EXECUTIVE SUMMARY A. INTRODUCTION Under Executive Order (EO) No. 710 dated July 27, 1981, the Ministries of Public Works and Public Highways were merged for a more effective and sustained implementation of infrastructure projects. Under the restructured set-up, the agency was known as the Ministry of Public Works and Highways (MPWH) with 14 regional offices, 94 districts and 60 city engineering offices, five bureaus and six service offices, in addition to corporations and councils attached to the Ministry for administrative supervision. By virtue of EO No. 124 dated January 30, 1987, the agency was renamed as the Department of Public Works and Highways (DPWH). The DPWH functions as the engineering and construction arm of the Government tasked to continuously develop its technology for the purpose of ensuring the safety of all infrastructure facilities and securing for all public works and highways the highest efficiency and quality in construction. It is currently responsible for the planning, design, construction and maintenance of infrastructure, especially the national highways, flood control and water resources development system, and other public works in accordance with national development objectives. The agency is composed of 9 service offices, 6 bureaus, 6 Unified Project Management Office (UPMOs). It has also 17 Regional Offices and 181 District Offices. The DPWH is headed by a Secretary and assisted by seven (7) Undersecretaries. Name of Official Position/Designation Mark A. Villar Department Secretary Rafael C. Yabut Senior Undersecretary for Regional Operations in Mindanao Ma. Cristina Catalina E. Cabral Undersecretary for Planning Service and Public-Private Partnership Karen Olivia V. Jimeno Undersecretary for Legal Affairs and Priority Projects Ardeliza R. Medenilla Undersecretary for Support Services Emil K. Sadain Undersecretary for Unified Project Management Office Operations and Undersecretary for Technical Services Dimas S. Soguilon Undersecretary for Regional Operations in Luzon Roberto R. Bernardo Undersecretary for Regional Operations in Visayas, NCR and Region IV-B Gilberto S. Reyes Assistant Secretary for Technical Services Elizabeth E. Yap Assistant Secretary for Support Services Eugenio R. Pipo, Jr. Assistant Secretary for Regional Operations in Luzon Maximo L. Carbajal Assistant Secretary for UPMO Operations 1 As of December 31, 2017, the agency has a total personnel complement of 63,077 inclusive of the regional and district engineering offices, composed of the following: Presidential Appointees Regular/Permanent Employees 60 69 Legend: Co-terminus with the Incumbent Job Order TOTAL 15,319 9 Authorized 63,077 16, 568 1,249 Filled-up Vacant 2,361 45,337 16,330 1,258 B. FINANCIAL HIGHLIGHTS Budget Utilization For CY 2017, the Departments’ total current appropriations amounted to P669,262,099,554.83. During the year, total allotments of P662,690,828,096.83 was received, of which P610,933,247,083.19 was obligated, leaving an unobligated balance of P51,757,581,013.64. Current Appropriation Agency Specific Budget 566,763,622,014.00 Continuing/ Extended Total Appropriation Automatic Appropriation Special Purpose Fund 721,556,394.04 Allotment 662,690,828,096.83 8,103,084,375.00 Obligations Incurred 610,933,247,083.19 93,673,836,771.79 Unobligated Allotment (Reverted) 51,757,581,013.64 669,262,099,554.83 Included in the current year regular appropriations of P566,763,622,014.00 are the appropriations from the Special Provisions in the GAA for FY 2017 of the Department of Public Works and Highways (DPWH) in the amount of P24,840,854,944.00 and Special Provisions in the GAA of other government agencies amounting to P115,777,514,788.00 intended for the implementation of various infrastructure projects. The status of fund utilization is shown in the next page. 2 Particulars Appropriations Allotments Unobligated Balances Obligations Incurred Special Provisions for the Department of Public Works and Highways 1. 2. Tourism Road Infrastructure Projects 12,365,137,944.00 12,365,137,944.00 12,142,284,613.38 222,853,330.62 Projects 12,475,717,000.00 7,762,927,613.00 4,995,384,265.16 2,767,543,347.84 24,840,854,944.00 20,128,065,557.00 17,137,668,878.54 2,990,396,678.46 Sub-total Special Provisions from Other Government Agencies 1. DA 6,463,959,788.00 6,463,959,788.00 5,985,938,739.15 478,021,048.85 FMR – Road Networks 5,916,914,788.00 5,916,914,788.00 5,494,026,777.37 422,888,010.63 Farm-to-Mill 547,045,000.00 547,045,000.00 491,911,961.78 55,133,038.22 109,313,555,000.00 109,313,553,970.00 104,890,178,395.87 4,423,375,574.13 Sub-total 115,777,514,788.00 115,777,513,758.00 110,876,117,135.02 4,901,396,622.98 Total 140,618,369,732.00 135,905,579,315.00 128,013,786,013.56 7,891,793,301.44 2. DepEd Financial Position and Performance The comparative financial condition and financial performance of the Department for Calendar Years (CY) 2017 and 2016 are shown below: 2017 Assets Liabilities Accumulated Surplus 2016 2017 2016 1,653,479,216,363 1,416,787,022,611 Revenue 2,982,693,073 1,929,642,237 80,889,914,687 76,726,245,016 Expenses 74,115,495,247 62,993,156,151 1,572,589,301,676 1,340,060,777,595 334,708,607,663 263,956,733,621 Surplus The increases in assets and liabilities were due to the increase in infrastructure projects implemented during the year, while the increase in revenue and other non-operating income was due to the recognition of penalties imposed on delayed delivery of goods and services from various suppliers and contractors. 