Chief prosecutor Rep. Niel Tupas Jr. INQUIRER FILE PHOTO
MANILA, Philippines – Chief Justice Maria Lourdes Sereno’s no-show at an inquiry by the House of Representatives into the Supreme Court’s Judiciary Development Fund (JDF) Tuesday prompted lawmakers to call off the hearing.
The committee on justice, headed by Representative Niel Tupas Jr., invited Sereno, saying its purpose was “to help the entire judiciary . . . We want to give courtesy to the Supreme Court.”
The lower chamber is seeking either an amendment to or repeal of the law creating the JDF, after the Supreme Court struck down Congress’ Priority Development Assistance Funds (PDAF) at the height of a corruption scandal involving the alleged transfer of lawmakers’ PDAF or pork barrel funds to alleged bogus non-government organizations.
In a letter to Speaker Feliciano Belmonte before the hearing, however, Sereno cited “fiscal autonomy” and “judicial independence” of the Supreme Court as a co-equal branch of government.
Sereno said the “timing and context in which a Committee of the House is proposing to inquire into the JDF as indicated in its letter, is that they leave much to be desired, and at this point, do not seem to be fully cognizant of the kind of healthy relationship that should exist between, on the one hand, the House of Representatives and on the other, the Supreme Court.”
Sereno requested the chamber to give them time to study whether or not attending the hearing about their so-called “pork barrel funds” would affect their “judicial independence” and “fiscal autonomy.”
Representative Rudy Farinas, one of the proponents of a bill against the JDF, said the court could not invoke fiscal autonomy because under the Constitution, it only covered appropriated budget.
Chief Justice Ma. Lourdes Sereno AP FILE PHOTO
But the JDF was not under an appropriations law, he added.
“Walang appropriations by law dahil hindi ito pumasok sa treasury,” Farinas said.
Tupas said he remained confident that the Supreme Court would cooperate with the chamber just as they had done in other bills where their help was sought.
Despite calling off the hearing, Tupas allowed sponsorship speeches.
The JDF, long seen as the court’s “pork barrel” funds”, is sourced from the funds collected by courts nationwide from docket and other court fees.
Presidential Decree 1949, dated July 18, 1984 created the JDF “in order to preserve and enhance the independence of the judiciary at all times and safeguard the integrity of its members,” being the lone apolitical branch of government.
Under PD 1949, 80-percent of the JDF shall be used to augment the allowances of justices, judges, and court personnel; the remaining 20-percent for office equipment and facilities.
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