Guidance On The Use of The Collected Liquidated Damages by The Local Government Unit

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Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT


REGION IV-A CALABARZON

MEMORANDUM

TO ALL PROVINCIAL AND HUC DIRECTORS

SUBJECT : GUIDANCE ON THE USE OF THE COLLECTED LIQUIDATED


DAMAGES BY THE LOCAL GOVERNMENT UNIT

DATE MAY 31, 2022

This has reference to the attached Memorandum dated May 23, 2022 issued by Dir.
Rolyn Q. Zambales, CESO III, Office of Project Development Services (OPDS),
regarding the abovementioned project.

In response to the inquiry of DILG Romblon, the OPDS sought legal advice from the
Legal and Legislative Liaison Service (LLLS) of this Department regarding the
imposition of Liquidated Damages (LD) on contractors for projects funded either under
the Local Government Support Fund (LGSF) or the LGUs’ 20% Development Fund,
specifically whether the funds collected as LD should be remitted to the Bureau
of the Treasury (BTr) or kept as LGU funds.

Hence, in its Memorandum dated May 19, 2022, the LLLS recommended to apply
plainly what is stated in the Commission of Audit’s New Governmental Accounting
System (NGAS) which is for Liquidated Damages to be treated as project cost
reduction that will likely result to an unexpended balance. For Local Government
Support Fund (LGSF), which requires reversion of unexpended balances, said
unexpended balance will be reverted back to the BTr, unless otherwise provided by
the General Appropriations Act and the implementing guidelines therefore.

Further, the LLLS also noted the response of the resource persons for APCPI
Trainings from the Department of Budget and Management (DBM), as provided by the
OPDS, that the liquidated damages will be recorded as a credit to the LGU’s
miscellaneous income. The LLLS opined that we may agree to this only insofar as the
liquidated damages are not financial assistance which requires reversion of
unexpended balances to the BTr. We are of the position that the Department may

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CALABARZON
W6»»n» ■wnnwiWfc n^a—

“Matino, Mahusay at Maaasahan”


533/F Andenson Bldg. 1, National highway, Brgy. Parian, City of Calamba, Laguna 4027
S (02) 8876-3454 Loc. 7401 to 7410, 7420, 7430, 7440
[email protected] ©www.calabarzon.dilg.gov.ph
not rely on the DBM APCPI Trainer’s opinion if the same is not substantiated with a
DBM’S department issuance on the matter.

In this regard, you are hereby directed to disseminate the recommendations of the
LLLS to all LGUs under your area of responsibility, for their information and
appropriate action.

For compliance.

ARIEL O. IGLESIA
Regional Director^

AOI/LGCDD/PDMU/dcdc
R220531-17458

fiii
CALABARZON
“Matino, Mahusay at Maaasahan”
S3/F Andenson Bldg. 1, National Highway, Brgy. Parian, City of Calamba, Laguna 4027
Sf 827-4755; 827-4560; 827-4587; 827-3143 S 827-4745
[email protected] ©www.calabarzon.dilg.gov.ph

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