Budget Authorization and Review-Barangays-Feb2024 - Compatibility Mode
Budget Authorization and Review-Barangays-Feb2024 - Compatibility Mode
BUDGET
AUTHORIZATION
1. Punong Barangay
2. Sangguniang Barangay
3. Committee on Appropriations/Finance
4. Barangay Treasurer
5. Barangay Secretary
STEPS IN BUDGET AUTHORIZATION
ON OR BEFORE
1. ENACT THE AO BEGINNING OF
ENSUING YEAR
4. SUBMIT THE AO
FOR REVIEW WITHIN 10 DAYS AFTER
APPROVAL OF AO
WHEN SHALL THE PB SUBMIT THE
EXECUTIVE BUDGET TO THE SB?
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SC DECISION ON THE ISSUE:
Fourth, petitioners relied solely on Section 318 of the LGC, which allegedly
exposed the mayor to criminal liability for delay in submitting a budget
proposal. The pertinent provision reads:
“Sec. 318. Preparation of the Budget by the Local Chief Executive. — Upon
receipt of the statements of income and expenditures from the treasurer, the budget
proposals of the heads of departments and offices, and the estimates of income and
budgetary ceilings from the local finance committee, the local chief executive shall
prepare the executive budget for the ensuing fiscal year in accordance with the
provisions of this Title.
The local chief executive shall submit the said executive budget to the
sanggunian concerned not later than the sixteenth (16th) of October of the current
fiscal year. Failure to submit such budget on the date prescribed herein shall subject
the local chief executive to such criminal and administrative penalties as provided for
under this Code and other applicable laws.”
Under the above LGC provision, criminal liability for delay in submitting the
budget is qualified by various circumstances. For instance, the mayor must first
receive the necessary financial documents from other city officials in order to
be able to prepare the budget. In addition, criminal liability must conform to
the provisions of the LGC and other applicable laws. Noteworthy is the fact that
petitioners failed to present evidence that would fulfill these qualifications
stated in the law.
WHAT SHOULD BE PASSED BY THE
SB TO AUTHORIZE THE EXECUTIVE
BUDGET, AND WHEN?
1b
ANNUAL BUDGET
Document Signatory
1. Budget Message PB
2. Proposed Annual Budget PB
3. Plantilla of Personnel BT and PB
4. Statement of Indebtedness, if any PB and BT
5. Sanggunian-approved Annual Investment • BS, BT and
Program (AIP) PB
• BDC
• SB
6. List of Projects under the 20% DF (if not listed in BS and PB
the Annual Budget)
7. Annual Procurement Plan (APP) BS and PB
1b
SUPPLEMENTAL BUDGET
Document Signatory
Transmittal Letter PB
Statement of Funding Sources BT, C/M
Accountant
and PB
Statement of Supplemental BT and PB
Appropriations
Sanggunian-Approved Supplemental • BS, BT
AIP and PB
• BDC
• SB
STEP 1.2 EVALUATE THE BUDGET
Check/validate:
• Receipts Program
Budget year’s total estimated income
and assess probability of collection
(Sec 391[a][2], LGC)
If the taxes and fees identified as
sources of estimated income are within
scope of authority and properly
computed (Secs 152-155, 271, 285,
292, LGC)
exp
• Expenditure Program
app
• Expenditure Program
app
• Expenditure Program
Honoraria of barangay officials within authorized
rates of the equivalent salary grade
10% of GF of the Barangay - SK Fund [lump-
sum*] (Sec 20 [a], RA No. 10742 [Sangguniang
Kabataan Reform Act of 2015], as amended by RA
No. 11768)
*The Sangguniang Barangay shall appropriate the Sangguniang Kabataan funds in lump-
sum which shall be disbursed solely for youth development and empowerment purposes
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• UNDER REENACTED BUDGET, CONTRACTUAL OBLIGATIONS NOT IN THE
PREVIOUS YEAR’S ANNUAL AND SUPPLEMENTAL BUDGETS CANNOT BE
DISBURSED; NEW INFRASTRUCTURE CONTRACTS ARE NOT INCLUDED AS
REENACTED ITEMS, THUS, REQUIRE PRIOR APPROVAL OF THE SANGGUNIAN.
