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Human Settlements Adjudication Commission Executive Summary 2022
Human Settlements Adjudication Commission Executive Summary 2022
A. Introduction
The Housing and Land Use Regulatory Board (HLURB) was reconstituted as
the Human Settlements Adjudication Commission (HSAC), referred to as the
"Commission" by virtue of Section 12, Chapter IV of the Republic Act (RA) No.
11201, otherwise known as the “Department of Human Settlements and Urban
Development Act” which was signed on February 14, 2019 by President Rodrigo
Roa Duterte. The Commission assumes and continues to perform the adjudication
function of HLURB and is attached to the Department of Human Settlements and
Urban Development (DHSUD) for policy, planning and program coordination only.
Pursuant to Section 13, Chapter IV of the same RA, the Commission shall be
composed of Commission en banc-Five Commissioners appointed by the President,
and Regional Adjudication Branch (RAB). The Executive Commissioner, chosen
by the President from among the five Commissioners, shall be responsible for the
administration and operations of the Commission, including supervision of
personnel, and shall be assisted by the Executive Clerk of the Commission. On the
other hand, there shall be as many RABs as there are Regional Offices (ROs) of
DHSUD. The President shall appoint as many Regional Adjudicators as may be
necessary upon the recommendation of the Secretary of DHSUD.
RAB Coverage
1. RAB-NCR National Capital Region (NCR)
2. RAB-CAR Cordillera Administrative Region (CAR)
3. RAB-I Ilocos Region
4. RAB-II Cagayan Valley
5. RAB-III Central Luzon
6. RAB-IV-A CALABARZON
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RAB Coverage
7. RAB-IV-B MIMAROPA Region
8. RAB-V Bicol Region
9. RAB-VI Western Visayas
10. RAB-VII Central Visayas
11. RAB-VIII Eastern Visayas
12. RAB-IX Zamboanga Peninsula
13. RAB-X Northern Mindanao
14. RAB-XI Davao Region
15. RAB-XII SOCCSKSARGEN
16. RAB-XIII Caraga
Total
Office Plantilla Position Contractual
Personnel
Central Office (CO) 123 10 133
RAB-NCR 23 7 30
RAB-CAR 16 2 18
RAB-I 15 2 17
RAB-II 14 1 15
RAB-III 17 4 21
RAB-IV-A 19 7 26
RAB-IV-B 13 1 14
RAB-V 15 2 17
RAB-VI 13 0 13
RAB-VII 14 2 16
RAB-VIII 14 2 16
RAB-IX 10 3 13
RAB-X 13 2 15
RAB-XI 18 3 21
RAB-XII 13 2 15
RAB-XIII 12 1 13
Total 362 51 413
B. Operational Highlights
The reported agency’s targets and accomplishments for Calendar Year (CY)
2022 are the following:
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Organizational Outcomes (OO) / Physical Accomplishments
Baseline
Performance Indicators (PIs) Target Physical Percentage
disputes within sixty (60) days out of the
total number of HOA cases ripe for
resolution
4. Percentage of decisions rendered on real
estate management within nine (90)
59% 46% 77.97
calendar days out of the total number of
cases deemed submitted for decision
5. Percentage of decisions rendered on HOA
disputes within ninety (90) calendar days
57% 48% 84.21
out of the total number of cases deemed
submitted for decision
C. Financial Highlights
Amount (P)
Particulars 2021
2022
(As Restated)
Financial Position
Assets 1,666,426,766.73 1,592,135,528.44
Liabilities 341,672,457.74 274,310,665.58
Net Assets/Equity 1,324,754,308.99 1,317,824,862.86
Financial Performance
Revenue 13,676,931.60 10,584,409.52
Current Operating Expenses 421,105,896.14 293,665,347.99
Net Financial Assistance/Subsidy 433,964,834.46 306,926,079.03
Miscellaneous Income 99,539.35 133.56
Gains - 30,000.00
Losses - (11,731.93)
Surplus/(Deficit) 26,635,409.27 23,863,542.19
Sources and Utilization of Funds
Appropriations 442,072,454.00 284,452,614.00
Continuing Appropriations 20,599,905.70 46,385,335.54
Allotments 462,672,359.70 330,837,949.54
Obligations Incurred 429,253,273.38 303,533,477.49
Disbursements 422,268,469.43 293,130,994.94
Unobligated Allotment 33,419,086.32 27,304,472.05
D. Scope of Audit
The audit covered the accounts and operations of the HSAC-Central Office
(CO) and its RABs for CY 2022. It was conducted to: a) ascertain the level of
assurance that may be placed on the Management’s assertions on the financial
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statements (FSs); b) determine the propriety of transactions as well as extent of
compliance on the applicable laws, rules and regulations; c) recommend agency’s
improvement opportunities; and d) determine the extent of implementation of prior
years’ audit recommendations. Moreover, the audit was conducted in accordance
with International Standards of Supreme Audit Institutions (ISSAIs).
