Republic Act
Approved October 23, 2003

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 purpose

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 PURPOSE

In plain language

Provides special allowances equal to 100% of the basic salary for certain judiciary positions for a period of four years, funded primarily from legal fees and other court fee increases, while ensuring continuity of existing benefits and inclusion in retirement calculations.

  • Declaration of policy to guarantee judicial independence
  • Grant of special allowances equal to 100% basic salary for four years
  • Funding from legal fees and fee increases with subsidy cap
  • Continuance of existing benefits under the Judiciary Development Fund
  • Inclusion of allowances in retirement benefit calculations
  • Alignment of allowances with subsequent salary increases
  • Issuance of implementing guidelines within 90 days
  • Repealing clause for inconsistent laws
Judiciary
Compensation
Special Allowances
Legal Fees
Republic Act

Republic of the Philippines Congress of the Philippines Metro Manila

Twelfth Congress Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eigth day of July, two thousand three.

Republic Act No. 9227 October 23, 2003

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 PURPOSE

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. Declaration of Policy

It is hereby declared a policy of the State of 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 system worthy of public trust and confidence.

Section 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 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.

Section 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 unde5r Presidential Decree No. 1949, dated July 18, 1984, and from the increases in current fees and new fees which pay 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 (Php 165,000,000.00) 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.

Section 4

Continuance and Non-Diminution of Benefits under the Judiciary Development Fund The existing allowance 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.

Section 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.

Section 6. Effects of Subsequent Salary Increase

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 allowance 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 speicial allowance not converted as part of the basic salary shall continue to be granted as such.

Section 7. Issuance of Implementing Guidelines

The Supreme Court and the Department Guidelines 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 (90) days from approval hereof.

Section 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.

Section 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 and effect.

Section 10. Effectivity Clause

This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers of general circulation.

Approved,

FRANKLIN DRILON

President of the Senate

JOSE DE VENECIA JR.

Speaker of the House of Representatives

For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.