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TO: ALL
CLERKS OF COURT OR OFFICERS-IN-CHARGE OF THE INTERMEDIATE APPELLATE
COURT,
SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL COURTS,
METROPOLITAN
TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS
AND MUNICIPAL CIRCUIT TRIAL COURTS
SUBJECT: RULES AND REGULATIONS IMPLEMENTING P. D. NO. 1949 OTHERWISE KNOWN AS THE JUDICIARY DEVELOPMENT FUND. Pursuant to Section 5 of Presidential Decree No. 1949 which, in its Section 1, established the Judiciary Development Fund, the Supreme Court hereby promulgates the following implementing rules and regulations. 1. Establishment
of Fund. - The Judiciary Development Fund, hereinafter referred to
as the Fund, is intended to benefit the members and personnel of the
judiciary
to further ensure and guarantee the independence of the judiciary as
mandated
by the Constitution. 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 which became effective on October 1, 1984. 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. At 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. The aforesaid
allowances of the members and personnel of the judiciary shall be
distributed
in proportion of their basic salaries, with bigger allowances being
granted
to those receiving a basic salary of less than 2. Administration of the Fund. - The Chief Justice of the Supreme Court shall administer and allocate the Fund and shall have the sole exclusive power and duty to approve and authorize disbursement and expenditures of the Fund in accordance with Presidential Decree No. 1949 and its implementing rules and regulations. (Section 2, PD 1949). 3. Duty of the Clerks of Court, Officers-in-Charge or Accountable Officers. - The Clerks of Court, Officers-in-Charge of the Office of the Clerk of Court, or their accountable duly authorized representatives designated by them in writing who must be accountable officers, shall receive the Judiciary Development Fund collections, issue the proper receipt therefor, maintain a separate cash book properly marked CASH BOX FOR JUDICIARY DEVELOPMENT FUND, deposit such collections in the manner herein prescribed, and render the proper Monthly Report of Collections for said Fund. 4. Depository Bank for the Fund. - The amounts accruing to the Fund shall be deposited for the account of the Judiciary Development Fund, Supreme Court, Manila by the Clerks of Court, Officers-in-Charge of the Office of the Clerk of Court in an authorized government depository bank or private bank owned or controlled by the Government to be specified by the Chief Justice. The income or interest earned shall likewise form part of the Fund. For this purpose, the depository bank for the Fund shall be the Philippine National Bank (PNB), or any private bank owned or controlled by the government upon authority of the Chief Justice. 5. Systems and Procedures: Until
official cash
books are available, the ordinary Record Book, (7" x 12") may be used
for
the purpose, provided that the same shall be marked "CASH BOOK FOR
JUDICIARY
DEVELOPMENT FUND."
e. Reimbursement of Expenses. - All ordinary and reasonable expenses incurred for the remittance of collections and transmittal of reports for the Judiciary Development Fund shall be reimbursed by the Supreme Court upon submission of the duly accomplished voucher together with the necessary receipts and other supporting papers required in audit, direct to the Chief of the Fiscal Management and Budget Office of the Supreme Court. In no case shall expenses incurred for the Judiciary Development Fund be deducted from the collections which should be remitted in full. SUPREME COURT OF THE PHILIPPINES M A N I L A 7. Strict observance of these rules and regulations is hereby enjoined. The Clerks of Court, Officers-in-Charge shall exercise close supervision over their respective duly authorized representatives to ensure strict compliance herewith and shall be held administratively accountable for failure to do so. Failure to comply with any of these rules and regulations shall mean the withholding of the salaries and allowances of those concerned until compliance thereof is duly effected, pursuant to Section 122 of P. D. No. 1445 dated June 11, 1978, without prejudice to such further disciplinary action the Court may take against them. Issued this 21st
day of February, nineteen hundred and eighty five.
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