve analyze reports.
C. The current release version of the eSRE includes the following modules:
1. Debt Management Module – This module is used to generate LGUs’ debt
capacity certificate and to monitor LGUs’ borrowing activities. It captures the
aggregate debt of the LGUs and provides early warning if LGUs are nearing
the statutory 20% debt ceiling.
2. Creditworthiness and Financial Indicator Module – Creditworthiness
shows the capacity of an LGU to incur and repay debt responsibly while the
financial indicators measure LGU’s performance in terms of public financial
management and determine its overall financial health.
3. Fiscal Capacity Model – This module is used to generate forecasts key
own-source revenue levels of all provinces, cities and municipalities which
can be used for planning purposes.
D. The e-SRE database also provides information for the following LGU performance
systems:
1. LGU Fiscal Sustainability Scorecard (LGU FSS) – the SRE provides
the main backend database in computing the benchmarks for all financial
indicators of the Scorecard and in rating the reporting compliance of
treasurers.
2. Performance Standards for Local Treasurers and Assistant Treasurers
– the SRE is used for computing financial indicators measuring performance
in achieving various operational goals of treasurers and assistant treasurers.
3. Seal of Good Local Governance (SGLG) – the SRE provides financial
indicators for the Department of the Interior and Local Government
performance management indicator system.
4. Cities and Municipal Competitiveness Index (CMCI) – the National
Competitiveness Council (NCC) uses the SRE for the computation of the
Ratio of LGU collected tax to total LGU revenues. This is one of the indicators
in the CMCI which measures economic development and competitiveness
at the local government level.
5. Philippine Poverty- Environment Initiative (PPEI) and Extractive
Industries Transparency Initiative (EITI) – The SRE serves as data source
on the detailed account of shares from national wealth received by LGUs
such as local taxes, fees and user charges paid from extractive industries as
well as the tagging of the expenditures items from such proceeds.
6. Most Business Friendly LGU Award – The Philippine Chamber of
Commerce and Industry (PCCI) used the SRE as part of the Qualifying
Indicator to commend LGUs that have become successful in creating an
environment that is conducive to business.
74
LTOM, 2ND EDITION
24 Amending Secs. 3,8 and 9 of the Department Order No. 8-2011, 11 February 2011
75
THE SRE AND eSRE FINANCIAL MANAGEMENT REPORTING SYSTEM
B. Grace Period - Upon written request prescribed by the BLGF, the local treasurers
who failed to submit eSRE report on time may be given a grace period of fifteen
(15) days from the prescribed period. The BLGF Regional Director upon the
recommendation of the BLGF Regional Reviewer shall approve the request
provided that, such delay was due to fortuitous events, force majeure or other
analogous causes.
76
LTOM, 2ND EDITION
25 Inclusion of Environment and Natural Resources Data in the Electronic Statement of Receipts and Expenditures
System for Local Treasurers
26 Amending Secs. 1,2 and 4 of Department Order No. 049.2016 (Inclusion of Environment and Natural Resources
Data in the Electronic Statement of Receipts and Expenditures System for Local Treasurers)
77
THE SRE AND eSRE FINANCIAL MANAGEMENT REPORTING SYSTEM
Simple Misconduct:
1st Offense – Suspension of one (1) month and one (1) day to six (6) months
78
LTOM, 2ND EDITION
79
CHAPTER
1
FORMS AND ANNEXES
LTOM FORM NO. 3 - LETTER OF AUTHORITY
REPUBLIC OF THE PHILIPPINES
City/Municipality of ____________________________
Date : ___________
Dear Sir/Madam:
Pursuant to Section 17127 of RA No. 7160 otherwise known as the Local Government Code (LGC) of 1991, please
be advised that the bearers hereof, from this Office and deputized as Examining Official/s, are hereby authorized to
examine your books of accounts and other pertinent business records thereof, to ascertain, assess and collect the
true and correct amount of the tax, fee or charge due, for the period _____________to____________, __________.
The Examining Officials, are under the instruction to properly identify themselves and present/display their
Identification Cards (ID) at all times.
The examination hereof shall be made during regular business hours, once every tax period, and shall be certified
by the abovementioned examining officials. Such certification shall be made of record in your books of accounts.
