WHEREAS,
the independence of the Judiciary must be maintained by the State;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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:cralaw:red
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 a 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 the 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 of 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. chanroblesvirtualawlibrary
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. chanroblesvirtualawlibrary
Done in the City of Manila,
this 18th day of July in the year of Our Lord, nineteen hundred and
eighty-four.
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