Part I Executive Summary 1 EXECUTIVE SUMMARY BACKGROUND Governments around the world consider effective performance management and reporting systems as a vehicle for enhancing public accountability and driving the achievement of government outcome. In line with this principle, the Philippine Government, through the Department of Budget and Management (DBM) and the National Economic Development Authority (NEDA), embarked on projects to further strengthen accountability mechanisms and improve public expenditure management. One of the projects that was initiated by the DBM for this purpose was the Public Expenditure Management Improvement Project (PEMIP). The objectives of the PEMIP are as follows: To enhance aggregate fiscal discipline; To improve resource allocation; and To promote operating efficiency at the agency level. The major components of the PEMIP are as follows: Medium-Term Expenditure Framework (MTEF); Agency Performance Measurement System; Agency Managerial Flexibility; and Performance Incentives. The Philippine Government started to introduce the MTEF and the Organizational Performance Indicator Framework (OPIF) through the FY 2000 National Budget Call. This was refined in the FYs 2001- 2002 budget calls, with the introduction of periodic assessment of on-going Programs, Activities and Projects (PAPs). These projects are subjected to the Sector Effectiveness and Efficiency Review (SEER). The MTEF, OPIF, and SEER constitute the three pillars of the Government’s public expenditure management reform program. 2 EXECUTIVE SUMMARY Under the MTEF, the budget will be restructured to cover a number of years to better support the Government’s development strategy and improve technical efficiency in the sectors by “providing a more predictable resource environment for program planning and implementation.” Hand in hand, the concept of performance indicators was introduced through OPIF. The indicators were intended to be linked to the organization’s performance in order to encourage government agencies to allocate and/or reallocate resources towards high priority PAPs. Under OPIF, the appropriate final output directly linked with the actual organization performance of the agencies will be identified and developed. A final output is a good or service produced or provided by an organization which is consumed or used by an external client. Another project of the government which is related to performance reporting is the Formulation of Performance Indicators and Standards for Development Administration (FPISDA) Project. This project was undertaken by NEDA in relation to the paradigm shift in governance which is called “development administration” covering six areas of concern including, among others, reengineering or streamlining the bureaucracy, privatization and decentralization. Under the project, NEDA commissioned the Development Academy of the Philippines (DAP) to formulate performance indicators and standards on the areas of concern of development administration. These indicators are intended to monitor and evaluate government’s performance under the new concept of “development administration”. The ultimate objective of FPISDA is a shift to performance-based planning, programming and budgeting system. In line with the government’s efforts to improve public expenditure management and strengthen accountability, a study on the existing performance reporting system of selected government agencies was undertaken. Performance reporting is considered as an integral part of the government’s accountability framework. Reporting is the final phase of any activity and the resultant reports are considered to be the windows of accomplishments. For this reason, performance reports to be useful must be credible. Performance reports of government agencies are used by different sectors. Internal users or the management use the report to assess and monitor the progress of a particular activity in relation to its intended outcome. External users are using the reports for different purposes. The DBM and legislative bodies need performance reports for budget allocation purposes. The Office of the President uses the reports for monitoring the performance of the agency officials and as an input in the President’s State of the Nation Address (SONA). 3 EXECUTIVE SUMMARY The NEDA uses the agency’s reports as basis for assessing the extent of implementation of socio-economic and development programs of the government. Other external users of reports are the general public and the media. This audit covered the evaluation of existing reporting systems of six (6) government agencies including the Department of Justice (D0J). The DOJ, with its mission to “uphold the RULE OF LAW” and ensure the effective and efficient administration of justice in the country, is the primary agency mandated to provide the government with a principal law agency. It also acts as the government’s legal counsel and prosecution arm by administering the criminal justice system in accordance with the accepted processes comprising of the investigation of crimes, prosecution of offenders and administration of the correctional system, implementation of laws on admission, stay and citizenship of aliens, administration of the titling system, settlement of land problems involving small land owners and members of indigenous cultural minorities and provision of legal assistance to indigent members of society. The authority and responsibility for the exercise of the powers and discharge of functions of the DOJ are vested in the Secretary of Justice, who is assisted by four (4) Undersecretaries and three (3) Assistant Secretaries. The DOJ is divided into five (5) organizational units composed of: 1. 