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Mga Batas Pambansa : MGA BATAS PAMBANSA
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BATAS PAMBANSA BILANG. 230BATAS PAMBANSA BLG. 230 - AN ACT
APPROPRIATING FUNDS FOR THE OPERATION OF THE GOVERNMENT OF THE REPUBLIC
OF THE PHILIPPINES FROM JANUARY ONE TO DECEMBER THIRTY-ONE, NINETEEN
HUNDRED AND EIGHTY-THREE AND FOR OTHER PURPOSES
Section 1.
Appropriation of Funds. — The following sums, or so much thereof as may
be necessary are hereby appropriated out of any funds in the National
Treasury of the Philippines not otherwise appropriated, for the
operation of the Government of the Republic of the Philippines from
January one to December thirty-one, nineteen hundred and eighty-three
except where otherwise specifically provided herein:
[For the sake of brevity, the itemization under this Section of the
funds appropriated for the operation of the Government had been
deleted. Please refer to the unbridged version of the pertinent General
Appropriations Acts for the details.]
GENERAL PROVISIONS
Sec. 2. Fees, Charges and Assessments. — All
fees, charges, assessments, and other receipts or revenues collected by
Ministries, bureaus, offices or agencies in the exercise of their
functions, at such rates as are now or may be approved by the Minister
concerned, shall be deposited with the National Treasury and shall
accrue to the General Fund pursuant to Sec. 50 of P.D. No. 1177:
Provided, That certain receipts may be recorded as income of a Special
Fund, a Fiduciary or a Trust Fund, or a fund other than the General
Fund, when authorized as may be issued by the Permanent Committee
created under Sec. 51 of P.D. No. 1177: Provided, further, That all
revenues or income accruing to special accounts in the General Funds
may be made available for expenditures subject to the Special
Provisions in this Act for the agencies concerned and to Special
Budgets required under Sec. 40 of P.D. No. 1177: and Provided,
finally, That whenever practicable and taking into account the cost
reduction program of the government when an agency arranges with
another government office for fabrication or furniture or equipment, or
for computer, printing or other services, the agency rendering such
services may assess the requesting agency for the cost of production
and services rendered and may utilize the said proceeds subject to Sec.
40 of P.D. No. 1177, except as otherwise provided in this
Act.
Sec. 3. Revolving Fund. — Receipts derived from
business-type activities of Ministries, bureaus, offices or agencies
which are authorized by law or by the Special Provisions in this Act to
be constituted into a Revolving Fund shall be separately recorded and
deposited in an authorized government depository bank, except as may
otherwise be determined by the Permanent Committee created under Sec.
51 of P.D. No. 1177, and may be made available for operational expenses
of the said activity of the agency concerned, subject to the conditions
prescribed under the Special Provisions of the agency concerned and the
rules and regulations as may be prescribed by the aforementioned
Permanent Committee. The Revolving Fund shall be considered
self-perpetuating and self-liquidating and all obligations or
expenditures incurred by virtue of said business-type activities shall
be charged against the Revolving Fund: Provided, That all interest
earned shall accrue to and form part of the Revolving Fund: Provided,
further, That interest earned shall accrue to and form part of the
Revolving Fund to be used for the same purpose for which the fund is
authorized.
The Agency concerned shall submit to the Office of Budget and
Management a monthly report of the income from this Fund and a
quarterly report of expenditure. In case of failure to submit said
requirements, the Office of Budget and Management shall order the
suspension of all transactions on this account until such time that
said requirements are complied with.
Sec. 4. Trust Receipts. — Receipts from non-tax
sources authorized by law for specific purposes which are
collected/received by a government office or agency acting as a
trustee, agent or administrator, or which have been received as
guaranty for the fulfillment of an obligation, and all other
collections classified by law or regulations as trust receipts, shall
be treated as a trust liability of the agency concerned and deposited
in an authorized government depository bank or in the National
Treasury, as the case may be, subject to the conditions prescribed
under the Special Provisions of the agency concerned and to the rules
and regulations as determined by the Permanent Committee created under
Sec. 51 of P.D. No. 1177: Provided, That deposits in authorized
government depository banks shall be withdrawable on the joint
signatures of the authorized representatives of the agency and the
Commission on Audit without the need of Special budget or the issuance
of a Cash Disbursement Ceiling: Provided, further, That if the amount
is deposited in a savings account, the interest shall accrue to the
General Fund which shall be remitted to the National Treasury at the
end of each quarter.
