THE POLICY VS FUND TRANSFERS IS AN IMPLEMENTATION, NOT A NEGATION, OF THE FUND TRANSFER ORDINANCE.... I clarify that my policy in not transferring funds of the PLGU relates to appropriations in the PLGU Annual or Supplemental Budgets or any other appropriation ordinance of Aids/assistance to LGUs, NGAs, NGOs and/or POs, where the implementation thereof will not be consistent with the provisions of existing laws or rules. In pursuing the foregoing policy, there is absolutely no need at all to consider the Fund Transfer Ordinance (PO # 2009-16/17) illegal, unlawful or unconstitutional. The Fund Transfer Ordinance enjoys the presumption of regularity fully. In fact, the pursuit and application of the foregoing policy is in implementation, not in derogation or negation, of the Fund Transfer Ordinance. Under Section 2 of PO # 2009-16, it is provided that it shall be the declared policy of the Provincial Government of Ifugao to transfer funds appropriated as aid or assistance under any approved appropriation ordinance, without delay and without cost, to the identified Local Government Unit (LGU) or Non-Government Organization (NGO) or Peopless Organization (POs) and other entities for proper, efficient and prompt implementation consistent with existing laws and rules. Stated in the negative, it shall be the declared policy of the Provincial Government of Ifugao NOT to transfer funds appropriated as aid or assistance under any approved appropriation ordinance, without delay and without cost, to the identified Local Government Unit (LGU) or Non-Government Organization (NGO) or Peopless Organization (POs) and other entities for proper, efficient and prompt implementation IF NOT consistent with existing laws and rules. 1. In the implementation of all appropriations that entail the procurement of goods and services, including appropriations denominated as aid or assistance, the provisions of the Procurement Law, RA 9184 and COA Circular No. 2007-001 must apply and be complied with. 2. However, when the implementation of an appropriation denominated as aid or assistance in any approved appropriation ordinance is done by the identified LGU/NGO/PO because the fund was transferred to it, the provisions of the Procurement Law and COA Circular 2007-01 will not be complied with. In the case of a Barangay, it does not have any Bids and Awards Committee, simply because under RA 9184, members of the BAC must be holders of plantilla positions. There are no plantilla employees in the Barangay. Necessarily, therefore, when the fund is transferred to the Barangay, the latter will procure not in accordance with the Procurement Law. In the case of aids or assistance to NGOs and POs, where NGOs/POs were predetermined and named in the aid or assistance appropriation, their implementation would violate COA Circular No. 2007-001, under which the NGOs or POs are to be selected by a BAC or a committee set up for the purpose to pursue a project proposed by a Government Office (GO). 3. Clearly, if I implement the foregoing policy of not allowing the fund transfer to the Barangay/NGO/PO, it is in reality an implementation of the declared policy in the Fund Transfer Ordinance, i.e., to transfer funds for implementation CONSISTENT WITH EXISTING LAWS OR RULES. 4. My policy not to fund transfer any appropriation that is not consistent with existing laws or rules is a strict implementation of the Fund Transfer Ordinance. It upholds, not negate, the Fund Transfer Ordinance.
Posted on: Sat, 19 Oct 2013 08:01:44 +0000
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