Court employees start Black Monday protest
INQUIRER PHOTO / NIÑO JESUS ORBETA
As heavy rains dumped by Typhoon “Pedring” flooded parts of Metro Manila, court employees poured out of their offices on Monday to oppose a Malacañang move to slash the judiciary’s budget for 2012.
Armed with umbrellas and clad in black shirts, about 200 Supreme Court personnel and lawyers took part in a brief protest action outside the high court’s building on Padre Faura Street in Manila, after Monday’s flag-raising ceremony.
They were against the decision of the Department of Budget and Management (DBM) to transfer a large portion of the judiciary’s budget next year to the Miscellaneous Personnel Benefits Fund (MPBF).
With the transfer of the allocation for unfilled positions in the courts to the MPBF, the judiciary’s 2012 budget of P14.3 billion would be reduced to P13.3 billion. The fund will be under the control of the Office of the President.
A tarpaulin placed in front of the tribunal read: “Protect judicial independence.”
“We are not going to pick a fight with anybody. All we want is for the government to respect the Constitution,” said Jojo Guerrero, president of the Supreme Court Employees Association.
“We say no to the budget cut because the 1987 Constitution clearly states that the judiciary’s budget should be released automatically every year,” Guerrero said.
Court workers in the Sandiganbayan, Court of Appeals and the trial courts in Metro Manila belonging to the Judiciary Employees Association of the Philippines (Judea) held similar programs to kick off their weekly “Black Monday” protest.
Armbands
Aguilar said the first protest was generally successful, with about 95 percent of court employees in the metropolis donning black shirts or armbands.
He also said none of the Judea members were involved in any work disruption and that the business of the courts went on as usual.
The Judea interim president, Mar Aguilar, said he was open to the idea of meeting with the DBM.
President Benigno Aquino III’s deputy spokesperson, Abigail Valte, earlier said the DBM was willing to hold talks with the judiciary employees about the budget reduction.
Valte said Budget Secretary Florencio Abad Jr. was the best person who could explain the proposed budget of the judiciary.
Earlier, Judea said the budget cut could be aimed at putting the judiciary under Malacañang control or considered an interference in a coequal branch of government.
The group demanded that its budget be at least 1 percent of the total national budget.
Control
Critics said Malacañang’s proposal to control part of the judiciary funds might result in the courts begging the Palace to release their own funds every time it appoints a new magistrate.
They pointed out that under the Constitution, the judiciary’s budget should not be reduced below the amount appropriated for the previous year. After approval, the amount should also be automatically released.
The Supreme Court distanced itself from its employees’ decision to carry out the weekly rally.
Jose Midas Marquez, the tribunal spokesperson and administrator, said that while magistrates recognized the importance of keeping the high court’s fiscal autonomy, they were not part of the protest action.
“This is an independent act of our employees. They are free to do what they want to do,” said Marquez, who briefly showed up at the rally.
Because some groups or individuals may question the constitutionality of the MPBF, the magistrates will not issue any statement on the matter, he said.
Personal opinion
“I don’t think they will give a stand on this matter because this is something that can be filed and be addressed by them later on in the proper proceeding,” Marquez said at a news briefing.
But Marquez expressed his opinion on the issue, saying the constitutional provision on the judiciary’s budget was clear. “I don’t think it can be subject to interpretation, only application, because of its clarity,” he said.
Even a layman, he said, could easily understand Section 3 of Article 8 of the Constitution, which reads: “The judiciary shall enjoy fiscal autonomy. Appropriations for the judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released.”
Marquez said he allowed the workers to hold the protest action “because that’s part of their freedom of expression and their right to express their views.”
Besides, he said, the employees assured him that their work would not be hampered this week and the succeeding Mondays.