3 C. OPERATIONAL HIGHLIGHTS Accomplishment per MFO The Department’s reported targets and actual accomplishments measured in terms of its major final outputs (MFOs) are as follows: MFO 1 MFO 1 163.30% MFO 2 113.90% MFO 3 Targets 123.30% Accomplishments Roads Constructed Roads Maintained 820.800 km 1,796.690 km 994.466 km 1,717.311 km MFO 2 Flood Controls Constructed/Maintained Bridges Constructed Roads Paved 317.090 km 414.213 km 1,755.000 proj. 5,626.750 lm 1,999.000 proj. 17,209.098 lm MFO 3 Airport Roads Constructed/Maintained Seaport Roads Constructed/Maintained 36.210 km 29.573 km Septage/Sewerage/ Rainwater Collector Constructed 2,625 units 2,782 units Legend: Target Actual Tourist Destination Roads Constructed/Maintained 107.200 km 235.820 km 90.335 km 233.243 km Note: The reported accomplishments include completed and ongoing prior year projects, thus, exceeding the current year targets. The negative variances under MFO 1 and MFO 3 were attributed to the additional projects sourced from the fund transfers and appropriations of other agencies which were prioritized during the year. D. SCOPE OF AUDIT The audit covered the financial transactions and operations of DPWH for the year ended December 31, 2017. The objectives of the audit were to (a) verify the level of reliance that may be placed on Management’s assertions on the financial statements; (b) determine the extent of compliance with applicable laws, rules and regulations; (c) recommend agency improvement opportunities; and (d) determine the extent of implementation of prior year’s audit recommendations. The Financial Statements (FS) as of December 31, 2017 consisted of the FS of the Office of the Secretary and all Regional Offices for Regional Agency Fund, Foreign-Assisted Projects Fund, Business Related Fund and Trust Receipts Fund. The results of audit on the accounts and operations of DPWH Region XII was not included in this report because the audit reports thereon was not transmitted yet as of this writing. The MVUC fund is not included in the financial statements presented in this Report. 4 E. INDEPENDENT AUDITORS REPORT The Auditor rendered an adverse opinion on the fairness of presentation of the consolidated financial statements of the DPWH due to accounting errors and deficiencies enumerated below: Cash and Cash Equivalents 1. The year-end balance of the Cash and Cash Equivalents accounts amounting to P11,826,504,815.00 was incorrect due to the (a) inclusion of unsubstantiated cash account balances aggregating P761,431,637.29; (b) unrecorded payments, lapsed cash allocations and fund transfers, and other book reconciling items which overstated the cash accounts by a net amount of P5,959,954.96; and (c) non-submission of Bank Reconciliation Statements (BRS). (Observation No. 6) We recommended that Management: a) Require the Composite Team to periodically submit its report within the set deadline to monitor the progress of work being done and the extent of reconciliation being made on the unreconciled balances; otherwise, initiate administrative action against the members of the Composite Team if found to be remiss in their duties; b) Prepare the necessary adjusting entries to correct the recoding errors noted; and c) Coordinate with the concerned top officials of the LBP for the release of the bank statements and immediately prepare the BRS and submit the same to COA for verification. Receivables 2. The accuracy and existence of the Receivables account amounting to P17,177,419,231.00 was doubtful due to the (a) dormant Accounts Receivables and Other Receivables amounting to P6,798,059.01 and P19,724,913.86, respectively, which are doubtful of collection but for which no allowance for impairment was provided; (b) unrecorded Receivable-Disallowance/Charges of P8,316,118.62; (c) unliquidated Inter-Agency Receivables aged over one year amounting to P3,998,686,225.51, P80,366,243.00 of which pertain to unimplemented projects; and (d) unreconciled difference of P615,818,003.65 between the DPWH and IA records. (Observation No. 7) We recommended that Management direct the Accountants concerned to: a) Continue sending demand letters to the concerned debtors and consider other legal actions to enforce collection of the receivables; b) Assess the collectibility of the receivables in order to provide an appropriate amount allowance for impairment, and if no available records are found despite efforts to locate the same, request for the authority to write-off the dormant receivables; c) Record the final and executory disallowance and enforce settlement thereof; d) Strictly monitor the status of liquidation of fund transfers and the implementation of intended projects, regularly follow-up with the concerned Agency Heads for the prompt liquidation of pastdue accounts and refund of unused/excess fund transfers, and for future projects, refrain from entering into contracts/Memorandum of Agreement with the identified delinquent government agencies until substantial liquidations have been made on their unsettled obligations; and e) Coordinate with the IAs to reconcile balances periodically. 