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

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Presentation on theme: "1 Fraud Audit in the Philippines Director Alexander B. Juliano Fraud Audit and Investigation Office Philippine Supreme Audit Institution Philippine Supreme."— Presentation transcript:

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

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

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

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

5 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 6 Section 2, Article IX-D, 1987 Constitution Promulgate rules and regulations Prevent/disallow IIUUEE uses of public funds and properties

7 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 8 Structure of COA Central Office Audit sector for local, national, corporate sectors Headed by Director Specialized audit sectors FAIO SAO

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

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

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

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

13 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 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 15 Specific Powers of COA Quasi-legislative R/R for prevention and disallowance of IIUUEE Accounting and auditing R/R

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

17 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 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 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 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 21 Specific Powers of COA Investigatory and inquisitorial Compulsory processes Contempt powers Violation of any final and executory decision, order or ruling

22 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 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 24 Regular Audit Performs financial, compliance, value for money audit Employs RBAA ATAP for small entities To FAIO when red flags appear

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

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

27 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 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 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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