PHILIPPINE NATIONAL RAILWAYS EXECUTIVE SUMMARY A. Introduction The Philippine National Railways (PNR) is a wholly-owned government corporation created on June 20, 1964 by virtue of Republic Act No. 4156 to provide nation-side railroad and transportation system. Subsequently, on August 20, 1971, RA 6366 was issued amending certain provisions of RA 4156 with the objective of rehabilitation and modernization of transport facilities to effectively perform mandated tasks. With the expanded role of the PNR in the total economic and social development of the country it was imperative to facilitate the restoration of abandoned lines, and expansion of line services; thus, re-amendment of several provisions of the Corporate Charter was made four years later upon the issuance of Presidential Decree No. 741 on July 3, 1975. Among the changes made to expeditiously attain the objectives is the increase in the Corporation’s authorized capital stock to P1.5 billion. As a policy, the PNR shall be administered with the view of serving the interests of the public by providing maximum service yet ensuring economy in operation with the service rendered at minimum passenger and freight prices possible. Pursuant to its existing Charter, the PNR’s term of existence is for fifty years expiring in year 2014. The policies and programs of the PNR are synchronized and coordinated with the Department of Transportation and Communication (DOTC). The corporate powers of the agency are vested in and exercised by its Board of Directors composed of the Chairman, Vice Chairman, and 7 members. Pursuant to Executive Order No. 366 and its Implementing Rules and Regulations and Memorandum Order No. 190, s. 2005, the Rationalization Plan of the PNR was approved in May 2008. Aside from the Offices of the General Manager and the Assistant General Manager, PNR management in the Organization Structure of the PNR as rationalized in 2008 is comprised of 4 departments and 18 division offices. Also among the highlights in the rationalization is the reduction in regular workforce as a result of outsourcing/contracting out. The authorized number of positions was reduced then from 3,064 to 199. Actual manpower complement as of December 31, 2012 consists of a total of 204 permanent employees and 1,375 job order employees. B. Financial Profile (In thousand pesos) Comparative Financial Position Assets Liabilities Equity/Capital Deficiency 2012 2011 Increase/(Decrease) % 53,102,554 25,956,031 27,146,522 13,621,810 25,607,009 (11,985,199) 39,480,744 349,023 39,131,721 289.8 1.4 326.5 Comparative Results of Operations Total revenue Total expenses Total other income (expenses) Subsidy from National Government Net income (loss) 2012 2011 Increase/(Decrease) % 397,641 1,143,950 567,572 128,653 (50,083) 354,243 1,049,993 (52,170) 779,995 32,075 43,398 93,957 619,742 (651,342) (82,158) 12.3 8.9 1,187.9 83.5 256.1 C. Scope of Audit The audit covered the transactions and accounts of PNR for CY 2012. The audit involved performing procedures to obtain audit evidence to determine the fairness of presentation of the financial statements and the propriety of the financial transactions in accordance with the Philippine Standards of Auditing, applicable laws, rules and regulations. D. Independent Auditor’s Opinion As stated in the Independent Auditor’s Report presented in Part I of this Report, the Auditor rendered an adverse opinion on the fairness of presentation of the financial statements of the PNR as of December 31, 2012 for reasons stated therein. E. Significant Audit Observations and Recommendations Hereunder is a summary of the significant audit observations, with details presented in Part II.A of this Report: 1. The Land account carried an appraised value of P40.05 billion determined by PNR Management based on BIR zonal valuation as of December 31, 2012, and not on fair market value determined by an independent appraiser or reputable expert, as required in COA Resolution No. 89-17. The appraisal which resulted in huge leap of the book value of Land from P704.01 million, or a gigantic increase of P39.35 billion or by 5,689.60 % was done 31 years after its appraisal in 1981, contrary to PAS 16 which requires that revaluation should be made with sufficient regularity to ensure that the carrying amount does not differ materially from that which would be determined using fair value at the balance sheet date. Likewise, the appraisal with significant impact on the financial statements was not supported with authority from the PNR Board. Recommendations: We reiterated our recommendation that the PNR hire an independent and qualified appraiser, as required in COA Resolution No. 89-17 and PAS 16, to determine the fair market values of the major class of assets under Property and Equipment, using the Masterlist of Real Property prepared by the Real Estate Division as a tool/guide in locating the land owned and utilized in operations for proper valuation. 