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PRESIDENTIAL DECREE NO. 61
PRESIDENTIAL DECREE NO. 61 -
FURTHER AMENDING Sections 584 AND 651 OF THE REVISED ADMINISTRATIVE
CODE, AS AMENDED BY REPUBLIC ACTS NOS. 2266 AND 2716
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WHEREAS, in order to clarify that status of
the representative of the Auditor General and his subordinate officials
and employees assigned in government-owned and controlled corporations
and to define the powers of the Auditor General in appointing said
officials and employees and his authority to determine the operating
expenses of the Auditing Office thereat, there is a need to further
amend section 584 and 651 of the Revised Administrative Code, as
amended by Republic Act No. 2266 and Republic Act 2716, respectively;chanroblesvirtualawlibrary
WHEREAS, to give autonomy to the various self-governing boards of
government-owned and controlled corporations in the management and
operation of their respective corporations, it is imperative to extend
to said governing boards the corresponding authority to pass upon the
personnel requirements of the Auditor General's representatives, with
the end in view to reducing costs and expenses as envisioned under the
Integrated Reorganization Plan;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, Commander-in-Chief of all the
Armed Forces of the Philippines, pursuant to Proclamation No. 1081,
dated September 21, 1972, and General Order No. 1, dated September 22,
1972, as amended, and in order to effect the desired changes and
reforms in the social, economic and political structures of our
Society, do hereby decree that the following amendments to the
aforementioned provisions as amended by Republic Act No. 2266 and
Republic Act No. 2716, are hereby adopted and approved, and made part
of the law of the land:cralaw:red
Section 1. Section 584 of the Revised Administrative
Code, as amended by Republic Act No. 2266, is further amended to read
as follows:cralaw:red
"Sec. 584. General jurisdiction of the General
Auditing Office. — The authority and powers of the General Auditing
Office extend to and comprehend all matters relating to accounting
procedure, including the keeping of the accounts of the Government, the
preservation of vouchers, the method of accounting, the examination and
inspection of the books, records and papers relating to such accounts
and to the audit and settlement of the accounts of all persons
respecting funds or property received or held by them in an accountable
capacity, as well as to the examination and audit of all debts and
claims of any sort due from or coming to the Government of the
Philippines in any of its branches. The said jurisdiction shall also
extend to all corporations established and organized in accordance with
the laws of the Philippines wherein the Government of the Philippines
or any of its branches or any corporation owned or controlled by it
owns the majority of stocks as well as to all other self-governing
boards, commissions or agencies of the government. In the exercise of
this jurisdiction, the Auditor General shall act as the ex officio
Auditor of the said corporation, board commission or agency and, as
such he is empowered and authorized to appoint a representative, known
as the Auditor, and fix his salary in an amount equal to the salary
authorized for the first assistant or next ranking managing head of the
corporation, board, commission or agency, and to appoint and fix the
salaries and number of the personnel to assist said representative in
his work, but in all cases subject to the approval of the
self-governing board, commission, or agency of the government
concerned. The personnel expenses and operating costs of his office
shall be determined and paid by the corporation, board, commission or
agency concerned. Such salaries and number of Auditing personnel may
only thereafter be increased, diminished or altered by the Auditor
General, subject to the approval of the self-governing board,
commission or agency of the government concerned and said
representative and his subordinate personnel may receive such
allowances and privileges as may be authorized and approved by the said
governing board, commission, or agency of the government upon
recommendation of the Auditor General."
Section 2. The first paragraph of section 651 of the
same Code as amended by Republic Act No. 2266, is hereby further
amended to read as follows:cralaw:red
"Sec. 651. Power of Auditor to compromise claim. —
The provision of any law to the contrary notwithstanding, when, in the
judgment of the Auditor General, the interest of the government so
requires, he may compromise or release, in whole or in part, any claim
or settled liability to the Government not exceeding P1,000.00 and,
with the written approval of the President of the Philippines, he may
likewise compromise or release any similar claim or liability not
exceeding P10,000.00. The respective boards of directors of all
government-owned or controlled corporations, including other
self-governing boards, commissions and agencies, shall have the
exclusive power to compromise or release any similar claim or liability
in accordance with and as authorized by their respective charters, if
in their judgment the interest of their respective corporations so
requires."
Section 3. Any provision of law and executive orders
to the contrary notwithstanding, all officials and employees of the
General Auditing Office assigned to the various government agencies and
instrumentalities, including all government-owned or controlled
corporations, shall be subject to the Civil Service Law, rules and
regulations and all their appointments shall be submitted to the Civil
Service Commission for attestation. In the approval of the appointments
of all officials and employees of the General Auditing Office in the
said government-owned or controlled corporations and instrumentalities,
the self-governing board, commission or agency of the government shall
strictly comply with and adhere to the pertinent provisions of the
Civil Service Law, rules and regulations.
Section 4. Republic Act No. 2266 and Republic Act No.
2716, and all other acts, executive orders, administrative orders,
proclamations, decrees, rules and regulations or part thereof
inconsistent with any of the provisions of this decree are hereby
repealed or modified accordingly.
Section 5. This Decree shall take effect immediately,
provided, that amendments, changes and modifications may be made by me
and the same shall take effect after pronouncement thereon by me or any
duly designated representative. chanroblesvirtualawlibrary
Done in the City of Manila,
this 20th day of November, in the year of Our Lord, nineteen hundred
and seventy-two.
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