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We recommended and Management agreed to instruct the Regional
Accountants of RAB-NCR and IX to ensure the proper recording of
transactions and computation of depreciation to avoid errors; and RAB-IX to
prepare the necessary adjusting entries.
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6. In RAB-IV-B, V, IX, and XIII, the accuracy of the balance of Inventory
Accounts of P2,787,494.31 as to its existence, completeness, condition, and
accountability could not be ascertained due to: (a) inventory items found
during physical count but no available property and accounting records; (b)
non-preparation and maintenance of prescribed inventory forms, registries,
and reports; and (c) discrepancy between the Report on Physical Count of
Inventories (RPCI) and General Ledger (GL) of P26,875.71, contrary to
Section 17, Chapter 8, Volume I and Appendix 66, Volume II of the GAM for
NGAs and Section 4.7 of the COA Circular 2022-004 dated May 31, 2022.
(Finding No. 6).
7. In RAB-NCR, IV-B, IX, X, and XI, the accuracy of the balance of PPE of
P15,237,888.18 as to its existence, completeness, condition, and
accountability could not be ascertained due to: (a) failure to conduct physical
count of PPE; (b) misclassification of ICT Equipment amounting to
P510,010.60 in the Report on Physical Count of Property, Plant and
Equipment (RPCPPE); (c) absence of property tags/stickers in PPE items; (d)
non-preparation and maintenance of Property Cards (PCs) and Property, Plant
and Equipment Ledger Cards (PPELCs); (e) recorded PPE items not included
in the RPCPPE; and (f) discrepancy between the RPCPPE and GL of
P1,178.00, contrary to Sections 38 and 42, Chapter 10, Volume I of the GAM
for NGAs and COA Circular 2020-006 dated January 31, 2020. (Finding No.
7).
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We recommended and Management agreed to:
b. Ensure the strict compliance of the concerned personnel with the COA
Circular No. 2020-006 (RAB-NCR and X);
c. Instruct the Property Officer to attach the property tag/sticker on each PPE
items in accordance with Sections 5.7 and 6.2.5 of COA Circular 2020-
006 (RAB-IV-B and IX);
e. Direct the Property Officer to exert his best efforts to locate the missing
PPEs and coordinate with the Property Officer of DHSUD-XI to
determine the details of its accountabilities (RAB-XI).
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d. Instruct the Accounting Division to facilitate the preparation and
submission of Statement of Account (SOA) together with the List of
Remittances and Utilization Report for the year 2022 and years below to
the Audit Team and Bureau of Treasury (BTr) (HSAC-CO and RAB-
NCR);
g. Instruct the Legal Division to provide the Accounting Division with any
updates relative to the review of the dormant consignation fees/appeal
bond such as the status of cases, case number, and official receipt date and
number to complete the information in the subsidiary ledger of the Trust
Liabilities account and to update its record and determine the accuracy of
recorded balance (RAB-NCR);
9. In HSAC-CO, out of the 461 appealed cases deemed submitted for decision in
CY 2022, 26 appealed cases were not resolved within the prescribed period
incurring delays ranging from one day to 101 days, contrary to Section 121,
Rule 27 of the HSAC Rules of Procedure-En Banc Resolution No. 8, Series of
2021. (Finding No. 9).
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We recommended and Management agreed to strengthen the monitoring of
the resolution of cases through the following:
a. Amend the HSAC Rules of Procedure and issue guidelines through En-
Banc Resolution on those appealed cases that were elevated late and with
pending incidents particularly the period when to resolve those cases to
avoid delays in the resolution of appealed cases;
d. Ensure that all appealed cases deemed submitted for decision are resolved
within the prescribed period to be compliant with the HSAC Rules of
Procedures on the resolution of cases.
10. In RAB-NCR, I, III, and XI, out of 1,060 cases deemed submitted for
decision, 254 cases were not resolved within the prescribed period incurring
delays ranging from one day to 2,153 days, contrary to Section 54, Rule 14 of
the HSAC Rules of Procedure-En Banc Resolution No. 8, Series of 2021 and
Section 48, Rule 14 of the 2019 Revised HLURB Rules of Procedure-
Resolution No. 980, Series of 2019. (Finding No. 10).
RAB-NCR
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d. Evaluate the necessity of hiring additional legal assistant/support staff to
assist the adjudicators of the agency and to handle the database of all cases
filed that will be established; and
e. Ensure that all cases deemed submitted for decision are resolved within
the prescribed period to be compliant with the HSAC Rules of Procedures
on the resolution of cases (RAB-NCR, I, and III).
