DILG memo on use of
20% dev’t fund for LGUs has legal basis
Press Release
By DILG Office of Public Affairs
June 6, 2011
A senior official of
the Department of the Interior and Local Government (DILG) today said
the agency’s memorandum on the local government’s use of their 20
percent development fund has legal basis and is part of its function
of general supervision over local government units.
DILG Undersecretary
for Local Government Austere A. Panadero said the department’s latest
memo on said subject is just a reiteration of a similar directive
issued jointly, with minor amendments, by the DILG and the Department
of Budget and Management in 2005.
He cited Section 287
of the Local Government Code which provides that “each LGU should
appropriate in its annual budget no less than 20 percent of its
Internal Revenue Allotment (IRA) specifically for development
projects. “
Panadero issued the
clarification in response to published reports quoting Bacoor, Cavite
Mayor Strike Revilla, president of the League of Municipalities of the
Philippines, that the DILG has “dictatorial tendencies” in the
issuance of memos and that town mayors are disappointed and offended
by it.
“The joint DILG-DBM
memo is meant to inform and enlighten the public and local officials
on the proper use of their 20 percent development funds derived from
their IRA. We issued the directive in response to reports we received
from the Commission on Audit on the misuse of the 20 percent
development funds for LGUs,” the DILG Undersecretary said
“We have no intention
whatsoever to disappoint, offend, threaten or treat LGEs like children
if they do not follow our memos. The memos are meant to implement good
governance and proper use of the 20 percent development funds as
prescribed by the DBM and COA,” he added.
The DBM, Panadero
said, has the authority to prescribe items eligible for financing
under the IRA while the COA can disallow improper use of the 20
percent development funds.
The latest DILG-DBM
joint memo, Panadero explained, gave meaning to the phrase
“development projects” in Section 28 of the LG Code which refer to
projects related to social, economic, environmental development, and
other related projects covered under it.
These development
projects include the following: construction or rehabilitation of
evacuation centers, portable water supply system, evacuation centers,
local roads or bridges, sanitary landfills, material recovery facility
and public facilities such as multi-purpose halls; purchase or repair
of area-wide calamity-related alarm or warning system and appropriate
alarming-related rescue operations equipment; and purchase and
development of land for relocation of victims of calamities, among
others.
The guidelines also
provided items that are not related to or not connected with the
implementation of development projects and should not be paid out of
the 20% IRA such as, such as cash gifts, bonuses, medical assistance,
food allowance, uniform meetings, supplies, communication, water and
light, petroleum products, and the like, salaries, traveling expenses,
seminar and conference fees, construction and repair of administrative
offices, purchase of office furniture and equipment and maintenance
and repair of motor vehicles.
“More than half or 55%
of the IRA of the LGUs may be used to pay salaries and wages, and
another 20% may be utilized for maintenance and other operating
expenses such as gasoline expenses and the like,” Panadero pointed
out.
On the LGEs claim that
they were not consulted on the issue prior to the issuance of the
DILG-DBM joint circular, the DILG undersecretary said it had been
discussed in the two meetings of the Coordinating Committee on
Decentralization on May 14, 2010 and August 13, 2010 where the LGU
leagues had been represented by their Secretariat.
“Moreover, the draft
circular had also been posted in the DILG website since April 13, 2011
to encourage LGUs and other sectors to comment on it. But we have not
received any feedback from them during the two-week period that it was
posted,” he said.