Republic of the Philippines
Congress of the Philippines
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand three.
[REPUBLIC ACT NO. 9227]
AN ACT GRANTING ADDITIONAL COMPENSATION IN THE FORM OF SPECIAL ALLOWANCES FOR JUSTICES, JUDGES AND ALL OTHER POSITIONS IN THE JUDICIARY WITH THE EQUIVALENT RANK OF JUSTICES OF THE COURT OF APPEALS AND JUDGES OF THE REGIONAL TRIAL COURT, AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
SECTION 1. Declaration of Policy. — It is hereby declared a policy of the State to adopt measures to guarantee the independence of the Judiciary as mandated by the Constitution and public policy, and to ensure impartial administration of justice, as well as an effective and efficient judicial system worthy of public trust and confidence.
SEC. 2. Grant of Special Allowances. — All justices, judges and all other positions in the Judiciary with the equivalent rank of justices of the Court of Appeals and judges of the Regional Trial Court as authorized under existing laws shall be granted special allowances equivalent to one hundred percent (100%) of the basic monthly salary specified for their respective salary grades under Republic Act No. 6758, as amended, otherwise known as the Salary Standardization Law, to be implemented for a period of four (4) years.
The grant of special allowances shall be implemented uniformly in such sums or amounts equivalent to twenty-five percent (25%) of the basic salaries of the positions covered hereof. Subsequent implementation shall be in such sums and amounts and up to the extent only that can be supported by the funding source specified in Section 3 hereof.
SEC. 3. Funding Source. — The amount necessary to implement the additional compensation in the form of special allowances granted under this Act shall be sourced from, and charged against, the legal fees originally prescribed, imposed and collected under Rule 141 of the Rules of Court prior to the promulgation of the amendments under Presidential Decree No. 1949, dated July 18, 1984, and from the increases in current fees and new fees which may be imposed by the Supreme Court of the Philippines after the effectivity of this Act.
In the event that the said amounts are insufficient to cover the grant of allowances on the last year of implementation of this Act, the National Government shall subsidize the special allowance granted for justices, judges and all other positions in the Judiciary with the equivalent rank of justices of the Court of Appeals and judges of the Regional Trial Court as authorized under existing laws in an amount not exceeding One hundred sixty-five million pesos (Php165,000,000.00) per annum.
If the collections from any increase in current fees and any new fees imposed after the effectivity of this Act exceed the amount needed to fund the special allowances granted to justices, judges and all other positions in the Judiciary with the equivalent rank of justices of the Court of Appeals and judges of the Regional Trial Court as authorized under existing laws, the surplus may be used by the Chief Justice of the Supreme Court to grant additional allowances exclusively to other court personnel not covered by the benefits granted under this Act.
SEC. 4. Continuance and Non-Diminution of Benefits under the Judiciary Development Fund. — The existing allowances and other fringe benefits, if any, of the members and personnel of the Judiciary which are currently paid or augmented chargeable against the increase in the rates of the legal fees prescribed in the amendments to Rule 141 of the Rules of Court which accrue to the Judiciary Development Fund established under Section 1 of Presidential Decree No. 1949 shall all continue to be funded and paid chargeable against said Development Fund, and in no case shall these be stopped or discontinued by reason of the implementation of this additional compensation.
SEC. 5. Inclusion in the Computation of Retirement Benefits. — For purposes of retirement, only the allowances actually received and the tranche or tranches of the special allowance already implemented and received pursuant to this Act by the justices, judges and all other positions in the Judiciary with the equivalent rank of justices of the Court of Appeals and judges of the Regional Trial Court as authorized under existing laws shall, at the date of their retirement, be included in the computation of their respective retirement benefits.
SEC. 6. Effects of Subsequent Salary Increases. — Upon implementation of any subsequent increase in the salary rates provided under Republic Act No. 6758, as amended, all special allowances granted under this Act to justices, judges and all other positions in the Judiciary with the equivalent rank of justices of the Court of Appeals and judges of the Regional Trial Court as authorized under existing laws and any additional allowances granted to other personnel of the Judiciary shall be considered as an implementation of the said salary increases as may be provided by law. The special allowance equivalent to the increase in the basic salary as may be provided by law shall be converted as part of basic salary: Provided, That, any excess in the amount of special allowance not converted as part of the basic salary shall continue to be granted as such.
SEC. 7. Issuance of Implementing Guidelines. — The Supreme Court and the Department of Budget and Management shall issue the necessary guidelines for the proper implementation of this Act in respect to funds coming from the National Treasury within ninety (90) days from approval hereof.
SEC. 8. Repealing Clause. — All laws, decrees, orders, rules and regulations or parts thereof which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SEC. 9. Separability Clause. — If any provision of this Act is declared invalid or unconstitutional, the provisions not affected thereby shall continue to be in full force and effect.
SEC. 10. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers of general circulation.
(Sgd.) FRANKLIN M. DRILON
(Sgd.) JOSE DE VENECIA, JR.
This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on October 21,2003 and October 20, 2003, respectively.
(Sgd.) OSCAR G. YABES
(Sgd.) ROBERTO P. NAZARENO
Approved: OCT 23 2003
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines