Revised Guidelines in the Operation of the Computer Acquisition Program Under the Expanded SC-MCAP

September 19, 2006

EN BANC

A.M. No. 05-5-17-SC

REVISED GUIDELINES IN THE OPERATION OF THE COMPUTER ACQUISITION PROGRAM UNDER THE EXPANDED SUPREME COURT-MOTORCYCLE AND COMPUTER ACQUISITION PROGRAM (SC-MCAP)

RESOLUTION

[As amended by the Resolution of the Court En Banc dated 20 June 2006]

I. Objective

To provide all court employees (excluding sheriffs/process servers/court officials already included in the laptop program under A.M. No. 05-8-18-SC) with the opportunity of acquiring a personal computer to assist them in the performance of their respective functions.

II. Concept

Pursuant to the Resolution of the Court En Banc dated 7 June 2005 in A.M. No. 05-5-17-SC [Re: Computer Acquisition Program for Court Stenographers], as amended by the En Banc Resolution of the Court dated 20 June 2006, an interest-free computer loan will be made available to qualified court employees (excluding sheriffs/process servers/court officials already included in the laptop program under A.M. No. 05-8-18-SC) of the Judiciary on a repayment scheme of not more than thirty (30) monthly installments.

III. Definition of Terms

A. Qualified Court Employees are those who:

1. hold permanent appointment; cCaIET

2. have rendered at least three (3) years of continuous service in the judiciary as reflected in his service records;

3. are not more than sixty-two (62) years of age as of the date of his application;

4. have no pending administrative or criminal case;

5. have a minimum 30 days leave credits;

6. have met the minimum P3,000.00 net take home pay; 1 and

7. have at least six (6) qualified co-makers.

B. Qualified co-makers are employees of the Court who:

1. hold permanent appointment; and

2. occupy positions with at least the same salary grade as the court employee-borrower and preferably assigned in the same branch.

C. Contractor, distributor or supplier

A private company engaged by SC-MCAP on an exclusive basis to sell, deliver and service computer units granted to the court employee-grantee.

IV. Statement of Duties and Responsibilities

A. The SC-MCAP shall:

1. assign staff to handle the administration and operation of the program;

2. negotiate and enter into contract or agreement with computer companies to sell, distribute and service computers under the program at the lowest possible cost;

3. give out individual loans without interest in an amount not exceeding Thirty Thousand Pesos (P30,000.00) payable in thirty (30) equal monthly installments; provided that loans not exceeding P24,000.00 shall be payable in twenty-four (24) equal monthly installments; TAECaD

4. see to it that all necessary documents relating to the loan as required by its rules and regulations are satisfied; and

5. render necessary reports.

B. The Contractor or Distributor or Supplier shall:

1. administer the non-policy aspects of the program as agreed upon in a final memorandum of agreement.

C. The SC-OCA shall:

1.  deduct from the salary of the court employee-grantee the required monthly installment due; and

2. in case of resignation, separation, retirement or discharge, the remaining amortizations shall all become due and demandable. The same shall be deducted from the retirement benefits or leave credits. No clearance shall be issued until after the obligation is settled.

D. The court employee-grantee shall:

1. pay his/her obligation within the stipulated period;

2. ensure that he/she does not incur any other loan that will bring his minimum take home pay to an amount below P3,000.00, the minimum take home pay required under the General Appropriations Act;

3. ensure that he/she will not incur any other JDF loan in the event that he/she decides to pay the loan via his share in the Judiciary Development Fund;

4. use the computer in accordance with the objective of the Program;

5. exercise thorough care in choosing the brand, type and model of computer. No change of brand, type and model will be allowed after the approval of the application and corresponding Delivery Order is issued to the contractor/distributor/supplier; IHaECA

6. not to transfer, assign or encumber the computer without the approval of SC-MCAP or until full payment of the loan has been made; and

7. immediately report to SC-MCAP in case of transfer, resignation, separation, retirement, discharge or dismissal from the service;

8. secure a clearance from SC-MCAP in case of resignation, transfer, separation, retirement or discharge or dismissal from the service.

V. Filing and Processing of Applications/Delivery and Payment

A. Filing and Processing of Applications

Application forms together with all the necessary documents (i.e., promissory note and request for salary deduction) will be made available at the Office of the Court Administrator-Property Division.

Qualified court employees desiring to acquire a computer under the program shall fill out the application form (SC-MCAP Form 1-A) specifying the brand and model applied for. All duly accomplished application forms along with their enclosures shall be submitted to the Office of the Court Administrator-Property Division for processing and approval.

Upon approval of the loan, a Delivery Order will be forwarded to the concerned computer company for issuance of the computer unit. The court-employee grantee shall shoulder the cost of delivery or freightage, if any, as well as other incidental expenses. The said employee shall also be responsible for the costs of maintenance and repair of the computer, if the same is not covered by or beyond the period of the warranty.

B. Payment by the Court Employee Grantee

The court employee-grantee shall pay in cash the following:

1. Equity (difference between the cost/price of the computer and the amount of loan); and

b.1. Payment to the Computer Company ACTESI

The computer company will forward the following documents:

a.) Official sales invoice of the computer company duly signed by the court stenographer/court employee/grantee and preferably signed by the Clerk of Court with photocopies of two (2) valid identification cards of the grantee;

b.) Original Copy of the Delivery Order earlier issued by the SC-MCAP; and

c.) Other documents as may be deemed necessary by the SC-MCAP Committee to effect payment.

Footnotes

1.Required under the General Appropriations Act.