HOUSE GF RLESTNTATIVES
ECERVED
pane, 12 JUL 2018

Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

PISS TRO ION WNIT
SEVENTEENTH CONGRESS | BILLS AND INDEX SERVICE
First Regular Session

1337

House Bill No.

Introduced by Honorable ERLPE JOHN “PING” M. AMANTE

EXPLANATORY NOTE

This Bill seeks to prohibit all Local Government Units (LGU) to allocate funds
from their Annual Budget, Internal Revenue Allotment and all other Local
Government Funds for the allowances and all other forms of benefits to the
members and personnel of the Judiciary and National Prosecution Service
stationed in or assigned in their respective LGUs.

The concept of judicial independence lies on the integrity, morality,
incorruptibility and impartiality of the members of the judiciary and the
prosecution service. However, with the enactment of Republic Act No. 7160
otherwise known as the Local Government Code of 1991, Local Government Units
were given authority to allocate from their Local Government Funds, additional
allowances and other benefits to judges and prosecutors stationed in their areas.

‘This mechanism tends to undermine the independence of the judiciary and
raise some issues on morality. Judges and Prosecutors, as dispenser of justice,
must at all times isolate themselves from the alluring financial temptation.

This proposed measure is not meant to discredit the integrity, impartiality
and moral character of judges and prosecutors particularly those receiving
allowances from the LGUs, nor maliciously accuse or assume that they are partial
and outrageously immoral, but only to create a mechanism that will ensure judicial
independence of our judges and prosecutors.

In view of the foregoing, the approval of this Bill is earnestly sought.

‘PING” M. AMANTE.


Repubite ofthe Bhtppans
House of Representatives
Quezon City, Meteo Manila

SEVENTEENTH CONGRESS
First Regular Session

1397

House Bill No.

Introduced by Honorable ERLPE JOHN “PING” M. AMANTE

AN ACT
PROHIBITING THE LOCAL GOVERNMENT UNITS TO ALLOCATE FUNDS FOR
THE ALLOWANCES AND ALL OTHER FORMS OF BENEFITS TO THE MEMBERS
AND PERSONNEL OF THE JUDICIARY AND THE NATIONAL PROSECUTION
SERVICE, AMENDING FOR THE PURPOSE, SECTIONS 447 (A)(1)(XI), 458
(A)(1)(X1), 468 (A)(1)(XI) OF REPUBLIC ACT NO. 7160 AS AMENDED OR “THE
LOCAL GOVERNMENT CODE OF 1991”, THEREBY STRENGTHENING THEIR
INDEPENDENCE AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives in Congress assembled:

Section 1. Short Title. This Act shall be known as the “Enhanced Judicial
Independence Act of 2015”

Section 2. Declaration of Policy. It is hereby declared the policy of the State
to ensure an effective justice system that comprises with independent-minded
judges and prosecutors who are consciously shielding themselves with the financial
temptation being offered to them by the Local Government Units in the form of
Special Allowances and other forms of benefits. Towards this end, the belief of
intimidation and pressure whenever a benefactor Local Government Unit is a party
to a case will be diminished.

Section 3. Prohibition for the Local Government Units to Allocate Funds for the
Additional Allowances and All Other Forms of Benefits to the Members of the
Judiciary and Members of the National Prosecution Service Assigned In or Stationed
in their Respective Local Government Units. All Local Government
Units are hereby prohibited to allocate funds from their Annual Budget, Internal
Revenue Allotment and all other Local Government Funds for the allowances and
all other forms of benefits to the members and personnel of the Judiciary and the
National Prosecution Service stationed in or assigned in their respective Local
Government Units.


Section 4. Prohibition on Members and Personnel of the Judiciary and National
Prosecution Service. It shall be unlawful and illegal for the members and
personnel of Judiciary and National Prosecution Service to receive all forms of
additional compensation, allowances, honoraria, bonuses and other emoluments
from any Local Government Unit, except those compensations, allowances,
honoraria, bonuses and other emoluments directly paid by the Judiciary and the
Department of Justice respectively, out of its annual budget and appropriations.

Section 4. Amendment of Pertinent Provision of the Local Government Code.
Sections 447 (a)(1)(xi), 458 (a)(1)(xi), 468 (a)(1)(xi) of Republic Act No. 7160 as
amended or “The Local Government Code of 1991” are hereby amended to read as
follows:

Section 447. Powers, Duties, Functions and Compensation. -

(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 16 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:

(1) Approve ordinances and pass resolutions necessary for an efficient
and effective municipal government, and in this connection shall:

XXXXXXXXX XX XXX XXANXXNXXXXNXXX

(xi) When the finances of the municipal government allow,
provide for additional allowances and other benefits to [judges,
prosecutors] public elementary and high school teachers, and
other national government officials stationed in or assigned to
the municipality;

Section 458. Powers, Duties, Functions and Compensation.

(a) The sangguniang panlungsod, 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 city government, and in this connection, shall:

XX XXX XXXXXXXXXXXXXXXXXXXXXXXX

(xi) When the finances of the city government allow,
provide for additional allowances and other benefits to
[judges, prosecutors] public elementary and_ high
school teachers, and other national government officials
stationed in or assigned to the city;


Section 468. Powers, Duties, Functions and Compensation.

(a) The sangguniang panlalawigan, as the legislative body of the province,
shall enact ordinances, approve resolutions and appropriate funds for the
general welfare of the province and its inhabitants pursuant to Section 16 of
this Code in the proper exercise of the corporate powers of the province as
provided for under Section 22 of this Code, and shall:

(1) Approve ordinances and pass resolutions necessary for an efficient
and effective provincial government and, in this connection, shall:

XXXXXXXXXXXXXNXXXNXXXXXXXXXXN

(xi) When the finances of the provincial government allow,
provide for additional allowances and other benefits to [Judges,
prosecutors] public elementary and high school teachers, and
other national government officials stationed or assigned to the
province.

Section 5. Penalties. (a) Any member or personnel of the Judiciary and National
Prosecution Service found to be violating the provisions of this Act shall, upon
conviction, be punished with imprisonment of six months and one day to twelve
years, perpetual disqualification from public office, and shall refund all those
previously received additional compensation, allowances, honoraria, bonuses and
other emoluments

(b) Any officer of the local government unit who caused the release of any additional
compensation, allowances, honoraria, bonuses and other emoluments to the
members and personnel of the Judiciary and the National Prosecution Service
shall, upon conviction, be punished with imprisonment of six months and one day
to twelve years and perpetual disqualification from public office.

Section 6. Implementing Rules and Regulations. For purposes of the
implementation of this Act, the Secretary of the Department of Interior and Local
Government shall issue such rules and regulations as he may deem necessary and
appropriate Department Orders for the effective implementation of this Act.

Section 7. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations which are inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

Section 8. Separability Clause. - If for any reason or reasons, any portion or
provision of this Act shall be held unconstitutional or invalid, all other parts or
provisions not affected shall thereby continue to remain in full force and effect.

Section 9. Effectivity.- This act shall take effect fifteen days (15) after its
publication in at least two (2) national newspapers of general circulation.

Approved,