Deputies:
Acknowledgement:
__________________________________
Date Received: _______________ Name and Signature of Examining Official/s
__________________________________
Position/Designation of Examining Official/s
___________________________________________
Signature over Printed Name of Declared Business Date: ______________________
Owner or his/her Authorized Representative
27 Section 171. Examination of Books of Accounts and Pertinent Records of Businessmen by Local Treasurer. - The
provincial, city, municipal or barangay treasurer may, by himself or through any of his deputies duly authorized
in writing, examine the books, accounts, and other pertinent records of any person, partnership, corporation, or
association subject to local taxes, fees and charges in order to ascertain, assess, and collect the correct amount
of the tax, fee, or charge. Such examination shall be made during regular business hours, only once for every
tax period, and shall be certified to by the examining official. Such certificate shall be made of record in the books
of accounts of the taxpayer examined.
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 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.
80
LTOM, 2ND EDITION
Date: ___________________
Dear Sir/Madam:
Pursuant to Letter of Authority attached hereto, please prepare the following pertinent
business records of your business establishment/company, viz:
81
FORMS AND ANNEXES
Date: ____________________
Date of Examination :
Period/Year Covered :
Name of Business :
Nature of Business :
License No. :
Citizenship :
PAYMENTS
Taxes/Fees/Charges Amount Paid Date of Payment
Examined by:
_____________________________________
Name and Signature of Examining Official/s
_____________________________________
Position/Designation of Examining Official/s
Date: ________________
82
LTOM, 2ND EDITION
Date: ____________________
Particulars Declared Actual Year Tax Tax Difference Surcharge Interest Total
Sales Sales Due Paid
Examined by:
_____________________________________
Name and Signature of Examining Official/s
_____________________________________
Position/Designation of Examining Official/s
Date: ________________
83
FORMS AND ANNEXES
Date: ___________________
Dear Sir/Madam:
Please be informed that based on the conduct of examination of books of accounts and other
pertinent business records thereat on _________________ you are hereby requested to pay
the amount of ₱ _______________________ representing additional business tax including
surcharges and penalties covering the period, from _____________ to ______________,
_________.
To avoid the inconveniences of a legal action to enforce payment of your deficiency, it is hereby
required that you settle the aforesaid amount within fifteen (15) days from your receipt hereof.
Acknowledgment:
____________________________________
Signature over Printed Name of Declared
Business Owner or his/her Authorized
Representative
84
LTOM, 2ND EDITION
Date: ___________________
Dear Sir/Madam:
Records of this Office show that you failed to settle your remaining deficiencies discovered
during the conduct of examination of books of accounts and other pertinent business records
thereat on _________________ by examining official/s of this Office.
As provided under our letter dated ___________ and received by your company on
____________, you are hereby requested to pay the amount of ₱ __________________
representing additional business tax including surcharges and penalties covering the period,
from _____________ to ______________, __________.
In this regard, please settle the aforesaid amount within ten (10) days from receipt hereof.
Failure to do so shall constrain us to cancel your Mayor’s Permit or effect the civil remedies
provided for under Section 174 of RA No. 7160 otherwise known as the Local Government
Code (LGC) of 1991, by enforcing the collection thru distraint and levy or by judicial action.
Acknowledgment:
____________________________________
Signature over Printed Name of Declared
Business Owner or his/her Authorized
Representative
85
FORMS AND ANNEXES
Date: ___________________
Dear Sir/Madam:
Records of this Office show that you failed to settle your remaining deficiencies discovered
during the conduct of examination of books of accounts and other pertinent business records
thereat on _________________ by examining official/s of this Office.
As provided under our Letter of Assessments dated __________ and __________, respectively,
which was received by your company on __________ and ____________, respectively, you
are requested to settle the amount of ₱__________________ representing additional
business tax including surcharges and penalties covering the period, from _____________ to
______________. However, in spite of these notices, no reply or attempt to settle this
obligation on your part was made.
Please be informed that pursuant to Section 195 of RA No. 7160 otherwise known as the
Local Government Code (LGC) of 1991, the subject assessment becomes final and executory
and therefore, thus, the immediate settlement of the aforesaid tax obligation is exigently
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 LGC by enforcing the collection thru
distraint and levy or by judicial action.
