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[A.M. Nos. 00-8-03-SB.February 13, 2001]
RE: UNNUMBERED RESOLUTION OF THE SANDIGANBAYAN RE: ACQUISITION OF THREE MOTOR VEHICLES FOR THE OFFICIAL USE OF THE JUSTICES
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated FEB 13 2001.
A.M. No. 00-8-03-SB(Re: Unnumbered Resolution of the Sandiganbayan re: Acquisition of Three Motor Vehicles for the Official Use of the Justices.)
A.M. No. 00-8-04-SB(Re: Unnumbered Resolution of the Sandiganbayan re: Appointments, Promotions, Assignments, Suspension, Dismissal or Disciplinary Action on Officials and Employees of the Sandiganbayan.)
A.M. No. 00-8-05-SB(Re: Unnumbered Resolution of the Sandiganbayan re: Presiding Justice Entering into a Supplemental Agreement or an Amended Memorandum of Understanding with the PEA) and
A.M. No. 00-8-06-SB(Re: Unnumbered Resolution of the Sandiganbayan that the Canteen be Opened and Leased for Operation by Concessionaire, etc.)
On 26 July 2000 the Office
of the Chief Justice received copy of the unnumbered Resolution of the fourteen
(14) Associate Justices of the Sandiganbayan re: Acquisition of Three (3)
Vehicles for the Official Use of the Justices.According to the fourteen (14) Associate Justices, the newest appointees
to the Sandiganbayan, namely, Associate Justices Raoul V. Victorino and
Nicodemo T. Ferrer, assumed office in February 2000 and were assigned official
cars (Toyota Corolla, 1994 models) which are almost six (6) years old.They averred that justices Victorino and
Ferrer complained of extreme difficulties with their official cars,
compromising their safety and security.They contended that a total amount was requested for the purchase of
three (3) motor vehicles and included in the General Appropriation Act (RA
8760) for the Fiscal Year 2000, under capital outlay.They claimed that Presiding Justice Francis E. Garchitorena
adamantly refused to acquire new vehicles despite the availability of funds
therefor.Thus, they resolved that the
amount of P2,250,000.00 be allotted and set aside for the acquisition of
three (3) motor vehicles for the official use of the Justices.Additionally, the Senior Justices waived
their privilege of first preference to two (2) of the cars in favor of Justices
Victorino and Ferrer.
In his Comment dated 21 November 2000 Presiding Justice Garchitorena explained his refusal to purchase new vehicles in replacement of the old ones claiming that nothing in the service records of the vehicles indicated any serious trouble.Moreover, he contended that all the defects complained of were attended to.
On 8 August 2000 the Court consolidated A.M. No. 00-8-03-SB with A.M. Nos. 00-8-04-SB and 00-8-06-SB.
On 19 January 2001 at 7:30 in the morning the Oversight Committee, pursuant to the 16 January 2001 directive of the Supreme Court En Banc, held a breakfast meeting with Presiding Justice Francis E. Garchitorena and the Sandiganbayan Justices at the Penthouse of the Supreme Court Main Building, to discuss inter alia the proposal to acquire three (3) vehicles for the official use of the Sandiganbayan Justices.The meeting was attended by the Honorable Chief Justice Hilario G. Davide, Jr., who presided over the meeting, and Mr. Justice Sabino R. De Leon, Jr. who was specially invited to attend considering that he came from Sandiganbayan.
As agreed upon in the meeting, the Oversight Committee directed the Supreme Court Motorpool to examine the condition of the vehicles to determine whether they should be replaced with new ones.
On 5 February 2001 the Oversight Committee received a Memorandum dated 2 February 2001 from Jaime O. Mendoza, Chief Judicial Staff Officer, Property Division, Supreme Court.Mr. Mendoza reported that the three (3) vehicles sought to be replaced are Toyota Corolla 1.6 GLi models and loaded with standard accessories such as magwheels, radio-stereo, air conditioner, power locks, power windows and power steering.According to him, "[v]isual inspection shows that the inner portion of the vehicles including floor carpet and seat upholstery are still in good condition.However, the outside body portion including its body paints have minor dents and scratches.The engines when switch[ed] on give out some abnormal sounds, though minor in nature."Thus, he contended that the purchase of new units is justified as (a) maintenance costs are expected to escalate in the very near future because of the vehicles' continuous use for more than five (5) years; and (b) the economic life of staff cars is only five (5) years under Joint Resolution No. 35 dated 23 April 1997 of Constitutional Fiscal Autonomy Group (CFAG) member agencies, of which the Supreme Court and the Sandiganbayan are members.
IN VIEW WHEREOF, upon recommendation of the Oversight Committee, authority is GRANTED to the Sandiganbayan through its Presiding Justice, for the acquisition of three (3) new vehicles for the official use of the Justices, the amount for the purchase to be drawn from its savings.Considering the waiver of the Senior Associate Justices of their preferential right to the new vehicles, Associate Justices Raoul V. Victorino and Nicodemo T. Ferrer shall be given priority in the distribution thereof.
The Court further Resolved to (a) GRANT the Motion dated 5 February 2001 filed by the Associate Justices of the Sandiganbayan for an extension of three (3) days from 5 February 2001 within which to file comply with the directive of the Oversight Committee of the Supreme Court in A.M. No. 00-8-05-SB and (b) NOTE their Memorandum dated 7 February 2001 in compliance with said directive.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
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