5 Inventories 3. The Inventory account of P1,383,184,204.00 as of December 31, 2017 was understated by a net amount of P44,240,903.19 due to the (a) unrecorded issuances of inventories amounting to P13,811,706.82; (b) erroneous recording of inventory transactions with net amount of P15,658,626.37; and (c) direct recording of inventory purchases as expense amounting to P37,414,727.72. Moreover, the difference of P100,806,932.48 between the balances in the General Ledger and Report of Physical Count of Inventories casts doubt on the existence of the reported inventories. (Observation No. 8) We recommended and Management agreed to: a) Direct the Accountants concerned to prepare the necessary adjusting entries to correct the errors noted; and b) Instruct the Supply Officers concerned to promptly submit the RSMIs and update the Stock Cards to facilitate the recording of issuances and the reconciliation of records between the Supply and Accounting Divisions. Prepayments 4. The Advances to Contractors account of P42,852,844,872.00 as at December 31, 2017 was inaccurate due to the erroneous/non-recording of recoupments which overstated the account by P2,716,281.30 and inclusion of unsubstantiated balances aggregating P269,075,940.20 (Observation No. 9) We recommended that Management: a) Require the project engineers thru the Project Monitoring Division/Group and Project Management Office to submit the Certificates of Completion on completed projects so that the payables to the contractors can be recorded, net of advances to be fully recouped; b) Make the necessary adjusting entries to correct the recording errors noted; and c) Require the Composite Team to periodically submit its report within the set deadline; otherwise, initiate administrative action against the members of the Composite Team if found to be remiss in their duties. Property, Plant and Equipment 5. The Property, Plant and Equipment (PPE) balance of P1,577,800,804,463.00 was overstated by P6,622,798,794.28 due to (a) unrecorded transfers and disposals of PPE of P434,329,562.74; (b) unrecorded delivered PPE and unbilled completed infrastructure projects costing P549,094,782.32; (c) erroneous classification of intangible assets, repairs and maintenance expense, and semi-expendable inventories amounting to P373,144,405.01 as PPE; (d) failure to derecognize completed projects costing P7,458,027,639.18 that are already in the possession of the recipient agencies and missing PPE amounting to P40,754,665.55; (e) erroneous/non-recognition of depreciation in the amount of P245,182,601.79; and (f) completed projects of the MVUC Fund not yet recorded in the books of DPWH-OSEC Regular Agency Fund amounting to P1,338,790,632.12. Moreover, the non-reclassification of completed infrastructure assets costing P77,466,393,518.51 from Construction in Progress to the appropriate infrastructure Assets accounts; failure to recognize impairment loss for unserviceable properties with carrying amount of P29,293,776.19; difference of P54,788,106,760.60 between accounting and property records; and inclusion of undocumented balances in the total amount of P49,485,097,876.19 also rendered the reported PPE balance unreliable. (Observation No. 10) 6 We recommended that Management direct the Accountants concerned to: a) Prepare the necessary adjusting entries to correct the errors noted; b) Coordinate with the Monitoring Section to identify completed projects and secure Certificate of Completion as evidence for the reclassification of CIP accounts to the appropriate assets accounts and recording of the unbilled portion of contract costs; c) Require the concerned offices to prepare the turn-over documents as basis for the derecognition of assets which were already transferred to the recipient agencies; d) Maintain updated PPELCs and coordinate with the Property Custodian for updating of PCs and submission of the IIRUP in order to facilitate the reconciliation of accounting and property records and assessment of the unserviceable/damaged PPE as basis for the recognition of impairment loss; e) Cause the immediate verification of the nature of the unreconciled balances to provide details that would lead to its proper disposition; f) Require the personnel accountable for the missing PPEs to submit their Request for Relief from Accountability; otherwise, immediately demand the refund of