Sec. 5. Seminar and Conference Fees. —
Ministries, bureaus, offices or agencies which conduct training
programs approved jointly by the Office of Budget and Management and
the Civil Service Commission are authorized to collect seminar and
conference fees from government and private agency participants, the
rates of which shall be determined in accordance with Letter of
Instructions No. 565. The proceeds derived from such seminars or
conferences may be deposited in an authorized government depository
bank as a trust liability and shall be made available for expenditure
without the need for a Cash Disbursement Ceiling, to defray the costs
incurred for handouts, meals and other incidental expenses, including
speakers' honoraria at rates prescribed pursuant to P.D. No. 985, but
not for entertainment or representation expenses, withdrawable on the
joint signatures of the authorized representatives of the agency
concerned and the Commission on Audit: Provided, That if the income is
deposited in a savings or time deposit account, the interest thereof
shall accrue to the General Fund and shall be remitted to the National
Treasury at the end of each quarter: Provided, further, That no
appropriations authorized in this Act shall be used to support or
augment expenses of seminars or conferences for which fees are
collected: and Provided, finally, That any income remaining in the bank
account at the end of the fiscal year shall be withdrawn and deposited
with the National Treasury as income of the General Fund. The Office of
Budget and Management and the Commission on Audit shall promulgate the
necessary rules and regulations to implement this provision.
Ministries, bureaus, offices or agencies concerned shall submit to the
Office of Budget and Management a monthly report of collections and
deposits and quarterly report of expenditures and financial status of
its training operations, and in case of failure to submit said
requirements, the Office of Budget and Management shall order the
suspension of all withdrawals from the funds deposited until such time
that said requirements are complied with.
Sec. 6. Sale of Products. — Ministries, bureaus,
offices or agencies are authorized to sell products of agricultural,
industrial or other projects, including official publications, and the
proceeds derived therefrom shall be deposited with the National
Treasury and accrue to the General Fund, pursuant to Sec. 50 of P.D.
No. 1177, unless otherwise provided by law or authorized by Special
Provision in this Act.
Sec. 7. Donations. — Ministries, bureaus,
offices, or agencies are authorized to accept donations, contributions,
grants, bequests or gifts, in cash or in kind from foreign governments,
international agencies, private entities or individuals for purposes
relevant to their functions. Cash proceeds shall be deposited with the
National Treasury as a Special Account in the General Fund and shall be
used or expended only in accordance with the wishes of, and purposes
specified by the benefactor or donor, subject to Sec. 40 of P.D. No.
1177. Contributions or gifts in kind intended for specified
beneficiaries, but which are perishable in nature and would require
storage or distribution expenditures of more than forty per cent of
their current market value may be sold at public auction and the
proceeds derived therefrom shall be deposited in like manner as if they
were in cash, and shall be used or expended for the same purpose,
subject to the conditions imposed by the donor and Sec. 40 of P.D.
No. 1177. All such receipts, including equipment and other fixed assets
shall be recorded in the books of the government and shall be subject
to pertinent accounting and auditing rules and regulations.
The agency concerned shall submit to the Office of Budget and
Management and to the Commission on Audit quarterly/monthly report of
the proceeds from such donations, contributions, grants, bequests or
gifts, in cash or in kind, including a quarterly report of expenditures
or disbursements thereof.
Sec. 8. Performance Bonds and Deposits. —
Performance bonds and deposits filed or posted by private persons or
entities with agencies of the government shall be deposited with an
authorized government depository bank as trust liabilities and under
the name of the agency concerned. Upon faithful performance of the
undertaking or termination of the obligation for which the bond or
deposit was required, any amount due shall be returned to the filing
party and the office or agency concerned, withdrawable on the joint
signatures of the authorized representatives of the agency and the
Commission on Audit without the need for Cash Disbursement Ceiling:
Provided, That any interest accruing on deposit accounts and any
forfeited amounts shall be recorded as income of the General Fund and
shall be remitted to the National Treasury at the end of each quarter.
This provision shall apply to bonds posted in cash, such as bidder's
bond, guaranty bonds, bail bonds, judicial deposits for the benefit of
clients, cash under litigation deposited in court or quasi-judicial
bodies and other refundable and judicial bonds, and all bonds and
deposits required by law, rules and regulations to be posted to ensure
the faithful performance of an activity or undertaking.
AUTHORIZED EXPENDITURES
Sec. 9. Reorganization of the Executive Branch. —
The President may adjust, realign or modify key budgetary inclusions
and appropriations authorized in this Act as may be necessary to
implement the reorganization of Ministries and Agencies of the
government as approved by law or pursuant to Presidential Decree No.
1416 granting continuing authority to the President of the Philippines
to reorganize the administrative structure of the National Government.
The provisions of P.D. No. 1177 and this Section to the contrary
notwithstanding, nothing shall be construed as preventing the President
from authorizing the realignment of funds from one specific program,
project or activity to another, provided that the total amount as
realigned does not exceed the grand total of all the appropriations of
the Ministries concerned.
Sec. 10. Authority to Use Savings. — Ministries,
bureaus, offices and agencies are hereby authorized to use savings
realized from appropriations actually released to augment their
operational expenses subject to Letter of Implementation No. 29 and
P.D. No. 1177: Provided, however, That such savings shall neither be
used for personal services for the creation of positions.
