By Edu Punay (The Philippine Star) Updated June 29, 2011
MANILA, Philippines - The Supreme Court (SC) has issued a ruling allowing the Commission on Audit (COA) to conduct an audit on the funds of the Boy Scouts of the Philippines (BSP).
The SC justices, voting 11-4 last June 7, ruled that the BSP is a public corporation and therefore subject to government audit.
“After looking at the legislative history of its amended charter and carefully studying the applicable laws and the arguments of both parties, we found that the BSP is a public corporation and its funds are subject to the COA’s audit jurisdiction,” the court said in a ruling penned by Associate Justice Teresita Leonardo-de Castro.
Ten other justices, including Chief Justice Renato Corona, concurred with this ruling.
The Court said Article XII Section 16 of the Constitution should not be construed as prohibiting Congress from creating public corporations.
“In fact, Congress has enacted numerous laws creating public corporations or government agencies or instrumentalities vested with corporate powers. Moreover, Sec.16, Art. XII, which relates to National Economy and Patrimony, could not have tied the hands of Congress in creating public corporations to serve any of the constitutional policies or objectives,” the ruling said.
The majority ruling held that a review of the record of the 1986 Constitutional Commission showed the intent of the framers of the highest law of our land “to distinguish between government corporations performing governmental functions and corporations involved in business or proprietary functions.”
The dissenting opinion of Justice Antonio Carpio insisted that “the Constitution recognizes only two classes of corporations: private corporations under a general law, and government-owned or controlled corporations created by special charters.”
It contended that the court, in its majority ruling, “introduces a totally different species of corporation, which is neither a private corporation nor a government-owned or controlled corporation and in so doing, is missing the fact that the BSP, which was created as a non-stock, non-profit corporation, can only be either a private corporation or a government-owned or controlled corporation.”
The case stemmed from a resolution issued by the COA on Aug. 19, 1999, with the subject “Defining the Commission’s policy with respect to the audit of the BSP.”
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The commission stated that the BSP was created as a public corporation under Commonwealth Act No. 7278.
It cited that in “BSP vs. National Labor Relations Commission,” the SC ruled that the BSP, as constituted under its charter, was a “government-controlled corporation within the meaning of Article IX (B)(2)(1) of the Constitution.”
The COA said “the BSP is appropriately regarded as a government instrumentality under the 1987 Administrative Code.”
It likewise mentioned its mandate under Article IX(D) Section 2(1) of the Constitution.
source
Showing posts with label coa philippines. Show all posts
Showing posts with label coa philippines. Show all posts
Sunday, July 24, 2011
Ombudsman: ‘Superbody’ to investigate gov't contracts
abs-cbnNEWS.com
Posted at 07/19/2011 1:22 PM
MANILA, Philippines - Acting Ombudsman Orlando Casimiro has created a “superbody” that will examine and investigate government contracts and transactions.
In a memorandum circular, he has already requested the institutional participation of the Commission on Audit (COA), the Department of Justice (DOJ), National Bureau of Investigation (NBI), Anti-Money Laundering Council (AMLC) and the Bureau of Internal Revenue (BIR).
The team, called Special Multi-Agency Reform Team, will “examine and investigate contracts and transactions entered into by government agencies through their respective officials and employees with the end view of expediting the prosecution of all perpetrators of corrupt activities, should the evidence so warrant.”
It is anchored on the Ombudsman’s mandate to take measures against graft and corruption.
Sec. 15 (4) of RA 6770 (Ombudsman Act of 1989) mandates the Office of the Ombudsman to “direct the officer concerned, in any appropriate case, and subject to such limitations as it may provide in its rules and procedure, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action.”
The law also provides that the Ombudsman has the power to request government agencies for assistance.
source
Posted at 07/19/2011 1:22 PM
MANILA, Philippines - Acting Ombudsman Orlando Casimiro has created a “superbody” that will examine and investigate government contracts and transactions.
In a memorandum circular, he has already requested the institutional participation of the Commission on Audit (COA), the Department of Justice (DOJ), National Bureau of Investigation (NBI), Anti-Money Laundering Council (AMLC) and the Bureau of Internal Revenue (BIR).
The team, called Special Multi-Agency Reform Team, will “examine and investigate contracts and transactions entered into by government agencies through their respective officials and employees with the end view of expediting the prosecution of all perpetrators of corrupt activities, should the evidence so warrant.”
It is anchored on the Ombudsman’s mandate to take measures against graft and corruption.
