Resolution Establishing the Internal Rules of Procedure of the Joint Congressional Oversight Committee on Public Expenditures

February 18, 2014

JOINT CONGRESSIONAL OVERSIGHT COMMITTEE ON PUBLIC EXPENDITURES RESOLUTION NO. 01-14

RESOLUTION ESTABLISHING THE INTERNAL RULES OF PROCEDURE OF THE JOINT CONGRESSIONAL OVERSIGHT COMMITTEE ON PUBLIC EXPENDITURES

WHEREAS, Republic Act No. 10633 or the FY 2014 General Appropriations Act (GAA)created the Joint Congressional Oversight Committee on Public Expenditures (JCOCPE);

WHEREAS, the JCOCPE is mandated to primarily monitor that government funds are spent in accordance with law; DETACa

NOW THEREFORE, BE IT RESOLVED, AS IT IS HEREBY RESOLVED, to establish its Rules of Procedure in order to fulfil all the powers and functions necessary to attain the purposes for which it is created and effectively carry out its objectives.

Rules of Procedure

ARTICLE I

Oversight Committee

SECTION 1. Composition. — The Joint Congressional Oversight Committee on Public Expenditures, or the Committee, shall be composed of sixteen (16) Members. It shall be Co-Chaired by the Chairperson of the Committee on Finance of the Senate and the Chairperson of the Committee on Appropriations of the House of Representatives and shall have as its Members seven (7) Senators to be appointed by the President of the Senate and seven (7) Representatives to be appointed by the Speaker of the House of Representatives.

SECTION 2. Mandate. — The Committee shall oversee and monitor the implementation of Republic Act No. 10633 and other appropriation laws.

SECTION 3. Powers and Functions of the Committee. — The Committee shall have the following powers and functions:

a) To call upon any department/agency/corporation to appear before the Committee to account for the utilization of all funds released to the said entities;

b) To monitor the implementation of programs/projects by various government entities;

c) Require the submission of financial and accomplishment reports from departments/agencies/corporations;

d) Review and evaluate financial expenditure reports vis-à-vis budget;

e) Monitor compliance of departments/agencies/corporations of various provisions of the GAA and other appropriation laws;

f) Assess inherent weaknesses in existing laws and initiate necessary remedial legislation; and HEITAD

g) Other functions which may be necessary to attain its objectives.

The Chairpersons and Members shall not receive any compensation in the performance of their duties in the Committee: Provided, however, That traveling, extraordinary and other necessary expenses in relation to the performance of their official functions as Chairpersons and Members shall be allowed and charged against the respective budgets of the Senate and the House of Representatives.

ARTICLE II

Officers

SECTION 4. Powers and Functions of the Chairpersons. — The Chairpersons of the Committee shall have the following powers and functions:

a) To propose rules, regulations, guidelines and procedures pertaining to its internal functions and operations, as may be necessary, to effectively carry out its mandated functions, subject to the approval of the Members;

b) To administer oaths, sign subpoenas issued by the Committee requiring the attendance and testimony of witnesses or the production of such books, papers, contracts, records, statements of account, agreements, and other documents as may be material to a just determination of the matter under consideration of the Committee;

c) To hold any person in contempt, directly or indirectly, and impose appropriate penalties therefor as may be sanctioned by the Committee.

d) To enter in any obligation or contract essential to the proper administration of its affairs, the conduct of its operations or the accomplishment of its purposes and objectives, subject to the approval of the Members;

e) To determine the respective financial requirements of the Committee including the annual budget for its operation;

f) To disburse the funds in accordance with its respective approved budget; and

g) To exercise all the powers necessary to attain the purposes for which the Committee was created.

SECTION 5. Secretariat/Technical Staff and Committee Secretaries. — The Committee shall be assisted by the technical staff of the Committee on Finance of the Senate and the Committee on Appropriations of the House of Representatives.

The Committee Secretaries of the Committee on Finance and Committee on Appropriations shall assist the Chairpersons of the Committee in the performance of their functions.

SECTION 6. Duties and Responsibilities of the Secretariat/Technical/Staff. — The technical staff shall perform the following functions:

a) To analyze the financial reports submitted to the Committee and submit the recommendations for consideration of the Chairpersons and Members of the Committee;

b) To provide technical support in the monitoring and evaluation of the programs/projects of departments/agencies/corporations;

c) To draft proposed legislation as instructed by the Committee;

d) To prepare the agenda for all the meetings of the Committee and to submit for consideration thereto the policies and measures which are necessary to carry out the objectives of the Committee;

e) To implement and administer the policies and decisions of the Committee;

f) To maintain official records, files and proceedings of the Committee; and

g) To perform such other functions as may be assigned by the Chairpersons through a Committee Resolution.

SECTION 7. Consultants. — The Chairpersons and Members may engage the services of consultants to assist the Committee under such terms and conditions and with such authority and duties, as they may determine.

ARTICLE III

Meetings

SECTION 8. Regular/Special Meeting. — The Committee shall hold one regular monthly meeting and special meeting(s), as the Chairpersons may deem necessary, or at the request of a majority of the Members of the Committee. Notice of the meeting including the agenda, shall be given three (3) calendar days in advance to all the Members of the Committee.

The Committee, as the need arises, may create a sub-committee to conduct an oversight meeting/monitoring on matters delegated by the Committee. A report on the said meeting shall be submitted to the Committee.

