Establishing a Judiciary Development Fund

July 18, 1984

PRESIDENTIAL DECREE NO. 1949

ESTABLISHING A JUDICIARY DEVELOPMENT FUND AND FOR OTHER PURPOSES

WHEREAS, the independence of the Judiciary must be maintained by the State;

WHEREAS, the economic conditions of the members and personnel of the Judiciary must be periodically reviewed and upgraded in order to preserve and enhance the independence of the Judiciary at all times and safeguard the integrity of its members;

WHEREAS, the Judiciary, in the discharge of its functions and duties, can generate its own funds and resources to help augment its budgetary requirements and ensure the uplift of its members and personnel;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree:

SECTION 1. There is hereby established a Judiciary Development Fund, hereinafter referred to as the Fund, for the benefit of the members and personnel of the Judiciary to help ensure and guarantee the independence of the Judiciary as mandated by the Constitution and public policy and required by the impartial administration of justice. The Fund shall be derived from, among others, the increase in the legal fees prescribed in the amendments to Rule 141 of the Rules of Court to be promulgated by the Supreme Court of the Philippines. The Fund shall be used to augment the allowances of the members and personnel of the Judiciary and to finance the acquisition, maintenance and repair of office equipment and facilities; Provided, That at least eighty percent (80%) of the Fund shall be used for cost of living allowances, and not more than twenty percent (20%) of the said Fund shall be used for office equipment and facilities of the Courts located where the legal fees are collected; Provided, further, That said allowances of the members and personnel of the Judiciary shall be distributed in proportion of their basic salaries; and, Provided, finally, That bigger allowances may be granted to those receiving a basic salary of less than P1,000.00 a month.

SECTION 2. The Chief Justice of the Supreme Court shall administer and allocate the Fund and shall have the sole exclusive power and duty to approve and authorize disbursements and expenditures of the Fund in accordance with the guidelines set in this Decree and its implementing rules and regulations.

SECTION 3. The amounts accruing to the Fund shall be deposited by the Chief Justice or his duly authorized representative in an authorized government depository bank or private bank owned or controlled by the Government, and the income or interest earned shall likewise form part of the Fund. The Commission on Audit through the Auditor of the Supreme Court or his duly authorized representative shall quarterly audit the receipts, revenues, uses, disbursements and expenditures of the Fund, and shall submit the appropriate report in writing to the Chairman of the Commission on Audit and to the Chief Justice of the Supreme Court, copy furnished the Presiding Appellate Justice of the Intermediate Appellate Court and all Executive Judges. cdt

SECTION 4. Nothing herein shall be construed to affect or diminish the duty of local government units to provide office spaces, equipment and facilities to the courts within their respective territorial jurisdiction as required under existing laws. Moreover, there shall be no reduction of the compensation, allowances, benefits and privileges enjoyed by the members and personnel of the Judiciary on the date of the effectivity of this Decree.

SECTION 5. The Supreme Court shall promulgate the rules and regulations to implement this Decree.

SECTION 6. All laws, decrees, executive or administrative orders, rules and regulations, or parts thereof, inconsistent with this Decree are hereby modified, amended or repealed.

SECTION 7. This Decree shall take effect upon the promulgation of the revised schedule of legal fees prescribed in Rule 141 of the Rules of Court. acd

DONE in the City of Manila, this 18th day of July, in the year of Our Lord, Nineteen Hundred and Eighty-Four.

Published in the Official Gazette, Vol. 80 No. 34 Page 4415 on August 20, 1984.