the amount equivalent to the carrying value of the lost items; g) Impose proper control measures to ensure that all property accountabilities are settled prior to retirement/separation from government service or transfer of the officials/employees; and h) Investigate why the Accountable Officers were cleared from their accountability upon their retirement/separation from service, hold civilly and administratively liable officials/personnel responsible therefor, and enforce collection recovery of receivables from said officials/personnel. Liabilities 6. The total reported liabilities as at December 31, 2017 of DPWH amounting to P80,889,914,687.00 was overstated by P7,957,128,330.89 due to (a) non-reversion of long outstanding/dormant payables amounting to P8,415,398,206.85 aged more than two years against which no claim has been filed; (b) unrecorded liabilities for completed infrastructure projects and delivered PPE amounting to P549,094,782.32; (c) unrecorded direct payments of P90,824,906.36 to contractors/consultants by the Foreign Lending Institution (FLI); and (d) erroneous recording of inter-agency payables of P2,642,077.60. The unsubstantiated balances in the Accounts Payable and Inter-Agency Payables accounts totaling P164,360,370.86 also cast doubt on the accuracy of the reported liabilities as at year-end. Moreover, fund transfers received from various NGAs and GOCCs remained unliquidated.. (Observation No. 11) We recommended that Management: a) Revert the liabilities that have been outstanding for more than two years against which no claim have been filed; b) Direct the Accountants concerned to prepare the necessary adjusting entries to recognize the unrecorded payables and to correct the other errors noted; c) Make representation with the DBM Secretary for the issuance of the NCAAs as basis for recording the direct payments made by the FLIs; 7 d) Submit to the concerned Source Agencies the liquidation reports for its outstanding fund transfers and return/remit to the SAs or the BTr as the case may be, any unused funds; and e) Continue the analysis of the remaining unreconciled balances and adjust the liability accounts accordingly. Financial Statements 7. The financial statements (FS) were not restated to reflect the effect of prior period errors, change in accounting policy and other adjustments totaling P33,464,107,873.00, contrary to Paragraph 47 of the Philippine Public Sector Accounting Standards (PPSAS) No. 3, thus affecting the relevance, reliability and comparability of the financial statements. (Observation No. 12) We recommended that henceforth Management direct the Chief Accountant to restate the Financial Statements in compliance with PPSAS 3 to reflect the effects of the changes in accounting policy, prior period errors and other prior years’ adjustments in compliance with PPSAS 3. F. Other Significant Observations Hereunder are the other significant audit observations noted during the year and the corresponding recommendations, which are discussed in detail in Part II of this Report: Undisbursed Allotments 1. Of the total allotments received of P662,690,828,097.00 for CY 2017, P610,933,247,083.00 or 92.19% was obligated, however, only P222,661,912,628.91 or 34.14% thereof was disbursed due to the delayed/nonimplementation of infrastructure projects. (Observation No. 1) We recommended that Management: a) Facilitate the completion of the obligated projects in order to fully utilize/disburse the allotments received; and b) Henceforth, promptly initiate the procurement process and conduct adequate planning and monitoring to further improve the agency’s absorptive capacity in terms of obligation and disbursement of allotments received and avoid any adverse effect on future budget levels of the agency. 8 Delayed completion and non-implementation of projects 2. The DPWH was not able to efficiently implement its infrastructure projects as indicated by (a) 2,334 projects costing P62,588,012,032.57 which were not completed within the specific contract time; (b) 135 suspended projects with total cost of P6,073,489,357.61; (c) 15 terminated projects amounting to P2,104,853,058.88; and (d) 815 unimplemented projects with aggregate cost of P2,584,688,513.93, thus, depriving the public of the benefits that could have been derived from the immediate and maximum use of the said projects. Moreover, of the total delayed projects, 120 projects with total cost of P6,665,297,187.37 have already incurred negative slippage of 15% but no liquidated damages were imposed on the contractors nor were the contracts rescinded/terminated. (Observation No. 2) We recommended and Management agreed to: a) Facilitate the completion of on-going and unimplemented projects through constant coordination with concerned government and private entities and adequate monitoring and supervision of the work of the contractors; b) Institute the necessary remedies provided under the RIRR of RA 9184, such as, but not limited to, imposition of liquidated