Acknowledgment:
____________________________________
Signature over Printed Name of Declared
Business Owner or his/her Authorized
Representative
86
LTOM, 2ND EDITION
Date: ___________________
Subject: Tax Deficiency Discovered During Examination of your Books Pursuant to:
Dear Sir/Madam:
Records of this office show that despite several notices served and duly receipted on your
business establishment/company and in consideration of the length of time that has elapsed,
this Office has not yet received a reply from your part.
In view hereof, we would like to inform you that we are giving you a LAST
OPPORTUNITY to make the necessary settlement of your additional business tax including
surcharges and penalties amounting to PhP __________________, covering the period, from
_____________ to ______________, _________, within five (5) days from receipt of this
NOTICE.
Please be informed that pursuant to Section 195 of RA No. 7160 otherwise known as the
Local Government Code (LGC) of 1991, the subject assessment becomes final and executory
and thus, the immediate settlement of the aforesaid tax obligation is exigently 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 Local Government Code by enforcing the
collection thru distraint and levy or by judicial action.
Acknowledgment:
____________________________________
Signature over Printed Name of Declared
Business Owner or his/her Authorized
Representative
87
FORMS AND ANNEXES
Date: ___________________
Dear Sir/Madam:
Records of this office show that you failed to present for examination, your books of accounts
and other pertinent business records thereat, notwithstanding the service of Letter of Authority
No. ___________, dated _____________, on ____________, in violation of Section 170 of
RA No. 7160 otherwise known as the Local Government Code (LGC) of 1991.
In this regard, you are hereby given three (3) days from receipt hereof to present your book of
accounts and other pertinent business documents for examination to this Office during regular
office hours. Failure to do so will constrain this Office to recommend for the cancellation of
your Mayor’s Permit or effect the civil remedies provided for under Section 174 of the Local
Government Code of 1991.
Acknowledgment:
____________________________________
Signature over Printed Name of Declared
Business Owner or his/her Authorized
Representative
88
LTOM, 2ND EDITION
Date: ___________________
Dear Sir/Madam:
Records of this office show that you failed to present for examination, your books of accounts
and other pertinent business records thereat notwithstanding the service of Letter of Authority
No. ___________, dated _________________, on _______________, in violation of Section
LOA No. Date of LOA No. Date Served/Issued
170 of RA No. 7160 otherwise known as the Local Government Code (LGC) of 1991.
Unless the books of accounts and other pertinent records relative thereof are presented to
this office within three (3) days from the receipt hereof, the following actions shall be taken to
effect the desired examination of book of accounts, to wit:
Acknowledgment:
____________________________________
Signature over Printed Name of Declared
Business Owner or his/her Authorized
Representative
89
FORMS AND ANNEXES
Date: ___________________
Dear Sir/Madam:
This refers to the examination of books of accounts and other pertinent business records
thereat pursuant to our Letter of Authority No. ______________ dated _____________,
LOA No. Date of LOA No.
Please be informed that the said examination thereat has concluded and the corresponding
reports of the examining official/s has been submitted and made record in this Office.
90
LTOM, 2ND EDITION
CERTIFICATE OF CONFIRMATION
Mr./Ms.____________________________of_____________________________________,
Name of Business Owner Name of Business
Examining Official/s of this Office pursuant to the Letter of Authority No. ________,
LOA No.
herein.
A certificate of examination has been made of record in the book of accounts thereat on even
date.
Certified by:
____________________________
Local Treasurer
______________________________
Name and Signature of Examining
Official/s
______________________________
Position/Designation of Examining
Official/s
91
FORMS AND ANNEXES
CERTIFICATE OF EXAMINATION
Examining Official/s of this Office pursuant to the Letter of Authority No. ________,
LOA No.
dated _____________.
Date of LOA No.
determined by virtue of the said examination of books of accounts, which shall be the basis
in the computation of business taxes, fees and charges due thereof for the period, from
_____________ to ______________ of the current year.
Certified by:
____________________________
Local Treasurer
______________________________
Name and Signature of Examining
Official/s
______________________________
Position/Designation of Examining
Official/s
92
LTOM, 2ND EDITION
Based on the records of this office, the real property tax of the following properties
have not been paid:
Tax Total
Declared Location of Kind of Year/s of Tax Due
Declaration Assessed
Owners Property Property Delinquency as of ____
Number Value
1.