Sec. 11. Use of Savings. — The President of the
Philippines is authorized to use savings in the appropriations for the
Ministries provided in this Act for the settlement of the following
obligations and activities incurred during the current year:
a. Payment of hazard duty pay and of retirement
gratuity or separation pay of employees who are entitled thereto under
existing law or are laid off as a result of the elimination of their
positions under authorized procedures;
b. Payment of the share of the National Government in
the salaries of officials and employees in newly created and/or
reclassified local government units where no appropriation has been
provided in this Act or where the authorized appropriation is not
sufficient to cover the salaries of the said officials and employees;
c. Provision for social and economic opportunities
and such other activities intended for the welfare of the cultural
minorities as may be undertaken by the Presidential Assistant on
National Minorities;
d. Organization, activation, training and operation
of military units for the purpose of implementing agency development
projects in areas adversely affected by peace and order problems,
including salaries and allowances of all military personnel assigned
thereto;
e. Payment of obligations of National Government or
any of its Ministries or agencies arising from perfected and valid
contracts or international agreements;
f. Purchase or repair of equipment and furniture,
including motor vehicles, to replace those lost or destroyed through
theft or robbery, accident, fire, typhoon and other natural calamities,
and to replace unserviceable and condemned items;
g. Expansion of essential facilities and services,
including the opening of additional classes in elementary, secondary
and vocational schools, as may be approved by the President;
h. Funding of foreign exchange and peso requirements
of foreign-assisted projects.
Sec. 12. Key Budgetary Inclusions. — The Key
Budgetary Inclusions (KBI) of Ministries, bureaus, offices, or agencies
shall be released and used only for the indicated purposes and
conditions, except as may be otherwise approved by the President,
pursuant to P.D. No. 1177: Provided, That the amounts herein
appropriated and funded from loan proceeds or donations shall be
released only to the extent of actual loan availments or receipts, as
the case may be, and shall not be used for any purpose other than that
specified in the loan agreement or in the deed of donation.
Sec. 13. Expenditure Component. — No change or
modification shall be made in the expenditure items referred to in the
General Appropriations Act and other Appropriations Laws except by act
of the Batasang Pambansa or of the President, as the case may be, upon
recommendation of the Office of Budget and Management.
Sec. 14. Cash Advances for Foreign-Assisted
Projects. — Any provision of law to the contrary notwithstanding, cash
advances may be authorized to meet the expenditure requirements of
foreign-assisted projects in cases where the approved project/loan
agreement provides specifically for a reimbursement mechanism for
expenses incurred, subject to the approval of the Office of Budget and
Management and to applicable accounting and auditing regulations.
Sec. 15. Foreign Purchases and Other Importations.
— Purchases under foreign military sales agreements, heavy equipment
imports for infrastructure projects and other importations of agencies
which are financed by foreign borrowings or by Central Bank
consolidated borrowing programs shall be subject to the requirement of
certification of availability of appropriations released for the
purpose, to the requirements of LOI No. 880 and to applicable laws,
rules and regulations.
Sec. 16. Foreign Exchange Requirements. — Except
as otherwise provided in this Act, the appropriations for Ministries,
bureaus, offices or agencies allotted for maintenance and other
operating expenses may be used for foreign exchange requirements of
duly approved activities, including payment of dues to international
organizations, subject to the prior approval of the Office of Budget
and Management.
Sec. 17. Legal Assistance. — With the approval of
the President and upon recommendation of the Minister of Justice and
the Presidential Commission on Reorganization, the funds herein
appropriated for legal assistance activities, including those in the
Ministry of Justice, Ministry of Labor and Employment, Ministry of
Agrarian Reform, Ministry of Agriculture, and other agencies may be
realigned so as to ensure a fully integrated legal assistance program.
Sec. 18. Purchase of Computer Equipment. — The
appropriations authorized in this Act for the purchase of computer
equipment shall be released only with the approval of the President
upon recommendation of the National Computer Center and the Office of
Budget and Management.
Sec. 19. Purchase of Motor Transport Equipment. —
No appropriations authorized in this Act shall be used directly or
indirectly for the purchase of motor transport equipment unless
otherwise directly authorized by the President or as approved by the
Executive Committee upon recommendation of the Office of Budget and
Management as provided by Letter of Instructions No. 1220.
Sec. 20. Limitation on Purchase of Supplies,
Materials and Equipment Spare Parts. — The stock on hand of supplies,
materials and equipment spare parts, to be acquired thru ordinary
purchase out of appropriations herein provided, shall at no time exceed
normal three-month requirements, subject to pertinent rules and
regulations issued by competent authority: Provided, That heads of
Ministries, bureaus, offices or agencies or other instrumentalities of
the government may approve the build-up of stocks on hand of critical
supplies and materials as defined or specified by the Office of Budget
and Management in anticipation of cost increases, of requirements of a
national emergency, or of an impending shortage in the items concerned;
specifying maximum quantities of individual items, but in no case shall
these stocks exceed more than one year's need, unless otherwise
approved by the President, upon the joint recommendation of the
Minister concerned and the Chairman of the Commission on Audit.