damages for delayed projects, rescission/termination of projects with negative slippage of 15% or more, and disqualification and/or the blacklisting of contractors; c) Initiate the immediate take-over process for terminated projects in order to facilitate the completion of the project; and d) Henceforth, minimize the delays in project implementation by: i. Conscientiously carrying out the detailed engineering to ensure that issues on RROW, funding, viability of the project sites and cooperation of the LGUs and other agencies/companies relative to the issuance of permits and clearances, are properly addressed prior to project implementation; ii. Thoroughly reviewing and evaluating the Program of Work to ensure that project designs and estimates are properly prepared and that all phases of the projects are covered to minimize variation orders and time extensions which often result in increased cost and delayed project completion; iii. Directing the BAC to properly verify and evaluate during post-qualification the operating conditions of equipment and other construction requirements, among others, to ensure adequacy, availability and suitability of the contractors’ technical capability; and iv. Strictly monitoring and supervising the projects implemented by the Department. 9 Incurrence of Commitment Fees 3. Low disbursement rate due to significant delays in the implementation of foreign-assisted infrastructure projects adversely affected the timely availment/utilization of the loan proceeds which resulted in the incurrence of commitment fees amounting to P27,647,128.58. (Observation No. 3) We recommended that Management: a) Accelerate the utilization of loan proceeds by adopting efficient and timely procurement procedures in accordance with the guidelines of the Foreign Lending Institutions (FLIs); b) Closely monitor the status/progress of the projects to ascertain that the strategies adopted are responsive to fast track the implementation of the projects, taking into consideration the remaining timeline of the projects; c) Prepare the necessary catch up plan/program for the completion of the projects, in case substantial delay occurred, to ensure that the project will be implemented on the target schedule; and d) Consider including a stipulation in the contract for the imposition of sanctions against the concerned contractors for commitment fees incurred due to their fault or negligence which should not be borne by the government. Unutilized School Buildings and Equipment 4. Completed school buildings and procured equipment costing P326,311,495.60 and P25,866,444.32, respectively, were not fully utilized thereby defeating the purpose for which government resources were spent. (Observation No. 4) We recommended that Management: a) Regularly coordinate with the Department of Education (DepEd) as necessary, particularly on addressing the following issues: Viability of the project/location sites to ensure that the school buildings have adequate power and water supply prior to project implementation; Possible inclusion in the program of works the cost of tapping of electrical line to the main source of power supply for succeeding school building projects; and Verification of the proper beneficiaries of the project during the planning stage to determine its necessity so that the real intent of the funds released would be attained; b) Request for additional funding for the procurement of auxiliary equipment, or return the Road Milling Machine to the Regional Office for transfer to other District Office which needs said equipment and has the capability to procure the indispensable support equipment; and c) Revisit Joint Circular (JC) No. 2013-1 to include the following: The accountability and responsibilities of the LGUs, being the end-users in the implementation of program/projects; 10 • Proper coordination mechanism between the DepEd, DPWH and LGU for the timely procurement of building structures and its goods and facilities for immediate/ready utilization of the school building; and • Joint monitoring and inspection between DPWH, DepEd and LGU during the project implementation. Technical Defects in various Infrastructure Projects 5. A total of 334 infrastructure projects of DPWH were found to have defects equivalent to at least P40,924,520.79 which, if not corrected/rectified by concerned contractors, may result in wastage of government funds and deprive the public of the maximum use of the infrastructures. (Observation No. 5) We recommended that Management: a) Require all the concerned contractors to rectify immediately the deficiencies noted to conform with the approved program of works or forfeit the Performance Security and consider blacklisting the concerned contractors who refuses to effect the necessary corrections; and b) Direct the Inspectorate Team to, henceforth, conduct regular and strict monitoring and supervision to ensure that all contractors undertake the projects in accordance with the approved program of works. Dormant and