DISPOSAL OF UNSERVICEABLE PROPERTIES IN THE LOWER COURTS AND ACQUISITION OF NEW ONES TO REPLACE THEM, AND FOR OTHER PURPOSES

WHEREAS, in his Memorandum Order No. 5-2003 issued on 3 February 2003, copy attached, the Chief Justice directed the Office of the Court Administrator (OCA) to take immediate steps for the conduct of an inventory of existing equipment, furniture, fixtures, etc. of the first and second level courts with the end in view of determining which are unserviceable and what need to be acquired;

WHEREAS, in that Memorandum Order, the OCA was required to submit a report on the inventory not later than 30 July 2003, but because of the failure of many lower courts to submit their separate inventories the Court Administrator could only submit a partial report; and it was only on 8 June 2004 that he was able to submit a Final Report;

WHEREAS, the Final Report shows an inventory of unserviceable equipment, furniture, fixtures, etc., as well as a list of the first and second level courts which did not comply with Memorandum Order No. 5-2003 and the directives of the OCA issued in relation thereto;

WHEREAS, the unserviceable equipment, furnitures, etc. must now be disposed of, and new ones must now be acquired to replace them.

NOW, THEREFORE, the OCA, in coordination with the Procurement Planning Committee, the Committee on Bids for supplies and equipment, and the Property Division of the OCA, should forthwith

1.  Cause the disposal of the unserviceable equipment, furnitures,  etc.,  enumerated in the  Final  Report in accordance with applicable laws, rules, and issuances of the Supreme Court;

2.  Undertake the acquisition of new equipment, furnitures, etc. to replace the unserviceable ones or to provide the courts concerned with additional necessary equipment, furnitures, etc. conformably with existing laws, rules and regulations.  Regional or provincial acquisition thereof may be resorted to if it would be cheaper or more expeditious and thus more advantageous to the Government; and

3) Take such appropriate action as may be necessary against the concerned Judges or Clerks of Court of those courts which failed to submit the inventory required in Memorandum Order No. 5-2003 and the directives of the OCA issued in relation thereto.

The funding for the acquisition of the new equipment, furnitures, etc. shall be charged against the 20% of the Judiciary Development Fund (JDF) allotted for equipment and facilities.

This Memorandum shall take effect immediately.

Issued this 18^th day of June 2004.