Sec. 21. Emergency Purchases. — Unless otherwise
provided in this Act, Ministries, bureaus, offices or agencies of the
National Government are authorized to make emergency purchases of
supplies, materials and spare parts of motor transport equipment that
are urgently needed for the repair of ambulances, motor vehicles,
vessels and aircrafts or to meet an emergency which may involve the
loss of, or danger to, life and/or property, or are to be used in
connection with a project or activity which cannot be delayed without
causing detriment to the public service, in a monthly amount not
exceeding four per centum of the annual agency expenditure program for
supplies and materials out of the appropriations allotted for
maintenance and other operating expenses of the agency concerned,
except as may be authorized by the President, upon the joint
recommendation of the Office of Budget and Management and the
Commission on Audit.
Sec. 22. Repair of Buildings. — Ministries,
bureaus, offices or agencies, including public schools, courts of
justice and hospital may use their appropriations allotted for
maintenance and other operating expenses for minor repairs of their
offices and buildings which are governed-owned.
Sec. 23. Cultural and Athletic Activities. —
Appropriations allotted for maintenance and other operating expenses
not exceeding P15,000 per annum for each Ministry, bureau, office or
agency, and P5,000 for each Regional Office of each regionalized
Ministry, bureau, office or agency, may be used for cultural and
athletic activities, including purchase of uniforms at not more than
P250 for each participant, and for supplies and necessary expenses for
said activities. The amounts fixed in this section constitute the
allowable maximum to be expended by any bureau, office or agency for
its cultural and athletic activities, except as otherwise approved by
the President: Provided, That these amounts may be pooled by the
Minister concerned into one fund, programmed and controlled to best
serve the needs of all the offices, bureaus and agencies therein.
Sec. 24. Extraordinary and Miscellaneous
Expenses. — Appropriations herein authorized may be used for
extraordinary expenses not exceeding: (a) P30,000 for each Minister or
equivalent, (b) P10,000 for each Deputy Minister or equivalent; (c)
P4,000 for each Assistant Secretary or head of bureau or organization
of equal rank to a bureau and for each Ministry Regional Director; and
(d) P2,000 for each Bureau Regional Director. In addition, official
entertainment and other miscellaneous expenses not exceeding P6,000 per
annum shall be authorized for each of the following offices:
1. Office of the Minister;
2. Office of the Deputy Minister;
3. Office of the Assistant Secretary;
4. Bureau of Organizations of Equal Rank to a Bureau;
5. Office of the Ministry Regional Director; and
6. Office of the Bureau Regional Director.
These expenditures shall be payable on a reimbursement basis upon
presentation of receipts and chargeable to appropriations allotted for
maintenance and other operating expenses of the corresponding
office.
For purposes of this Section , extraordinary and miscellaneous expenses
shall include, but not limited to, expenses incurred for or during
meetings, seminars and conferences, official entertainment, public
relations, educational, athletic and cultural activities, contributions
to civic or charitable institutions, membership fees in government
associations, subscription to professional technical journals and
informative magazines, library books and materials, office equipment
and supplies and other similar expenses that are not supported by the
regular budget, allocation: Provided, That no portion of the amounts
authorized herein shall be used for the creation of positions, nor for
salaries, wages, allowances, intelligence and confidential expenses.
Sec. 25. Conditions for the Release of
Intelligence and Confidential Funds. — Intelligence and confidential
funds provided for in the budgets of Ministries, bureaus, offices or
other agencies of the National Government, including amounts from
savings authorized by special provisions to be used for intelligence
and counter-intelligence activities, shall be released only on a
project basis upon approval of the President.
Sec. 26. Information Outlay. — The appropriations
pertaining to information activities of the various Ministries,
bureaus, offices or agencies shall be released upon presentation of an
appropriate program of activities prepared in coordination with the
Office of Media Affairs, copies whereof shall be furnished the Members
of the Batasang Pambansa.
Sec. 27. Loans Outlay. — The amounts authorized
for loans outlay in the budgets of Ministries, bureaus, offices and
other agencies, including accumulated balances and receivables, shall
be remitted to government financial institutions to be constituted and
administered as a trust fund under such terms and conditions as may be
agreed upon by the head of the agency and the government financial
institution concerned.
The rules and regulations governing the use of the trust fund shall be
formulated by the Office of Budget and Management.
CONTRACTS
Sec. 28. Funding of Contracts. — Notwithstanding
the availability of deferred payment terms, Ministries, bureaus,
offices or agencies concerned, before entering into a contract
involving the expenditure of public funds, including contracts for
services or consultancy, contracts of lease, equipment rental,
construction of partitions or improvements in leased buildings, or
contracts involving an increase in the approved contract price shall
secure a certification of availability of funds for the purposes from
the agency Chief Accountant, subject to applicable rules and
regulations as may be issued by the Office of Budget and Management and
to Section s 46 and 64, P.D. No. 1177: Provided, That the certification
of availability of funds sufficient to cover the cost of the contracted
activities shall be contained in and made part of the contract duly
signed by the Chief Accountant of the contracting agency, as provided
for by LOI No. 968.