Unnecessary Bank Accounts 6. Dormant and unnecessary bank accounts amounting to P3,591,431.99 and interest income and excess proceeds of P33,419,152.10 were not remitted to the Bureau of Treasury, contrary to DOF-DBM-COA Joint Circular No. 4-2012 dated September 11, 2012 and Section 4 of the General Provisions of the General Appropriations Act of FY 2017. (Observation No. 6) We recommended that Management remit to the National Treasury the interest income and other excess/unutilized proceeds from sale of bids and collected conference fees. Unrecouped Advances to Contractors 7. Advances to contractors amounting to P1,295,058,503.76 and P523,549,657.53, were not recouped despite completion and termination of projects while additional advance payments of P41,538,634.96, in excess of the 15% advances, were granted for materials stored at the contractor’s warehouse, contrary to Sections 4.3 and 4.1 of Annex E of the Revised IRR of RA 9184. (Observation No. 9) We recommended that Management: a) Require the project engineers thru the Project Monitoring Division/Group and Project Management Office to submit the Certificates of Completion on completed projects so that the payables to the contractors can be recorded, net of advances to be fully recouped; b) Recover advance payments to contractors whose contracts were terminated by forfeiting the corresponding surety bond posted by the concerned contractors or by deducting the amount from the final payment of the project or from any other money claims due them, otherwise, the unrecouped amount from payment made shall be disallowed in audit; c) Strictly comply with Section 4.3 of Annex E of the Revised IRR of RA 9184 and impose administrative sanctions against erring personnel who fail to recoup the advances from the progress billings and/or surety bond of the contractors concerned, as warranted; 11 d) Require the immediate refund of the partial payments made on materials delivered on site to preclude disallowance threof; Excessive Rentals of Motor Vehicle 8. In Regions I and XI, rental of 184 motor vehicles for project supervision with a total cost of P158,675,629.30 was found excessive, contrary to COA Circular No. 2012-003 dated October 29, 2012 and DPWH Department Order No. 03 series of 2010. Likewise, the rented motor vehicles in Region XI remained undelivered as of December 31, 2017, casting doubt on the necessity of said transportation equipment in the supervision of projects. (Observation No. 13) We recommended that Management stop the practice of providing vehicle rentals per project and instead make it on a per project engineer basis especially if the projects are being implemented simultaneously. Excessive Contract Cost 9. The contract costs of various infrastructure projects implemented by the DPWH-NCR, CAR, IX, XI and XIII were found excessive due to cost estimates exceeding the COA allowable cost and inclusion of unnecessary work item. (Observation No. 14) We recommended that Management: a) Require the concerned contractors to refund the excess amount or deduct the same from any money due them, whichever is practicable;, otherwise, the same shall be disallowed in audit; and b) Direct the concerned personnel responsible in the preparation of the program of work to conform to DPWH rules, regulations and procedures in the preparation of cost estimates for all infrastructure projects to avoid excessive approved budget for the contract; and Non-compliance with the existing laws, rules and regulations 10. Certain provisions of RA 9184 and its Implementing Rules and Regulations (IRR) were not observed/complied with in the procurement of infrastructure and goods such as (a) projects were not awarded through public bidding, (b) absence of Project Procurement Management Plan and Annual Procurement Plan, (c) insufficient posting of warranty security, (d) splitting of purchases orders, (e) non-imposition of liquidated damages, and others, hence, defeating the purpose of transparency, completeness and economy in the procurement process. (Observation No. 15) We recommended that Management: a) Strictly adhere to the provisions of RA No. 9184 and its IRR in all stages of the procurement of infrastructure projects, goods, and services to ensure transparency, competitiveness and economy in the procurement process; b) Submit justification/explanation with corresponding supporting evidence for the use of alternative method of procurement; and c) Require the District Inspectorate Team to strictly monitor the condition of the completed projects of the agency during the defects liability period to determine any defective projects that would require repairs/rectification by the concerned contractors. 