Fifteenth Congress
Third Regular Session

HOUSE BILLNo,__ 6444

Introduced by Honorable Rosenda Ann M. Ocampo

EXPLANATORY NOTE

The Judiciary Development Fund (JDF) was established under
Presidential Decree (PD) No. 1949 to augment the allowances of the
members and personnel of the Judiciary and to finance the acquisition,
maintenance and repair of court offices’ equipment and facilities. The JDF
is derived from legal fees paid by the people who avail of court services and
from other sources of revenue identified by the Supreme Court.

Pursuant to PD 1949. the Chief Justice of the Supreme Court
administers and allocates the JDF. The Chief Justice has the sole exclusive
power and duty to approve disbursements and expenditures of the fund. In
recent years, critics of the Supreme Court have pointed out the lack of
transparency and accountability in the disbursement of the JDF. In the
recent impeachment case of former Chief Justice Renato C. Corona, the
alleged failure and refusal to account for the Judiciary Development Fund
was included as one of the grounds for his impeachment.

To ensure transparency in the custody, accounting and disbursement
of the Judiciary Development Fund, this bill mandates the transfer of the
administration of the Judiciary Development Fund to the Bureau of
Treasury. Further, it also ensures the inclusion of the allocation of the JDF
in the budget of the Supreme Court in the annual General Appropriations
Act.

This bill also intends to insulate the position of the Chief Justice from
unwarranted criticisms or false accusations of corruption in the
administration of the JDF. Moreover, the Supreme Court will continue to
exercise its exclusive power to identify the expenditures to be paid from the
JDF in accordance with PD 1949.


Ultimately, this bill will promote public accountability and
transparency in handling the Judiciary Development Fund and will prevent
the abuse of discretion in its administration.

In view of the foregoing, approval of this bill is urgently requested.



Fifteenth Congress
Third Regular Session

HOUSE BILLNO, 0444

Introduced by Honorable Rosenda Ann M. Ocampo

AN ACT
MANDATING THE TRANSFER OF THE ADMINISTRATION OF THE
JUDICIARY DEVELOPMENT FUND FROM THE SUPREME COURT
TO THE BUREAU OF TREASURY

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

SECTION 1. Notwithstanding the provisions of existing laws, the
administration of the Judiciary Development Fund (JDF) as established pursuant
to Presidential Decree (PD) No. 1949 is hereby transferred to the Bureau of
Treasury starting on the next fiscal year after the effectivity of this Act.
Thereafter, all fees, constituting the JDF, collected by the courts in accordance
with the existing guidelines issued by the Supreme Court, shall be remitted
regularly by the Supreme Court to the Bureau of Treasury in accordance with
the implementing rules and regulations promulgated under this Act

The amount accruing to the JDF shall be held in trust by the National

Treasury for the Judiciary. It shall _be allocated and used exclusively for the

purpose indicated in Section 1 of PD 1949 and shall be included and treated as

a separate and distinct budget item of the Supreme Court in the annual General


Appropriations Act. Notwithstanding the transfer of funds to the National

Treasury, Congress shall ensure that the fiscal independence _and_autonomy of

the Supreme Court is maintained.

The Commission on Audit shall, through the Auditor of the Supreme
Court or his duly authorized representatives, audit quarterly the receipts,
revenues, uses, disbursements and expenditures of the JDF, and shall submit the
appropriate report in writing to the Chairman of the Commission on Audit and
to the Chief Justice of the Supreme Court, copy furnished the Presiding Justices
of the Court of Appeals, Court of Tax Appeals, and Sandiganbayan and all
Executive Judges.

SEC. 2. Within ninety (90) days from the approval of this Act, the Chief
Justice of the Supreme Court shall, in coordination with the Secretary of Budget
and Management and the National Treasurer, formulate the necessary rules and
regulations for the effective implementation of this Act.

SEC. 3. Sections 2 and 3 of Presidential Decree No. 1949 are hereby
repealed. All other laws, orders, decrees, rules and regulation inconsistent
herewith are hereby amended or modified accordingly.

SEC.4, If any provision of this Act is declared invalid or unconstitutional,

the provisions not affected shall continue to be in full force and effect.

SEC.5 This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in two (2) national newspapers of general circulation,

Approved,