100% found this document useful (2 votes)
8K views122 pages

Baics Doj

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
100% found this document useful (2 votes)
8K views122 pages

Baics Doj

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
You are on page 1/ 122
Republika ng Pilipinas KAGAWARAN NG KATARUNGAN Department of Justice Manila VNAII-DO-. : Sea 03 1007 DEPARTMENT CIRCULAR NO. 0 0 4 TO Undersecretaries and Assistant Secretaries The Prosecutor General The Chief State Counsel All Heads of Bureaus, Commissions and Offices attached to the DOJ SUBJECT BASELINE ASSESSMENT OF INTERNAL CONTROL SYSTEM (BAICS) In the exercise of the supervisory power of the Secretary of Justice relative to management of internal control of systems and procedures in the Department, for compliance is the accomplishment of the sets of questionnaire attached hereto as “Annex A” (Baseline Assessment) and “Annex B” (Internal Control Assessment), evaluating the agency's internal control components to be accomplished by heads of offices/services. Internal control, as defined In accounting and auditing policy of the government refers to the process designed and effected to assure achievement of an organization's objectives in operational effectiveness and efficiency and reliable financial reporting in accordance with laws, regulations and policies. The objective of BAICS is to come up with Department-Wide Internal Control profile with identified opportunities to improve the efficiency of the systems and procedures of the Department. Relative thereto, accomplished questionnaires shall be forwarded to the Office of Undersecretary Reynante B. Orceo which currently supervises the Internal Audit Services. For strict compliance and guidance of all the concer VITA! N. AGUIRRE IT Daren retary a cper nage Copy furnished: ACE TU All concerned. «Republika ng Pilipinas KAGAWARAN NG KATARUNGAN Department of Justice Manila MEMORANDUM FROM THE UNDERSECRETARY FOR Undersecretaries and Assistant Secretaries Ey The Prosecutor General The Chief State Counsel All Heads of Bureaus, Commissions and Offices attached to the DOJ SUBJECT INSTRUCTIONS FOR THE ACCOMPLISHMENT OF THE BASELINE ASSESSMENT OF INTERNAL CONTROL SYSTEM DATE 11 JANUARY 2017 Pursuant to Department Circular issued by the Secretary of Justice with the subject Baseline Assessment of Internal Control System (BAICS) and in the interest of service, attached herewith is the instructions for the accomplishment of the “Annex A and Annex B" of the baseline assessment, To expedite the development of the: Department-Wide Internal Control profile, please submit the accomplished forms to the undersigned’s office on or before 31 January 2017. : Should you need any clarification, your office may contact Ms. Juanita B. Chua and Ms. Mignon T. Gonzales of the Internal Audit Service gt telephone numbers 524-74-09 and 523-84-81 local 273. For compliance. RI IANTE B. ORCEO Indersecretary Republika ng Pilipinas KAGAWARAN NG KATARUNGAN Department of Justice Manila BASELINE ASSESSMENT OF INTERNAL CONTROL SYSTEM A. Rationale: Baseline assessment Is primarily done by the heads of services/offices from the Department Secretary down to the regional and attached agency heads who exercise supervision and control at their levels which can be utilized as a tool for management improvement. This is composed of two parts, the baseline assessment proper and the internal control assessment as follows: a, Baseline Assessment Proper attached as Annex "A" is focus in the evaluation of the effectiveness of the internal control system to determine the extent of compliance and assess the adequacy of controls embedded in operating and ‘support systems/units, as well as evaluate the performance of programs, projects and activities of the agency. b, Internal Control Questionnaire attached as Annex "B" is focus in the evaluation of the degree of compliance with each office mandate, policies, government regulations, established objectives, systems and procedures/processes and contractual obligations, B. Purpose/ Objective: The objective is to come-up with Department-Wide Internal Control profile with identified opportunities to improve the efficiency of the systems and procedures of the Department, In the long term, the assessment is viewed to provide adequate basis in measuring the performance of different offices of the Department as well as to be utilized to provide basis for the Performance-Based Bonus. C. General Instruction: For Annex A a, The concerned head of service/office in the Department and attached Agency is tasked to assign the completion of the matrix to the concerned officer/staff by assessing the conditions pertaining to the questions. b. The contents of the matrix are designed to evaluate the agency's internal control components. This has a pervasive effect on the overall system of Internal Control because they represent the agency's nature and overall attitude towards internal control. This matrix is divided into five interrelated components as follows: 1. Control Environment - This involves ways on how the specific office can inform public officers and employees of their roles, responsibilities, accountabilities, and authorities. They also include ways by which such office can create an environment to better ensure that integrity and ethical values are not compromised and those officers and employees receive and understand that thrust. 