Guidelines on the Release and Utilization of the Bayanihan Grant to Cities and Municipalities

April 7, 2020

DBM LOCAL BUDGET CIRCULAR NO. 125-20

 

1.1 LEGAL BASIS

Section 4 of Republic Act (RA) No. 11469 (the Bayanihan to Heal as One Act) granted the President the power to adopt various temporary emergency measures to respond to crisis brought about by the Corona Virus Disease 2019 (COVID-19) pandemic.

Under Section 4 (g) thereof, the President is empowered to ensure that all local government units (LGUs) are acting within the letter and spirit of all the rules, regulations and directives issued by the National Government pursuant to the said law, and are implementing standards of Community Quarantine consistent with what the National Government has laid down for the subject area, while allowing the LGUs to continue exercising their autonomy on matters undefined by the National Government or are within the parameters it has set, and are fully cooperating towards a unified, cohesive and orderly implementation of the national policy to address COVID-19.

Further, Section 4 (v) of the same law provides:

"Section 4. Authorized Powers. — Pursuant to Article VI, Section 23 (2) of the Constitution, the President is hereby authorized to exercise powers that are necessary and proper to carry out the declared national policy. The President shall have the power to adopt the following temporary emergency measures to respond to crisis brought by the pandemic:

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(v) Notwithstanding any law to the contrary, direct the discontinuance of appropriated programs, projects or activities (P/A/P) of any agency of the Executive Department, including government-owned or -controlled corporations (GOCC),in the FYs 2019 and 2020 General Appropriations Act (GAA),whether released or unreleased, the allotments for which remain unobligated, and utilize the savings generated therefrom to augment the allocation for any item directly related to support operations and response measures, which are necessary or beneficial in order to address the COVID-19 emergency, consistent with the herein declared national policy: Provided, however,That the following items in the budget shall be prioritized for augmentation:

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(9) Under allocations to local government units;

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(x) Notwithstanding any law to the contrary, reprogram, reallocate, and realign from savings on other items of appropriations in the FY 2020 GAA in the Executive Department, as may be necessary and beneficial to fund measures that address and respond to the COVID-19 emergency, including social amelioration for affected communities, and the recovery of areas, sectors and industries severely affected. All amounts so reprogrammed, reallocated or realigned shall be deemed automatically appropriated for such measures to address the COVID-19 situation within the period specified under Section 9 hereof."

2.0 PURPOSE

This Circular is being issued to prescribe the guidelines and procedures on the release and utilization of the "Bayanihan Grant to Cities and Municipalities," hereinafter referred to as BGCM for brevity.

3.0 GUIDELINES

3.1 The BGCM shall be released to all cities and municipalities to boost their capacity in immediately responding to the COVID-19 emergency.

3.2 The grant shall be equivalent to the one-month FY 2020 Internal Revenue Allotment share of the cities and municipalities. The allocation for each city and municipality are provided in Annexes A and B hereof.

3.3 The corresponding Special Allotment Release Order and Notices of Cash Allocation (NCA) shall be released by the Department of Budget and Management (DBM) to the Bureau of the Treasury (BTr) and Authorized Government Servicing Banks (AGSBs), respectively, consistent with the Department of Finance-DBM Joint Circular No. 2016-1 dated January 4, 2016. 1

3.4 Upon receipt of the Advice of NCA Issued, the BTr shall release the corresponding Advices to Debit Account (ADAs) to the AGSBs. In parallel, the BTr shall inform the beneficiary cities and municipalities of their released allocations through the issuance of Notices of ADA Issued.

3.5 The BGCM shall be exclusively used by the cities and municipalities for the following COVID-19-related programs, projects, and activities (PPAS) and expenses:

3.5.1 Procurement of personal protective equipment;

3.5.2 Procurement of equipment, reagents, and kits for COVID-19 testing;

3.5.3 Procurement of medicines and vitamins;

3.5.4 Procurement of hospital equipment and supplies;

3.5.5 Procurement of disinfectants, sprayers, disinfection tents and other disinfecting supplies and misting equipment;

3.5.6 Food, transportation (including fuel),and accommodation expenses of medical personnel and other LGU personnel directly involved in the implementation of COVID-19-related PPAs and expenses;

3.5.7 Food assistance and other relief goods for affected households;

3.5.8 Expenses for the construction/repair/lease/rental of additional space/building to accommodate COVID-19 patients and persons under monitoring/investigation;

3.5.9 Expenses for the operation of stand-alone/mobile testing laboratory;

3.5.10 Expenses for the purchase/rental of tents/spaces for temporary shelters of the homeless;

3.5.11 Expenses for training of personnel in the conduct of COVID-19 testing and other related trainings; and

3.5.12 Other necessary COVID-19-related PPAs and expenses.

3.6 Except for the allowable COVID-19-related PPAs and expenses enumerated in item 3.5 above, the BGCM shall not be allowed to be used for the following:

