ON WITHHOLDING OF SALARIES AND OTHER MONETARY BENEFITS OR SET-OFF
SALARIES OF ALLEGEDLY ERRONEOUSLY RELEASED MONETARY BENEFITS.
Office of the Chief Justice has received complaints from judges, as
as court officials and employees, of what they consider unjust and
withholding of their salaries and other monetary benefits allegedly for
failure to comply with some administrative orders, circulars, or
of the Supreme Court or the Office of the Court Administrator, or for
of administrative cases.
too, there have been complaints of the withholding of salary checks
to set off or refund some monetary benefits, such as 13th
bonus, alleged to have been erroneously released to the Judge, court
or employees concerned.
aforementioned withholding or set-off or deduction, as the case may be,
may be well-founded; and complaints may likewise have some merit.
Thus, specific guidelines on the matter must be provided to avoid
withholding of salaries and other monetary benefits, such as bonuses,
be unilaterally done by the Office of the Court Administrator for
to comply with administrative orders, circulars, and the like, or for
infraction or misfeasance which the Office of the Court Administrator
deem sufficient cause for the withholding. The Office of the Court
shall first require the offending judge, court official or employees to
show cause within a nonextendible period of five (5) days from notice
his salary or other monetary benefits should not be withheld by reason
of any of such causes.
explanation is filed or if the explanation is unsatisfactory, the
of the Court Administrator shall forthwith make a report and
to the Court for its appropriate disposition of the matter.
may the Office of the Court Administrator unilaterally withhold salary
checks of judges and court officials and employees as a means to set
or enforce refund for monetary benefits claimed to have been
or even illegally released to them. The Office of the Court
shal first require the judge, court official or employee concerned to
cause within a nonextendible period of five (5) days from notice why a
set off should not be resorted to. If no explanation is filed or if the
explanation is unsatisfactory, the Office of the Court Administrator
make a report and recommendation to the Court. The latter has the
power to order the set-off or refund and, accordingly, authorize the
form the salaries the amount erroneously or illegally released.
Administrative Circular shall take effect on May 1, 2000.
this 12th day of April 2000 in Baguio City.