The Bureau of Treasury (BTr) is silent over the proposal to remove the authority of the chief justice to use, dispose and allocate the highly controversial judiciary development fund (JDF) and deposit it to the coffers of BTr for safekeeping.
Under the proposal of Manila 6th District Rep. Rosenda Ann Ocampo, House Bill 6441, or the “Act Mandating the Transfer of the Administration of the Judiciary Development Fund (JDF) from the Supreme Court to the Bureau of Treasury,” seeks to remove the independence of the chief justice in using the JDF.
The JDF is the fund allocated for judges’ salaries, stipend and for court’s maintenance. Under the present law, the CJ has the sole authority over its use without prerogative to any government branch.
National Treasurer Roberto Tan said he is not aware of such proposal so he prefers not to comment. “I’m not familiar with the issues so I will not comment,” Tan told The Daily Tribune.
When enacted into law, the JDF could only be withdrawn if allowed by the president through the secretary of the Department of Budget and Management. According to Ocampo, the power of the chief justices in issuing/releasing JDF to any favored judge is not good for the judiciary system.
Ocampo added that she authored the law because CJs have been “acting like politicians” in releasing the JDF to judges all over the country, whom, in turn, have almost became the CJ’s constituents.
The lawmaker said her bill doesn’t aim to curtail the independence of chief justice in allocating the JDF because he will still have the power to choose whom to allocate the funds for whatever purpose. However, a president’s approval is needed before any amount from the JDF can be allocated to any purpose.
JDF is fund that came from court’s fees of those seeking legal remedies to any criminal or civil liability from anybody or institution/agency. Since 1970s, a chief justice has the sole authority in using the JDF under Presidential Decree 1949.
“Under the proposed bill, the SC will continue its exclusive powers to identify the expenditures to be paid from the JDF. The fund would only be held in trust by the BTr (sic) for the judiciary and would be allocated and used exclusively for the purpose intended in PD 1949,” she stressed.
When The Tribune explained to Tan the objectives of filing a bill that seeks to deposit JDF to BTr coffers, Tan replied: “I do not want to comment on political issues.”
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