2.
3.
4.
5.
6.
7.
8.
Personal property may be distrained to effect payment. At any time before the distraint
of personal property, payment of the tax with surcharges, interests and penalties may be
made, and unless that 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, 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 (1) year from the date of sale.
____________________________
Date: _______________ Local Treasurer
93
FORMS AND ANNEXES
Declared Owner/s :
Tax Declaration No. :
TCT No. :
Location of Property :
Kind of Property :
Assessed Value :
BASIC SEF
Tax Year Tax Penalty Tax Penalty Total Amount
Please settle the delinquency within ten (10) days from receipt of this notice.
94
LTOM, 2ND EDITION
Date: _________________
NAME OF DECLARED OWNER
COMPLETE ADDRESS
Dear Sir/Madam:
Records show that you failed to settle your real property tax delinquency as
provided in our letter dated __________________and computed as follows:
Date of First Notice
Declared Owner/s :
Tax Declaration No. :
TCT No. :
Location of Property :
Kind of Property :
Assessed Value :
BASIC SEF
Tax Year Tax Penalty Tax Penalty Total Amount
Please settle the delinquency within seven (7) days from receipt of this letter.
95
FORMS AND ANNEXES
Date:
____________________
NAME OF DECLARED OWNER
COMPLETE ADDRESS
Dear Sir/Madam:
Records show that despite two (2) notices, you still have not settled your real
property tax delinquency computed as follows:
Declared Owner/s :
Tax Declaration No. :
TCT No. :
Location of Property :
Kind of Property :
Assessed Value :
BASIC SEF
Tax Year Tax Penalty Tax Penalty Total Amount
We are giving you five (5) days as a final chance to settle the said obligation
otherwise, we will initiate legal proceedings against the property.
96
LTOM, 2ND EDITION
Records show that you still have not paid your real property tax delinquency
computed as follows:
Declared Owner/s :
Tax Declaration No. :
TCT No. :
Location of Property :
Kind of Property :
Assessed Value :
BASIC SEF
Tax Year Tax Penalty Tax Penalty Total Amount
Please settle the delinquency within ten (10) days from receipt of this notice.
WHEREFORE, this Warrant of Levy is hereby issued on the property described
above pursuant to Section 258 of RA 7160
Issued this _______ day of ___________________, __________.
Day Month Year
____________________________
Local Treasurer
97
FORMS AND ANNEXES
Please be informed that a Warrant of Levy, copy hereto attached has been
issued to the real property described hereunder:
Declared Owner/s :
Tax Declaration No. :
TCT No. :
Location of Property :
Kind of Property :
Assessed Value :
Kindly annotate the said levy on the tax declaration of the said property.
Thank you.
98
LTOM, 2ND EDITION
Please be informed that a Warrant of Levy, copy hereto attached has been
issued to the real property described hereunder:
Declared Owner/s :
Tax Declaration No. :
TCT No. :
Location of Property :
Kind of Property :
Assessed Value :
Kindly annotate the said levy on the certificate of title of the said property.
Thank you.
99
FORMS AND ANNEXES
Date:
___________________
THE HONORABLE MEMBERS
LOCAL SANGGUNIAN
COMPLETE OFFICE ADDRESS
Gentlemen and Ladies:
Respectfully submitting to your office the list of real properties with Warrant of
Levy, pursuant to Sec. 258 of RA 7160, otherwise known as the Local Government
Code (LGC) of 1991.
100
REPUBLIC OF THE PHILIPPINES
Province/City/Municipality of ____________________________
Declared Owner/s Tax Declaration No. Location of Property Kind of Property Assessed Value
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
CERTIFIED CORRECT:
____________________________
Local Treasurer
LTOM, 2ND EDITION
101
102
LTOM FORM NO. 23 - NOTICE OF AUCTION SALE OF DELINQUENT REAL PROPERTIES
REPUBLIC OF THE PHILIPPINES
____________________________
Province/City/Municipality
FORMS AND ANNEXES
ursuant to Section 260 of Republic Act No. 7160 (Local Government Code of 1991), the undersigned hereby gives notice to the public that we will conduct an
P
auction sale of delinquent real properties on ________________ at _____________________. The auction will be held at ____________________.
