EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
Fu'st Regular Session 
)
of [Ik ferciftarp
SENATE
•19 JUL25 All M3
S. No
Introduced by SENATOR LEILA M. DE LIMA
AN ACT
TO PROTECT THE INDEPENDENCE OF OUR JUSTICE INS ITTm iONS
EXPIA^NATORY NOTE
The concept of the independence of the three branches of government extends 
from the notion that the powers of government must be divided to avoid 
concentration of these powers in any one branch; the division, it is hoped, would 
avoid any single branch from lording its power over the other branches or the 
citizenry. To achieve this purpose, the divided power must be wielded by co-equal 
branches of government that are equally capable of independent action in exercising 
their respective mandates; lack of independence would result in the inability of one 
branch of gov ernment to check the arbitrary' or self-interest assertions of another or 
others.1
Now, more than ever, when the temptation of corruption abounds and 
politicians exert more and more pressure against our court officials, we need to 
affirm our commitment to provide for a strong and independent judicial system. 
Ours is a rule of law and we enforce it by strengthening our judicial institutions.
The discretionary allowance to national government officials stationed in local 
government units (LGUs) has been, in many situations, used by local governments to 
exercise political patronage over such officials. This is especially dangerous to judges 
and public prosecutors because they may be placed in a position in which they have 
to rule on or prosecute a case against said LGUs or their officials. The prosecution 
service and the judiciary also serv'e as checks against LGUs. Thus, as against these
1 In Re: COA Opinion on the Computation of the Appraised Value of the Properties Purchased by the Retired 
Chief/Associate Justices of the Supreme Court. A.M. No. 11-7-10-SC. 31 July 2012


political units, the judiciary and the prosecution service must maintain their integrity 
and independence.
An unintended effect also of the discretionary allow^ance to the judges and 
public prosecutors is that qualified candidates tend to prioritize more affluent LGUs 
who provide more allowance. The less fortunate LGUs tend to have a hard time 
attracting judges and public prosecutors.
This bill removes the authority from the LGUs to provide discretionary 
allowances to judges and public prosecutors. To offset the lost income, a Justice 
System Independence Allowance shall be given to the judges and public prosecutors 
stationed in the LGUs. This bill also requires the Supreme Court and the Department 
of Justice to prepare a plan to transfer out their offices from buildings or facilities 
owned by LGUs to prev'ent any possible conflict with the said LGUs as regards their 
occupancy.
Approved of this measure is earnestly sought.
UEILAM. DE LIMA


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. No. 782
nf] 
^ 'C lia L  
(W ficf of tl)f S » ffrftn rp
*19 JUL 25 All-14
R C C E i : v .
Introduced bv SENATOR LEILA M. DE LIMA
AN ACT
TO PROTECT THE INDEPENDENCE OF OUR JUSTICE INS ITTUTIONS
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section i. Short Title. -  This Act shall be known as the “Justice Institutions
2 
Independence Protection Act”.
3 
Sec. 2. Declaration of Policy. -  It shall be a declared policy of the State to
4 
uphold the integrity and independence of the judiciary, national prosecution service,
5 
and the public attorney’s office. It shall further be a policy of the State to isolate the
6 
said offices from any sources of undue influence and prevent any appearance of
7 
patronage politics. To this end, the State shall prevent the grant of any benefit from
8 
any one, including local government units, to the said offices.
9 
Sec. 3. Covered Officials. -  For purposes of this Act, covered officials shall
10 
include employees from the judiciaiy and the National Prosecution Service.
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Sec. 4. Removal of Discretionary Authority of the Local Government Units to
12 
Grant Allowances to Judges and Prosecutors. -  The discretionary authority of the
13 
local government unit (LGU) councils to provide for additional allowances to judges
14 
and prosecutors are hereby revoked. Accordingly, Republic Act No. 7160, otherwise
15 
known as the Local Government Code (LGC), Sec. 447 (a)(i)(xi). Sec. 458 (a)(i)(xi),
16 
and Sec. 468 (a)(i)(xi) thereof, shall be amended to read as follows:
17 
Section 
447. 
Powers, 
Duties, 
Functions 
and
18 
Compensation. -