2. Risk Assessment - This is used to identify and assess the external and internal factors that could impact on the achievement of control objectives and provide a basis for certain management controls. 3. Control Activities - This involves policies or procedures that help ensure that the specific office's objectives are achieved and directives are completed. 4, Information and Communication - This involves how the specific office identifies, captures, processes and reports information needed to achieve its objectives. 5. Monitoring - This involves the specific office’s activities taken to assess the achievement of control objectives and the quality of internal control system performance, The matrix consists of seven (7) columns with the following headings and defined as follows: 1. Area is the functions/procedures/process or section relevant to internal control. 2. Criteria are standards, laws, rules or regulations on which action/decision or process should have been based, 3. Question is a test of compliance based on criteria. 4, "Yes" or “No”, “Yes” answers to questions would require submission of evidence by the personnel concerned. 5. Explanation is a statement that makes something clear or a reason/justification for the answer to the question. 6. Reference Documents is the lawful foundation or support to the explanation such as flowchart, laws and regulations, Department Order, etc. 7. Recommendation indicates suggested improvements by the concerned head of service, For Annex B Preparation of Internal Control Questionnaire (ICQ) is specific for each service/office/ program/project and attached agency of the Department by constructing questions that will answer about each (service/office/ program/project and attached agency) performance of the activities which is consistent with each mandate. ICQ for Board of Claims is attached as sample for Annex B to serve as guide in the preparation of each own matrix. ‘The matrix is composed of five (5) columns with the following headings and defined as follows: 1. Questions in the matrix are based on the existing laws, regulations, Department Order, etc. that govern each existence, processes, and procedures. 2. "Yes" or “No”. “Yes” answers to questions would require submission of evidence by the personnel concerned. wo Explanation is a statement that makes something clear or a reason justification for the answer to the question. 4, Reference Documents is the lawful foundation or support to the explanation such as flowchart, laws and regulations, Department Order, etc. 5, Recommendation indicates suggested improvements by the concemed head of service. D. The accomplished form is expected to be filled-up and submitted on or before January 31, 2017. Should you need any clarification, your office may contact Ms. Juanita B. Chua and Ms. Mignon T. Gonzales of the Internal Audit Service at telephone numbers 524-74-09 and 523-84-81 local 273. Annex "A DEPARTMENT OF JUSTICE BASELINE ASSESSMENT OF INTERNAL CONTROL SYSTEM Kindly complete the matrix by performing the following: a. Please read each statement carefully and assess the conditions pertaining to the questions. b. Answer with "YES" or "NO" in the space provided. Answers to questions would require an explanation and submission of evidence, Such as a flowchart and other reference documents i.e. R.A., E.O., Department Order, etc. Thank you. Yes Cite Area Criteria Questions or | Explanation | Reference | Recommendation No Documents I. Control Environment "An organizational chart is |i) Does the agency 1. Plan of Organization | a graphic presentation of | maintain an approved 1.1 Structural the units, functions or and current operational Configuration | positions of an agency. _| organization chart? ‘The three basic types of | 2) re the functions well organizational charts are: | defined to _ etter (1) Structural understand the Organizational Chart (2) _| objectives and Functional Chart (3) responsibilities of each Position Char unit? * Department of Budget and Management Circular Letter 2007-6, "Manual on Position Classification", 19 February 2007 "The three basic types of Organizational