12 Payment of Right-of-Way Claimants 11. Payments made by DPWH-OSEC, Regions I, V, X, XI and XIII to Road Right of Way (RROW) claimants affected by the implementation of various infrastructure projects were not in accordance with the provisions of RA 10752 and COA Circular No. 2012-001 and other relevant laws, rules and regulations. Furthermore, implementation of several projects was delayed mainly due to several factors relative to the acquisition of RROW. (Observation No. 18) We recommended that Management: a) Require the submission of the documentary requirements under RA 10752 and assign a responsible officer to check, ascertain and ensure the completeness of the supporting documents in the payment of ROW claims; b) Direct the Accountant to comply strictly with the documentary requirements supporting the payment of ROW acquisition under Section 13 of COA Circular No. 2012-001 and Section 2.23, Item D of DPWH ROW Acquisition Manual. Likewise, ensure that only the modes of payment expressly authorized by law are followed by the Accountant in the payment of ROW acquisition claims; c) Strictly follow the provisions of the DPWH ROW Acquisition Manual and the DPWH DO No. 70 series of 2017 which require a 50% retention in case of acquisition of land and release the retention only upon proper transfer of title to the Republic of the Philippines or the annotation thereof of the Deed of Absolute Sale in the Register of Deeds, as the case may be; d) Include as a requirement for ROW claims the employment of the services of GFIs or IPAs in the determination of replacement costs of structure or improvement as provided in Sections 6.2 and 6.6 of RA No. 10752 to ensure transparency and promote the principle of check and balances; and e) Adopt a collaborative team approach where there is interactive and continuous communication, coordination and cooperation among different units, divisions and district offices of the DPWH and other government agencies concerned to immediately identify and address ROW issues. Undelivered Construction and Heavy Equipment 12. In DPWH-OSEC, 25 of the 90 units of various construction and heavy equipment remained undelivered as of December 31, 2017, 24 units thereof have already reached the maximum liquidated damages of ten percent (10%) of the total contract price, contrary to paragraph 3.2, Annex D of the IRR of RA 9184. Moreover, the validity of the performance bond posted by the same supplier for the supply and delivery of eleven (11) various heavy equipment has already lapsed even before actual delivery. (Observation No. 19) We recommended that Management: a) Require the suppliers to immediately deliver the remaining construction and heavy equipment including the various tools and supplies; b) Impose and deduct the corresponding liquidated damages from the claim of the suppliers for the delayed delivery and enforce the delivery/installation of tools and supplies and other deliverables as specified in the contracts; c) Impose appropriate sanctions against the erring suppliers in addition to the liquidated damages to be paid by them considering the importance of the items which it should have delivered within the time frame; 13 d) Rescind the contract and consider blacklisting the supplier whose liquidated damages already exceeded 10% of the contract cost; and e) Strictly monitor and comply with the performance security requirement of RA 9184 which shall remain valid until the issuance by the Procuring Entity of the Certificate of Final Acceptance. The above observations and recommendations were discussed with concerned Management officials in an exit conference conducted on June 1, 2018 and their comments were incorporated in this report, where appropriate. G. Summary of Total Suspension, Disallowances, and Charges As at December 31, 2017, unsettled suspensions, disallowances and charges amounted to P3,734,590,740.61, P2,264,529,032.17 and P5,369,129.01, respectively. Details are as follows: Beginning Balance (as of December 31, 2016) Audit Action Settlement this period (January 1 to December 31, 2017 Issued this period (January 1 to December 31, 2017) ND/NS/NC Ending Balance (as of December 31, 2017) NSSDC (in PhP) Notice of Suspension Notice of Disallowance Notice of Charge 4,699,908,692.53 1,620,447,394.24 2,585,765,346.16 3,734,590,740.61 2,287,991,034.50 1,810,054.85 25,272,057.18 2,264,529,032.17 4,361,500.00 1,166,716.47 159,087.46 5,369,129.01 The following are the status of balances of audit disallowances in DPWH Offices as of December 31, 2017: Region/ Office OSEC Final and Executory Without Appeal 13,804,054.20 NCR CAR 16,521.34 I - II III - IV-A VI 65,568.49 - Total 415,854,368.07 4,452,000.02 - 60,936,088.97 56,309.10 1,105,445.77 3,919,130.27 50,616,637.75 47,922,023.21 7,385,512.64 470,799.02 812,449.02 8,668,760.68 1,892,592.00 39,567,385.85 8,053,453.40 37,624,983.46 8,053,453.40 80,142,601.41 - 24,780,325.59 74,356,475.36 - 396,280,807.74 9,726,161.12 406,006,968.86 44,511,004.89 227,773,114.53 - 6,757,835.56 - VII Others 73,300.00 1,057,640.10 V On Appeal With COA Order of Execution - - 2,777,500.00 IV-B With NFD - 434,110,422.29 61,065,698.07 103,579,758.34 108,672,136.51 2,019,359.14 129,499.99 17,915,009.45 24,447,136.31 2,654,635.71 38,521,107.65 116,481,717.04 70,050,085.64 7,011,326.80 57,287,918.57 