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Fraud Audit in the Philippines

Fraud Audit in the Philippines. Director Alexander B. Juliano Fraud Audit and Investigation Office Philippine Supreme Audit Institution. Historical Background of COA. Spanish Rule Royal Audencia Tribunal de Cuentas American Regime General Auditing Office Headed by Auditor General.

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Fraud Audit in the Philippines

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  1. Fraud Audit in the Philippines Director Alexander B. Juliano Fraud Audit and Investigation Office Philippine Supreme Audit Institution

  2. Historical Background of COA • Spanish Rule • Royal Audencia • Tribunal de Cuentas • American Regime • General Auditing Office • Headed by Auditor General

  3. Historical Background of COA • 1973 Constitution • Commission on Audit • Collegial leadership • 1987 Constitution • With expanded powers

  4. Constitutional & Statutory Bases • Section 2, Article IX-D, 1987 Constitution • P.D. 1445 • E.O. 292 • GAA

  5. Section 2, Article IX-D, 1987 Constitution • Examine, audit, settle all accounts • Keep general accounts • Set up accounting system • Preserve vouchers & supporting papers

  6. Section 2, Article IX-D, 1987 Constitution • Promulgate rules and regulations • Prevent/disallow IIUUEE uses of public funds and properties

  7. Structure of COA Commission Proper • Chairman and two Commissioners • 7-year staggered term • One member retires every 2 years Assistant Commissioners • Policy making group with oversight function over audit sector

  8. Structure of COA • Central Office • Audit sector for local, national, corporate sectors • Headed by Director • Specialized audit sectors • FAIO • SAO

  9. Structure of COA • Special Audit Office • Management services • Systems audit • Government-wide and sectoral performance audit

  10. Structure of COA • Fraud Audit and Investigation Audit Office • Created in Dec. 2008 • Forensic audit nationwide in scope • Internal affairs investigation

  11. Structure of COA • Regional Offices • 15 ROs • Headed by Regional Directors • Replicates sectors in CO except SAO and FAIO

  12. Specific Powers of COA • Rule making • Exclusive authority to promulgate accounting and auditing rules and regulations

  13. Specific Powers of COA • Examining • Books, papers, docs in custody of govt • Purpose is to ascertain what should be collected is actually collected

  14. Specific Powers of COA • Visitorial • NGO subsidized by govt • Entities required to pay levies or govt share • Those partly funded by donations thru govt • NGO whose loans are guaranteed by govt

  15. Specific Powers of COA • Quasi-legislative • R/R for prevention and disallowance of IIUUEE • Accounting and auditing R/R

  16. Specific Powers of COA • Quasi-judicial • Render decision on original and appealed cases

  17. Specific Powers of COA • Settle claims between government agencies • Order submission of papers re: govt obligations • Includes title to property purchased by govt

  18. Specific Powers of COA • Compromise or release claim or settled liability to any govt agency not > P10,000 • Presidential approval – not > P100,000 • Congressional – over P10,000

  19. Specific Powers of COA • Retention • Withhold payment to any person indebted to govt • Direct his estate to be applied to debt (applies to govt personnel; no power over private persons)

  20. Specific Powers of COA • Examine public utilities • Fixing of rates or every nature • Determining franchise taxes • Examine under oath official or employee of public utility

  21. Specific Powers of COA • Investigatory and inquisitorial • Compulsory processes • Contempt powers • Violation of any final and executory decision, order or ruling

  22. Major Types of Audit • Regular • By resident auditor and staff (under audit sector) • Special Audit • By SAO auditors • Forensic Audit • By forensic auditors (under FAIO)

  23. Regular Audit • Sec. 20, PD 1445 (Audit Code) – each agency shall have auditing unit • Year-round audit • Head is CPA, lawyer or accounting graduate

  24. Regular Audit • Performs financial, compliance, value for money audit • Employs RBAA • ATAP for small entities • To FAIO when red flags appear

  25. Forensic Audit • BY FAIO CPAs, lawyers, engineers • Complaints from all sources or motuproprio • Nationwide coverage

  26. Forensic Audit Criteria Amount significant Involves high ranking personnel With great impact on public

  27. Relationship with Oversight Bodies • Regular audit annual report for local, corporate and NGA to OP and Congress • Aid to budget preparation and deliberation • Aid to remedial legislation

  28. Relationship with Oversight Bodies Fraud audit report to: • Auditee as a matter of right • OMB for criminal, civil, admin • CSC/management for disciplinary action if without criminal aspect • AMLC and BIR per their mandate

  29. COA Decisions and Reports Decisions appealable directly to Supreme Court for judicial review Forensic reports with criminal aspect filed before Sandiganbayan Conviction appealable to Supreme Court

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