Guidelines on Requests for Travel Abroad of All Members and Personnel of the Judiciary

July 26, 2022

EN BANC

A.M. No. 22-07-25-SC

GUIDELINES ON REQUESTS FOR TRAVEL ABROAD OF ALL MEMBERS AND PERSONNEL OF THE JUDICIARY

NOTICE

Sirs/Mesdames :

Please take notice that the Court en banc issued a Resolution dated JULY 26, 2022, which reads as follows:

"A.M. No. 22-07-25-SC (Guidelines on Requests for Travel Abroad of all Members and Personnel of the Judiciary). —

GUIDELINES ON REQUESTS FOR TRAVEL ABROAD OF ALL MEMBERS AND PERSONNEL OF THE JUDICIARY

In A.M. No. 99-12-08-SC dated 18 January 2000, as revised by A.M. No. 99-12-08-SC (Revised) dated 22 April 2003, the Court provided for the referral to the Chief Justice and Chairpersons of Divisions for appropriate action or resolution, for and in behalf of the Court en banc, administrative matters relating to foreign travels of Justices of the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals (appellate courts) and the lower courts, and the officials and personnel of such courts, and the recall or revocation of the travel authority granted, as well as any matter arising from such travel authority or its recall or revocation.

On 12 September 2000, the Court, in A.M. No. 96-3-06-0, issued the 'Guidelines on Requests for Travel Abroad on Official Business or Official Time by All Members and Personnel of the Judiciary,' including the requirements for making such requests. On 13 June 2012, the Court, in A.M. No. 12-6-13-SC, provided for the 'Guidelines on Requests for Travel Abroad of All Members and Personnel of the Appellate Courts and Trial Courts, and Officials and Personnel of the Supreme Court and the Office of the Court Administrator,' which applies to non-official travel abroad or for a private purpose.

A review of the foregoing issuances and other related rules, including A.M. No. 19-10-18-SC dated 15 October 2019, reveals the need to harmonize, consolidate, and update the existing process to ensure the efficiency, consistency, and expediency of the procedure in the resolution of requests for travel abroad of members and personnel of the Judiciary.

The following Guidelines are hereby adopted for requests for travel abroad of all members and personnel of the Judiciary: EcTCAD

I. Travel on Official Business or Official Time

A. Requests for travel abroad on official business or official time of all members and personnel of the Judiciary shall be referred to the Chairpersons of the Divisions of the Court for appropriate action or resolution, for and in behalf of the Court en banc, except for travels on official business or official time by the Chief Justice and the Associate Justices of the Supreme Court which shall be referred to the Court en banc.

B. Requirements

1. The applicant's request for permission to travel abroad on official business or official time shall:

a) state the purpose of the trip and its duration, the itinerary and the benefit expected to be derived therefrom;

b) show that the purpose of the travel is related to the applicant's official work or function;

c) state the number of times the applicant has travelled abroad on official business or official time, as well as the purpose and inclusive period of said trips within the past three years of service in the Judiciary;

d) if applicable, be accompanied by a certification of (i) the number of pending cases assigned to the applicant, and (ii) of the number thereof deemed submitted for decision, with the dates they were deemed submitted; and,

e) if applicable, be accompanied by a certification of the applicant's average case disposition for the last six (6) months preceding the request.

2. Subject to pertinent existing Commission on Audit (COA) rules and regulations, the official business status shall cover the inclusive dates of the travel including direct travel time to and from the place of visit, which includes layovers, if applicable.

The period used outside of these dates shall be considered on official time only. The 'official business' status entitles the official concerned to the salary, cost of travel, per diems and allowances granted under the COA rules. The 'official time' status entitles the official concerned to salary for the duration of the travel.

3. If, after departure, the trip is cancelled for any reason whatsoever, the applicant should inform the Supreme Court and all monies not otherwise legitimately spent should be returned and accounted for.

4. No applicant shall travel on official business more than once a year, unless necessary and upon approval of the Chief Justice.

