Authorizing the Grant and Release of P2,000 from Current Surplus in the Collections for the Special Allowance for the Judiciary

July 30, 2009

SUPREME COURT MEMORANDUM ORDER NO. 36-09

AUTHORIZING THE GRANT AND RELEASE OF TWO THOUSAND PESOS (P2,000.00) FROM THE CURRENT SURPLUS IN THE COLLECTIONS FOR THE SPECIAL ALLOWANCE FOR THE JUDICIARY (SAJ) TO EACH OF THE PERSONNEL IN THE JUDICIARY

WHEREAS, Republic Act No. 9227 (entitled An Act Granting Additional Compensation in the Form of Special Allowances for Justices, Judges and All Other Positions in the Judiciary with the Equivalent Rank of Justices of the Court of Appeals and Judges of the Regional Trial Court, and for Other Purposes) authorizes the Court to increase the current legal fees and to impose new fees for the Judiciary Development Fund (JDF) to enable the Judiciary to raise the funds needed to pay for the special allowances provided for in the law;

WHEREAS, the third paragraph of Section 3 of R.A. No. 9227 provides:

"If the collections from any increase in current fees and any new fees imposed after the effectivity of this Act exceed the amount needed to fund the special allowances granted to justices, judges and all other positions in the Judiciary with the equivalent rank of justices of the Court of Appeals and judges of the Regional Trial Court as authorized under existing laws, the surplus may be used by the Chief Justice of the Supreme Court to grant additional allowances exclusively to other court personnel not covered by the benefits granted under this Act."

WHEREAS, the collections for the SAJ are kept in a separate account with the Land Bank of the Philippines (LBP); ISDCaT

WHEREAS, the Fiscal Management and Budget Office (FMBO) has reported that after setting aside sufficient amounts for the payment of special allowance for the month of July 2009, there would be enough surplus in the collections for the SAJ, a part of which can be granted and released to the personnel pursuant to R.A. No. 9227;

NOW, THEREFORE, by virtue of and pursuant to his authority under Presidential Decree No. 1949 (Judiciary Development Fund Decree), the third paragraph of Section 3 of R.A. No. 9227 and in accordance with Administrative Circular No. 52-2007, dated June 25, 2007, the Chief Justice hereby authorizes the grant and release as additional allowance to each of the personnel of the Judiciary under permanent, temporary, coterminous, or casual status and who have rendered service for at least six (6) months as of June 30, 2009 and who are not direct beneficiaries under R.A. No. 9227 the amount of TWO THOUSAND PESOS (P2,000.00) from the current surplus in the funds generated pursuant to R.A. No. 9227 for the period from May to June 2009.

Those who have rendered less than six (6) months of service as of June 30, 2009 shall receive a pro-rated amount to wit:

Length of Service	Percentage
5 months but less than 6 months	60%
4 months but less than 5 months	50%
3 months but less than 4 months	40%
2 months but less than 3 months	30%
1 month but less than 2 months	20%
Less than 1 month	10%

Employees who have incurred vacation leave without pay during the 2-month period from May to June 2009 shall be deducted the corresponding amount of SAJ as follows:

Leave Without Pay	Percentage
1 day to 7 days	17%
8 days to 14 days	33%
15 days to 21 days	50%
22 days to 28 days	67%
29 days to 35 days	83%
36 days to 41 days	100%

Those who have been found guilty of an administrative charge and have been penalized accordingly, except those who have been reprimanded or warned, during the 2-month period from May to June 2009 shall not be entitled to the benefit herein granted.

The judiciary personnel under this Memorandum Order include the personnel of the Presidential Electoral Tribunal, the Philippine Judicial Academy and the Judicial and Bar Council.

This Memorandum Order takes effect immediately. The Presiding Justices of the Court of Appeals, Sandiganbayan and Court of Tax Appeals, the Court Administrator, the Clerk of Court of the Supreme Court, the Chiefs of the Office of Administrative Services and the Fiscal Management and Budget Office of the Supreme Court and the Chiefs of the Office of the Administrative Services and the Financial Management Office of the Office of the Court Administrator shall forthwith implement it.

Issued this 30th day of July 2009. IcDCaT

(SGD.) RENATO S. PUNOChief Justice