OCA CIRCULAR NO. 48-2004, March 30, 2004

The Supreme Court En Bane in its Resolution dated 09 March 2004,
in A.M. No. 03- 12-04-SC, Re: Possible Means to Implement the Special
Allowance under R.A. 9227 and to Increase the Judiciary Development
Fund, Resolved to APPROVE the proposed Guidelines on
the Grant of Additional Compensation in the Form of Special Allowance
for Justices and Judges in the Judiciary and All Other Officials with
the Equivalent Rank of Justices of the Court of Appeals and Judges of
the Regional Trial Court, to wit:

“GUIDELINES ON THE GRANT OF ADDITIONAL COMPENSATION IN THE FORM OF SPECIAL ALLOWANCE FOR JUSTICES AND JUDGES IN THE
JUDICIARY AND ALL OTHER OFFICIALS WITH THE EQUIVALENT RANK OF JUSTICES
OF THE COURT OF APPEALS AND THE JUDGES OF THE REGIONAL TRIAL COURT

1.0 Purpose

These guidelines govern the implementation of 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).

2.0 Coverage

All Justices and 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 Courts.

3.0 Definition of Terms

For the purpose of these guidelines, “basic monthly salary”
shall mean the actual basic monthly salary of Justices and Judges,
including step increments and longevity pay. (A Resolution Clarifying
‘Basic Monthly Salary’ under Republic Act No. 9227 [A.M. No.
03-12-04-SC, 24, February 2004])

4.0 Governing Rules

4.1. The Special Allowance shall be implemented uniformly in
such sums or amounts equivalent to twenty-five percent (25%) of the
actual basic monthly salaries for the positions covered starting 11
November 2003 until the one hundred percent (100%) special allowance is
fully implemented.

If the source of fund is insufficient to cover the twenty-five
percent (25%) special allowance for any year, it shall be granted in
such sums and amounts and up to the extent only that can be supported by
the funding source specified in Section 3 of Rep. Act No. 9227;
provided that annually the special allowance shall always be twenty-five
percent (25%) of the actual “basic monthly salary”.

4.2. For purposes of computing the retirement benefits, only the
special allowance actually received and that which has accrued at the
time of retirement shall be included.

4.3. In the event of any subsequent increases in the salary
rates provided under Rep. Act No. 6758, as amended, the special
allowance given to the grantees under Rep. Act No. 9227 shall be
considered as an implementation of the said salary increases as may be
provided by law.

4.4. If the collections from any increase in the current fees and
any new fees imposed after the effectivity of Rep. Act No. 9227 exceed
the amount needed to fund the special allowance granted to the positions
covered, the surplus may be used by the Chief Justice to grant
additional allowance to court personnel not covered by the benefits
under Rep. Act No. 9227.

5.0 Non-entitlement to the Grant of Special Allowance

5.1

Those who have been administratively charged and meted the penalty of
suspension shall not be entitled to the special allowance granted for
the period of said suspension. Entitlement to the special allowance
shall however be automatic upon the lifting of the suspension by the
Court or full service of the suspension.

6.0 Funding Sources

The amount necessary to implement the additional compensation in the form of special allowance shall be sourced from:

6.1 Legal Fees originally prescribed, imposed and collected
under Rule 141 of the Rules of Court prior to the promulgation of the
amendments under Presidential No. 1949, dated 18 July 1984;

6.2 Increases in current fees and new fees which may be imposed
and collected by the Supreme Court after the effectivity of Republic Act
No. 9227; and

6.3 In the event that the two (2) above funding sources shall be
insufficient to cover the grant of allowance on the fourth year of
implementation, the national government shall subsidize the Special
Allowance in an amount not exceeding One Hundred Sixty Five Million
pesos (P165,000,000.00) per annum.

7.0 Saving Clause

Cases not covered by the provisions of these guidelines shall be referred to the Chief Justice for resolution.

8.0 Effectivity

These Guidelines shall take effect immediately.”

For the information and guidance of all concerned.

__30__ March 2004.