5. a) Requests for travel abroad on official business or official time of Justices of the appellate courts shall be favorably endorsed by their respective Presiding Justices and accompanied by a certification of availability of funds from the chief accountant of their respective courts. Likewise, requests of personnel of these courts shall be favorably endorsed by their respective clerks of court and approved by their Presiding Justices and accompanied by a certification of availability of funds by the chief accountant of their respective courts. These courts may prescribe supplemental guidelines on foreign travel to afford equal opportunities to their members and personnel.

b) Requests for travel abroad on official business or official time of the staff of the Office of the Chief Justice and Associate Justices of the Supreme Court shall be favorably endorsed by their respective Justices, and accompanied by a certification of availability of funds by the Fiscal Management and Budget Office (FMBO) of the Supreme Court.

c) Requests for travel abroad on official business or official time of other Supreme Court personnel shall be favorably endorsed by their respective Heads of Office, and accompanied by a certification of availability of funds by the FMBO of the Supreme Court.

d) Requests for travel abroad on official business or official time of judges of the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts and Shari'a Courts shall be favorably endorsed by their respective Executive Judges. Likewise, requests of personnel of these courts shall be favorably endorsed by their respective clerks of court and approved by their Executive Judges. The requests shall be accompanied by a certification of availability of funds by the Finance Management Office or by the FMBO, and shall then be forwarded to the Court Administrator who may, upon review of the supporting documents and determination of compliance with the requirements, recommend their approval to the Supreme Court. The same shall be referred to the Chairpersons of the Divisions of the Court for appropriate action.

6. The applicant shall submit to the Court within thirty (30) days from return a written report on the travel and the program attended. Auditing rules of liquidation of expenses shall likewise be complied with.

7. Heads of offices who frequently receive invitations to attend conferences or seminars related to their work should give opportunities to other officials from the same office who can likewise benefit therefrom.

II. Personal Travel Abroad

1. Personal travel abroad of the Chief Justice and the Associate Justices of the Supreme Court shall be in accordance with A.M. No. 19-10-18-SC dated 15 October 2019.

2. Requests for personal travel abroad of the Presiding Justices of the appellate courts shall be submitted to the Supreme Court, and shall be referred to the Chief Justice for appropriate action. However, all requests for personal travel abroad of Justices and personnel of the appellate courts shall be acted upon by the Presiding Justice of the concerned appellate court without anymore referring the matter to the Supreme Court en banc.

3. All requests for personal travel abroad of trial court judges and personnel shall be filed with the Office of the Court Administrator (OCA), in accordance with its relevant guidelines. Such requests shall be acted upon by the Court Administrator, who shall no longer refer the matter to the Supreme Court en banc.

4. All requests for personal travel abroad of Supreme Court personnel shall be submitted to the Office of Administrative Services (OAS) of the Supreme Court for evaluation and recommendation, and referred to the Clerk of Court en banc of the Supreme Court for appropriate action. However, all requests for personal travel abroad of the Clerk of Court en banc of the Supreme Court, and of the staff of the Office of the Chief Justice and the Associate Justices of the Supreme Court, with the favorable endorsement of their respective Justices, shall be referred to the Chief Justice for appropriate action.

5. All requests for personal travel abroad of OCA personnel shall be submitted to the OAS of the Supreme Court for evaluation and recommendation, and referred to the Court Administrator for appropriate action. However, all requests for personal travel abroad of the Court Administrator, Deputy Court Administrators, and Assistant Court Administrators shall be referred to the Chief Justice for appropriate action.

III. Issuance of Travel Authority

Once the request for travel, whether on official business, official time or personal, is granted by the approving authority, the travel authority shall be issued by the following:

1. The Clerk of Court en banc of the Supreme Court, for requests of the Presiding Justices of appellate courts and of Supreme Court personnel;

2. The Presiding Justice of the appellate courts, for requests of their associate justices and their respective court personnel; and

3. The Court Administrator, in the case of judges and personnel of the first and second level courts.

The provisions of previous circulars, resolutions, or orders inconsistent herewith are deemed repealed or modified accordingly.

These Guidelines shall take effect immediately. (38)"

By authority of the Court:

(SGD.) MARIFE M. LOMIBAO-CUEVASClerk of Court