2. The carrying value of the PNR Hospital (Land and Land Improvements) per books of P1.73 million was not adjusted to reflect the prevailing fair market value of P254.86 million at the time of sale, and the increase of P219.75 million in book value of the PNR Hospital arising from the appraisal conducted in year 2009 was booked up only upon its sale in 2010 as Gain on Sale of Asset and not as Revaluation Surplus. Had this been recorded as Revaluation Surplus, the sale would result in net loss of P863,360, and not in net income of P219.75 million. On the other hand, the selling price at P70.31 million of the three parcels of land sold to LRTA was based on BIR zonal valuation, and not on its fair market value, and the increase in book value was likewise recognized as Gain on Sale of Assets instead of Revaluation Surplus, resulting also in an increase in Net Income amounting to P70.26 million. Recommendation: Accounting adjustments should be taken up on the sale of the PNR Hospital and the three parcels of land to LRTA to correct the balances of affected accounts in the books of the PNR. 3. The existence, validity and valuation of the Property, Plant and Equipment (PPE) with year-end balance of P17.11 billion (gross historical value), comprising 32.2% of total assets were not ascertained due to incomplete physical inventory taking and absence of Schedule of PPE and equipment ledger cards with detailed information on the assets comprising the account. Likewise, there was no designated property custodian responsible in monitoring and control of fixed assets other than office furniture, fixture and equipment thus persons accountable thereon could not be pinpointed. Recommendation: Direct the Inventory Committee to fast track the conduct of physical inventory and the submission of a report on the results thereof reconciled with the property and accounting records which on the other hand, should be completed and updated. 4. Depreciation Expense of P181.91 million in CY 2012 was understated as it was computed only on selected items under PPE and not on all items comprising PPE, contrary to PAS 16, and resulting in understated net loss reported during the year. Recommendation: The Controllership Division should prepare a detailed Schedule of PPE to provide basis for the computation of Depreciation Expense yearly, which should be applied consistently for the items comprising PPE. 5. Accounts Payable with year-end balance of P137.43 million was not valid due to recording of certified obligations amounting to P114.14 million without documentation on the incurrence thereof. Also, the current practice of recording pre-audited disbursement vouchers as reduction (credit) to Cash-inBank account instead of Accounts Payable without preparation yet of the check covering payment of the obligation casted doubt on the accuracy of the balances of the Accounts Payable and Cash in Bank accounts. Recommendations: a. Stop the practice of recording liabilities without complete documentation of the incurrence of obligations; b. Record obligations only upon receipt of goods and service procured; and c. Record disbursements only upon preparation and approval of the check covering the obligation to be settled with a debit to Accounts Payable and a credit to Cash In Bank. We issued Notice of Suspension No. 13-001-401-(12) dated July 9, 2013 requiring the submission of documents supporting JEV 549 to establish the validity of the obligations. 6. Costs of repair and maintenance, and replacement of parts totaling P83.32 million were improperly capitalized and charged to Construction in Progress (CIP), contrary to PAS 16. Also, supply and delivery contract costs totaling P42.26 million were recorded as CIP without proof of receipt of goods and service rendered. Thus, the CIP was overstated by P125.58 million with corresponding overstatement of Accounts Payable, and understatement of Repair and Maintenance Expense and Tools and Other Equipment. Likewise, the balance of CIP amounting to P2.57 billion as of December 31, 2012 was not accurately stated as the completed components of the NorthrailSouthrail Linkage Project and improper charges in the previous years were still part of the CIP balance and were not yet reclassified to proper accounts. No detailed schedule or breakdown by project to fully account the balance could be provided. Recommendations: a. The cost of labour, small parts or consumables for day-to-day servicing be budgeted and accounted as Repairs and Maintenance charged to current year’s income instead of part of carrying cost of CIP; b. Replacement items delivered which could be directly identified to the related fixed assets be treated part of their carrying costs with the replaced parts derecognized from the books if these could be measured reliably; c. The Controllership Division should conduct thorough analysis of past transactions recorded under the CIP account and adjust to PPE accounts or Adjustment of Prior Year’s Income account all inappropriate