There appear two basic premises from which the Court can proceed to
discuss the question of whether prior approval by the Sangguniang
Panlalawigan was required before Gov. Garcia could have validly entered into
the questioned contracts. First, the Province of Cebu was operating under a
reenacted budget in 2004. Second, Gov. Garcia entered into contracts on
behalf of the province while this reenacted budget was in force.
The fact that the Province of Cebu operated under a reenacted budget in
2004 lent a complexion to this case which the trial court did not apprehend.
Sec. 323 of R.A. No. 7160 provides that in case of a reenacted budget, only
the annual appropriations for salaries and wages of existing positions,
statutory and contractual obligations, and essential operating expenses
authorized in the annual and supplemental budgets for the preceding year
shall be deemed reenacted and disbursement of funds shall be in accordance
therewith.
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It should be observed that, as indicated by the word only preceding the
above enumeration in Sec. 323, the items for which disbursements may
be made under a reenacted budget are exclusive. Clearly, contractual
obligations which were not included in the previous year’s annual and
supplemental budgets cannot be disbursed by the local government
unit. It follows, too, that new contracts entered into by the LCE require
the prior approval of the sanggunian.
4th
sub
STEP 1.4 AUTHORIZE THE BUDGET
Contents of the AO
An assigned number, title or caption, enacting
or ordaining clause, and the date of proposed
effectivity (Article 107 [b], IRR)
A provision identifying the documents appended
to the AO that will form an integral part thereof
– Plantilla of Personnel; AIP; List of 20% DF;
APP
Receipts Program
Expenditure Program
General Provisions
basic rules
STEP 1.4 AUTHORIZE THE BUDGET
Sources of Income
Supplemental Items of Appropriation (Use of
Funds)
basic rules
LIMITATIONS ON LEGISLATIVE ACTION
The Local Sanggunian –
oMay not increase the proposed amount in
the executive budget
oMay not include new items except to
provide for statutory and contractual
obligations
but in no case shall it exceed the total
appropriations in the executive budget
(Art 415, IRR)
LIMITATIONS ON LEGISLATIVE ACTION
The Local Sanggunian –
cont
ENACTMENT OF THE AO
WHAT IS MAJORITY?
SC – IS THE NUMBER GREATER/MORE
THAN HALF OF ANY TOTAL
(Zamora v Caballero, G.R. No. 147767, January 14, 2004)
Javier v Cadiao
(G.R. No. 185369, August 03, 2016)
Should the Vice Governor, as the
presiding officer of the Sangguniang
Panlalawigan, be counted in the
determination of what number
constitutes as the majority?
The Vice Governor, as the Presiding
Officer, shall be considered a part of
the SP for purposes of ascertaining if a
quorum exists.
In determining the number which constitutes
as the majority vote, the Vice Governor is
excluded.
For Quorum
7 Regular Members
1 SK Chairperson – ex officio member
1 PB as Presiding Officer
Total = 9; Hence, majority is 5
For Voting
× exclude the Presiding Officer
Total = 8; Hence, majority is 5
Application to the Barangay
Questions:
1. Quorum?
2. Will the PB/PO vote?
3. If PB/PO voted yes, is the vote sufficient to
enact the AO?
Questions:
1. Quorum?
2. With all 5 present voting, is the vote
sufficient to enact the AO?
The enacted AO shall –
Be stamped with seal of
Sanggunian
Recorded in a book kept for the
purpose
Be signed by the Barangay
Secretary
(Sec 469, LGC; Art 122, IRR)
STEP 2. APPROVE THE AO
CONSEQUENCES:
Local Treasurer
1. Excludes from the estimates of income
for the preceding fiscal year those
realized from non-recurring sources
2. Compares the revised income
estimates with aggregate reenacted
appropriations
IMPLEMENTATION OF REENACTED BUDGET
Local Treasurer
3. If income is less than appropriations,
advise the Sanggunian concerned
Sanggunian, within 10 days from receipt of
advice, make necessary adjustments
BUDGET REVIEW
BUDGET REVIEW
3rd phase in the budget process
Undertaken by the Sangguniang
Panlungsod or Sangguniang Bayan to
ensure compliance of the Barangay
Appropriation Ordinance with all the
budgetary requirements and limitations
provided in the LGC
(Sec 333, LGC; Art 424, IRR)
Starts from the time the reviewing
Sanggunian receives the AO
WHEN AND TO WHOM SHOULD THE AO BE
SUBMITTED FOR REVIEW?
Actions:
(1) Declare the AO as Operative
YES!!!