Sec. 29. Loans Agreements. — Ministries, bureaus,
offices or agencies shall in no case enter into foreign or domestic
loan agreements, whether in cash or in kind, unless the whole amount of
the loan component is covered by an obligational authority certifying
to the availability of programmed appropriations pursuant to LOI No.
880.
Sec. 30. Contracts for Security and Janitorial
Services. — Ministries, bureaus, offices or agencies are authorized to
contract for security and janitorial services with private firms after
public bidding. The cost thereof may be paid from savings in the
appropriations of the Ministry, bureau, office or agency concerned. The
execution of the contract for security and janitorial services shall
not operate to automatically abolish or render vacant any existing
occupied security or janitorial position in the contracting office of
agency: Provided, however, That when said security or janitorial
position shall subsequently become vacant, said position shall be
considered automatically abolished.
Sec. 31. Future Payment of Contractual
Obligations. — Ministries, bureaus, offices or agencies, before
entering into contracts for delivery of goods or services against
future payment, shall first secure a certification of the availability
of the full contracted amount for such goods or services out of the
agency's appropriations. No contracts shall be entered into nor work
shall be undertaken without such certification of fund
availability.
Sec. 32. Conditions for Lease-Purchase
Agreements. — Ministries, bureaus, offices or agencies may enter into
agreements for lease-purchase of equipment subject to the public
bidding and to the approval of the Office of Budget and Management, and
other pertinent accounting and auditing regulations. Details of the
payment shall be indicated in the lease-purchase agreement and
accompanied with certification of availability of equipment outlay
authorized for the agency in this Act to cover the full contract cost:
Provided, That lease-purchase agreements may be entered into only for
specialized equipment with high unit costs and not for such equipment
as typewriters, adding machines, automobiles the purchase price of
which is at least P50,000.00: and Provided, further, That all
lease-purchase agreements of equipment with a total value in excess of
P200,000.00 shall be subject to the approval of the President.
PERSONAL SERVICES BENEFITS
Sec. 33. Funding of Personnel Benefits. — The
personnel benefits costs of government officials and employees shall be
charged against the respective funds from which their compensation
and/or salaries are paid.
All authorized supplementary/additional compensation, fringe benefits
and other personal services costs of officials and employees whose
salaries are drawn from special accounts or special funds, such as
salary increases and adjustments, merit increases, incentive/ service
fees, vacation and sick leaves, retirement and life insurance premiums,
compensation insurance premiums, health insurance (Medicare) premiums,
Pag-I.B.I.G. contributions, hospitalization and medical benefits,
scholarship and educational benefits, training and seminar expenses,
all kinds of allowances, whether commutable or reimbursable, in cash or
in kind, and other personnel benefits and privileges authorized by law,
including the payment of retirement gratuities, separation pay and
terminal leave benefits shall be charged against the corresponding fund
from which their basic salaries are drawn and in no case shall such
personnel benefits costs be charged against the General Fund of the
National Government.
Officials and employees on detail with other offices, including the
representatives and support personnel of auditing units assigned to
serve other offices or agencies, shall be paid their salaries,
emoluments, allowances and the foregoing supplemental compensation,
fringe benefits and other personal services costs from the
appropriations of their parent agencies and in no case shall such be
charged against the appropriations of the agencies where they are
assigned or detailed, except when authorized by law.
Sec. 34. Transportation and Representation
Allowances. — The following officials and those of equivalent rank as
may be determined by the Office of Budget and Management are hereby
granted monthly commutable transportation and representation allowances
payable from the programmed appropriations provided for their
respective offices, not exceeding the rates indicated below, which
shall apply to each type of allowance:
a. At P1,000 for Ministers;
b. At P750 for Career Executive Service Rank I
Officials;
c. At P650 for Career Executive Service Rank II
Officials;
d. At P550 for Career Executive Service Rank III
Officials;
e. At P475 for Career Executive Service Rank IV
Officials;
f. At P400 for Career Executive Service Rank V
Officials,
g. At P325 for Chiefs of Divisions, identified as
such in the Personal Services Itemization.
The transportation allowance herein authorized shall not be granted to
officials who are assigned a government vehicle or use government motor
transportation, except as may be approved by the President. Unless
otherwise provided by law, no amount appropriated in this Act shall be
used to pay for representation and/or transportation allowances,
whether commutable or reimbursable, which exceeds the rates authorized
under this Section . Previous administrative authorizations not
consistent with the rates and conditions herein specified shall no
longer be valid and payment shall not be allowed.
Allowances of those officials who are receiving salaries from special
accounts or special funds shall be charged against the corresponding
fund from which their salaries are charged. Officials on detail with
other offices, including officials of the Commission on Audit assigned
to serve other offices or agencies, shall be paid the allowance herein
authorized from the appropriations of their parent
agencies.
