I have always maintained the position that existing laws and jurisprudence which ratified and confirmed the act of appropriating huge special monthly allowances in favor of local judges and prosecutors out of the coffers of local government units where they are stationed violate the pristine spirit of the 1987 Constitution which clearly mandates and preserves the independence of the judiciary and the sanctity of the justice system.
There seems to be a growing trend among officials of local government units to influence the minds of the local judges and the prosecutors by insuring that the latter receive enticing allowances from the local coffers.
The allowances are given on the pretext that they serve as incentives to improve the performance and productivity of judges and prosecutors whose roles are indispensable to national development.
The Speaker of the House of Representatives has announced that Congress had passed a law, now awaiting final signatures by the approving authorities, which makes declares it as a general rule that “notwithstanding the salaries and allowances to be received by the regional, provincial, and city prosecutors and their assistants (from the national coffers, i.e., out of the national budgets of the Supreme Court and the Department of Justice), they are entitled to allowances, in amounts not exceeding 50 percent of their basic salaries, to be given by their respective local governments.”
The giving of allowances by local officials to local judges and prosecutors is tantamount to bribing, corrupting and prostituting the independence and purity of the justice system.
The trouble is that the judges and the prosecutors enjoy, relish and exploit the legalized bribes.
In fact, it seems that their national associations were influential in lobbying Congress and local legislatures for the passage of laws lavishing them with special monthly allowances.
The justice system has deteriorated into an ordinary commercialized livelihood.
Gone is the idealistic philosophy of selfless sacrifice and service required of dispensers of justices and advocates of law.
I cannot blame the judges and prosecutors if they crave for an increase in their monthly salaries or if they wish for bigger special allowances in order to maintain the living standards of their elitist families.
For a family of four or five, a monthly salary of 60,000 to 80,000 pesos (which is the average compensation package of local judges and prosecutors) is surely not enough to maintain a socialite family and to send one’s children to prestigious colleges.
But, nonetheless, I sincerely think it is immoral and unconstitutional to place at risk the independence and pristine dignity of the justice system by indirectly influencing, bribing or corrupting the minds of judges and prosecutors or by indirectly converting them into de facto legal assistants and legal researchers of local government officials.
We must remember that many public interest cases, human rights cases, electoral cases, and regulatory cases are filed from time to time by private citizens and entities against local government units and their abusive elective and appointive officials.
How can a private litigant expect a full assurance of fairness when the public image created by the giving of huge special monthly allowances to local judges and prosecutors who will try and investigate their cases is one that favors the local public defendants that they have sued in court?
Read below a press release issued by Speaker Prospero Nograles related to the above matter.
A way should be found to give flesh to the constitutional principle of fiscal autonomy of the Judiciary.
As of now, the annual budget of the Supreme Court constitutes a mere one or two percent of the annual budget of the Philippine Government.
Meanwhile, Congress and the Executive fill their pockets with and relish the heavenly tastes of their multi-billion pork barrels, junkets and other perks and rackets.
There are about 2,500 justices and judges and about 20,000 court employees nationwide.
The docket backlog in the country is more than 500,000 cases.
I understand that about one-third of local judicial positions is vacant because good private lawyers prefer the greener pasture of private law practice than the unimpressive compensation package of the judiciary.
Yes, new ways and means should be found to encourage experienced private lawyers to join the judiciary in order to improve its quality and productivity.
But such innovative methods should be clothed with decency and delicadeza and should not in any way violate the independence of the justice system as commanded by the Constitution.
Meanwhile, judges and prosecutors should refrain from lobbying with Congress and the local legislatures for more and higher special allowances out of local funds and regulatory fees because such an act is shamefully unbecoming of dignified and noble pillars of the justice system.
It is unconscionable on the part of judges and prosecutors to demote themselves to the level of begging and hungry lobbyists. The thought stinks.
SAYS SPEAKER NOGRALES
Arroyo to sign bill for prosecutors’ better benefits
By Lira Dalangin-Fernandez
INQUIRER.net
First Posted 10:34:00 03/04/2010
MANILA, Philippines—President Gloria Macapagal-Arroyo is expected to sign into law a measure that will increase the benefits of the country’s prosecutors to ensure more efficient prosecution service and attract more lawyers to enter government, Speaker Prospero Nograles said Thursday.
The bill rationalizing the National Prosecution Service, a consolidation of House Bill 7112 and Senate Bill 2659, has been ratified by Congress and is now awaiting the signatures of Senate President Juan Ponce Enrile and Nograles. Once signed, it would be transmitted to Malacanang for the President’s review and signature.
“National development is more meaningful when there is justice and the rule of law prevails,” said Nograles in a statement, adding that boosting the services of the prosecution service would raise the people’s trust in the administration of the criminal justice system.
Under the bill, notwithstanding the salaries and allowances to be received by the regional, provincial, and city prosecutors and their assistants, they are entitled to allowances, in amounts not exceeding 50 percent of their basic salaries, to be given by their respective local governments.
Aside from these incentives, the bill also provides for the automatic increase of pension of retired prosecutors of the National Prosecution Service whenever there is an increase in the salary and allowance of the same positions from which they retired.
The bill also seeks to increase the number of prosecution officers and prosecutors for each province and city in order to help the court cope up with the increasing number of cases being filed by litigants.
Among the main proponents of the measure are Nograles, Representatives Rufus Rodriguez, Diosdado Arroyo, Junie Cua, Cesar Jalosjos, Cecilia Jalosjos-Carreon, and Matias Defensor.
See:
http://newsinfo.inquirer.net/breakingnews/nation/view/20100304-256582/Arroyo-to-sign-bill-for-prosecutors-better-benefits