12. In RAB-II, IV-B and XIII, deficiencies in the procurement process were noted
such as: (a) Approved Budget for the Contract (ABC) and significant terms
and conditions were not specified in the Canvass/Request for Quotation
(RFQ); (b) RAB did not require the suppliers to establish warranty for the
procured equipment and semi-expendable items; (c) Bids and Awards
Committee (BAC) did not prepare and/or submit the Annual Procurement
Plan (APP) and Procurement Monitoring Reports (PMRs) to the Government
Procurement and Policy Board (GPPB) within the prescribed period; (d)
publication of advertisement and post-award information in the PhilGEPS
website, agency’s official website and social media platforms were not
complied with; (e) RFQ was provided to the prospective bidders beyond the
deadline for submission and/or on short notice; (f) lack of documentary
requirements of the Lone Bidder, (g) grant of six-month advance payment for
the lease of office space, contrary to the provisions in the 2016 Revised
Implementing Rules and Regulations (IRR) of RA No. 9184, Section 3.2 of
the GPPB Circular No. 02-2020 dated May 20, 2020, GPPB Resolution 09-
2020 dated May 07, 2020, GPPB Circular 01-2021 dated March 04, 2021 and
Section 88 of Presidential Decree (PD) No. 1445. (Finding No. 12).
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We recommended and Management agreed to:
RAB-II
a. Require the end-users and BAC to indicate the ABC and significant terms
and conditions in the RFQs before sending to the prospective bidders;
RAB-IV-B
c. Require the BAC to prepare and submit the PMRs to the GPPB within the
prescribed period;
RAB-XIII
d. Strictly comply with the provisions of the 2016 Revised IRR of RA No.
9184 and GPPB Circular 01-2021 on the publication of advertisement and
post-award information;
e. Require the BAC to send the RFQ to the prospective bidders earlier or on
the same day it was posted on the PhilGEPS’ website;
f. Strictly comply with the provisions of the 2016 Revised IRR of RA No.
9184 and GPPB Resolution 09-2020 particularly during the preliminary
examination of bids and in every stage of procurement;
h. Require the Budget Officer to ensure that Obligation Request and Status
(ORS) for each disbursement is properly attached, accomplished, and
signed; and
i. Revise the contract and indicate therein the payment terms, which must be
favorable to the government.
13. In RAB-II, IV-B, VII, VIII, and XIII, various expenditures totaling
P491,414.38 comprising of: (a) actual accommodation expenses totaling
P19,449.23 exceeded the allowable per diem rate by P4,929.23; (b) traveling
expenses totaling P5,646.00 and representation expenses of P995.00; (c) Rice
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Subsidy granted to officials and employees totaling P426,845.15; (d) excess
Extraordinary and Miscellaneous Expenses (EME) of P48,500.00 granted and
paid to official; and (f) representation expenses such as priest stipend and
alcoholic drinks of P4,499.00 were considered irregular, unnecessary, and
excessive pursuant to the COA Circular 2012-003 dated October 29, 2012.
(Finding No. 13).
RAB-II
RAB-IV-B
d. Submit the legal basis on the granting of Rice Subsidy, otherwise stop the
granting of subsidy/allowances without clear legal basis;
RAB-XI
e. Instruct the Special Disbursing Officer to stop avoid the payment of priest
stipend and purchase of liquors; and
RAB-XIII
f. Ensure that claim for EME is given to the official governing the agency’s
day-to-day operation and indicated in the office order allowing such claim.
14. In RAB-IV-A, VI, and XIII, several internal control issues were noted due to
weakness and insufficient internal control system such as: (a) assessment of
collection of administrative fines and execution fees were not supported with
documents as basis of the amount collected; (b) leave cards of 13 employees
were not updated and submitted; and (c) payments of the grant of cash
advances and replenishments of Petty Cash Fund (PCF) were deposited
directly to the personal account of the Accountable Officer, contrary to
Sections 123 and 124 of PD No. 1445, Section 5.2.2 of COA Circular No. 95-
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007 dated May 30, 1997, and Sections 33 and 38, Chapter 6, Volume I of the
GAM for NGAs. (Finding No. 14).
15. In HSAC-CO, RAB-XI, RAB-XII and XIII, various deficiencies were noted
in the handling of their PCF such as: (a) incomplete/deficient documentation
in the replenishment of petty cash advance; (b) PCF was not replenished
within the required least percentage; and (c) inappropriate utilization, in
violation of the provisions of Chapter 6, Volume I of the GAM for NGAs on
the accounting policies regarding PCF. Moreover, various payments out of
PCF were erroneously recorded at its appropriate accounts. (Finding No. 15).
