SC to House: Wait for resolution of DAP appeal

MANILA, Philippines - The Supreme Court (SC) will not participate in the ongoing investigation of the House of Representatives on the alleged misuse of its Judiciary Development Fund (JDF).

In a three-page letter sent last Wednesday, Chief Justice Ma. Lourdes Sereno told Speaker Feliciano Belmonte Jr. that the participation of members or officials of the high court in the probe of the House committee on justice at this time might jeopardize the independence of the SC.

Sereno cited pending appeals on the cases involving the Priority Development Assistance Fund (PDAF) of lawmakers and the President’s Disbursement Acceleration Program (DAP), where the House stands as a party.

“In order to preserve judicial independence and the integrity of the ongoing deliberations on the two cases, may I request on behalf of the Supreme Court, that until the motions for reconsiderations are resolved, no member, official or employee of the judiciary be involved by the committee on justice in the proceedings on House Bills Nos. 4690 and 4738 regarding the Judiciary Development Fund,” Sereno said.

Sereno pointed out the invitation from the committee came on the heels of the SC rulings on PDAF and DAP cases.

“The DAP cases are now the subject of motions for reconsideration, including one filed by the House of Representatives,” she stressed.

Sereno suggested to Belmonte to instead set the hearing at “a better time,” considering the “absence of urgency” on the matter based on the Commission on Audit report.

“With your indulgence and those of your esteemed colleagues in the House of Representatives, officials of the Supreme Court shall be available to the committee on justice as soon as the resolution of the motions for reconsideration becomes final,” Sereno said.

In the same letter, Sereno, however, explained the COA has been regularly auditing the JDF, a 30-year-old fund created by Presidential Decree No. 1949.

“Since I assumed office, the COA has not disallowed any expense, and neither has it found any fraud or irregularity with respect to the management of the fund,” she said.

Sereno further stressed she has not received any complaint on how the JDF is being managed.

She said her move was upon consultation with other justices of the high court.

Sereno skipped the first hearing of the House committee last Aug. 5. She also sent a three-page letter to Belmonte, saying the invitation for her to attend the initial hearing was “premature” and “inappropriate.”

Sereno said she would have to consult first with her colleagues in the high tribunal on “how best the judiciary can meaningfully participate in the valid legislative concerns of the House of Representatives without sacrificing judicial independence and fiscal autonomy.”

In December last year, Sereno said there was no anomaly in the use of JDF, which she explained has also been transparent.

She revealed that 80 percent of the fund is released monthly to employees as cost of living allowances.

The 20 percent, on the other hand, has an accumulated balance of P1.435 billion as of last Nov. 30, according to a report by the SC’s office of fiscal management and budget office.

Of this amount, P732.5 million has been earmarked for the construction of Court of Appeals buildings in Cebu and Cagayan de Oro and consultancy services for the electrical system of the high court in Manila.