2. 3. 4. 5. The National Prosecution Service; The Legal Staff; The Technical Staff; The Administrative Service; and, The Financial and Management Service The National Prosecution Service (NPS) is the prosecution arm of the Department and is the main focus of this audit. In pursuance of its mandate, the DOJ received appropriations amounting to P1.719 billion in 2002, and P1.323 billion each year in 2001 and in 2000. Of the total appropriations for 2002, 60.02% or P1.031 billion was earmarked for the maintenance and operations of the Prosecution Services, being the major program component of the DOJ, apportioned as follows: 4 EXECUTIVE SUMMARY Programs and Activities Personal Services Maintenance & Other Operating Expenses Total Amount % to total appropriation P 1,000,605,000 58.196% 31,308,000 P 1,031,913,000 1.821% 60.017% AUDIT OBJECTIVE The audit was conducted to assess the efficiency and effectiveness of the performance reporting system of the NPS giving consideration to the sufficiency of performance indicators and the reliability, relevance, and completeness of performance information. AUDIT SCOPE AND METHODOLOGY The audit covered the evaluation of performance reports rendered by six (6) selected medium-sized government agencies for CYs 2001 and 2002 which include the DOJ. The audit focused on the performance reporting system of the prosecution program implemented by the NPS in the National Capital Region (NCR). The team evaluated reports covering CYs 2001 and 2002, submitted by selected City Prosecutors’ Offices (CPOs) of Pasig, Makati, Kalookan, Manila and Quezon City. These CPOs cover 53% of the total number of complaints received as of November 2002. To achieve the audit objective, the team considered the following key criteria for assessing the effectiveness of the performance reporting system: Complete and informative reports Accurate and reliable reports Timely submission of reports Sufficiency of performance indicators 5 EXECUTIVE SUMMARY During the audit, the team performed the following procedures: a. Reviewed existing policies and guidelines on reporting of accomplishments of the NPS b. Interviewed the Chief State Prosecutor, City Prosecutors and other key personnel who are directly involved in the preparation of the report c. Reviewed accomplishment reports and other relevant reports prepared by the NPS relative to the investigation of complaints and prosecution of cases d. Assessed the sufficiency of performance indicators in reporting accomplishments e. Validated the reporting system in place in the NPS and selected Offices of the City Prosecutors and State Prosecutors within the NCR The audit was conducted from November 18, 2002 to March 31, 2003 in compliance with COA Office Orders Nos. 2002-518 and 2002-518A dated November 15 and 25, 2002, respectively, and pursuant to COA Memorandum dated February 13, 2003. AUDIT CONCLUSION The existing performance system of the NPS needs improvement to ensure the generation of reliable, complete and informative reports. This situation is partly due to insufficient performance indicators to measure the achievement of the prosecution program’s objectives. In view of this deficiency, the reports could not be used as bases for assessing the effective disposition of cases. As required under existing regulations, investigation of cases should be completed within 60 days. The team noted that the reports merely enumerate the activities and outputs accomplished during the period without relating such outputs to the program’s intended results and outcome. This hinders the conduct of an effective evaluation of the NPS performance which is geared towards assessing the achievement of the objective and identifying existing weaknesses affecting the speedy disposition of cases. 6 EXECUTIVE SUMMARY Likewise, the consolidated NPS reports could not be relied upon due to the absence of validation of reports submitted by the Prosecutors. Moreover, the consolidated reported accomplishments do not reflect the total reported accomplishments of the Prosecutors. The audit further disclosed that about 74% of the monthly reports to be submitted by the Prosecutors from January to November 2002 were not submitted at all. In such case, the DOJ was not even informed on the activities being undertaken by the Prosecutors and their effect in the speedy disposition of cases. Considering the importance of reports as a source of information for assessing the impact of government projects and for improving public confidence, the team recommended measures to address these concerns for consideration by the DOJ. MANAGEMENT’S REACTION TO AUDIT OBSERVATIONS The results of the audit were discussed with the concerned officials and employees of the DOJ in an exit conference conducted on October 10, 2003. The DOJ accepted the team’s observations and had taken initial steps to address these concerns. 7