Sec. 35. Official Vehicles and Transport. —
Government motor transportation may be used by the following official,
and those who may be specifically authorized by the President with
costs chargeable to the appropriations authorized for their respective
offices:
a. The President of the Philippines;
b. The Prime Minister;
c. The Speaker of the Batasang Pambansa;
d. The Chief Justice of the Supreme Court;
e. The Deputy Prime Minister;
f. The Ministers, Deputy Ministers and officials of
equivalent rank;
g. The Ministers of State;
h. The Presiding Justice of the Intermediate
Appellate Court,
i. Ambassadors, Ministers, Plenipotentiary and
Consuls in charge of Consulates, in their respective stations abroad;
j. The Chief of Staff, the Vice Chief of Staff, and
the Commanding Generals of the major services of the Armed Forces of
the Philippines; and
k. The Heads of Constitutional Offices.
Sec. 36. Uniform/Clothing Allowance. — The
appropriations herein provided for each Ministry, bureau or office may
be used for uniform and/or clothing allowance at not more than P250
each per annum of female employees and employees occupying positions
which require the wearing of specialized uniform such as security
guards, prison guards, customs police/guards, quarantine officers,
letter carriers, hospital attendants, road maintenance men, street
weepers, and other employees as may be determined by the Office of
Budget and Management. Savings in the appropriations for each Ministry,
bureau or office may be used for this purpose where no amount is
specifically appropriated in this Act.
Sec. 37. Hazardous Duty Pay. — Upon recommendation
of the Ministry Head and approval of the Office of Budget and
Management, hazard pay may be allowed to officials, and employees who
are actually assigned in hardship or difficult areas, strife-torn or
embattled areas, distressed or isolated stations, prison camps, mental
hospitals, radiation exposed clinics or laboratories, or
disease-infected areas which expose them to great danger, contagion,
radiation, volcanic activity/eruption, occupational risks or perils to
life, chargeable to savings in the appropriations of the
Ministry/Agency concerned, which shall not be less than P50 nor more
than P150 each per month, except in cases where the rates are
specifically provided for under special laws, charters or enabling
acts, in which cases such rates shall govern: Provided, That hazard pay
by reason of strife-torn or embattled areas shall be subject to the
certification issued by the Minister of National Defense and the rates
thereof shall be determined by the Office of Budget and Management on
the basis of the area classification certified by the Minister of
National Defense. The Office of Budget and Management and the Minister
of National Defense shall review from time to time authorization for
the payment of hazardous duty pay in strife-torn and embattled areas
earlier issued and shall terminate such authorizations in areas if
conditions no longer justify the continuation of hazardous duty
pay.
Sec. 38. Honoraria. — Ministries, bureaus,
offices or agencies are authorized to use their respective
appropriations for payment of honoraria as compensation for services
rendered by researchers, experts and specialists who are acknowledged
authorities in their field of specialization, at such rates as the
Office of Budget and Management may authorize, unless otherwise
specifically provided by law.
Sec. 39. Incentives or Service Fees. — Incentive
or service fees paid by the Government Service Insurance System or by
private companies which are intended for employees servicing them shall
be deposited with the National Treasury and shall accrue to the General
Fund, pursuant to Sec. 50 of P.D. No. 1177. Such fees may be made
available for payment of incentive or service fees of the employees of
the agency in accordance with rates approved by the Minister concerned,
subject to Sec. 40 of P.D. No. 1177: Provided, That the share of any
employee may not, in the aggregate, exceed fifty per centum of his
annual salary.
Sec. 40. Special Counsel Allowance. —
Lawyer-personnel in the legal staffs of Ministries, bureaus, offices or
agencies of the National Government appearing in Court as special
counsel in collaboration with the Solicitor-General and/or Fiscals
concerned are hereby authorized an allowance of P100 for each
appearance, chargeable to savings in the appropriations allotted for
personal services of their respective offices, but not exceeding P400 a
month.
Sec. 41. Conditions for Entitlement to Quarters
Allowance. — Except as may be authorized by law, government officials
and employees who, by virtue of their positions, are furnished free
quarters or are charged only a nominal rate in government-owned
buildings, such as dormitories or living quarters in hospitals, state
colleges, universities and schools, foreign posts and elsewhere, shall
forfeit entitlement to any quarters allowance. Where portions of rented
private buildings are authorized to be utilized for officials'
quarters, the excess of rental cost over the quarters allowance of the
official shall be borne by him. Those who enjoy free quarters in
government-owned or rented buildings but who are not entitled to
quarters privileges shall be charged the corresponding cost of rentals
therefor. Unless fixed by law or regulations, the rate of quarters
allowance or rental, as the case may be shall be determined by the
Office of Budget and Management.
