Saturday, January 21, 2012

'Judiciary can't continue hiding behind cloak of fiscal autonomy' (The Philippine Star) Updated January 20, 2012 12:00 AM

http://www.blogger.com/post-create.g?blogID=1802946356431343994

"x x x.

MANILA, Philippines - The judiciary can no longer hide behind the “cloak of fiscal autonomy” on alleged irregularities involving the use of a portion of a $21.9-million loan from the World Bank (WB), Malacañang said yesterday.

Presidential spokesman Edwin Lacierda said Supreme Court (SC) spokesman Midas Marquez is trying to “deflect attention” on the real World Bank report detailing alleged misuse of a portion of the $21.9-million loan to the judiciary.

Lacierda said “public funds are everybody’s business” amid the court administrator’s remarks that the judiciary enjoys fiscal autonomy, “aside from insinuating allegations that mismanagement of funds occurs in the executive branch.”

“They come across as callous politicking and a clear attempt to deflect attention from the misuse of World Bank funds by characterizing it as a question of territory. We are deeply appalled and concerned over the cavalier statements of Marquez.”

Lacierda said “ineligible expenses” have been found in the posts of Marquez.

“The SC’s mismanagement of funds, including ineligible expenses approved by Marquez himself – serving as judge, jury, and executioner in what is a conflict of interest in holding multiple positions, breaking down barriers that should serve as internal fiscal controls – redounds negatively to the whole country,” he said.

“This administration has always been consistent in its policy of transparency, accountability, and prudence in
spending public funds.

“This is something that we – and the rest of the Filipino people – expect not only from the executive branch, but from all other independent, coequal branches of government.”

Budget and Management Secretary Florencio Abad said the WB aide memoire detailed the alleged misuse of the loan in 2010 and 2011 or during the time of Chief Justice Renato Corona.

This was the reason why he was surprised to hear Corona denying utilization of the loan, he added.
Corona must explain procurements that violated the agreement or simply ignored the agreement in the contract, Abad said.

Instead of being spent fully for reforms in the judiciary, a portion of the loan was allegedly used for trips and lavish accommodations of SC magistrates in the provinces and abroad.

The WB is demanding a refund from the SC for expenses that were not covered by the grant. 


Palace: Probe SC

Malacañang wants the office of Ombudsman Conchita Carpio-Morales to investigate the alleged “ineligible expenses” of the SC in the $21.9-million loan from the World Bank.
Speaking to reporters, deputy presidential spokesperson Abigail Valte yesterday said the Office of the Ombudsman can file a case against judiciary officials who may be found liable for the unauthorized expenses.
“That will be up to their determination as an independent office,” she said.
Valte said no government agency has yet conducted an investigation on the issue.
“I have not heard of any,” she said. “It will necessitate a deeper look but, according to the World Bank, there are ineligible expenses.
“It detailed that there was an aide memoire that was released and it detailed their observations on the ineligible expenses as well. According to the WB, they have raised several observations and, as such, I believe that the SC has started reimbursing several amounts.”
Marquez had earlier said Malacañang should mind its problems instead of riding on the issue that the SC’s Project Management Office (PMO) has already verified.
“They have so many concerns to address, instead of focusing their attention to the judiciary,” he said. “There’s continuous hike in oil prices. We saw transport groups complaining. The victims of ‘Sendong’ still don’t have their houses to live in.
“I hope they become more careful in assailing us. They should first verify their statements because it’s obvious they don’t know what they’re talking about.”
Speaking to reporters, Marquez said allegations of misuse of WB funds have yet to be confirmed.
“It only shows this is not yet final because the PMO is precisely asked to check on the alleged loopholes,” he said.
Marquez said the release of the report was unusual because the WB usually asks the SC for answers before disclosing its report.
“It was intended to put the court in disrespect,” he alleged.
The PMO was already preparing its report, he added.
Marquez said Lacierda’s insinuation that “Corona used judicial reform funds as a personal piggy bank to fund travel, gifts, dining and recreation” was “unfortunate and malicious.”
“Chief Justice Corona is just inheriting the project,” he said.
“In fact, he is already finishing some of the projects that have been ongoing during the time of Chief Justices (Artemio) Panganiban and (Reynato) Puno.”
Marquez said his multiple positions have nothing to do with checks and balances.
“I’ve occupied more positions during time of CJ Puno, and occupying now same positions,” he said.
“There is nothing wrong with that. This time of Chief Justice Renato Corona I have relinquished sensitive position and that is being chief-of-staff of the Office of Chief Justice, which I used to handle or occupy together with my position of chief of Public Information Office, Office of Court Administrator, and bids and awards committee,” he said.
“I don’t see any reason why it should be questioned at this time.”
Marquez said the questioned project started in 1999 when Hilario Davide Jr. was chief justice.
“These projects have been ongoing since 2003 from the time of CJ Panganiban, Puno and now Corona,” he said.
Marquez said the WB has since then regularly monitored implementation of the JRSP, and that the PMO regularly audited the expenditures of the funds.
“Like any office under the SC, the chiefs directly report to the CJ,” he said.
“But day to day dealings are done by PMO.”
Marquez said the PMO deals with projects involving
development partners like the World Bank.
Judge Geraldine Econg heads the PMO, he added. –Aurea Calica, Delon Porcalla, Edu Punay"

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