Guidelines on the Purchase of Judiciary Properties by Retiring Members of the Supreme Court and Appellate Courts
On March 23, 2004, the Supreme Court of the Philippines issued guidelines regulating the purchase of judiciary properties by retiring members of the Supreme Court and appellate courts. This resolution acknowledges the privilege of retiring Justices to buy properties they used during their tenure for sentimental reasons, while emphasizing the need for responsible management of government resources. Retiring Justices may purchase serviceable items such as desks, computers, and assigned vehicles, but not books. The procedure for purchasing these items involves formal requests, inspections, and approvals, with proceeds contributing to the Judiciary Development Fund.
March 23, 2004
EN BANC
A.M. No. 03-12-01-SC
RESOLUTION ADOPTING GUIDELINES ON THE PURCHASE OF JUDICIARY PROPERTIES BY RETIRING MEMBERS OF THE SUPREME COURT AND APPELLATE COURTS
WHEREAS, by the constitutional mandate of fiscal autonomy as defined in Bengzon v. Drilon (G.R. No. 103524, 15 April 1992, 208 SCRA 133, 150) the Judiciary has "full flexibility to allocate and utilize (its) resources with the wisdom and dispatch that (its) needs require"; DaTICc
WHEREAS, the long-established tradition and practice of Justices or Members of appellate courts of purchasing for sentimental reasons at retirement government properties they used during their tenure has been recognized as a privilege enjoyed only by such government officials; and
WHEREAS, the exercise of such privilege needs regulation to the end that respect for sentiments that a retiring Justice attaches to properties he or she officially used during his or her tenure should be in consonance with the need for restraint in the utilization and disposition of government resources.
NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved that the following Guidelines be observed in the purchase by retiring Justices or Members of this Court, the Court of Appeals, the Sandiganbayan, and such appellate courts as may be created by law, of Judiciary properties, including those which are assigned to them in their capacities as Members of the Presidential Electoral Tribunal:
I. Serviceable properties or those which are within useful economic life as defined by the rules of the Commission on Audit and guidelines adopted by the Constitutional Fiscal Autonomy Group Joint Resolution No. 5 may be purchased provided these are limited to the following items that the retiring Justice personally used during his tenure:
(a) a desk and chair set;
(b) a computer, its printer and accessories or a typewriter; and
(c) a car and utility van assigned to him.
In no case shall a retiring Justice be allowed to purchase books in his chambers. benchCDTA
II. All usable but unserviceable properties under auditing rules or those which have outlived useful economic life or are no longer needed by the Judiciary, such as equipment, appliances and furniture, may be purchased.
III. The procedure for such purchase is as follows:
1. At least one month before his retirement, a Justice shall file a formal request for the purchase of properties with the Office of the Chief Justice, with a copy thereof furnished the proper Property Division or the Disposal Committee.
2. The Property Division or Disposal Committee shall immediately inspect the chambers of the requesting Justice to:
(i) identify the properties listed in the request;
(ii) determine the serviceability/useful economic life of the properties in accordance with auditing rules; and
(iii) appraise the properties based on book value as prescribed by the CFAG Joint Resolution No. 35 guidelines on disposal of government property.
The recommendation(s) of the Property Division or the Disposal Committee shall be submitted within five (5) days to the Chief Justice.
3. The Chief Justice shall direct the Clerk of Court to place the request of the retiring Justice and the recommendation of the proper Property Division or Disposal Committee in the agenda of the Court en banc for approval before the retirement of the requesting Justice.
4. Payment of the purchased property shall be made within one (1) month from the date of retirement of the requesting Justice.
IV. The proceeds of the sale under these guidelines shall become a part of the income of the Judiciary Development Fund as provided in paragraph 2 (a) sub section I (bb) in A.M. No. 99-8-01-SC.
Issued this 23rd day of March 2004.
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(SGD.) HILARIO G. DAVIDE, JR.
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Chief Justice
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Supreme Court of the Philippines
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(SGD.) REYNATO S. PUNO
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Associate Justice
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Supreme Court of the Philippines
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on official leave
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ARTEMIO V. PANGANIBAN
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Associate Justice
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Supreme Court of the Philippines
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(SGD.) CONSUELO YNARES-SANTIAGO
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Associate Justice
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Supreme Court of the Philippines
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(SGD.) ANTONIO T. CARPIO
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Associate Justice
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Supreme Court of the Philippines
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(SGD.) RENATO C. CORONA
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Associate Justice
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Supreme Court of the Philippines
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(SGD.) ROMEO J. CALLEJO, SR.
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Associate Justice
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Supreme Court of the Philippines
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(SGD.) JOSE C. VITUG
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Associate Justice
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Supreme Court of the Philippines
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(SGD.) LEONARDO A. QUISUMBING
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Associate Justice
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Supreme Court of the Philippines
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(SGD.) ANGELINA SANDOVAL-GUTIERREZ
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Associate Justice
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Supreme Court of the Philippines
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(SGD.) MA. ALICIA AUSTRIA-MARTINEZ
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Associate Justice
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Supreme Court of the Philippines
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(SGD.) CONCHITA CARPIO-MORALES
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Associate Justice
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Supreme Court of the Philippines
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(SGD.) ADOLFO S. AZCUNA
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Associate Justice
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Supreme Court of the Philippines
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(SGD) DANTE O. TINGA
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Associate Justice
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Supreme Court of the Philippines
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