Guidelines for the Depository Accounts of LGUs, BIR, BOC, Attached Agencies of the DOF, and GOCCs

March 18, 1999 REVENUE MEMORANDUM CIRCULAR NO. 34-99 SUBJECT : Guidelines for the Depository Accounts of Local Government Units (LGUs), Bureau of Internal Revenue (BIR), Bureau of Customs (BOC), Attached Agencies of the Department of Finance (DOF), and Government Owned and/or Controlled Corporations (GOCCs) TO : All Internal Revenue Officers, Employees and Others Concerned For the information and guidance of all revenue officials and employees, quoted hereunder is Department Order No. 11-99 dated February 24, 1999 by the Secretary of Finance, Edgardo B. Espiritu: "Guidelines for the Depository Accounts of Local Government Units (LGUs), Bureau of Internal Revenue (BIR), Bureau of Customs (BOC), attached agencies of the Department of Finance (DOF), and Government Owned and/or Controlled Corporations (GOCCs). dctai 1.0 PURPOSE This Order is issued to direct the LGUs, BIR, BOC, attached agencies of the DOF and GOCCs to deposit their funds to the appropriate financial institutions in congruence with the Bangko Sentral ng Pilipinas (BSP) Circular 110, Series of 1996 with particular attention to Sections 2 to 5. The Circular provides for the guidelines governing the acceptance by banks of deposits of the Government, its political subdivisions and instrumentalities, as well as of GOCCs. This issuance shall supersede DOF Order No. 56-98 dated August 14, 1998 and subsequent DOF Memo dated December 21, 1998. 2.0 GENERAL GUIDELINES 2.1 As part of this Department's efforts to strengthen the fiscal position of the Government, the LGUs, BIR, BOC, attached agencies of the DOF and GOCCs shall deposit their funds and maintain depository accounts preferably with any of the Government Financial Institutions (GFIs) namely: the Land Bank of the Philippines (LBP) and the Development Bank of the Philippines (DBP) nearest to their location. 2.2 By way of exception, the LGUs, BIR, BOC, and attached agencies of the DOF and GOCCs may deposit and maintain their cash balances with the Philippine National Bank (PNB) pursuant to Monetary Board (MB) Resolution No. 1233 dated August 26, 1998 and with the Philippine Postal Savings Bank (PPSB), in addition to the two GFIs earlier mentioned. 2.3 No government funds shall be deposited to any other private banking institutions with the further exception of rural and cooperative banks authorized by the BSP to act as depository of government funds pursuant to Section 5 (2) of BSP Circular 110, provided that: 2.3.1 A one (1) year phase-out period shall be given to LGUs, BIR, BOC, attached agencies of the DOF and GOCCs to transfer and maintain their deposits and cash balances from authorized rural and cooperative banks with any of the following banks, namely: LBP, DBP, PNB and PPSB. Deposits and cash balances with rural and cooperative banks without prior authorization from BSP to act as depository of government funds pursuant to Section 5 (2) of BSP Circular 110, shall be immediately transferred to any of the identified authorized banks under this section; and provided further that, 2.3.2 In exceptional cases where there are no accessible LBP, DBP, PNB and PPSB branches within their respective vicinities, LGUs, BIR, BOC, attached agencies of the DOF and GOCCs may be allowed to deposit and maintain their cash balances with rural and cooperative banks located within or nearest to their respective areas of jurisdiction, provided that a rural and cooperative bank may only act as official depository of government funds pursuant to RA 7353 and RA 6938, respectively, and subject to the prior approval of the BSP pursuant to Section 5(2) of BSP Circular 110 and the prerequisites for the grant of authority under Section 9 of the same circular. LibLex 3.0 RESPONSIBILITY AND SANCTIONS The Provincial, City and Municipal Treasurers, Commissioners of BIR and BOC, Heads of attached agencies of the DOF and Heads of all GOCCs shall be responsible for the compliance of this Order. Failure to comply with the herein provisions shall subject the responsible officials and/or employees to appropriate criminal and or administrative action. 4.0 EFFECTIVITY This Order shall take effect immediately and shall supersede DOF Order No. 56-98 dated August 14, 1998 and subsequent DOF Memo dated December 21, 1998. (SGD.) EDGARDO B. ESPIRITU Secretary " All revenue officials and employees are enjoined to give this circular as wide a publicity as possible. (SGD.) BEETHOVEN L. RUALO Commissioner of Internal Revenue