Senators urge Palace to discuss budget issues with Supreme Court

MANILA, Philippines—Senators asked Malacañang to reconsider its announcement that it would not discuss the Supreme Court’s 2012 budget, if only as a sign of “respect for a co-equal branch” in the government.

“If the administration can spend time talking to communist and Muslim rebel groups, why not talk to the magistrates of the Supreme Court,” Senate justice chairman Francis Escudero said.

“If a talk is necessary and dialogues without preconditions can be achieved with rebel groups, co-equal branches are supposed to be allies within the government.  Maybe Malacañang can operate using that mindset,” he suggested.

Escudero’s call followed a statement made by Abigail Valte, deputy presidential spokesperson, that the issue of the Supreme Court budget “is a settled issue” that would need no follow-up.

This was after a proposal from the House of Representatives to convene a Judicial, Executive and Legislative Advisory and Consultative Council (Jelacc) to tackle contentious issues hounding the three branches of government.

Last week, Chief Justice Renato Corona complained about the judiciary’s independence being trampled upon by the plan to transfer its P2 billion savings to Malacañang’s Miscellaneous Personnel Budget Fund (MPBF), coupled by threats of impeachment.

The Supreme Court’s savings would be taken from unspent funds earmarked for vacancies within the judiciary. Malacañang intends to collect an MPBF of P101 billion in 2012 from such savings from various government offices.

Earlier, Senate finance committee chairman Frank Drilon, an ally of President Aquino, said the Senate would no longer pursue the MPBF out of respect for the independence of the judicial branches of government and the constitutional bodies such as the Ombudsman, the Commission on Audit, the Civil Service Commission and the Commission on Elections.  However, Drilon has proposed that these agencies submit regular reports to the government on how funds are being spent.

Meanwhile, Palace critics warned that taking the Supreme Court savings would violate its fiscal independence as guaranteed under the Constitution.

Escudero also cautioned Valte, along with presidential spokesperman Edwin Lacierda and Communications Secretary Ricky Carandang, to be cautious with their comments.

“Dapat minsan, maghunos-dili ang tagapagsalita ng Palasyo. Baka nakakalimutan nila na tuwing sila’y nagsasalita, parang Pangulo na rin ang nagsasalita. Sana maging maingat sila (The Palace spokesmen should be careful.  They may have forgotten that when they speak, it is as if the President is speaking. Hopefully, they will be careful),” he said.

“It is not Undersecretary Valte, Secretary Carandang or Secretary Lacierda who talks when they are being interviewed as spokespersons of the President. It is like the President himself who is talking so they have to make sure that (whatever statements they give) really came from or can be confirmed (“kayang paninidigan”) by the President,” he added.

Senator Miriam Santiago, a former judge, supported the offer of a Jelacc meeting so that a specific policy on the judiciary’s budgetary spending and savings could be formulated.

“Instead of hostile exchanges, let’s formulate a policy.  If there are no new appointees, the funds should not be touched. The Constitution provides for the judiciary’s fiscal autonomy. There cannot be deductions in its future budgets,” she noted.

“Otherwise, the Supreme Court can be manipulated through deductions in its funds. So we can create a policy restricting its use only for what it is intended for. Charges can be filed in case there are violations,” Santiago added.

The senator said that as it is, Corona has already begun his campaign to augment the salaries of judges around the country and spend for improvements of their working environments.

Santiago observed that most judges have been forced to function under oppressive conditions including cramped and crowded courtrooms.

“Employees sometimes have a hard time sitting down because there is little space and it is difficult to search for documents especially if these are stashed and stocked in odd corners,” she said.

“The Chief Justice plans to expand the halls of justice just so the environment can command respect. Hindi mukhang kulungan (At least the courtrooms would not look like jail cells). And so the documents can be more organized.  If its savings are taken away, it only adds reason to be upset. How can you dispense justice when your workplace does not look credible?” the senator added.

Santiago said it would be awkward for Justices to “beg” for their savings, suggesting that Malacañang through the Department of Budget and Management could sit down with the judicial representatives to thresh out the issue.

“The initiative must come from Malacañang because the Supreme Court is a non-political branch. If the judiciary reaches out to the executive, it could fan suspicions that it has an agenda,” she explained.

“It tells of modesty if the initiative comes from Malacañang as it shows that the three branches are being civil to each other. And one who initiates should be praised for humility because it shows that it is showing respect to a co-equal branch,” the senator added.