Date of Auction Time of Auction Place of Auction
Total
Declared Tax Declaration Location of Kind of Assessed Year/s of
TCT Number Delinquencies as Cost of Sale
Owner/s Number Property Property Value Delinquency
of _____
1.
2.
3.
4.
5.
6.
At any time before _____________________, the owner of the real property or person having legal interest therein may stay the
Date of Auction
proceedings by paying the delinquent tax, the interest due thereon and the expenses of sale.
____________________________
Local Treasurer
LTOM, 2ND EDITION
Declared Owner/s :
Tax Declaration No. :
TCT No. :
Location of Property :
Kind of Property :
Assessed Value :
BASIC SEF
Tax Year Tax Interest Tax Interest Total Amount
paying the delinquent tax, the interest due thereon and expenses of sale.
103
FORMS AND ANNEXES
Date: ____________________
Individual Bidder
Corporate Bidder
Name :
Complete Address :
Telephone No. :
Mobile No. :
Email Address (if any) :
Citizenship :
Sex :
Name of Representative :
Complete Address :
Telephone No. :
Mobile No. :
Email Address (if any) :
Citizenship :
Sex :
Business/Employer’s Complete Address :
DECLARATION
In pursuance to Art. 1491 of RA 386 otherwise known as the Civil Code of the Philippines and
Sec. 89 of RA 7160, otherwise known as the Local Government Code (LGC) of 1991, I understand that it
is unlawful to engage in any business transaction with the LGU in which he/she is an official or employee
or over which he/she has the power of supervision, or with any of its authorized boards, officials, agents,
or attorneys, whereby money is to be paid, or property or any other thing of value is to be transferred,
directly or indirectly, out of the resources of the LGU to such person or firm or purchase any real estate
or other property forfeited in favor of such local government unit for unpaid taxes or assessment, or by
virtue of a legal process at the instance of the said LGU.
______________________________________
Signature over printed name
Name of Registered Bidder/ Representative
Based on the foregoing declaration, I hereby certify that the above bidder is ______________
to participate. Specify if Qualified or Not Qualified
_____________________________________
Signature over printed name
Local Auction Committee
104
LTOM FORM NO. 26 - LIST OF REGISTERED BIDDERS
REPUBLIC OF THE PHILIPPINES
Province/City/Municipality of ____________________________
CERTIFIED CORRECT:
____________________________
Local Treasurer
LTOM, 2ND EDITION
105
FORMS AND ANNEXES
and say:
1. That I am a registered bidder during the public auction of delinquent real properties on
________________, at __________________________________;
Actual Date of Public Auction Place where the Public Auction was conducted
2. That I am informed of the status, condition and ownership of the real property/ies sold during the
above Public Auction, and I am aware of, acknowledge and accept the terms and conditions of the
said Public Auction as provided for under the Rules and Regulation of Public Auction as promulgated
by the Local Auction Committee;
3. That I acknowledge the I understand the provisions provided under the Rules and Regulation of
Public Auction provided;
4. That I hereby undertake to pay the bid price that I will successfully bid for, otherwise, the property/ies
sold to me shall be awarded to the LGU concerned;
5. Further, I am aware and understand that the registration fee of the said public auction is non-
deductible from the bid price; and
6. That I executed this document to attest to the truth of the foregoing and for whatever legal purpose
this may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this _______ day of ___________________,
Day Month
__________.
Year
____________________________________
__Name of Registered Bidder/Representative
Known to me and me known to be the same person who executed the foregoing instrument and acknowledged
to me that the same is/are his/her/their free act and voluntary deed.
Doc No. :
Page No. : ____________________________
Book No. :
Notary Public
Series of :
The information provided is not covered by the data privacy act and is only meant to carry out the provisions of public auction pursuant to Sec. 258 (Levy
on Real Property) and Sec. 260 (Advertisement and Sale) of the LGC.