Sec. 15 (4) of RA 6770 (Ombudsman Act of 1989) mandates the Office of the Ombudsman to “direct the officer concerned, in any appropriate case, and subject to such limitations as it may provide in its rules and procedure, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action.”
The law also provides that the Ombudsman has the power to request government agencies for assistance.
source
COA asked to check PNP's receipt of PCSO funds
KIMBERLY JANE TAN, GMA News
Senate blue ribbon committee chairman Sen. Teofisto Guingona III on Monday asked the Commission on Audit (COA) to determine whether the Philippine National Police (PNP) actually received and utilized the money given to it by the Philippine Charity Sweepstakes Office (PCSO).
"Nagamit (ba) talaga ng pulis sa tamang paggamit (Did the police receive the money and use it properly)," Guingona said during the continuation of the Senate blue ribbon panel hearing on the alleged anomalies besetting the PCSO.
Rojas said the charity fund has been allocating 5 percent of its funds for the PNP: 0.5 percent to the national PNP, 0.5 percent to the regional PNP, 1 percent to the provincial PNP, and 3 percent to the city and municipal PNP.
"They are supposed to get it on a monthly basis," he said.
He said the funds for the national PNP is coursed through the PCSO but the funds for the local PNP are coursed directly through the small town lottery (STL) operators.
But when Guingona asked whether they confirmed that the local PNP actually received the money, Rojas said they were furnished acknowledgement receipts but that he still couldn't categorically say that they were sure the police received it.
Lawyer Fidela Tan of the Commission on Audit, who was also present during the hearing, likewise said that she did not know the PNP received the money.
Guingona then asked the COA to look into the matter.
The Senate hearing was ongoing as of posting time.
news source
Senate blue ribbon committee chairman Sen. Teofisto Guingona III on Monday asked the Commission on Audit (COA) to determine whether the Philippine National Police (PNP) actually received and utilized the money given to it by the Philippine Charity Sweepstakes Office (PCSO).
"Nagamit (ba) talaga ng pulis sa tamang paggamit (Did the police receive the money and use it properly)," Guingona said during the continuation of the Senate blue ribbon panel hearing on the alleged anomalies besetting the PCSO.
Rojas said the charity fund has been allocating 5 percent of its funds for the PNP: 0.5 percent to the national PNP, 0.5 percent to the regional PNP, 1 percent to the provincial PNP, and 3 percent to the city and municipal PNP.
"They are supposed to get it on a monthly basis," he said.
He said the funds for the national PNP is coursed through the PCSO but the funds for the local PNP are coursed directly through the small town lottery (STL) operators.
But when Guingona asked whether they confirmed that the local PNP actually received the money, Rojas said they were furnished acknowledgement receipts but that he still couldn't categorically say that they were sure the police received it.
Lawyer Fidela Tan of the Commission on Audit, who was also present during the hearing, likewise said that she did not know the PNP received the money.
Guingona then asked the COA to look into the matter.
The Senate hearing was ongoing as of posting time.
news source
COA shares view on STL
By BEN ROSARIO and EDD USMAN
July 24, 2011, 7:02pm
MANILA, Philippines -- The Commission on Audit (CoA) has aired the possibility that small town lottery (STL) operators may have hoodwinked the Philippine Charity Sweepstakes Office (PCSO) and congressmen in the sharing of STL profits in the past four years.
This was gathered after congressmen denied receiving 2.5 percent of gross receipts of STL operators in their respective districts despite the inclusion of their names in the list of recipients.
Among those who vehemently denied having received money from STL were Deputy Speakers Lorenzo Tañada (LP, Quezon) and Arnulfo Fuentebella (NPC, Camarines Sur); Minority Leader Edcel Lagman (Lakas-Kampi, Albay); Reps. Elpidio Barzaga (NUP, Cavite); and Rodolfo Albano (Lakas-Kampi, Isabela).
On the other hand, Reps. Edgar San Luis (NPC, Laguna) and Danilo Suarez (Lakas-Kampi, Quezon), together with former Nueva Ecija Rep. Edno Joson, said the amounts they received were well accounted for and spent for charity programs in their respective congressional districts.
San Luis showed reporters copies of receipts and liquidation documents that he submitted to the STL operator to justify the expenses.
“Every centavo has been accounted for. Each peso went to what it is intended for – to charity,” said San Luis.
San Luis welcomed the conduct of a House investigation into the controversy.