charges to the CIP account; and d. A project status report should be prepared to support the year-end balance of CIP. 7. The reported balance of Other Assets of P15.97 million consisting of nonoperating property and materials in-transit property was understated due to non-recognition as part of the account, unserviceable and disposable assets found in PNR workshops and compound. Also, the unserviceable and disposable government property were not adequately safeguarded. Recommendations: a. Conduct periodic inventory and inspection of the stocks of unserviceable property to avert possible losses; and, properly account the non-operating property under Other Assets; b. Considering that the non-operating assets are subject to further obsolescence and diminishing market value, immediately conduct the disposal process thru auction or sale of the obsolete and no longer needed property to generate fund for operational needs; and c. Designate a property custodian for the unserviceable and disposable assets 8. Deficiency tax liability amounting to P218.64 million was not recognized in the books, or disclosed in the Notes to Financial Statements, contrary to PAS 37. This pertained to real property taxes assessed by the City of Manila which were covered with Memorandum of Agreement to be settled thru “Dacion en Pago”. Recommendation: Considering that the issue on the PNR’s exemption from payment of real property taxes to the City of Manila has not been resolved yet, we recommended that Management disclose in the Notes to Financial Statements the real property taxes initially agreed settled in the concept of “Dacion en Pago” in accordance with the Memorandum of Agreement dated December 2, 2003, by and between the PNR and the City of Manila. 9. Delivery of “Larch” Wood ties with total cost of P47.13 million (net of Expanded Withholding and Value Added Taxes of P2.67 million) and acceptance thereof by Management even if not in accordance with the specification required and approved by the PNR Board of Directors, was extremely disadvantageous to the government and the general public who are the intended beneficiaries of the items procured. All supporting documents relative to the transaction to wit: board resolution, BAC resolution, bidding documents, notice of award, notice to proceed, and contract agreements specified the procurement of “Yakal” (hard) wood and not “Larch” (soft) wood. Moreover, based on the results of laboratory test conducted by the Forest Products Research and Development Institute of the Department of Science and Technology, the sample larch wood tested, ranged from low to moderately low as to strength classification and related properties. Wood ties of inferior quality would have shorter life span; installation with modification would entail additional cost on support; and, more importantly could pose hazard at the railroad tracks and endanger train commuters’ lives. Recommendation: Finding the amendment to the contract agreements through letter of conformity null and void; and, the Larch wood paid for not in accordance with the required and approved specification as indicated in the board resolution, BAC resolution, bidding documents, notice of award and notice to proceed, we issued Notice of Disallowance for the payments made to the Supplier of ‘larch’ wood bridge, switch and joint ties. We recommend that appropriate action, administrative or criminal, or both be initiated against those who participated in the transaction. 10. A P10.61 million reimbursement representing the cost of repair, maintenance, fuel, salaries of Train Drivers and Conductors, and overtime of PNR personnel was deducted from the rental fees on the use of PNR locomotives and equipment collected from the Contractor for the Supply and Distribution of Ballast for the Reopening of the Bicol Line Project, WITHOUT ANY VALID BASIS as there was no provision in the Contract Agreement between the PNR and the Contractor that the PNR shall defray the operating and maintenance costs nor was there an addendum or separate lease agreement executed for the purpose, and the claim was not adequately documented. Moreover, the Contract Agreement did not provide for rental rates, and the amount determined payable using PNR Marketing Circular No. 385 as basis which took effect on November 8, 2000 amounted to P13.45 million for the locomotive and gravel car, and P0.81 million for the tamping machine or a total of P14.26 million of which only P11.37 million had been recognized by the Contractor, with a difference of P2.89 million. Thus, after deducting the P0.76 million already collected from the Contractor, the balance of rental fees still to be collected from the Contractor amounted to P13.50 million. Recommendation: In view of the non-compliance on the Contract Agreement and payment made to the Contractor on the supply and distribution of ballast without any valid basis, we issued Notice of Suspension No. 13-003-107-(12) issued dated July 17, 2013 requiring the submission of justifications/explanations and documents pertinent to the transactions. 