Monday, December 23, 2013

'Squeeze play' by Congress on Judiciary: A case of 'resbak' for PDAF - Rep. Tiangco; JDF no pork barrel - CJ Sereno

JDF is not pork barrel: CJ Sereno

Posted at 12/23/2013 5:52 PM 

MANILA - Chief Justice Maria Lourdes Sereno on Monday issued a statement, stressing that the Judiciary Development Fund (JDF) is "not a pork barrel fund."



"It is a special purpose fund established in 1984 under PD No 1949 for the benefit of the members and personnel of the judiciary to help ensure and guarantee the independence of the judiciary as mandated by the Constitution and public policy and required by the impartial administration of justice,'" Sereno said.

Sereno stressed that under the said issuance, the Chief Justice is "not given any discretion on how the funds will be used."

The Chief Justice is merely authorized to "administer and allocate the fund and shall have the sole exclusive power and duty to approve the authorized disbursements and expenditures of the fund," she said.

Contrary to what is being reported, there is no P5 billion JDF, Sereno also pointed out.

"The 80% component of the fund is released monthly to the employees as cost of living allowances. As of Nov 30, 2013, the 20% component of the fund has an accumulated balance of P1.435 billion as certified by the Chief of Office of the Fiscal Management and Budget Office of the Supreme Court."

"Of this amount, P732.5 million has been earmarked for the Halls of Justice of the Court of Appeals in Cebu and Cagayan de Oro and the consultancy services for the electrical system at the Supreme Court. Another P620.7 million has been certified as available for various capital outlays of the court, including the procurement of computer sets, and the construction and repair of court houses," Sereno said.

A report on the uses and balances of the JDF was submitted to the House Committee on Appropriations and the Senate Finance Committee last September for the passage of the 2014 budget, she added.

Lastly, the 20% component of the fund intended for office equipment and court facilities makes up for P200 million per year, "barely enough for the court (SC) to source its budget for renovations, repairs, and construction of halls of justice and for the various equipment needed for court operations, Sereno said. ABS-CBN News




Congress probe on JDF an obvious squeeze play on judiciary on eve of DAP orals - Tiangco


 MANILA, Philippines – The Aquino administration, through its Congress allies, is using a Marcos-era decree to assert “oversight” powers on all public monies, specifically to apply pressure on the Supreme Court by dangling over its head an audit of the Judiciary Development Fund (JDF), opposition lawmaker Rep. Toby Tiangco said Monday.

Tiangco was reacting to claims by Rep. Niel Tupas that there was a pressing need to force the Supreme Court to open to scrutiny the JDF while denying this was in reprisal for the SC’s recent ruling striking down as unconstitutional the congressional pork barrel or Priority Development Assistance Fund (PDAF). 

In a statement, Tiangco rued, “the principle behind the equality of the three branches of government has now become a mockery with the executive and legislative branches joining forces to bully the judiciary.”

Ironically, Tiangco noted, “Malacanang is invoking a 29-year old Marcos presidential decree to take control of the supposedly autonomous JDF.”

Alluding to Tupas’ mission to lead the congressional scrutiny of the JDF and, before that, a very vocal threat by another administration lawmaker to initiate impeachment proceedings against SC justices for flip-flopping in a case involving a sitting congresswoman, Tiangco said the intent to keep the pressure on the high tribunal, on the eve of oral arguments on the Executive’s controversial Disbursement Acceleration Fund (DAP), is quite obvious. “The writing is on the wall—as a matter of fact, it is everywhere.”

Tiangco, also United Nationalist Alliance (UNA) secretary general, said that statements coming from the “minions of the Liberal Party and its political allies only confirm that the impeachment complaint against the Supreme Court is already a predetermined case.”

Cavite Rep. Elpidio Barzaga Jr., according to Tiangco, has “finally substantiated the Administration’s and the House of Representatives’ plan to demolish the SC, this time gobbling it on the supposed misuse of Judiciary Development Fund (JDF) and the Special Allowance of the Judiciary (SAJ).”
It is also a plain and simple case of “resbak” or retaliation for the high court’s unanimous ruling declaring the PDAF unconstitutional. 

Apparently to  make sure the DAP does not follow the fate of PDAF, the administration through its Congress allies is putting a gun to the judiciary’s head while the petitions against DAP are pending, in Tiangco’s assessment. Read more on InterAksyon