A.
M. NO. 99-8-01-SCRESOLUTION
PROVIDING FOR OTHER SOURCESOF
THE JUDICIARY
DEVELOPMENT FUND
WHEREAS,
Presidential Decree No. 1949 promulgated on 18
July 1984,
established the Judiciary Development Fund "for the benefit of the
members
and personnel of the Judiciary to help ensure and guarantee the
independence
of the Judiciary as mandated by the Constitution and public policy and
required by the impartial administration of justice," and to "safeguard
the integrity of its members;"
WHEREAS,
Section 1 of the Decree provides that 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 to be promulgateed
by the Supreme Court;"
WHEREAS, the
phrase "among others" in Section I of the Decree logically
refers to such sources as may be prescribed or defined by the Supreme
Court,
having in view the purpose for which the Judiciary Development fund is
established, i.e., "to help ensure and guarantee the independence of
theJudiciary"
and the constitutional mandate that the "Judiciary shall enjoy fiscal
autonomy"
(Sec. 3, Art. VIII, Constitution);
WHEREAS,
the Court's authority to determine, fix and
prescribe such other sources of the Judiciary Development Fund
is
affirmed in the
third WHEREAS clause of Presidential Decree No. 1949 that "the
Judiciary,
in the discharge of its functions and duties, can generate its own
funds
and resources to help augment its budgetary requirements and ensure
the uplift of its members and personnel." (Italics supplied for
emphasis);
WHEREAS,
considering the greatly increased cost of living, the devaluation
of the peso and inflation, on the one hand, and the urgent need to
attract
more qualified lawyers and individuals to the Judiciary Development
Fund
by (a) increasing the docket and other fees prescribed in Rule 141 of
the
Rules of Court, wih due regard to the constitutional guarantee that
free
access to the courts shall not be denied to any person by reason of
poverty
(Sec. 11, Article III, Constitution), and (b) determining, fixing and
prescribing
other sources of the Judiciary Development Fund;
NOW,
THEREFORE, in order to augment the Judiciary
Dvelopment
Fund created by P. D. No. 1949, The Supreme Court hereby RESOLVES:
1. To
(a)
increase the docket and other fees presently prescribed in Rule 141 of
the Rules of Court, and (b) prescribe and impose docket fees on estafa
cases where the offended party fails to manifest within fifteen (15)
days
following the filing of the information that the civil liability
arising
from the crime has been, or would be, separately prosecuted; motions
for
postponement after the completion of the pre-trial stage;
applications
for notarial commissions; bonds by sureties in criminal and civil
cases; application for an entries of certificates of sale and
final
deeds of sale in extrajudicial foreclosures or mortgages; and
applications
for and certificates of sale in notarial foreclosures. For this
purpose,
the Office of the Court Administrator shall submit for the approval of
the Court the appropriate recommendation thereon not later than 15
October
1999;
2.
To DECLARE
as part of the Judiciary Development Fund the following:
(a) Incomes
derived by the Judiciary from;
(aa)
reports (of
Division of the Supreme Court, Court of Appeals, Sandiganbayan), books,
periodicals, pamphlets or the like, printed by the Supreme Court, Court
of Appeals, or Sandiganbayan or as the case may be;
(bb)
unserviceable
equipment and pieces of furniture (such as vehicles, computers,
typewriter,
chairs, tables, etc.);
(cc)
disposable
records or papers; and
(2) The pursuit
or operation of transportation facilities for members and personnel of
the Judiciary offered
by
the Supreme Court, Court of Appeals, the Sandiganbayan,
or the lower courts;
(3)
The grant of concessions to operate canteens or to provide other
services;
and
(4) Rentals of facilties.
(b)
Fees collected
from Bar candidates, or participants of seminars/workshops or
conferences
offered or conducted by the Court.
(c)
Fees now
authorized to be paid or collected by sheriffs, such as sheriff's
commissions.
(d)
Interests
on deposits of its income.
(e)
Interests
on deposits of money paid to or deposited with clerks of courts or
other
accountable officials of courts for any purpose, such as for
interpleader,
consignation, etc., which have been, or to be treated as trust fund or
special fund.
(f)
Confiscated
cash bonds, satisfaction of judgments against bonds, and proceeds from
the public sale of confiscated property bonds, in both civil and
criminal
cases where such bonds were posted.cralaw:red
This Resolution shall not bar the future determination of other sources
of the Judiciary Development Fund.
This
Resolution shall take effect on 1 November 1999 and shall be published
in two newspaper of general circulation in the Philippines.
Let copies of this Resolution be furnished the Office of the President,
the Senate President, the Speaker of the House Representatives, and the
Secretaries of the Department of Budget and Management, Department of
Finance
and the Department of Justice.
Promulgated this 14th day September 1999.
(Sgd.)HILARIO
G.
DAVIDE, Jr.Chief
Justice(Sgd.)JOSUE
N.
BELLOSILLOAssociate
Justice(Sgd.)JOSE
A.R.
MELOAssociate
Justice(Sgd.)REYNATO
S.
PUNOAssociate
Justice(Sgd.)JOSE
C. VITUGAssociate
Justice(Sgd.)SANTIAGO
M. KAPUNANAssociate
Justice(Sgd.)VICENTE
V.
MENDOZAAssociate
Justice(Sgd.)ARTEMIO
V.
PANGANIBANAssociate
Justice(Sgd.)LEONARDO
A. QUISUMBINGAssociate
Justice(Sgd.)FIDEL
P.
PURISIMAAssociate
Justice(Sgd.)BERNARDO
P. PARDOAssociate
Justice(Sgd.)ARTURO
B.
BUENAAssociate
Justice(Sgd.)MINERVA
P.
GONZAGA-REYESAssociate
Justice(Sgd.)CONSUELO
YNARES-SANTIAGOAssociate
Justice
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