ADMINISTRATIVE
CIRCULAR NO. 2-2000GUIDELINES
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.
[Sgd.]
HILARIO
G. DAVIDE, JR.Chief
Justice
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