3.6.1 Any form of financial/cash assistance;

3.6.2 Personal Services expenditures, such as salaries, wages, overtime pay, and other personnel benefits;

3.6.3 Administrative expenses, such as supplies, meetings, communication, water and electricity, petroleum products, other general services, and the like;

3.6.4 Traveling expenses, whether domestic or foreign;

3.6.5 Registration or participation fees in training, seminars, conferences or conventions;

3.6.6 Purchase of administrative office furniture, fixtures, equipment or appliances;

3.6.7 Purchase, maintenance or repair of motor vehicles; and

3.6.8 Other PPAs and expenses not related to COVID-19.

3.7 The utilization of the BGCM shall be subject to the usual local budgeting process pursuant to the pertinent provisions of the Local Government Code of 1991 (RA No. 7160).

For easy monitoring/tracking of the utilization of the allocation of each city and municipality, a special account in the general fund (SAGF) for the BGCM shall be created through an ordinance by the local sanggunian pursuant to Section 313 of RA No. 7160. The creation of an SAGF for the BGCM may also be done by the local sanggunian through inclusion in the pertinent appropriation ordinance authorizing a supplemental budget covering the BGCM.

It is understood that the provisional guidelines on the preparation and approval of the annual/supplemental investment programs prescribed under Department of the Interior and Local Government-DBM Joint Memorandum Circular No. 02 dated March 30, 2020 2 shall also apply to the BGCM.

3.8 The fund may be utilized by the cities and municipalities for the duration of the State of Calamity as declared by the President by virtue of Proclamation No. 929 dated March 16, 2020.

3.9 Funds which remain unutilized after the lifting of the State of Calamity, by Presidential Proclamation, shall be reverted to the National Treasury by the recipient cities and municipalities.

For this purpose, unutilized funds refer to the balances of the amount received from the BGCM, which were not disbursed by the recipient city/municipality.

3.10 Disbursements and utilization of the BGCM shall be subject to the pertinent provisions of the Government Procurement Reform Act (RA No. 9184) and its Revised Implementing Rules and Regulations (IRR), and any relevant policies issued by the Government Procurement Policy Board (GPPB), as well as other applicable laws, and budgeting, accounting, and auditing rules and regulations.

4.0 POSTING AND REPORTING REQUIREMENTS

The beneficiary cities and municipalities shall:

4.1 Comply with the posting requirements prescribed under RA No. 9184 and its 2016 Revised IRR, and all relevant policies issued by the GPPB;

4.2 Prepare a monthly report on fund utilization and status of implementation of PPAs using the prescribed format (Annex C);

4.3 Post the accumulated reports on the LGU's website and in at least three (3) conspicuous public places in the locality at the end of every month; and

4.4 The local chief executive (LCE) of the implementing city/municipality shall send a written notice when said reports have been posted on its website to the DBM, House of Representatives, Senate of the Philippines, House Committee on Appropriations, Senate Committee on Finance, and other offices where the submission of reports is required under existing laws, rules, and regulations.

5.0 RESPONSIBILITY AND ACCOUNTABILITY

The responsibility and accountability in the implementation of programs, projects, and activities and proper utilization and disbursement of the BGCM shall rest upon the LCE and other local officials concerned. It is also the responsibility of said local officials to ensure that the funds released to their respective cities/municipalities are utilized strictly in accordance with applicable budgeting, accounting, and auditing rules and regulations, and pertinent provisions of RA No. 9184 and its Revised IRR.

6.0 ITEMS FOR RESOLUTION

Interpretation of the provisions of this Circular, including relevant items not covered herein, shall be referred to the DBM for resolution.

7.0 SEPARABILITY CLAUSE

If any provision of this Circular is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

8.0 REPEALING CLAUSE

All provisions of existing guidelines that are not consistent with this Circular are hereby revised, modified and/or repealed accordingly.

9.0 EFFECTIVITY

This Circular shall take effect immediately upon complete publication in the Official Gazette or in a newspaper of general circulation.

(SGD.) WENDEL E. AVISADOSecretary

ANNEX A

Allocation from the Bayanihan Grant to Cities and Municipalities

ANNEX B

Allocation from the Bayanihan Grant to Cities and Municipalities

ANNEX C

Bayanihan Grant to Cities and Municipalities

 

Footnotes

1. Guidelines for the Direct Release of Funds by the Bureau of the Treasury (BTr) to Local Government Units (LGUs) in FY 2016 and Thereafter.

2. Provisional Guidelines on the Preparation and Approval of the Annual Investment Programs of Local Government Units in View of the Corona Virus Disease 2019 (COVID-19) Situation.