Meta PixelAnnual Audit Report 2024 — Province of Negros Oriental — Page 127

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 Ref.                                                                                                                                      Status of
                   Audit Observations                                       Audit Recommendations
                                                                                                                                        Implementation

          presentation    of     the    financial
          statements.

 2022     Advance payments for mobilization 49. The Provincial Government (a) demand the immediate refund of the                    Unimplemented:         The
 AAR,     amounting to ₱29,456,623.60 for six           unrecouped advances and forfeit the corresponding irrevocable standby       Provincial Legal Officer
AO No.    Payapa at Masaganang Pamayanan                letters of credit or guarantee/surety bonds posted by the contractor; (b)   had issued a demand letter
7, page   (PAMANA)          projects     remained       initiate legal action in case of refusal to refund the unrecouped           on April 14, 2023.
   54     unrecouped despite the official               advances if warranted; and (c) henceforth strictly comply with the          However, the contractor
          termination of the contract in CY             provisions of existing issuances regarding the recoupment of advance        still failed to return the
          2020, contrary to paragraph 4.3,              payments made to contractors.                                               unrecouped advances.
          Annex E, of the Revised Implementing
          Rules and Regulations (IRR) of                                                                                            The        matter    was
          Republic Act (RA) No. 9184 and                                                                                            subsequently referred to
          Sections 46.1 and 46.3 of the General                                                                                     the     Provincial  Legal
          Conditions of Contract (GCC), which                                                                                       Officer for appropriate
          could result in the loss of a substantial                                                                                 action.
          amount of funds.
 2022     Unexpended            balances         of 50. The Provincial Budget Officer and the Provincial Accountant review          Implemented
 AAR,     appropriations under the Continuing           and monitor the balances of the continuing appropriations under the
AO No.    Appropriations (CA) and Continuing            20% DF, which shall be the basis for the Local Finance Committee to
9, page   Legislative Appropriations (ConLA)            recommend to the Local Chief Executive the reversion of those
   61     of the 20 per cent Development Fund,          pertaining to completed projects and those no longer needed pursuant
          amounting to ₱79,208,276.27 and               to Section 322 of RA No. 7160, so that the funds may be appropriated
          ₱19,457,113.70, respectively, for             in accordance with Section 321 of the LGC and utilized for other
          various PPAs of the Provincial                priority development projects.
          Government, remained dormant for
          ten years, contrary to Section 5.0 of the
          DILG and DBM JMC No. 2017-1
          dated February 22, 2017, and Section

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