The bill aims to ensure that the Judiciary has the necessary independence and resources to effectively perform its functions, which are critical in upholding the rule of law and ensuring justice for all.
“The Judiciary plays a crucial role in upholding the rule of law and ensuring justice for all. It is only fitting that we provide them with the necessary resources and independence to effectively perform their duties,” said Go.
The proposed bill, titled "The Fiscal Autonomy Act of Judicial Branch of Government," seeks to affirm and strengthen the constitutional mandate and powers of the Judiciary as a co-equal branch of government.
The bill cites the Judiciary's fiscal autonomy as mandated under Section 3, Article VIII of the Constitution. This means that appropriations for the Judiciary may not be reduced below the amount appropriated for the previous year, and the releases of the appropriations shall not be conditioned on the submission of any work and financial plan nor any financial report, whatsoever.
The proposed bill also mandates that the budget proposal prepared by the Supreme Court shall be incorporated in the draft national budget without any revision.
If passed into law, the Department of Budget and Management can suggest revisions to the budget proposal, but it must first consult with the Supreme Court or the Chief Justice in writing regarding their comments and suggestions.
The DBM is also mandated to automatically release to the Supreme Court, without need for any request, the monthly cash requirements of the Judiciary.
“Fiscal autonomy is important for the Judiciary to ensure its impartiality and independence from other branches of government. This bill is a step towards empowering the Judiciary to fulfill its constitutional mandate,” noted the senator.
If enacted, the proposed measure shall also create a trust fund called the "Judiciary Trust Fund", which shall be dedicated to the use of the Judiciary. All the funds collected for or accruing to the Judiciary may be deposited and kept in the said trust fund, and from which funds needed for its operation shall be drawn.
The Judiciary can still collect legal fees, but the percentage used for cost-of-living allowances and office equipment and facilities will change. All legal fees prescribed in Rule 141 of the Rules of Court will now be part of the Judicial Trust Fund.
The proposal will allow the Supreme Court to create new offices and reorganize its administrative structure at the national and regional levels, within the limit of its available resources. This is to help carry out the goals of the bill and enable the Judiciary to take on additional functions and responsibilities.
The Supreme Court can decide how many court personnel are needed to keep the Judiciary running smoothly, within the limits of the approved budget and hiring policies. The Supreme Court will also ensure that personnel receive sufficient and competitive compensation to ensure the continuity of service and sustainability, as well as support career development programs.
“By guaranteeing the fiscal autonomy of the Judiciary, we are not only upholding the Constitution, but we are also showing our commitment to a fair and just legal system,” emphasized Go.
Previously, Go also filed SBN 1186 that seeks the creation of additional divisions of the Court of Appeals and appointment of additional justices to help the Judiciary in providing a more reliable, unbiased and swift delivery of justice in the country. (PR-Office of Sen Bong Go)