11. The accuracy and validity of salaries and wages of P242.10 million were not ascertained as the payrolls on wages of contractual workers from January to May 2012 were not submitted as of audit date. On the other hand, those covering June to December 2012, including the monthly payrolls for regular employees for year 2012 were submitted late, and were not properly supported with Daily Time Records, Payroll Register for regular employees, and hard and soft copy of Schedules of Salary Remittance to Banks for Deposit to Savings/Checking Accounts of Employees, the latter being provided to the depository bank as basis in determining the actual recipients of salaries and wages paid thru bank’s ATM. The reported huge increase of 75.6% in wages of contractual workers amounting to P76.65 million was highly questionable considering that increase would amount only to approximately P25.29 million for the wages of the newly hired/additional 162 contractual workers even assuming that all started beginning of the year. Recommendation: We recommended immediate and complete submission of CY 2012 payrolls covering wages of hired contractual workers together with supporting documents, including soft copies of payrolls submitted to the bank. Also, we requested that we be provided with a copy of the investigation report and results of the internal audit, for our reference in audit 12. Existing controls in the sales and remittance of proceeds from train tickets were not adequate to ensure the accuracy of earned and reported rail revenue. Recommendation: Management should evaluate and strengthen its operating and monitoring controls on sales and remittances of cash proceeds from train tickets; and adhere to the pertinent provisions of the GAAM in the handling and monitoring of collections. 13. Water and Electricity Expenses in CY 2012 were overstated by P695,993 as this amount pertained to prior year’s expenses. Also, the average cost of electricity per month of P355,671.83 incurred for the PNR workshop, and P38,472.94 for the Higgins idle building were doubtful since normally the expected demand on supply of power would be lesser and nil, respectively. Recommendations: Necessary accounting adjustment should be made to reflect the actual water and electricity expenses in CY 2012; that investigation be made to ascertain whether illegal connections exist; and that unpaid obligations be verified to confirm their validity. 14. Rules and regulations on granting, custody or handling, utilization, and liquidation of Revolving/Petty Cash Fund were not observed by the PNR Special Disbursing Officers Recommendations: a. Rules and regulations prescribed in COA Circular No. 97-002, the pertinent provisions of the GAAM and PD 1445 on the granting, custody, utilization and liquidation of cash advances or revolving fund to correct the foregoing deficiencies and lack of internal controls, be strictly complied with; b. Office Orders be issued in the designation of SDOs indicating the name of the petty cash custodian, designation, purpose and amount of the cash advance or revolving fund to be granted/maintained, among other items; c. Government fund be kept separate from personal fund to avoid possible misuse; d. All designated SDOs be required to maintain the official cashbook to record their transactions which should be periodically reconciled with the accounting records; e. PCVs be prescribed for use, pre-numbered for monitoring purposes, accomplished by the requisitioner/end-user, signed by the custodian of fund, and approved by the Head of the Department or Division to signify authority on the use of the cash advance or revolving fund; f. Function of authorization and the custodial function involving execution of transactions be segregated and not provided under the control of an individual employee; department or division managers should not be designated as custodians of petty cash funds; and the custody and disbursing functions including proper recording of transactions in the cashbook may not be assigned to other regular employees of the concerned office; Proper segregation of duties and functions for effective check and balance be observed. 15. The existence, validity and accuracy of Cash-in-Bank account with year-end balance of P308.76 million were not ascertained due to unreconciled discrepancy between balances per books and the results of bank confirmation amounting to P19.10 million, and unconfirmed balances of P13.63 million. Likewise, Bank Reconciliation Statements for the months of April to December 2012 for 16 bank accounts were submitted only in June 2013, delays ranging from 5 to 13 months. Further, balances per books and balances per Cash Position Report of the Budget and Cash Division showed unreconciled variances totalling P12.56 million. Recommendations: We reiterated strict compliance with the provision of Section 74 of PD 1445 on monthly reports of depositories to agency head which provides that, ”At the close of each month, depositories shall report to the agency head, in such form as he may direct, the condition of the agency account standing on their books. The head of the agency shall see to it that reconciliation is made between the balance shown in the reports and the balance found in the books of the agency.” 