Inquirer file
MANILA, Philippines — The Commission on Audit (COA) has flagged the Movie and Television Review and Classification Board (MTRCB) for paying P4.4 million to 15 consultants without the required documentary requirements, “casting doubt as to the necessity, regularity, and propriety of the transactions.”
State auditors noted in their 2023 annual audit report for the MTRCB that the 15 consultants had been hired for the following areas:
- gender and development planning and social media (P268,766.52)
- communication planning (P340,953.12)
- graphic art production (P340,953.12)
- photojournalism (P312,217.49)
- speech writer (P545,524.98)
- legal researcher (P545,524.98)
- artist relations (P312,195.49)
- photography, (P168,539.32)
- resource speaker for MTRCB’s ISO Quality Management System Awareness (P148,314.65)
- media relations (P284,773.34)
- critical stakeholder management (P681,907.62)
- electrical system and distribution preventive maintenance (P103,448.28)
- property (P143,678.15)
- technical consultant for the development of “Responsableng Panonood” module (P68,965.52), and
- MTRCB Reputation Management, (P197,318.03).
Upon audit of the MTRCB’s submitted disbursement vouchers and all supporting documents, the COA found out the hired consultants did not submit all required documents as prescribed under COA rules for consultancy services.
“The nonsubmission of the curriculum vitae deprived the audit team in determining the propriety of hiring the consultants, whether or not these consultants possessed the minimum qualifications for the consultancy engagement, e.g. highly specialized or technical expertise to perform the output/services which cannot be provided by the regular staff of the MTRCB,” the COA explained in its report.
As for the procurement documents, failure to submit these cast doubts on whether the procurement processes under the Government Procurement Act were “faithfully observed” by the MTRCB in hiring the consultants, auditors said.
Of the 15 consultants, state auditors highlighted the hiring of the MTRCB critical stakeholder management consultant, who turned out to be a private lawyer.
No OSG approval
Auditors pointed out that there was no “prior concurrence” from the COA itself and the Office of the Solicitor General (OSG), “considering that the consultant is a lawyer, and her task involves the practice of law.”
“Public funds shall not be utilized for the payment of the services of a private legal counsel or law firm to represent government agencies in court or to render legal services for them,” the COA said, citing a provision from the 1987 Constitution.
There should have been written conformity and acquiescence of the solicitor general and written concurrence of the COA before any government agency hires or employs the services of private lawyers.
The MTRCB paid the lawyer a monthly fee of P56,180 from January to June 2023 and P57,471.27 from July to December of that same year.
“However, the MTRCB failed to secure the written approval and acquiescence of the solicitor general and COA’s written concurrence since the monthly fee exceeded P50,000 prior to the engagement of MTRCB’s Critical Stakeholder Management Consultant” that is “contrary” to the requirements under the Constitution and COA rules, said the state auditors.
“These circumstances cast doubt unto the necessity, regularity and propriety of the engagement of the consultants and their payment thereof,” they noted.
The COA told the MTRCB, which agreed with the recommendations, to submit its justifications on the necessity of hiring the consultants for their respective services.
Among the recommendations were for all hired consultants to issue official receipts for all the payments made to them; the MTRCB’s Human Resources Unit should require all consultants to submit their updated curriculum vitae; and for the consultants to specify in their respective accomplishment reports the services they performed.