ARTICLE I. Initial Receipt and Disposition,
SEC. 4. Definition of "Fund."—A fund is a sum of
money or other resources set aside for the purpose of carrying out
specific activities or attaining certain objectives in accordance with
special regulations, restrictions, or limitations and constituting an
independent fiscal and accounting entity.
Accounting for Monies Received by Public Officers.
SEC. 5. Accounting for Monies Received by Public
Officers.—Except as otherwise specifically provided, all monies
received by a public officer shall be accounted for as Government Funds.
Payment of Government Monies into the Treasury.
SEC. 6. Payment of Government Monies into the Treasury.—Officers
of the government authorized to receive and collect monies arising from
taxes, revenues, or receipts of any land shall remit the full amounts
as received and collected by them into the treasury of the branch of the
Government to which such officers in their collecting capacity
respectively pertain, to the credit of the particular account or
accounts to which the monies in question initially belong. The amount of
such collections ultimately payable to other branches of the
Government, shall thereafter be transferred to the respective treasuries
of those branches, under regulations which the Commission on Audit
shall prescribe.
The Local Funds.
SEC. 7. The Local Funds.—Provincial, city and
municipal governments shall maintain only two local funds, namely, the general
fund and the infrastructure fund and they shall be used
to account for such monies and resources as may be received in and
disbursed from the local treasury.
The General Fund, shall consist of monies and
resources not otherwise accruing to any other fund and shall be
available for the payment of expenditures, obligations or purposes not
specially declared by law as chargeable to, or payable from, any other
fund, through transfers of monies or resources therefrom to other funds
of the local government for their augmentation and use may be made by
proper appropriation.
The Infrastructure Fund, shall consist of monies
and resources raised or earmarked by law, including those which under
existing laws accrue to the road and bridge fund, allotments under
Republic Act No. 917, as amended, and transfers from the General
Fund, which shall be available exclusively for the following
purposes:
The repair, maintenance, improvement, and construction
of roads, bridges, and highways. However, in applying this fund to
such uses, adequate provision shall be made for the maintenance of
existing unabandoned roads and bridges before any new construction is
undertaken.
The providing and maintaining of wharves, piers, and
docks, in accordance with plans and specifications furnished by
the proper national office, and for removing obstructions to navigation.
Subsidizing or for acquiring, operating, and maintaining
means of water transportation within the province or city or between the
province or city and neighboring provinces and city or islands or to
dredge rivers and provide facilities for communication and
transportation by river, as well as for establishing and operating
telephone systems.
The construction, improvement, maintenance and
repair of wharves, piers and docks; plazas, parks, monuments and
playgrounds; street lighting; artesian wells; irrigation system;
flood control systems; sewerage and drainage systems; and other
permanent public improvements.
The acquisition of lands and buildings for public use.
Construction of roads and bridges shall include preliminary
investigation and surveys besides actual construction.
Subject to
the approval of the Secretary of Finance, the local board or council
may, upon proper justification, transfer any unappropriated balance of
this fund to cover exceptionally urgent needs of the province, city, or
municipality.
Special Education Fund.
SEC. 8. Special Education Fund.—There
shall be maintained in the local treasuries a separate fund to be known
as the Special Education Fund which shall consist of the respective
shares of provinces, cities and municipalities in the proceeds of the
additional one per cent real property tax levied and appropriated for
educational purposes under Republic Act No. 5447, as amended by Sections
41 and 87 (b) of Presidential Decree No. 464, otherwise known as the
Real Property Tax Code.
Trust Funds.
SEC. 9. Trust Funds.—Trust funds are private and
public monies which have officially come into the possession of the
Government or of a government officer as trustee, agent, or
administrator, or which have been received as a guaranty for the
fulfillment of some obligation. A trust fund is available only for the
specific purpose for which it was created or for which it came into the
possession of the Government.
Separation of Books and Depository Accounts.
SEC. 10. Separation of Books and Depository Accounts.—
Local treasurers shall maintain separate books and depository accounts
for each fund in their custody or administration under such rules and
regulations as the Commission on Audit may prescribe.
Depository Accounts.
SEC. 11. Depository Accounts.—Local treasurers
shall maintain their depository accounts with Banks duly designated as
government depositories by the Central Bank of the Philippines.
Municipal treasurers shall deposit their funds with the
provincial treasurer who, in turn, shall deposit the same with the duly
designated banks. Provincial, city and municipal treasurers may directly
deposit with duly designated banks excess local funds under time
deposit accounts, upon resolution of the local legislative body and upon
approval by the provincial treasurer and the provincial auditor, in the
case of municipal funds.
Earnings of such deposits shall accrue
to the proper funds.
Separation of Personal Money from Public Funds.
SEC. 12. Separation of Personal
Money from Public Funds.—Local treasurers and other accountable
officers shall keep personal monies separate and distinct from
government funds in their custody and shall not make profit out of
public money or otherwise apply the same to any use not authorized by
law.
ARTICLE II. Special Accounts
Special Accounts to he Maintained in the General Fund.
SEC. 13. Special Accounts to he Maintained in the
General Fund.—There shall be maintained in the general fund of the
local government concerned special accounts for the following:
Public utilities and other economic enterprises.
Barrio Development Fund.—There is hereby created a barrio
development fund to be constituted from the annual contribution from
each province, city, or municipality in amounts not exceeding five
hundred pesos per barrio. This fund shall be spent solely for
community development projects which meet the requirements set
forth by the Secretary of Local Government and Community Development.
The provincial or city treasurer, who shall be the custodian of this
fund, shall maintain in his books a special account therefor. The
provincial treasurer shall make releases from this fund thru the
municipal treasurer concerned who shall be responsible for the proper
disbursement and accounting of the same.
Loans, interests, bond issues and other contributions for
specific purposes.
Receipts and expenditures involving the above-mentioned special
accounts shall be properly taken up thereunder.
Not profits
derived from the operation of public utilities and other economic
enterprises, when not needed for the return of the advances made
therefor, shall be spent solely for the improvement of the public
utility or the economic enterprises concerned.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).