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(a) The sangguniang bayan, as the legislative body of the 
municipality, shall enact ordinances, approve resolutions 
and appropriate funds for the general welfare of the 
municipality and its inhabitants pursuant to Section i6 of 
this Code and in the proper exercise of the corporate 
powers of the municipality as provided for under Section 
22 of this Code, and shall:
(i) Approve ordinances and pass resolutions necessary 
for an efficient and effective municipal government, 
and in this connection shall:
XXX
(xi) When the finances of the municipal government 
allow, provide for additional allowances and other 
benefits 
to 
[judges,— prosocutor-s,] 
public
elementaiy and high school teachers, and other 
national government officials stationed in or 
assigned to the municipality;
XXX
Section 
458. 
Powers, 
Duties, 
Functions 
and
Compensation. -
(a) The sangguniang panlunsod, as the legislative body of the 
city, shall enact ordinances, approve resolutions and 
appropriate funds for the general welfare of the city and 
its inhabitants pursuant to Section 16 of this Code and in 
the proper exercise of the corporate powers of the city as 
provided for under Section 22 of this Code, and shall:
(1) Approve ordinances and pass resolutions necessary 
for an efficient and effective ciW government, and in 
this connection shall:
X x  x
(xi) When the finances of the city government allow, 
provide for additional allowances and other


1 
benefits to 
[judges;— piosocutor-sj] 
public
2 
elementary and high school teachers, and other
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national government officials stationed in or
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assigned to the city;
5 
XXX
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Section 
468. 
Powers, 
Duties, 
Functions 
and
7 
Compensation. -
8 
(b) The sangguniang panlalawigan, as the legislative body of
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the proxince, shall enact ordinances, approve resolutions
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and appropriate funds for the general welfare of the
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province and its inhabitants pursuant to Section 16 of this
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Code and in the proper exercise of the corporate powers
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of the province as provided for under Section 22 of this
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Code, and shall;
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(1) Approve ordinances and pass resolutions necessary
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for an efficient and effective provincial government,
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and in this connection shall:
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X X X
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(i) When the finances of the provincial government
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allow, provide for additional allowances and other
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benefits 
to 
[judges,— prosecutors,] 
public
22 
elementary and high school teachers, and other
23 
national government officials stationed in 
or
24 
assigned to the province;
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Sec. 5. Justice Institution Independence Allowance. -  The covered officials
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shall be entitled to a Justice Institution Independence Allowance of ten percent (10%)
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of their basic monthly salary.
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Sec. 6. Exemption from Tax. -  The Justice Institution Independence
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Allowance for covered officials shall not be subject to tax and nothing in this Act shall
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be construed as to diminish, in any manner, any benefit granted by existing laws,
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rules and regulations, local ordinances and other issuances especially favorable to
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said covered officials.


1 
Sec. 7. Comprehensive Office. -  The Supreme Court and the Department of
2 
Justice, within one (1) year from effectivity of this Act, shall prepare a comprehensive
3 
plan to transfer their offices out of any building or facility owned by local government
4 
units.
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Sec. 8. Implementing Rules and Regulations. -  The Department of Budget
6 
and Management, in consultation with the Supreme Court and Department of
7 
Justice shall, within sixty (60) days after the effectivity of this Act, issue the
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implementing rules and regulations of this Act.
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Sec. 9. Appropriations. -  Such amounts as may be necessary to implement
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this Act for the current year shall be charged against the savings of the Supreme
11 
Court and the Department of Justice. Thereafter, the National Government shall
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appropriate annually and include in the General Appropriations Act the amount
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corresponding to the total annual cost of the allowances under this Act.
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Sec. 10. Separability Clause. -  If any provision of this Act is declared
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unconstitutional or invalid, other parts or provisions hereof not affected shall
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continue to be in full force and effect.
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Sec. 11. Repealing Clause. -  All laws, executive orders, presidential decrees,
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presidential proclamations, letters of instruction, rules and regulations or parts
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thereof which are inconsistent with the provisions of this Act are hereby repealed or
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modified accordingly.
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Sec. 12. Effectivity Clause. -  This Act shall take effect fifteen (15) days
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following its publication in the Official Gazette or in two (2) newspapers of general
23 
circulation in the Philippines.
Approved,