106
LTOM, 2ND EDITION
Date: _________________
I. WHO MAY PARTICIPATE:
Person/s or Corporation/s that paid the required registration fee and accomplished
the registration form issued, such as but not limited to:
1. All Filipino citizens who are not otherwise disqualified by law to acquire real
property in the Philippines and in pursuant to the limitations provided under
Art. 149128 of RA 386 otherwise known as the Civil Code of the Philippines
and Sec. 8929 of RA 7160 otherwise known as the Local Government Code
(LGC) of 1991 and other applicable laws rules and regulations.
2. Partnership, corporations and other legal entities duly registered with the
Securities and Exchange Commission (SEC) , 60% of the capital of which is
owned by Filipino citizens and not disqualified by law to acquire real property
in the Philippines;
28 Art. 1491. The following persons cannot acquire by purchase, even at a public or judicial auction, either in person or
through the mediation of another:
a. The guardian, the property of the person or persons who may be under his guardianship;
b. Agents, the property whose administration or sale may have been entrusted to them, unless the consent of the
principal has been given;
c. Executors and administrators, the property of the estate under administration;
d. Public officers and employees, the property of the State or of any subdivision thereof, or of any government-owned
or controlled corporation, or institution, the administration of which has been entrusted to them; this provision shall
apply to judges and government experts who, in any manner whatsoever, take part in the sale;
e. Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other officers and employees
connected with the administration of justice, the property and rights in litigation or levied upon an execution before
the court within whose jurisdiction or territory they exercise their respective functions; this prohibition includes the
act of acquiring by assignment and shall apply to lawyers, with respect to the property and rights which may be
the object of any litigation in which they may take part by virtue of their profession.
f. Any others specially disqualified by law.
a. It shall be unlawful for any local government official or employee, directly or indirectly, to:
1. Engage in any business transaction with the local government unit in which he is an official or employee
or over which he has the power of supervision, or with any of its authorized boards, officials, agents, or
attorneys, whereby money is to be paid, or property or any other thing of value is to be transferred, directly
or indirectly, out of the resources of the local government unit to such person or firm;
2. Hold such interests in any cockpit or other games licensed by a local government unit.
3. Purchase any real estate or other property forfeited in favor of such local government unit for unpaid taxes or
assessment, or by virtue of a legal process at the instance of the said local government unit.
4. Be a surety for any person contracting or doing business with the local government unit for which a surety
is required; and
5. Possess or use any public property of the local government unit for private purposes.
b. All other prohibitions governing the conduct of national public officers relating to prohibited business and pecuniary
interest so provided for under Republic Act Numbered 6713 (RA 6713) otherwise known as the "Code of Conduct
and Ethical Standards for Public Officials and Employees" and other laws shall also be applicable to local
government officials and employees.
107
FORMS AND ANNEXES
that shall cover the registration fee for the Public Auction and post a
refundable cash bond in the amount of ____________________________,
Cash Bond Amount in Words
108
LTOM, 2ND EDITION
109
FORMS AND ANNEXES
The information provided is not covered by the data privacy act and is only meant to carry out the provisions of public auction pursuant to Sec. 258 (Levy
on Real Property) and Sec. 260 (Advertisement and Sale) of the LGC.
110
LTOM, 2ND EDITION
CERTIFICATE OF SALE
I hereby certify that after having been advertised for sale pursuant to Sec. 260 of
RA 7160 otherwise known as the Local Government Code (LGC) of 1991, and subject to
the conditions set forth therein, the delinquent real property (land/building/machinery/
improvement) described hereunder was sold at the public auction:
of taxes, interest due or penalties and expenses of sale thereon, itemized as follows:
For the year/s _____________________, the real property tax (RPT) delinquency,
including penalty/ies and expenses of sale is computed as follows:
BASIC SEF
Assessed Expenses of
Tax Year Tax Penalty Tax Penalty Total Amount
Value Sale
____________________________
Local Treasurer
111
FORMS AND ANNEXES
Declared Owner/s :
Tax Declaration No. :
TCT Number :
Location of Property :
Kind of Property :
Assessed Value :
has been forfeited in favor of the __________ at the public auction held on
LGU
________ at the __________________, for the amount of taxes and penalties due
on the property and cost of sale, there being no interested bidder at the public auction
of the delinquent property or the highest bid offered having been for an amount not
sufficient to pay the taxes, penalties and costs due thereon, computed as follows:
Province/City : Date :
Attested:
____________________________
Local Treasurer
112
LTOM, 2ND EDITION
113
FORMS AND ANNEXES
This is to certify that the real property described hereunder and purchased by
_____________________________ on _________________ was redeemed upon
Name of Highest Bidder Date of Auction
Declared Owner/s :
Tax Declaration No. :
TCT Number :
Location of Property :
Kind of Property :
Assessed Value :
At any time upon surrender to this office of the Certificate of Sale, dated
___________ and Official Receipt Number/s ______________ dated __________
Date of Auction Official Receipt of Bid Price Date of Auction
not more than two percent (2%) per month of the purchase price from the date of
redemption shall be refunded to the purchaser.