Sec. 42. Compensation of Contractual Personnel. —
Heads of Ministries, bureaus, offices or agencies, when authorized in
their respective appropriations as provided under this Act, may hire
consultants, experts and other contractual personnel to perform
specific vital activities or services which cannot be provided by the
regular staff of the agency, limited to such period when their services
are reasonably required and to activities that shall have a definite
expected output. Such contractual personnel may be paid compensation
inclusive of fees, honoraria, per diems and allowances not exceeding
120% of the minimum salary of an equivalent position in the National
Classification and Compensation Plan, except as may be authorized by
the Office of Budget and Management in the following instances: (a)
when the consultant or expert is an acknowledged authority in his field
of specialization; and (b) where the consultant or expert is hired to
perform a specific activity or service that requires technical skill
and expertise which local force cannot provide, or if such expertise is
available, the supply is limited: Provided, That in no case shall such
compensation exceed the salary of his immediate superior, except as may
be otherwise approved jointly by the Civil Service Commission and the
Office of Budget and Management: Provided, Further, That no amount
appropriated in this Act shall be used for payment of retirement
gratuity under Sec. 12(c) of C.A. No. 186, as inserted by R.A. No.
1616, as amended, nor for leave benefits pertaining to services
rendered under contractual employment, nor use the compensation
received for the same period as basis for computation of leave
benefits, except where specifically provided by law.
For purposes of this Section , appointments to positions funded from
lump-sum appropriations for personal services for the payment of
consultants, technical, professional and expert services, confidential
assistants or other similar positions, or from capital outlays,
feasibility studies fund, subsidies, donations, special projects fund,
either funded by the General Fund and/or supported by domestic or
foreign loans, and other similar funds which may be used for personal
services, are considered contractual in nature. Appointments which are
funded from special lump-sum appropriations, subsidies and
contributions from other agencies, shall likewise be considered as
contractual in nature, and subject to the above restrictions and
limitations, except as may be determined by the Office of Budget and
Management.
Sec. 43. Restriction on the Use of Appropriations
for Retirement Gratuity and Terminal Leave. — Unless otherwise
authorized by law, no amount appropriated in this Act shall be used for
payment of retirement gratuity under the provisions of Sec. 12(c) of
C.A. No. 186, as inserted by R.A. No. 1616, as amended, and terminal
leave benefits of retiring officials and employees which include in the
computation thereof additional compensation received for: (a) overtime
services rendered beyond regular office or school hours; (b) per diems
for attendance in board or committee meetings or conferences or for
travel outside official stations; (c) mid-year, Christmas, thirteenth
month and other bonuses; (d) allowances for cost of living,
subsistence, quarters, housing, laundry, clothing/ uniform, family,
education, hazardous occupation, overseas duty, post/station,
medical/dental/hospitalization, reimbursable representation,
transportation, extraordinary and miscellaneous, amelioration,
inflation, incentive and such other similar allowances; (e) fees on per
capita basis as members/examiners of professional regulation and other
examination boards; (f) honoraria as resource speaker or lecturer in
conferences or seminars or as instructions in classrooms for excess
teaching loads granted over basic pay rendered at night or on
Saturdays, holidays and summer vacation; (g) fees for consultancy or
similar services rendered to committees, boards, offices or agencies;
and (h) services fees for extra services and other similar compensation
paid for rendition of additional services.
Sec. 44. Unauthorized Pre-Retirement Promotions
and Salary Increases. — No portion of the appropriations provided in
this Act shall be used for automatic promotions or for salary increases
and adjustments granted to retiring officials and employees, which are
not authorized by law and duly formalized in the form of a National
Compensation Circular.
Sec. 45. Personal Liability of Officials for
Payment of Unauthorized Personal Services Cost. — No official or
employee of any Ministry, bureau, office, agency, commission, board,
state university or college, of the National-Government, including
those of government-owned or controlled corporations shall be granted
and/or paid any unauthorized compensation, either basic, additional or
supplementary, or fringe benefits and allowances of any kind, including
payment of retirement benefits and terminal leaves computed in
violation of the General Provisions in this Act or other existing laws,
which are chargeable against the appropriations authorized in this Act
or under other appropriation laws or from other income of the
Government.
The payment of any unauthorized compensation, allowance, fringe
benefits or personal services costs made in violation of this Section or of the General Provisions in this Act is null and void and is the
personal liability of the head of the office or agency who authorized
such payment, the Resident Auditor, other officials and employees who
participated or took part therein, and the person who received such
payments, who shall be jointly and severally liable for the refund of
the full amount so paid and received, in addition to any disciplinary
action that may be instituted against such erring officials under
provisions of Section s 49 and 87 of P.D. No. 1177 and to any criminal
action under the Revised Penal Code and other penal laws.
LOCAL GOVERNMENT UNITS
Sec. 46. Sharing of National Revenues. — The
computation of appropriations herein authorized for local government
revenue sharing established under P.D. Nos. 144 and 436 (as amended)
shall be based on revenues excluding income recorded but charged to the
General Fund Adjustments and Customs Duties Fund provided in this Act
assessed on otherwise tax-exempt government agencies and corporations.
Compliance with the sharing formula as provided by law shall be
determined taking into account all funds allocated and released for
local government units, except for the budgetary aid fund herein
appropriated pursuant to Item No. 7 of P.D. No. 144.
