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GUIDELINES
ON WITHHOLDING OF SALARIES AND OTHER MONETARY BENEFITS OR SET-OFF
AGAINST
SALARIES OF ALLEGEDLY ERRONEOUSLY RELEASED MONETARY BENEFITS.
The
Office of the Chief Justice has received complaints from judges, as
well
as court officials and employees, of what they consider unjust and
unfair
withholding of their salaries and other monetary benefits allegedly for
failure to comply with some administrative orders, circulars, or
directives
of the Supreme Court or the Office of the Court Administrator, or for
pendency
of administrative cases.
Of late, too, there have been complaints of the withholding of salary checks allegedly to set off or refund some monetary benefits, such as 13th month bonus, alleged to have been erroneously released to the Judge, court officials or employees concerned. The 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 misunderstanding. Accordingly, henceforth, 1. No withholding of salaries and other monetary benefits, such as bonuses, may be unilaterally done by the Office of the Court Administrator for failure to comply with administrative orders, circulars, and the like, or for any infraction or misfeasance which the Office of the Court Administrator may deem sufficient cause for the withholding. The Office of the Court Administrator shall first require the offending judge, court official or employees to show cause within a nonextendible period of five (5) days from notice why his salary or other monetary benefits should not be withheld by reason of any of such causes. If no explanation is filed or if the explanation is unsatisfactory, the Office of the Court Administrator shall forthwith make a report and recommendation to the Court for its appropriate disposition of the matter. 2. Neither may the Office of the Court Administrator unilaterally withhold salary checks of judges and court officials and employees as a means to set off or enforce refund for monetary benefits claimed to have been erroneously or even illegally released to them. The Office of the Court Administrator shal first require the judge, court official or employee concerned to show 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 must make a report and recommendation to the Court. The latter has the exclusive power to order the set-off or refund and, accordingly, authorize the deduction form the salaries the amount erroneously or illegally released. This Administrative Circular shall take effect on May 1, 2000. Promulgated this 12th day of April 2000 in Baguio City. |
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 Harvard
Computer Systems, Inc. |
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