Authorizing the Grant and Release of the Special Allowance for the Judiciary to Each of the Personnel of the Judiciary

October 11, 2011

SUPREME COURT MEMORANDUM ORDER NO. 39-11

AUTHORIZING THE GRANT AND RELEASE OF FOUR THOUSAND PESOS (P4,000.00) 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, in the resolution dated June 7, 2011 in the consolidated administrative matters A.M. No. 07-5-10-SC and A.M. No. 07-8-03-SC, the Court ordered that judiciary officials and personnel, who are not direct beneficiaries under R.A. No. 9227, may continue to receive additional allowance, in case of available surplus in the SAJ Fund;

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

WHEREAS, the Fiscal Management and Budget Office (FMBO) has reported that after setting aside sufficient amounts for the payment of SAJ and the salary increases authorized under executive issuances, chargeable against the SAJ Fund, in accordance with the aforesaid resolution of the Court, dated June 7, 2011, in the consolidated administrative matters A.M. No. 07-5-10-SC and A.M. No. 07-8-03-SC, for the month of October 2011, 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 eight (8) months as of August 31, 2011 and who are not direct beneficiaries under R.A. No. 9227 the amount of FOUR THOUSAND PESOS (P4,000.00) from the current surplus in the funds generated pursuant to R.A. No. 9227 for the period from January to August 2011.

Those who have rendered less than eight (8) months of service as of August 31, 2011 shall receive a pro-rated amount to wit:

Length of Service	Percentage
Seven (7) months but less than eight (8) months	80%
Six (6) months but less than seven (7) months	70%
Five (5) months but less than six (6) months	60%
Four (4) months but less than five (5) months	50%
Three (3) months but less than four (4) months	40%
Two (2) months but less than three (3) months	30%
One (1) month but less than two (2) months	20%
Less than one (1) month	10%

Employees who have incurred vacation leave without pay during the eight-month period from January to August 2011 shall be deducted the corresponding amount of SAJ as follows: AcICTS

Leave Without Pay	Percentage
1 day to 29 days	17%
30 days to 58 days	33%
59 days to 87 days	50%
88 days to 116 days	67%
117 days to 145 days	83%
146 days to 169 days	100%

Employees who, during the period covered by the grant of the benefit, have died, retired compulsorily, or been separated from the service through no fault of their own, prior to August 31, 2011, shall still be entitled to the SAJ on a pro-rated basis, as follows:

Prior to Retirement/Death
(January 1, 2011 to August 31, 2011)	Percentage
Eight (8) months	100%
Six (6) months to seven (7) months	80%
Four (4) months to five (5) months	60%
Two (2) months to three (3) months	40%
One (1) month	20%

For the purpose of computing the number of months of service, the official or employee concerned shall be considered to have rendered one (1) full month of service on the month such official or employee died, retired or was separated from the service regardless of the actual date of death, retirement or separation from the service.

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 eight-month period from January to August 2011 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 FMBO of the Supreme Court and the Chiefs of the Office of Administrative Services and the Financial Management Office of the Office of the Court Administrator shall forthwith implement it.

Issued this 11th day of October, 2011. HTASIa

(SGD.) RENATO C. CORONAChief Justice