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This web page features the full text of
SUPERVISORY CIRCULAR NO. 5.
[1977]
 
 
 
SUPERVISORY CIRCULAR NO. 5 
[1977]
   
TO:  ALL JUSTICES OF THE COURT OF APPEALS, JUDGES OF THE COURT OF TAX APPEALS, COURTS OF FIRST INSTANCE, CIRCUIT CRIMINAL COURTS, JUVENILE AND DOMESTIC RELATIONS COURTS, COURTS OF AGRARIAN RELATIONS, CITY AND MUNICIPAL COURTS AND ALL CLERKS OF COURTS.
             
SUBJECT:  REQUEST FOR RELIEF FROM ACCOUNTABILITY FOR GOVERNMENT FUNDS AND/OR PROPERTY.
  
It has come to the attention of this Court that requests for relief from accountability for the loss and/or destruction of government funds or property have been unnecessarily delayed thereby opening themselves to the possibility of disallowance by the Commission on Audit even in meritorious cases. To obviate this possibility and to enable this Court to seasonably transmit such requests to the Commission on Audit, attention is invited, by way of reminder, to the provisions of Section 638 of the Revised Administrative Code, which is quoted hereunder:
"SECTION 638. Credit for loss occurring in transit or due to casualty; Notice to Auditor. - When a loss of government funds or property occurs while the same is in transit or is caused by fire, theft, or other casualty, the officer accountable therefor or having custody thereof shall immediately notify the Auditor General, or the provincial auditor, according as the matter is within the original jurisdiction of the one or the other, and within thirty days or such longer period as the Auditor, or provincial auditor, may in the particular case allow, shall present his application for relief, with the available evidence in support thereof. An officer who fails to comply with this requirement shall not be relieved of liability or allowed credit for any such loss in the settlement of his accounts.

"A [district] provincial auditor shall not allow credit for these losses unless the Auditor General shall give him express authority to that effect, to be exercised only if the loss is not in excess of one hundred pesos. When, in any case, the allowance of credit is not within the competency of the provincial auditor, the application and evidence, with the recommendation of the Provincial Auditor shall be forwarded to the Auditor General for his action."

Strict compliance herewith is hereby enjoined.

March 14, 1977.  
    
    

[Sgd.] RICARDO C. PUNO
Acting Judicial Consultant
 
 
 




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