65,493,810.29 1,194,564.92 - VIII - - - - 167,534,834.96 167,534,834.96 IX - - - - 117,813,139.62 117,813,139.62 X - - - XI - - - XIII - - - Total 1,663,644.03 14,862,781.20 51,847,842.55 6,696,243.62 1,136,610,709.90 24,236,301.09 24,236,301.09 372,883,104.55 379,579,348.17 27,287,679.06 27,287,679.06 1,044,544,054.49 2,264,529,032.17 14 H. Status of Prior Year’s Recommendation The result of validation of the implementation of prior year’s audit recommendations are presented below: Year Reported 2016 2015 2014 Total No. of Outstanding Recommendations as of January 1, 2017 37 10 1 Partially Implemented 22 7 - Fully Implemented 9 3 1 Not Implemented 6 - Summarized hereunder are the audit observations with partially and unimplemented recommendations, the details of which are presented in Part III of this Report. Status/No. of Audit Recommendations Reference CY 2016 CAAR Obs. No. 3 pages 52-55 Obs. No. 4 pages 55-59 Observation Partially Implemented Not Implemented Delayed/non-implementation of project Overlapping implementation period for multiple projects awarded to same contractors Unutilized National Risk Reduction and Management Fund 1 Obs. No. 6 pages 61-65 Obs. No. 7 pages 65-69 Obs. No. 8 pages 69-71 Incorrect Cash Balance 2 Unliquidated fund transfers 1 Unliquidated fund transfers to FFCCCII 1 Obs. No. 9 pages 71-75 Obs. No. 10 pages 75-77 Understatement of Inventory balance Unliquidated Advances to Officers and Employees 1 Obs. No. 11 pages 77-81 Obs. No. 12 pages 81-86 Obs. No. 13 pages 86-89 Unrecouped Advances to Contractors Unreliable PPE account Balances 2 2 2 1 Obs. No. 5 pages 60-61 Unimposed Retention Money and Unreverted Guaranty/Security Deposits Payable with valid claims 1 1 1 1 1 Remarks Reiterated under Observation No. 2, Part II of this Report. Review of transactions for CY 2017 disclosed that the condition still exists in some DEOs Several projects funded out of the NDRRMF were not implemented. Reiterated under Observation No. 6, Part II of this Report. Reiterated under Observation No. 7, Part II of this Report. Inspection Reports supporting completed projects were submitted. The amount of P1,218,062.50 has been refunded but P3,765,000.00 remained unliquidated. Reiterated under Observation No. 8, Part II of this Report. Liquidation documents and request for write-off were submitted but other DPWH Offices still has outstanding cash advances Reiterated under Observation No. 9, Part II of this Report. Reiterated under Observation No. 10, Part II of this Report. Reiterated under Observation No. 11, Part II of this Report. 15 Status/No. of Audit Recommendations Reference Observation Obs. No. 14 pages 89-90 Obs. No. 15 pages 90-92 Unliquidated fund transfer released under the PDAF and DAP 1 Reiterated under Observation No. 11, Part II of this Report. Non-compliance with the Government Procurement Reform Act (RA No. 9184) 1 Reiterated under Observation No. 15, Part II of this Report. Obs. No. 18 pages 99-100 Non-restatement of effects of changes in accounting policy and prior period errors and inadequate disclosures in the Notes to the Financial Statements Excessive/Irregular expenditures 1 Reiterated under Observation No. 12, Part II of this Report. 1 Compliance with Government Insurance System Act of 1997 (RA 8291) Compliance with Tax Laws 1 Reiterated under Observation No. 13 and 14, Part II of this Report. Reiterated under Observation No. 23, Part II of this Report. Programs and Projects for Senior Citizens and Differently-Abled Gender and Development Plan (GAD) Enforcement of COA Suspensions, Disallowances and Charges 1 Incurrence of commitment fees on foreign-assisted projects Unimplemented project under the TouWa Program 1 Excessive contract costs 1 Non/Improper utilization of funds received from other NGAs, GOCCs and LGUs and excess funds not remitted to the BTr Unreliable balance of Accounts Payable Double Payment of Insurance Premium to GSIS- P2.584 Million 2 Obs. No. 19 pages 100-101 Obs. No. 20 pages 101-102 Obs. No. 21 pages 102-103 Obs. No. 22 pages 103-104 Obs. No. 23 pages 104-106 Obs. No. 24 pages 106-107 CY 2015 CAAR Obs. No. 3 pages 54-58 Obs. No. 4 pages 58-59 Obs. No. 6 pages 62-64 Obs. No. 15 pages 90-96 Obs. No. 16 pages 96-97 Obs. No. 17 pages 98-99 Total Partially Implemented Not Implemented Reiterated under Observation No. 26, Part II of this Report. Reiterated under Observation No. 21, Part II of this Report. Reiterated under Observation No. 20, Part II of this Report. Reiterated under Observation No. 27, Part II of this Report. 2 1 1 Reiterated under Observation No. 3, Part II of this Report. Fund transfers to LWUA were still not fully liquidated as of December 31, 2017. Reiterated under Observation No. 14, Part II of this Report. Reiterated under Observation No. 11, Part II of this Report. 1 Reiterated under Observation No. 11, Part II of this Report. A letter was sent by DPWH reminding GSIS about the excess payment, however, GSIS has not refunded the overpayment. 1 1 29 Remarks 6 16