charts are: (1) Structural Organizational Chart - This chart is graphic representation of the organizational units in boxes, This chart provides information about the general objective and responsibilities of each unit. The duties and responsibilities of a position are better understood by analyzing {the functions of a unit. (3) Position Chart - This chart shows the authorized positions in the organizational unit, listed by item number, Position title and salary grade, This chart ascertains the official location ofthe position and its relation to other positions in the organizational unit, organizational unit, listed by item number, position title and salary grade. This chart ascertains the official location of the position and its relation to other positions in the organizational unit. Yes Cite Area Criteria Questions ‘or | Explanation| Reference | Recommendation No Documents "As a general rule, the proposed organizational structure and staffing must be supportive of the core functions identified by the agency."” 1.2 Divisionalization | "The extent and size of [3) Does the divisionalization shall take | organizational chart. into account the functional | clearly define lines of distribution, workload, | authority and span of control, type and | responsibility? variety of skills/expertise [4) Is the number of required, the number of | positions in the agency personnel for each type of | does not exceed the expertise, and the | number prescribed by geographical location of | law? the work station in order to | 5) Does the ensure dear and effective | organizational chart performance indicate the major staff accountability." units of the agency such as Planning, Financial and Management, Administrative and when necessary Technical and ®DBM-CSC Joint Resolution No. 1, "Rationalization Program's Organization and Staffing Standards and Guidelines", 12 May 2006 *DBM-CSC Joint Resolution No. 1, "Rationalization Program's Organization and Staffing Standards and Guidelines", 12 May 2006 Criteria Questions Yes Explanation Cite Reference Documents Recommendation Legal Services? 1.3 Composition/Sub division ofa Department “The organization of a department is composed of the Office of the Secretary (OSec.), bureaus, services, and field units, A Department may have agencies attached to it (for policy/program coordination) or under its administrative supervision. Tts bureaus, services, and/or field units may have divisions, In general, field units smaller than as regional office shall _no longer have subdivisions."* 6) Does the composition/subdivision of the agency observe the minimum standards prescribed by DBM and csc? 7) ‘Are the offices grouped primarily on the basis of major functions to achieve simplicity, economy and efficiency in government operations and minimize duplication and overlapping of functions and activities? 14 Nature of, Functions "Department functions should be decentralized in order to reduce red tape, free central officials from administrative details concerning field operations and relieve them from “DBM-CSC Joint Resolution No. 1, 8) Does the agency's Planning Service perform planning, programming, and project development, and discharge such other functions _as Yes Cite Area Criteria Questions ‘or | Explanation | Reference | Recommendation No Documents unnecessary involvement | provided by law? in routine and local matters." 9) Does the agency's Administrative Service provide economical, efficient and effective services relating to personnel, legal assistance, information, records, delivery and receipt of ‘correspondence, supplies, equipment, collections, disbursement, security and custodial work and such other functions as provided by law? 10) Does the agency's Financial and Management Service advise and assist the Department, Secretary/HoA on financial and management — matters and perform such other ®DBM-CSC Joint Resolution No. 1, s. 2006 Yes Cite Area Criteria ‘Questions or | Explanation | Reference | Recommendation No Documents functions as provided by law? 11) Are the agencys plans and programs directly implemented by the regional and field offices as the operating arms of the agency concerned? 12) Are the implemented plans and programs in accordance with approved policies and standards? 13) As counterparts of the agency in the region, do they undertake operations, within their respective jurisdictions? 