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2 qdoestherequisiteofpublicusemeanuseby

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Unformatted text preview: Keep general accounts of government and preserve vouchers and supporting papers 3. Authority to define the scope of its audit and examination, establish techniques and methods required therefore 4. Promulgate accounting and auditing rules and regulations, including those for prevention and disallowance. (Sec. 2, Art. IX‐ D) Q: Can the COA be divested of its power to examine and audit government agencies? A: No law shall be passed exempting any entity of the Government or its subsidiary in any guise whatsoever, or any investment of public funds, from the jurisdiction of the Commission on Audit. The mere fact that private auditors may audit government agencies does not divest the COA of its power to examine and audit the same government agencies. (DBP v. COA, G.R. No. 88435, Jan. 16, 2002) Q: The PNB was then one of the leading government‐owned banks and it was under the audit jurisdiction of the COA. A few years ago, it was privatized. What is the effect, if any, of the privatization of PNB on the audit jurisdiction of the COA? A: Since the PNB is no longer owned by the Government, the COA no longer has jurisdiction to audit it as an institution. Under Sec. 2(2), Art. IX‐D of the Constitution, it is a GOCC and their subsidiaries which are subject to audit by the COA. However, in accordance with Sec. 2(1), Art. IX‐D, the COA can audit the PNB with respect to its accounts because the Government still has POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. CONSTITUTIONAL COMMISSIONS equity in it. (PAL vs. COA, G.R. No. 91890, June 9, 1995) 3. JUDICIAL REVIEW Q: How are decisions of the commissions reviewed by th...
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