Re: Proposed MOA on the Establishment of a Local Government Unit-Judiciary Equalization Fund on Allowances of Judges ( <--!02242009-->A.M. No. 08-12-4-SC )

February 24, 2009

[A.M. No. 08-12-4-SC]

Sirs/Mesdames :

Quoted hereunder, for your information, is a resolution of the Court En Banc dated February 24, 2009

"A.M. No. 08-12-4-SC — RE: PROPOSED MEMORANDUM OF AGREEMENT RELATIVE TO THE ESTABLISHMENT OF A LOCAL GOVERNMENT UNIT-JUDICIARY EQUALIZATION FUND (LGU-JEF) ON ALLOWANCES OF JUDGES

For consideration is the Memorandum of Agreement on the establishment of a Local Government Unit-Judiciary Equalization Fund (LGU-JEF) proposed by the Sangguniang Panlungsod of the City of Cebu (Sangguniang Panlungsod) that will equalize the payment of allowances to Members of the Judiciary which the City of Cebu shall allocate in its annual budget. HCSEIT

In its Resolution No. 08-1297 dated 26 November 2008, the Sangguniang Panlungsod proposes the establishment of the LGU-JEF to be administered and managed by this Court. The LGU-JEF is intended to fund the payment of allowances to Judges, including the Court of Appeals Justices, stationed in the City of Cebu, and to ensure that the allowances of such Judges or Justices shall be paid equitably and shall not be unreasonably withheld by the local government unit. The Sangguniang Panlungsod submitted a draft Memorandum of Agreement with this Court wherein the City of Cebu obligated itself to contribute P1,000,000 annually to the LGU-JEF to be administered and managed exclusively by this Court.

The Court highly appreciates the proposal of the Sangguniang Panlungsod and its concern over the plight of Judges and Justices stationed in the City of Cebu. The authority of the local government units to grant allowances to Members of the Judiciary assigned to local government units is recognized in Sections 447, 458, and 468 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991.

Previously, in a similar proposal made by Mayor Jejomar C. Binay of the City of Makati, in A.M. No. 06-5-05-0 (Re: Letter of Mayor Jejomar C. Binay Relative to the Disparity of Allowances of Judges and the Role of Local Executives in the Mediation of Disputes),the Court resolved to allow the City of Makati to turn over its allocated funds to this Court for equitable distribution as allowances to Judges stationed in or assigned to the City of Makati.

WHEREFORE, the Court RESOLVES to ALLOW the City of Cebu to turn over its allocated funds to this Court for equitable distribution as allowances to Judges and Justices stationed in or assigned to the City of Cebu; and for this purpose, DIRECTS the Court Administrator to sign the attached Memorandum of Agreement with the designated representative of the City of Cebu." ScaAET

Ynares-Santiago and Tinga, JJ.,on official leave. (adv85)

Very truly yours,

 

(SGD.) MA. LUISA D. VILLARAMAClerk of Court