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En Banc

JBC No. 001

Re: JBC No. 001, JBC EMOLUMENTS

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated JULY 18 2006 .

Re: JBC No. 001, JBC EMOLUMENTS. - For the consideration of the Court is a letter/request dated August 15, 2005, of the regular members of the Judicial and Bar Council (JBC), with supportive arguments for said request contained in another letter dated July 7, 2006. The regular JBC members [1] cralaw request for an adjustment of their special allowances in accordance with Republic Act No. 9227, [2] cralaw with retroactive effect.

The JBC is a creation of the 1987 Philippine Constitution, under the supervision of the Supreme Court. Its principal function is to recommend appointees to the Judiciary (par. 5, Section 8, Article VIII) as well as appointees to the Office of the Ombudsman (Ombudsman and Deputy-Ombudsman, Sec. 9, Article XI). However, it may exercise such other functions and duties as the Supreme Court may assign to it.

The Constitution provides that the JBC should be composed of the Chief Justice as ex officio Chairman; the Secretary of Justice and a representative of the Congress as ex-officio Members; a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector as regular members.

Section 8(4), Article VIII of the Constitution vests the Supreme Court with the power to determine the emoluments of the regular members of the JBC, viz:

The regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the Council.

Pursuant to this constitutional provision, the Court fixed the emoluments of the four regular members of the JBC at an amount corresponding to the salary, representation and transportation allowances (RATA) of an Associate Justice of the Court of Appeals effective December 10, 1987, [3] cralaw plus an allowance per month of P3,000.00 effective January 1, 1988, [4] cralaw later increased to P6,000.00, [5] cralaw and still later to P8,000.00 by the GAA. Moreover, the Court granted them a special allowance of P12,000.00, increased to P14,000.00 identical to the extraordinary expense received by the Associate Justices of the Court of Appeals, commencing January 1, 1997. [6] cralaw

The regular members of the JBC now pray that they given the special allowance provided for by Republic Act No. 9227. Section 2 of said law states:

Section 2. Grant of Special Allowance. All justices, judges and all other positions in the Judiciary with the equivalent rank of justices of the Court of Appeals or the Regional Trial Court as authorized under existing laws shall be granted special allowances equivalent to one hundred percent (100%) of the basic monthly salary specified for their respective salary grades under Republic Act No. 6758, as amended, otherwise known as the Salary Standardization Law, to be implemented for a period of four (4) years.

The grant of special allowances shall be implemented uniformly in such sums or amounts equivalent to twenty-five percent (25%) of the basic salaries of the positions covered hereof. Subsequent implementation shall be in such sums and amounts and up to the extent only that can be supported by the funding source specified in Section 3 hereof."

Associate Justices of the Court of Appeals receive P28,875.00 as basic monthly salary. Republic Act No. 9227 granted them special allowance equivalent to 100% of said basic monthly salary or P57,750.00 a month, to be implemented over a period of four (4) years. The Court has already implemented 50% of their monthly compensation as special allowance.

We find no reason to deny the prayer of the regular members of the JBC to be accorded the benefits of Republic Act No. 9227 since their positions have long been put at par with the Associate Justices of the Court of Appeals. It is self-evident too that the current economic realities justify the upward adjustment of their emoluments.

Wherefore, the Court Resolved to GRANT the herein request of the regular members of the Judicial and Bar Council (JBC) for an adjustment in their special allowances in accordance with Republic Act No. 9227, effective January 1, 2006, subject to availability of funds. The aforesaid Resolution of March 28, 1995 is accordingly AMENDED.

Very truly yours,

(sgd.) MA. LUISA D. VILLARAMA

Clerk of Court



Endnotes:

[1] cralaw Dean Amado L. Dimayuga, Justice (SC-Ret.) Regino C. Hermosisima, Jr., Justice (SB-Ret.) Raoul V. Victorino, and Atty. J. Conrado P. Castro.

[2] cralaw An Act Granting Additional Compensation in the form of Special Allowance for Justice, Judges and All Other Positions in the Judiciary with the Equivalent Rank of Justices of the Court of Appeals and Judges of the Regional Trial Court, and For Other Purposes, promulgated on October 23, 2003.

[3] cralaw En Banc Resolution in JBC No. 001 - Re: JBC Emoluments, dated February 14, 1989.

[4] cralaw En Banc Resolution in A.M. No. JBC-004, dated March 23, 1993.

[5] cralaw En Banc Resolution dated March 28, 1995.

[6] cralaw Memorandum dated December 16, 1997 of then Clerk of Court Atty. Luzviminda D. Puno, and approved by Chief Justice Andres R. Narvasa.


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