____________________________
Local Treasurer
114
LTOM, 2ND EDITION
Date: _________________
ASSESSOR
REGISTRAR OF DEEDS
COMPLETE OFFICE ADDRESS
Dear Sir/Madam:
This is to inform that the Warrant of Levy dated _________________ issued
on the property covered by Tax Declaration Number _______ and Transfer Certificate
of Title (TCT) No. ________ was cancelled due to the exercise of redemption by the
declared owner/s.
115
FORMS AND ANNEXES
to the provision of Section 260 of RA 7160 otherwise known as the Local Government Code
(LGC) of 1991, and was served personally and thru registered mail to the declared owner/
person having legal interest therein or authorized representative at his/her registered.
No. ____________, dated ___________, sufficient to satisfy the amount of taxes, interest due
or penalties and expenses of sale thereon.
NOW THEREFORE, the real property under Tax Declaration No.: ________________,
ARP: ________________, PIN: ________________, free from any encumbrance or third
party claim whatsoever, is hereby conveyed to Mr./Ms. ______________________________,
Name of the Highest Bidder
116
LTOM, 2ND EDITION
IN WITNESS WHEREOF, the parties hereto have signed this deed this _______ day
Day
____________________________ ____________________________
Vendor Vendee
Name of the Local Treasurer Name of Highest Bidder
____________________________ ____________________________
Name of Witness 1 Name of Witness 2
Known to me and me known to be the same person who executed the foregoing instrument and
acknowledged to me that the same is/are his/her/their free act and voluntary deed. WITNESS
MY HAND AND SEAL on this _______ day of ___________________, __________.
Day Month Year
____________________________
Notary Public
Doc No. :
Page No. :
Book No. :
Series of :
117
FORMS AND ANNEXES
118
LTOM, 2ND EDITION
ITEM
STATEMENT OF RECEIPTS AND EXPENDITURES
NO.
Housing and Community
28
Development
29 Social Services and Social Welfare
30 Economic Services
Debt Service (FE) (Interest Expense
31
& Other Charges)
TOTAL CURRENT OPERATING
32
EXPENDITURES
NET OPERATING INCOME/(LOSS)
33
FROM CURRENT
34 ADD: NON-INCOME RECEIPTS
35 CAPITAL/INVESTMENT RECEIPTS
36 Proceeds from Sale of Assets
Proceeds from Sale of Debt
37
Securities of Other
38 Collection of Loans Receivables
RECEIPTS FROM LOANS AND
39
BORROWINGS
40 Acquisition of Loans
41 Issuance of Bonds
42 OTHER NON-INCOME RECEIPTS
43 TOTAL NON-INCOME RECEIPTS
ADD: SUPPLEMENTAL BUDGET FOR
44
CAPITAL OUTLAY
TOTAL AMOUNT AVAILABLE FOR
45
CAPITAL
LESS: NON-OPERATING
46
EXPENDITURES
CAPITAL/INVESTMENT
47
EXPENDITURES
Purchase/Construct of Property
48
Plant and Equipment
Purchase of Debt Securities of Other
49
Entities
Grant/Make Loan to Other Entities
50
(Investment Outlay)
51 DEBT SERVICE (Principal Cost)
52 Payment of Loan Amortization
Retirement/Redemption of Bonds/
53
Debt Securities
OTHER NON-OPERATING
54
EXPENDITURES
TOTAL NON-OPERATING
55
EXPENDITURES
NET INCREASE/(DECREASE) IN
56
FUNDS
57 ADD: CASH BALANCE, BEGINNING
119
FORMS AND ANNEXES
ITEM
STATEMENT OF RECEIPTS AND EXPENDITURES
NO.
