Judiciary seeks return of P1.98-billion budget for vacant posts

MANILA, Philippines - The judiciary wants the restoration of its impounded P1.98-billion budget for filling vacant positions in 2012, saying the diversion of the funds violates the constitutional provision granting it fiscal autonomy.

Court Administrator Midas Marquez, Court of Appeals presiding Justice Andres Reyes Jr. and Sandiganbayan Justice Francisco Villaluz each made a manifestation on this position during yesterday’s hearing on the P13.675-billion proposed 2012 budget of the judiciary.

The executive branch diverted P1.98 billion in the judiciary’s proposed budget to the new item in the national budget called the miscellaneous personnel benefits fund (MPBF). The same was done to other government agencies.                     

Reyes pointed out that the Constitution grants fiscal autonomy to the judiciary and as such, all funds due to it had always been automatically released by the executive branch.

“This will hamper and adversely affect the flexibility of the court in the immediate filling of positions necessary in the effective and efficient administration of justice and most especially in the achievement of the zero backlog and zero delay projects,” Reyes said.

He said that in the CA, the P81.88 million removed from its budget would cover 236 unfilled positions.

In the Sandiganbayan, Villaluz said P22 million allotted to the filling of vacant positions was diverted to the MPBF. 

“Not only were we given a budget less than what we got last year and then what’s even worse is that this was further slashed,” he said.

He pointed out that P22 million for the Sandiganbayan’s unfilled positions went to the MPBF.

The proposed budget for the Sandiganbayan, as submitted by the Department of Budget and Management to Congress, was P334 million, lower than its present budget of P364 million.

Marquez noted that aside from providing the judiciary fiscal autonomy, the Constitution also stipulates that the budget of the judiciary shall not be lower than the previous budget.    

The DBM, however, has assured the judiciary that the P1.98 billion diverted to the MPBF still forms part of the overall budget for the courts and that the funds will be released to them “unconditionally.”

Senate President Juan Ponce Enrile said the executive department should not have impounded the funds of the judiciary.

“I think while I respect the power of the executive in managing the funds of the country, I think the power of allocating funds belongs to this Congress and I don’t think it is correct for the executive to impound these funds in violation of the Constitution,” he said.

He said that diverting judiciary funds to the MPBF effectively removed the automatic release of the funds to the judiciary because its release is now under the discretion of the Secretary of Budget and Management.

Enrile said the MPBF can become a substantial pork barrel for the executive branch because it assumed that not all vacant positions in the government are filled.

“I will support Malacañang on various issues but I think Congress will have to put its foot down on the impoundment of these funds. It is the Congress that decides the allocation of funds, the executive proposes but Congress will dispose it and we have to follow the Constitution,” Enrile said.

Sen. Joker Arroyo said the creation of the MPBF is irregular and unprecedented. 

“I’m against that because that’s against the Constitution. Whatever it is, you cannot remove funds from the judiciary and put it in the executive,” he said.

Senate committee on finance chairman Franklin Drilon recognized that the creation of the funds is a “problem area” that requires discussion between the legislature and the judiciary.