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Fraud Audit in the Philippines

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Presentation on theme: "Fraud Audit in the Philippines"— Presentation transcript:

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

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

7 Structure of COA Assistant Commissioners 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 Contempt powers Investigatory and inquisitorial
Compulsory processes Contempt powers Violation of any final and executory decision, order or ruling

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

23 Sec. 20, PD 1445 (Audit Code) – each agency shall have auditing unit
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 Performs financial, compliance, value for money audit Employs RBAA
Regular Audit Performs financial, compliance, value for money audit Employs RBAA ATAP for small entities To FAIO when red flags appear

25 BY FAIO CPAs, lawyers, engineers
Forensic Audit BY FAIO CPAs, lawyers, engineers Complaints from all sources or motu proprio Nationwide coverage

26 Involves high ranking personnel With great impact on public
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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