A CoA report has indicated that under the STL rules and regulations, the 2.5 percent contribution for charity programs in various congressional districts will be directly remitted to the office of concerned congressmen.
Amid the fallout of the revelation of STL operators were directly giving congressmen their districts' shares from the STL revenue sans liquidation, the Philippine Charity Sweepstakes Office is considering re-visiting the implementing rules and regulations (IRR) of the PCSO Loterya ng Bayan (PLB), STL's replacement.
The source said the launching of PLB this year after July may have to be deferred anew to a later date because of "intervening events," apparently referring to the fund mess at the PCSO during the past administration, which the Senate Blue Ribbon Committee has been investigating.
State auditors said effective audit examination could not be rendered until the PCSO revokes Board Resolution No. 248 that directs direct remittance to congressional district of STL funds.
This audit recommendation backed suggestions aired by some solons that STL operators had actually withheld payments to congressmen and that the lack of audit examination failed to prevent the practice.
news source
July 24, 2011, 7:02pm
MANILA, Philippines -- The Commission on Audit (CoA) has aired the possibility that small town lottery (STL) operators may have hoodwinked the Philippine Charity Sweepstakes Office (PCSO) and congressmen in the sharing of STL profits in the past four years.
This was gathered after congressmen denied receiving 2.5 percent of gross receipts of STL operators in their respective districts despite the inclusion of their names in the list of recipients.
Among those who vehemently denied having received money from STL were Deputy Speakers Lorenzo Tañada (LP, Quezon) and Arnulfo Fuentebella (NPC, Camarines Sur); Minority Leader Edcel Lagman (Lakas-Kampi, Albay); Reps. Elpidio Barzaga (NUP, Cavite); and Rodolfo Albano (Lakas-Kampi, Isabela).
On the other hand, Reps. Edgar San Luis (NPC, Laguna) and Danilo Suarez (Lakas-Kampi, Quezon), together with former Nueva Ecija Rep. Edno Joson, said the amounts they received were well accounted for and spent for charity programs in their respective congressional districts.
San Luis showed reporters copies of receipts and liquidation documents that he submitted to the STL operator to justify the expenses.
“Every centavo has been accounted for. Each peso went to what it is intended for – to charity,” said San Luis.
San Luis welcomed the conduct of a House investigation into the controversy.
A CoA report has indicated that under the STL rules and regulations, the 2.5 percent contribution for charity programs in various congressional districts will be directly remitted to the office of concerned congressmen.
Amid the fallout of the revelation of STL operators were directly giving congressmen their districts' shares from the STL revenue sans liquidation, the Philippine Charity Sweepstakes Office is considering re-visiting the implementing rules and regulations (IRR) of the PCSO Loterya ng Bayan (PLB), STL's replacement.
The source said the launching of PLB this year after July may have to be deferred anew to a later date because of "intervening events," apparently referring to the fund mess at the PCSO during the past administration, which the Senate Blue Ribbon Committee has been investigating.
State auditors said effective audit examination could not be rendered until the PCSO revokes Board Resolution No. 248 that directs direct remittance to congressional district of STL funds.
This audit recommendation backed suggestions aired by some solons that STL operators had actually withheld payments to congressmen and that the lack of audit examination failed to prevent the practice.
news source
Saturday, July 18, 2009
Philippine Commission on Audit (COA) Adopts COBIT
The Commission on Audit (COA) is the Philippines' Supreme State Audit Institution, responsible for auditing all government agencies. In addition, as a member of the Board of Auditors of the United Nations, the COA needs to train its auditors to conduct audits of United Nations organizations.
Working jointly with the local ISACA chapter, the COA combined the functionality of COBIT and the Risk Based Business Audit Methodology, developing its Structured Information Technology Audit Process (SITAP). An initial group of auditors were trained in SITAP and conducted audits in various Asian countries. Following a positive response to this initial exposure process, a second exposure was conducted with the Information Technology Center of the COA. Since this introduction of SITAP, over 100 auditors have been trained in its implementation.
source
Working jointly with the local ISACA chapter, the COA combined the functionality of COBIT and the Risk Based Business Audit Methodology, developing its Structured Information Technology Audit Process (SITAP). An initial group of auditors were trained in SITAP and conducted audits in various Asian countries. Following a positive response to this initial exposure process, a second exposure was conducted with the Information Technology Center of the COA. Since this introduction of SITAP, over 100 auditors have been trained in its implementation.
source
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