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This web page features the full text of
Memorandum Order No. 40-2004


MEMORANDUM ORDER NO. 40-2004

AUGMENTING THE APPROPRIATION FOR SUBSIDY TO THE INTEGRATED BAR OF THE PHILIPPINES (IBP) FOR LEGAL ASSISTANCE TO POOR LITIGANTS

WHEREAS, for CY 2002 upon recommendation of the Supreme Court, the amount of P20,000,000 as subsidy to the Integrated Bar of the Philippines (IBP) for its legal assistance to poor litigants was granted to the Court under the General Appropriations Act (GAA) for CY 2002:

WHEREAS, for CY 2003, the amount of P11,000,000 as subsidy to the Integrated Bar of the Philippines (IBP) was provided for under RA No. 9206, which was inadequate for legal assistance to poor litigants;

WHEREAS, for CY 2003, under Memorandum Order No. 25-2003, the Court granted the additional amount of P11,000,000 from savings of the Lower Courts to augment the P11,000,000 subsidy to the Integrated Bar of the Philippines (IBP);

WHEREAS, for CY 2004, the amount of only P11,000,000 for the purpose abovementioned can be made available consistent with the provisions of the reenacted budget of CY 2003; however, said amount is grossly inadequate in light of the urgency of an effective program for legal aid that gives the poor and the disadvantaged sector of society adequate legal service and access to justice;

WHEREAS, under Section 54 of the General Appropriations Act of CY 2003 (RA 9206) - as reenacted for CY 2004, in relation to Section 25(5) of Article VI of the Constitution, the Chief Justice is authorized to augment any item in the appropriation for the Judiciary from savings in other items in such appropriations;

WHEREAS, under Joint Resolution No. 1 of the Constitutional Fiscal Autonomy Group (CFAG) on Continuing Appropriations (Fiscal Autonomy Account), the Chief Justice is authorized to use savings for, inter alia, any other legal or official purpose as determined by him;

NOW, THEREFORE, upon prior consultation with and approval of the Court En Banc on 20 July 2004 in Bar Matter No. 1173, the Chief Justice hereby resolves to augment the subsidy to the Integrated Bar of the Philippines (IBP) for assistance to poor litigants under its Legal Aid Program for the current year 2004 in the amount of Eleven Million Pesos (P11,000,000), thereby increasing the approved subsidy per RA No. 9206 from P11,000,000 to Twenty Two Million Pesos (P22,000,000), chargeable against the Fiscal Autonomy Account (Lower Courts).

The IBP shall submit its CY 2004 program for legal aid activities and expenditures, which shall be subject to the usual audit by the Commission on Audit.

City of Manila, 16 July 2004.


HILARIO G. DAVIDE, JR.
Chief Justice



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