1.5 Staffing Pattern "AS a general rule, the proposed organizational structure and staffing must be supportive of the core 14) Does the agency conform with — the required staffing pattern guidelines issued by the Yes Cite ‘Area Criteria Questions or | Explanation | Reference | Recommendation No Documents functions identified by the agengy."" “Unless otherwise provided by law or directed by the President ofthe Philippines, no organizational units or changes in key position in any department or agency shall be authorized in their respective _ organizational structures and — staffing patterns and funded from appropriations provided under this Act." “Every Secretary shall be assisted by such number of Undersecretaries as_may be provided for by this Code or by Law,"* DBM and CSC and other related laws? ‘DBM-CSC Joint Resolution No. 1 "Rationalization Program's Organization and Staffing Standards and Guidelines", 12 May 2006 "Sec. 78, RA No. 10147, GAA FY 2011 "Sec, 3(2) , EO 292 Yes Cite Area Criteria Questions or | Explanation | Reference | Recommendation No Documents "Whenever necessary, Assistant Secretary position or positions may be created to form part of the Department proper’ 1.6 Delegation Authority ‘Supervision of and “All transactions shall be executed by persons acting within the scope of their authority." "Top management shall ensure that responsiblities and authorities are defined and communicated within the organization."** 15) Is the authority and responsibility for the agency's operations, as may be necessary to implement the plans and programs, adequately delegated by the DS/HoA to the bureaus and_ regional directors or ‘thelr equivalent? 16) Is the delegation in writing? 17) Does it indicate to which officer or class of officers _or employees *sec. 3(3), FO 292 “Sec 49, Chapter 3, Volume Ill, Government Auditing Standards and Procedures and Internal Control System, Government Accounting and Auditing Manual, 2January 1992 “Clause 5.5.1, Government Quality Management Systems Standards, 21 June 2007 Area Criteria Questions Yes or No Explanation Cite Reference Documents. Recommendation the delegation is to be made? 18) Does it vest sufficient authority to enable the delegatee to discharge his assigned responsibilty? 19) 1s the implementation of national and —_local programs in accordance with policies and standards developed by the agency with the participation of the regional directors? 20) 1s the implementation economical, efficient and effective? 17 Personnel Responsibility and Liability “Expenditures of government funds or uses of government property in violation of law or regulations _ shall be_a 21) Does the agency issue policy guidelines ‘on adherence to proper utilization of public funds and property? Yes Cite Area Criteria Questions or | Explanation | Reference | Recommendation No Documents personal liability of the official or employee found to be directly responsible therefor" 22) Are the public officers or employees who apply government funds or property under his administration or control to any use other than for which such fund or property is appropriated made liable therefor? 23) Are the public officers and employees who are directly responsible for unlawful expenditures. of government funds or uses of government property made personally liable ‘therefor? Sec 52, Chapter 9, Subtitle B, Title 1, Books V, EO 292, "Administrative Code of 1987 Yes: Cite Area Criteria Questions or | Explanation | Reference | Recommendation No Documents 24) Are the public officers and employees who are directly charged inthe processing, review and evaluation of documents made personally liable for unlawful expenditures of government funds or uses of government property resulting in the approval of said documents? 1.8 Supervision and | Supervision and control 25) Are those having Control includes the authority to | supervision and control act directly whenever a|take the responsibility specific function —_is | for the following: entrusted by law or| a. reviewing, regulation = toa approving, subordinate; direct. the reversing or performance of duty; modifying acts restrain the commission of and decisions of acts; review, approve, subordinate reverse or modify acts and officials or decisions of subordinate units?; officials or ~—units;|_b. determining determine priorities in the priorities in the 10 Yes Cite Area Criteria Questions or | Explanation | Reference | Recommendation No Documents execution of plans and execution of programs; and prescribe plans and standards, guidelines, programs?; plans and programs. c._ prescribing standards, guidelines, plans and programs? 1.9 Administrative | “Administrative supervision |26) Are those having Supervision is limited to the authority | administrative of a department or its supervision over an equivalent to generally | agency/organization oversee the operations of such agencies and ensure that they are managed effectively, efficiently and economically without interference with day- today activities. The department can require the submission of reports and cause the conduct of ‘management audit, performance _ evaluation and inspection to

You might also like