SECTION 9. Conduct of Business. — The Chairpersons shall preside over the meetings conducted by the Committee: Provided, That if one of the Chairpersons is not present at a scheduled meeting of the Committee, a Member so designated by the absent Chairperson shall Co-chair the meeting. ATICcS

SECTION 10. Quorum. — Four (4) Members of the Committee shall constitute a quorum to do business.

SECTION 11. Proxies. — No vote by any Member of the Committee shall be cast by proxy.

SECTION 12. Open and Closed Meetings. — Each meeting for the transaction of business of the Committee shall be open to the public except when the Committee, in open session and with a quorum present, determines by roll call vote that all part of the remainder of the meeting on that day shall be closed to the public because disclosure of matters to be considered would endanger national security, compromise sensitive law enforcement information, or tend to defame, degrade or incriminate any person, or otherwise violate any law or rule of the Congress of the Philippines. No such vote shall be required to close a meeting that relates solely to internal budget.

No person other than the Members of the Committee and their consultants, and such other authorized Staff and such other witnesses as they may permit, shall be present in any business or meeting which has been closed to the public.

SECTION 13. Transcript and Minutes of the Meeting. — There shall be a transcript and minutes of regularly scheduled meetings of the Committee which may be printed if the Chairpersons decide it is appropriate, or if a majority of the Members request it. However, transcripts and minutes of the meeting, or parts thereof which have been closed to the public shall be available only to Committee Members and may not be released, in whole or in part, to any other person unless authorized by the Committee.

ARTICLE IV

Hearings

SECTION 14. Public Announcement. — The Chairpersons, in the case of hearings to be conducted by the Committee, shall make public announcement of the date, time, place and subject matter of any hearing to be conducted on any measure or matter at least three (3) calendar days before commencement of that hearing unless the Committee determines that there is a good cause to begin such hearing at an earlier date. In the latter event, the Chairpersons shall make such announcement at the earliest possible date.

SECTION 15. Selection of Witnesses. — Selection of witnesses for committee hearings shall be made by the Committee Secretariat/Technical Staff under the direction of the Chairpersons. A list of proposed witnesses shall be submitted to the Members of the Committee for review sufficiently in advance of the hearings to permit suggestions by the Committee Members to receive appropriate consideration.

SECTION 16. Written Statements of Witnesses. — As far as practicable, all witnesses appearing before the Committee shall file written statements of their proposed testimonies at least forty-eight (48) hours in advance of their appearance, and their oral testimony shall be limited to brief summaries. Limited insertions or additional relevant material shall be received for the record, subject to the approval of the Chairpersons.

SECTION 17. Questioning of Witnesses. — The Chairpersons shall provide adequate time for questioning of witnesses by all Members, including minority Members, and the rule of relevancy shall be enforced in all hearings.

SECTION 18. Official Transcript. — An accurate stenographic record shall be kept for all committee proceedings, decisions and actions. Brief explanation, when required to clarify the transcript, may be inserted in the record, subject to the approval of the Chairpersons.

SECTION 19. Confidential Information Furnished to the Committee. — The information contained in any books, papers, or documents furnished to the Committee by any individual, partnership, corporations or other legal entity shall, upon request of the individual, partnership, corporation or entity furnishing the same, be maintained in strict confidence by the Members and Secretariat/Technical Staff of the Committee, except that any such information may be released outside of executive session of the Committee if the release thereof is effected in a manner which will not reveal the identity of such individual, partnership, corporation or entity in connection with any pending hearing or as a part of a duly authorized report of the Committee; if such release is deemed essential to the performance of the functions of the Committee; and if such release is in the public interest.

ARTICLE V

Other Procedures and Regulations

SECTION 20. Other Procedures. — The Chairpersons of the Committee may establish such other procedure and take such actions as may be necessary to carry out the foregoing Rules of Procedure and to facilitate the effective operation of the Committee.

SECTION 21. Suppletory Clause. — If there is no rule or regulation applicable to a specific case or situation, the Rules of the Senate and/or of the House of Representatives, including their respective rules on inquiries in aid of legislation, insofar as they are applicable, shall be resorted to.

ARTICLE VI

Effectivity

SECTION 22. Effectivity. — The Rules shall take effect on the date of their adoption by a majority of the Members of the Committee and shall remain effective until they are amended or repealed. TIADCc

Adopted, February 18, 2014.

(SGD.) SEN. FRANCIS "CHIZ" G. ESCUDEROCo-Chairperson

(SGD.) REP. ISIDRO T. UNGABCo-Chairperson

(SGD.) SEN. SERGIO R. OSMEÑA III

(SGD.) REP. JOAQUIN CARLOS RAHMAN A. NAVA

(SGD.) SEN. RALPH G. RECTO

(SGD.) REP. MARIA ZENAIDA B. ANGPING

(SGD.) SEN. LOREN B. LEGARDA

(SGD.) REP. THELMA Z. ALMARIO

(SGD.) SEN. TEOFISTO L. GUINGONA III

(SGD.) DAKILA CARLO E. CUA

(SGD.) SEN. GRACE L. POE

REP. ROLANDO G. ANDAYA, JR.

(SGD.) SEN. VICENTE C. SOTTO III

(SGD.) REP. ERIC D. SINGSON

(SGD.) SEN. GREGORIO B. HONASAN II

REP. RONALDO B. ZAMORA