HSAC-CO
RAB-XI
d. Stop the practice of using PCF for purchases and/or payments of regular
and recurring expenses;
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RAB-XIII
e. Instruct the PCFC to submit all the lacking documents and strictly comply
with the accounting policies on PCF; and
16. In RAB-XIII, the balance of the Office Supplies Inventory account amounting
to P261,679.02 has exceeded the normal two-month requirements of the
region pursuant to Section 27 of the General Provisions (GPs) of RA No.
11639, the General Appropriations Act (GAA) for Fiscal Year (FY) 2022 due
to inadequate procurement planning and non-monitoring of inventory items;
thus, resulting in the overstocking of supplies and may likewise resulted in the
obsolescence or expiry of some inventory items. (Finding No. 16).
a. Strictly comply with Section 27 of the GPs of GAA for FY 2022 and in
the subsequent GAA containing such provisions; and
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1445; thus, depriving the government of income that may have been derived
from the sale thereof. (Finding No. 18).
19. The fidelity bond of the Accountable Officer of RAB-XI was insufficient to
cover its maximum cash accountability contrary to BTr Circular No. 02-2019
and BTr Office Order No. 11-2021; thus, may result in high risk of not being
fully indemnified in case of loss of government funds. (Finding No. 19).
20. In RAB-II, IV-B, and VII, various purchases of goods and services and
payment of honorarium aggregating P197,223.42 were made on
reimbursement basis contrary to COA Circular No. 97-002 dated February 10,
1997, resulting in the non-withholding of appropriate tax and risk of not
obtaining the most advantageous price from such purchases. (Finding No. 20).
RAB-II
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c. Strictly comply with the modes of procurement as provided in RA No.
9184 to ensure price competitiveness.
21. In RAB-NCR, I, VI, VII, VIII, and XI, various paid Disbursement Vouchers
(DVs) with total amount of P7,470,088.57 and liquidation document of
P5,500.00 were not supported with complete documentation and with
deficiencies in documentation, contrary to Section 4(6) of PD No. 1445 and
COA Circular No. 2012-001; thus, precluding the Audit Team in the timely
review and verification of the validity, propriety, and regularity of the
transactions. (Finding No. 21).
b. The Regional Accountant of RAB-NCR, VI, VII and VIII to ensure that
the DVs are supported with complete documentation and with no
deficiencies;
22. In RAB-II, IV-A, IV-B, IX and X, various deficiencies were noted such as: (a)
various monthly financial reports including the supporting documents such as
DVs and Official Receipts (ORs) were submitted late and/or not submitted to
the Audit Team within the prescribed period provided in Section 60, Chapter
19, Volume I of the GAM for NGAs and Section 7 of the COA Circular No.
2009-006 dated September 15, 2009; and (b) perfected POs of P4,747,949.42
were not submitted to the Audit Team within the prescribed period, in
violation of Section 3.2.1 of COA Circular No. 2009-001 dated February 12,
2009. (Finding No. 22).
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We recommended and the Management agreed to:
RAB-IV-A and IX
RAB-IX
b. Require the Cashier to prepare the report daily or as necessary to give the
Regional Accountant ample time to review and record these reports;
RAB-IV-B
e. Concerned employees to ensure that POs and Purchase Requests (PRs) are
properly accomplished; and
RAB-X
f. Concerned employees to notify the Audit Team within 24 hours the time
and date of the scheduled deliveries of procured items.
23. The Regional Accountant of RAB-IV-B was not able to prepare and maintain
the Subsidiary Ledger (SL), contrary to Appendix 6, Volume II of the GAM
for NGAs; thus, precluded the reconciliation of the balances with the GL.
(Finding No. 23).
24. The RAB-XII has no adequate storage facilities to safe keep the documents
submitted to the Audit Team; thus, exposing these documents to possible loss,
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contrary to the provision of Section 101(1) of PD No. 1445 and Section 1.2 of
the COA Circular No. 2013-006. (Finding No. 24).
In RAB-CAR, the Audit Team issued Notice of Disallowance (ND) No. 2022-
01-101 on August 26, 2022 relative to the overpayment of monthly salary of the
three (3) Contract of Service personnel from the period January 01, 2022 to June
30, 2022 because their absences and undertimes were not deducted accordingly.
Furthermore, a Notice of Suspension (NS) No. 2022-01-101(2021) was issued
relative to the procurement amounting to P30,758.93 which was already settled thru
a Notice of Settlement of Suspension/Disallowance/Charge (NSSDC) No. 22-01-
101 (2021) on December 29, 2022.
There were no other audit suspensions, disallowances and charges issued and
settled for CY 2022.
Of the 61 audit recommendations contained in the CYs 2020 and 2021 Annual
Audit Report (AAR) on HSAC, 46 were implemented and 15 were not
implemented.
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