Memorandum Circular No. 191




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Memorandum Circular No. 191, June 10, 1968 ] PRESCRIBING THE POLICY REGARDING THE GRANT OF TRANSPORTATION AND REPRESENTATION ALLOWANCES, INCLUDING OTHERS OF SIMILAR NATURE, PAYABLE OUT OF LOCAL GOVERNMENT FUNDS, TO JUDGES OF THE COURTS OF FIRST INSTANCE AND COURTS OF EQUIVALENT RAND AND JUDGES OF CITY AND MUNICIPAL COURTS, AND OTHER NATIONAL OFFICIALS BELONGING TO THE DEPARTMENT OF JUSTICE. Executive Order No. 31, s. 1954, as pointed out by the Auditor General, authorizes the payment of transportation allowance, for the use on official business of privately-owned automobiles, only to provincial and city officials. Recently, however, it has become the practice of some local governments to grant not only transportation allowances but representation and other allowances, at rates entirely at their discretion, to judge s and other national government officials. Strictly speaking, these allowances should be provided by the national government and not by the local governments, since the administration of justice is a matter of national, not local, concern. Aside from the lack of uniformity in the rates of these allowances, it bears emphasis that since these are granted in the discretion of the local legislative bodies and executive officials, who may from time to time substantially increase or decrease or entirely withdraw the same at their pleasure, the practice would tend to undermine the people’s faith in the impartial administration of justice. While undoubtedly most of the recipients of these allowances would remain true to their oath of office in the discharge of their duties, the receipt of such allowances would nevertheless give cause for litigants to doubt their impartiality especially where local officials who have some say on these allowances appear as counsel for, or appear to be interceding on behalf of the adverse parties. Needless to add, the independence of the judiciary, which is so vital to the stability of our democratic institutions, should not be placed under such a cloud of suspicion, even if unfounded. To establish uniform rates of transportation allowances for judges and said officials, it is hereby declared the policy of the Office of the President to authorizes, as it is hereby authorized, the payment of transportation allowances to judges of the courts of first instance, and those of courts of equivalent rank who are not receiving any such allowance from the national government, at a monthly rate not exceeding P200.00; to judges of the city courts of Manila and Quezon City, at the same rate; to other city judges and national government officials belonging to the Department of Justice, at a monthly rate not exceeding P150.00. Henceforth, no representation or any other form of allowance, including the so-called travel grant, shall be authorized to be paid out of, or chargeable against, any local government funds appropriated for the said purpose in favor of any of the above-mentioned judges or officials.1âшphi1 The Secretary of Justice and the Auditor General are hereby directed to implement immediately this circular. To insure strict compliance with the policy herein established end to guard against unauthorized payments, the Auditor General shall see to it that all claims or vouchers or payroll; for the payment to such judges and officials of any form of allowance payable out of local funds shall be preaudited. The Secretary of Finance shall likewise enjoin all Provincial and City Treasurers not to sign or approve any claim, voucher or roll for such allowances unless the saint is in conformity \|:with this Circular. This Circular shall govern bb payment of such allowance commencing with the current fiscal year, and any previous authority inconsistent with this Circular is hereby revoked. Payment of such allowances during and for the current fiscal year without the prior approval of this Office shall be adjusted and the excess or unauthorized payments shall be refunded or set off against those becoming due in the future. (SGD.) FERDINAND E. MARCOS President Republic of the Philippines Manila, June 10, 1968 The Lawphil Project - Arellano Law Foundation