Palace not seeking control of Judiciary Dev't Fund

Malacañang is not seeking to control the fund of the judiciary department, a co-equal branch of government, a Palace official said Monday.

Presidential Spokesperson Edwin Lacierda clarified at a media briefing that the Palace respects the fiscal autonomy of the judiciary and emphasized that the Supreme Court has the sole control of the judiciary's budget.

"We're not trying to assert control. This is under the control of the Supreme Court and is pursuant to their fiscal autonomy," he said.

Several lawmakers said they would study the Palace-proposed special provisions to see if there was legal basis for stripping the High Court of its control over the P7 billion Judiciary Development Fund.

They assailed the alleged plan requiring the SC to submit quarterly reports to the President on the status and use of the JDF and other funds.

Lacierda said the special provision is not a new provision but a "word for word" adoption of Presidential Decree 1949 [establishing a Judiciary Development Fund] enacted by former President Ferdinand Marcos in 1984.

"This special provision for the judiciary fund – this is not a new provision. This is a law which was enacted during the time of [former President] Mr. [Ferdinand] Marcos or the Presidential Decree 1949 establishing a judiciary development fund and other purposes," Lacierda said.

"This provision is also found in the expenditure program for fiscal year 2014 or the proposed 2014 budget. This is not something new. This is found in the Presidential Decree 1949 – that created the judiciary development fund," he added.

Under PD 1949, "at least 80 percent of the fund shall be used for cost of living allowances and not more than 20 percent of the said fund shall be used for office equipment and facilities of the courts located wherever the legal fees are collected."

He added PD 1949 has not been amended or repealed by Congress which makes it valid.

"This law is valid so we apply what the law states," he said. (PNA)