ADMINISTRATIVE PROCEDURES
Sec. 47. Conditions for Release of Funds for
Training Programs. — Ministries, bureaus, offices or agencies shall
formulate and review their training programs in light of the need to
train personnel in skills and attitudes. Such training programs shall
be submitted to the Training Coordination Committee created under LOI
No. 754, which shall review and evaluate the training activities. No
appropriation for training shall be released without such review and
evaluation.
Sec. 48. Direct Release of Funds to Regional
Offices. — Funds allotted for regional offices but included in the
budgets of their central offices or which are specifically allocated
for the different regions shall be released directly to said regional
offices when dictated by the need and urgency of regional activities,
pursuant to Sec. 38(e) of P.D. No. 1177. Imposition of any retention or
deduction as reserves shall not be allowed except as may be authorized
by the Office of Budget and Management. For this purpose, the Office of
Budget and Management shall identify by region the expenditure programs
of agencies in the national government budget and shall release funds
intended for them in accordance with the approved regional distribution
of expenditures, specifying the region of destination.
Sec. 49. Prohibition Against Deduction/Retention
of Allotment. — Fund releases from appropriations provided in this Act
for any project or activity shall be transmitted intact or in full to
the office or agency concerned and no retention or deductions as
reserves or overhead shall be made, except as authorized by law or upon
direction of the President. The Commission on Audit shall ensure
compliance with this provision to the extent that sub-allotments by
Ministries and/or Central Agencies to their subordinate offices are in
conformity with allocations in budgetary Advice of Allotments issued by
the Office of Budget and Management.
Sec. 50. Release of Appropriations to Local
Government Units. — Funds appropriated herein for local government
units shall be released only after the approval of their respective
budgets pursuant to the provisions of P.D. No. 1375, except as may be
authorized jointly by the Ministry of Local Government and the Office
of Budget and Management.
Sec. 51. Administration of the Releases of Funds
Allotted for Operating Expenses and Equity Investments in Government
Corporations. — Funds herein appropriated for operating expenses
contributions and equity investments in government-owned or controlled
corporations and other public corporate bodies which are included as
separate programs under the Ministry to which the government
corporation is attached, including those attached to the Office of the
President, shall be under the administration of the Office of Budget
and Management. Said funds shall be directly released to the recipient
corporation through the Bureau of the Treasury on the basis of a Work
and Financial Plan prepared and submitted by the Corporation concerned,
subject to Sec. 40 of P.D. No. 1177 and Letter of Implementation No.
29.
Sec. 52. Corporate Equity Investments. — The
appropriations herein authorized for equity investments may be used by
the National Treasurer for the payment of loans relent to corporations,
including the obligations incurred by the said corporations for the
reimbursement of advances made by the National Treasury on obligations
guaranteed by the Government of the Republic of the Philippines,
subject to the approval of the President upon recommendation of the
Office of Budget and Management.
Sec. 53. Submission of Financial Statements. —
All government-owned or controlled corporations shall submit to the
Office of Budget and Management and to the members of the Batasan their
respective financial statements, including plans, programs, targets and
other reports as may be required from time to time. The annual reports
shall be done and submitted as herein provided on or before March 31,
of the succeeding year.
Sec. 54. Unauthorized Organizational Units. —
Unless otherwise created by law or directed by the President, no
organizational unit in any Ministry, bureau, office or agency shall be
authorized in their respective organizational structures and be funded
from appropriations provided by this Act, without authority from the
Presidential Commission on Reorganization and the Office of Budget and
Management. Organizational units created by the administrative
authorizations shall be considered as ad hoc arrangements that shall be
staffed by contractual personnel or staff members on detail.
Sec. 55. Implementation of Capital Outlays for
Construction Projects. — Construction projects funded from capital
outlays authorized in this Act under the various ministries, bureaus,
offices or agencies of the National Government, including the
construction of buildings for state universities, colleges, schools,
hospitals, sanitaria, health centers and health stations, roads and
bridges, shall be implemented only in accordance with the appropriate
standards and specifications for the planning, survey, design and
construction of the projects as prescribed by the Ministry of Public
Works and Highways of the Ministry of Transportation and
Communications, through either of said Ministries as the case may be.
In addition, land use and zoning guidelines shall be prescribed by the
Ministry of Human Settlements. In the prosecution of the construction
projects, Section s 2, 3, 4, 5, 6, 7, 9 and 10 of Batas Pambansa Blg. 50
entitled "An Act Appropriating Funds for Public Works and Highways
Projects and for For Other Purposes", and other legislations on public
works shall be strictly complied with whenever applicable.
CONCLUDING PROVISIONS
Sec. 56. Separability Clause. — If for any reason
any section or provision of this Act is declared unconstitutional or
invalid, other sections or provisions hereof which are not affected
thereby shall continue to be in full force and effect.
Sec. 57. Effectivity. — The provisions of this
Act shall take effect on January one, nineteen hundred and eighty-three
unless otherwise provided herein.
Approved: September 11, 1982.
(C.B. No. 50)
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