SEVENTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
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SENATE
SENATE BILL NO. 1346
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RECEIVED OV:
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Introduced by SENATOR LEILA M. DE LIMA
AN ACT
TO PROTECT THE INDEPENDENCE OF OUR JUDICIAL SYSTEM
EXPLANATORY NOTE
The Constitution, Article 2, Section 27 provides:
SECTION 27. The State shall maintain honesty and integrity in the 
public service and take positive and effective measures against 
graft and corruption.
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 government 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 to 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.
A judge’s conduct must be above reproach. Like Caesar’s wife, a judge must not 
only be pure but above suspicion. A judge’s private as well as official conduct must at 
all times be free from all appearances of impropriety, and be beyond reproach.2 The
1 In  R e: COA O p in io n  o n  th e  C o m p u ta tio n  o f  th e  A p p ra is e d  V a lu e  o f  th e  P ro p e rtie s  P u rc h a s e d  b y  th e  R e tire d  
C h ie f/A s s o c ia te  J u s tic e s  o f  th e  S u p re m e  C o u rt. A.M. No. 11-7-10-SC. 31 July 2012.
2 M a g a r a n g  v. J a rd in , 402 Phil. 671 (2001).


public prosecutor must be covered by the same standards as they, too, exercise quasi­
judicial functions.
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 judiciaiy also serve as checks against LGUs. Thus, as against these political 
units, the judiciary and the prosecution service must maintain their integrity and 
independence.
An unintended effect also of the discretionary allowance 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 
allowance 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 prevent any possible conflict with the said LGUs as regards their occupancy.
LHILAM. DE LIMA


SEVENTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
SENATE BILL NO. 
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Introduced by SENATOR LEILA M. DE LIMA
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AN ACT
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TO PROTECT THE INDEPENDENCE OF OUR JUDICIAL SYSTEM
Be it enaeted by the Senate and House of Representatives of the Philippines in 
Congress assembled.
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SECTION 1. Short Title. 
-  This Act shall be known as the “Judicial System
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Independence Protection Act”.
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Sec. 2. Declaration of Policy. -  It shall be a declared policy of the State to uphold the 
integrity and independence of the judiciary, national prosecution service, and the 
public attorney’s office. It shall further be a policy of the State to isolate the said offices 
from any sources of undue influence and prevent any appearance of patronage politics. 
To this end, the State shall prevent the grant of any benefit from any one, including 
local government units, to the said offices.
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Sec. 3. Covered Officials. -  For purposes of this Act, covered officials shall include
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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 Grant
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Allowances to Judges and Prosecutors. -  The discretionary authority of the local
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government unit (LGU) councils to provide for additional allowances to judges and
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prosecutors are hereby revoked. Accordingly, Republic Act No. 7160, otherwise known
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as the Local Government Code (LGC), Sec. 447 (a)(i)(xi), Sec. 458 (a)(i)(xi), and Sec.
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468 (a)(i)(xi) shall be amended to read as follows:
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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 necessaiy 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, prosecutors,] public elementaiy 
and high school teachers, and other national 
government officials stationed in or assigned to the 
municipality;
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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 necessaiy for an 
efficient and effective city government, and in this connection, 
shall:
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(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;
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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 necessaiy for an 
efficient and effective provincial government and, in this 
connection, shall:
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(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.
Sec. 5. Justice System Independence Allowance. -The covered officials shall be 
entitled to a Justice System Independence Allowance of ten percent (10%) of their 
basic monthly salary.
Sec. 6. Exemption from Tax. -  The Justice System Independence Allowance for 
covered officials shall not be subject to tax and nothing in this Act shall be construed 
as to diminish, in any manner, any benefit granted by existing laws, rules and 
regulations, local ordinances and other issuances especially favorable to said covered 
officials.
Sec. 7. Comprehensive Office Plan. -  The Supreme Court and the Department of 
Justice, within one (1) year from effectivity of this Act, shall prepare a comprehensive 
plan to transfer their offices out of any building or facility owned by local government 
units.
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Sec. 8. Implementincj Rules. -  The Department of Budget and Management, in 
consultation with the Supreme Court and Department of Justice shall, within sixty 
(6o) days after the effectivity of this Act, issue the implementing rules and regulations 
of this Act.
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Sec. 9. Appropriations. -  Such amounts as may be necessary to implement this Act
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for the current year shall be charged against the savings of the Supreme Court and the
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Department of Justice. Thereafter, the National Government shall appropriate
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annually and include in the General Appropriations Act the amount corresponding to
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the total annual cost of the allowances under this Act.
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Sec. lo. Separability Clause. Should any provision of this Act be declared invalid, the
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remaining provisions shall continue to be valid and subsisting.
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Sec. n . Repealing Clause. All laws, executive orders, or administrative orders, rules
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and regulations or parts thereof, which are inconsistent with this Act are hereby
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amended, repealed or modified accordingly.
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Sec. 12. Effectivity. -  This Act shall take effect fifteen (15) days after its publication in
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the Official Gazette or in two (2) newspapers of general circulation.
Approved,