58 FUND/CASH AVAILABLE
Less: Payment of Prior Year/s Accounts
59
Payable
60 CONTINUING APPROPRIATION
61 ADD: ADVANCE PAYMENT FOR RPT
62 FUND/CASH BALANCE, END
FUND/CASH BALANCE, END
Amount set aside to finance projects with
appropriations
provided in the previous years (Continuing
appropriations)
Amount set aside for payment of Accounts
Payable
Amount set aside for Obligation not yet Due and
Demandable
Amount Available for appropriations/operations
Total Assets (net of accumulated
depreciation)
Certified Correct:
120
LTOM, 2ND EDITION
ITEM
FIELD INSTRUCTIONS SOURCE
NO.
1 LGU Indicate the name of LGU LGU
4-C General Fund These are actual receipts and expenditures SRS Actual
Column lifted from the SRS and SOE for the Column and
General Fund SOE Actual
Expenditures
Column
4-D SEF Column These are receipts and expenditures lifted SRS Actual
from the SRS and SOE appropriate to the Column and
Special Education Fund (SEF) SOE Actual
Expenditures
Column
4-E Total Sum of GF and SEF
121
FORMS AND ANNEXES
ITEM
FIELD INSTRUCTIONS SOURCE
NO.
11 Regulatory Fees The amount should be lifted from SRS SRS
(Permits and
Licenses)
12 Service/User The amount should be lifted from SRS SRS
Charges (Service
Income)
13 Receipts from The amount should be lifted from SRS SRS
Economic
Enterprises
(Business Income)
14 Other Receipts The amount should be lifted from SRS SRS
(Other General
Income)
15 External Sources Sum of Internal Revenue Allotment, Other
Shares from National Tax Collections,
Inter-Local Transfers and Extraordinary
Receipts/Grants/ Donations/Aids
122
LTOM, 2ND EDITION
ITEM
FIELD INSTRUCTIONS SOURCE
NO.
26 Health, Nutrition & The amount should be lifted from Health, SOE
Population Control Nutrition and Population Control sub-total
of the SOE
27 Labor and The amount should be lifted from the Labor SOE
Employment and Employment sub-total of the SOE
28 Housing and The amount should be lifted from the SOE
Community Housing and Community Development
Development sub-total of the SOE
29 Social Services and The amount should be lifted from the Social SOE
Social Welfare Services and Social Welfare sub-total of
the SOE
30 Economic Services The amount should be lifted from Economic SOE
Services sub-total of the SOE
31 Debt Service (FE) The amount should be lifted from Debt SOE
(Interest Expense & Service (FE) (Interest Expense & Other
Other Charges) Charges) sub-total of the SOE
32 Total Current Sum of General Public Services, Education,
Operating Culture and Sports/Manpower Development
Expenditures , Health, Nutrition & Population Control,
Labor and Employment, Housing and
Community Development, Social Services
and Social Welfare, Economic Services
and Debt Service
33 Net Operating The difference between Total Current
Income (Loss) from Operating Income and Total Current
Current Operations Operating Expenditures
34 Non-Income The amount should be lifted from SRS SRS
Receipts
35 Capital/ Investment Sub-total of Proceeds from Sale of Assets,
Receipts Proceeds from Sale of Debt Securities
of Other Entities, and Collection of Loans
Receivables
36 Proceeds from Sale The amount should be lifted from SRS SRS
of Assets
37 Proceeds from Sale The amount should be lifted from SRS SRS
of Debt Securities of
Other Entities
38 Collection of Loans The amount should be lifted from SRS SRS
Receivables
39 Receipts from Loans Sub-total of Acquisition of Loans and
and Borrowings Issuance of Bonds
40 Acquisition of Loans The amount should be lifted from SRS SRS
123
FORMS AND ANNEXES
ITEM
FIELD INSTRUCTIONS SOURCE
NO.
41 Issuance of Bonds The amount should be lifted from SRS SRS
124
LTOM, 2ND EDITION
ITEM
FIELD INSTRUCTIONS SOURCE
NO.
56 Net Increase Sum of Net Operating Income, Total Non-
(Decrease) in Funds Income Receipts less Total Non-Operating
Expenditures
125