16. Of the total Overtime Pay (OT) of P3.48 million, the amount of P3.37 million represents claims for payment without supporting documents, to wit: authority to render OT, work program, accomplishment report, and DTRs as prescribed in COA Circular 2012-001; while, the balance of P0.11 million was not supported with duly accomplished OT requests prior to the rendition of OT. Recommendations: a. Strictly comply with the requirements of COA Circular No. 2012-001 on the Revised Guidelines and Documentary Requirements for Common Government Transactions; and b. Submit Daily Time Records, OT accomplishments and other required documents, including justification/s on the OT claims of the Division Managers and Railway Operations Officers and supervisors. We issued Notice of Suspension No. 13-002-719B-(12) dated July 9, 2013 requiring the submission of documents to support the overtime expenses recorded in the books. 17. Due to the GSIS-Personal Share on Life and Retirement Premium account carried an abnormal debit balance totaling P2.50 million due to overcharging of delayed remittances of premiums of prior years which were not set-up to as payables. Recommendation: The Controllership Division should conduct thorough review of the CY 2010 and 2011 payrolls for salaries of PNR employees to verify and ascertain that the amount remitted to GSIS is equal to the premium contributions actually withheld from their salaries; and effect rectification of the over-remittances and under-remittances in CY 2012. 18. The utilization of fund for Gender and Development in CY 2012 was not related to the promotion of gender awareness and sensitivity. Recommendations: a. Submit the lacking documents to prove the propriety of the transactions including original copies of the daily attendance sheets signed by the participants and a copy of the survey sheet on the intention of the proposed participants in the seminar; b. In the seminar conducted last December 6 to 8, 2012 at PNR Naga Station, submit justification on the excess number of participants, from 50 persons in the Estimated Cost of Seminar Expenses attached to the DV on the request for SCA to 72 participants claimed to be in actual attendance. The increase in number of participants increased the cost of seminar expenses to P42,430 compared to the budgeted amount of P37,915 per class; c. Submit an explanation on the over-acquisition of 120 pieces of ballpens bought for the 55 participants in the second seminar conducted at the PNR Building on December 12 to 13, 2012; d. Consider all expenses incurred in the seminar conducted at the Naga Station on January 16 to 17, 2013 amounting to P30,707 in CY 2013; and e. The Controllership Division should effect the necessary correcting entries to present the actual expenses incurred in CY2012. 19. Expenses of P221.52 million and revenue of P3.94 were not immediately recorded at the time when earned or incurred that resulted in adjustments to Prior Years’ Income and certified Accounts Payable of P70.35 million prior to closing of the books. Recommendation: Transactions should be recorded as they occur to ensure complete recording thereof and avoid misstatement of account balances. 20. Fund proposed for terminal leave benefit was used to pay for monetized leave credits, payment of which is not in conformity with established rules. Recommendation: Management should strictly abide by the guidelines in the Omnibus Rules Implementing Book V of Executive Order 292 issued by the Civil Service Commission, and the provisions of Budget Circular No. 2002-1. Pursuant to Budget Circular No. 2002-1, any payment on monetization of leave credits not in accordance with its provisions shall be the personal liability of the Head of the Agency, however, without prejudice to a refund of the concerned employee. 21. Unsettled audit suspensions, disallowances and charges as of December 31, 2012 amounted to P1.29 million, P15.87 million and P120.04 million, respectively. Recommendation: Management should undertake appropriate action to ensure settlement of the disallowances and charges which had been decided with finality; and, ensure compliance with the requirements for transactions suspended in audit. F. Status of Implementation of Prior Year’s Audit Recommendations Of the 14 audit recommendations disclosed in the CY 2011 Annual Audit Report and presented in Part II. B of this report, only two were implemented, eight were partially implemented and three were not implemented while, one cannot be confirmed as without similar transaction noted during the year.