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MANILA, Philippines - The Supreme Court cannot hide behind the principle of judicial independence in the face of Congress’ impending scrutiny of its Judiciary Development Fund (JDF) and the Special Allowances for Judges (SAJ) Fund, a senior lawmaker said yesterday.
“Judicial independence is not a legal shield to public accountability and transparency,” Rep. Elpidio Barzaga Jr. of Dasmariñas City in Cavite said.
He said while Presidential Decree 1949 created the JDF “to give life and meaning to the basic tenet of judicial independence, nonetheless the Supreme Court (SC) must show that it is spending the fund in accordance with the mandate of the law.”
He was reacting to the statement issued by the office of Chief Justice Maria Lourdes Sereno on Monday, which invoked the independence of the judiciary in response to congressional efforts to scrutinize the SC’s two special funds.
Barzaga said Congress has the power to review the use by agencies of public funds.
The legislature also has the power to look into the implementation of a law like PD 1949 so that it can modify or repeal it if needed, he said.
“In the exercise of those powers, Congress is not threatening the independence of the judiciary,” he said.
He questioned the use by the SC of 20 percent of the JDF, which the law devotes to court facilities and equipment.
In its statement on Monday, Sereno’s office reported that as of last June 30, the 20-percent portion of the fund had an accumulated balance of more than P1.3 billion.
Of that amount, the SC has allocated P732.5 million for the Cebu and Cagayan de Oro buildings of the Court of Appeals and consultancy services for SC’s electrical system.
Barzaga said Section 1 of PD 1949 provides that the money is to be used for facilities and equipment in areas where court fees accruing to the fund were collected.
He said the high court’s decision to allocate more than P700 million for buildings in Cebu and Cagayan de Oro may not be in accord with the JDF law.
“That gargantuan amount did not come from court fees collected in those areas and cannot therefore be used for facilities there,” he said.
He urged the highest tribunal to comply with the mandate of the Marcos decree creating the JDF, in the same manner that it has required Malacañang to follow another Marcos decree establishing the Malampaya Fund by banning its use for non-energy related projects.
“While it is admitted that the SC is the final interpreter of the law, it cannot interpret it in such a manner that it will suit its whim,” he stressed.
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