OCA CIRCULAR NO. 40-2008, April 10, 2008

The Supreme Court En Banc in its Resolution dated 1 April
2008 in A.VI. No. 08-3-13-SC, Re: Proposed Guidelines on the Handgun
Acquisition Program for Judges. Resolved to APPROVE the Proposed
Guidelines on the Handgun Acquisition Program for Judges, to wit

PROPOSED GUIDELINES ON THE HANDGUN ACQUISITION
PROGRAM FOR JUDGES

OBJECTIVE

To provide judges of the lower courts the opportunity to acquire handguns tor their personal protection, safety and security.

CONCEPT

An interest free handgun loan will be made available to judges on
repayment scheme of not more than thirty-six (36) monthly installment.
An initial revolving fund of P10 M shall be made available for this
purpose.

DEFINITION OF TERMS

A. Qualified judges refers to those appointed to
Municipal Trial Courts, Municipal Circuit Trial Courts, Municipal Trial
Courts in Cities, and Metropolitan Trial Courts, and Regional Trial
Courts, who:

1. are not more than sixty-seven years of age as of the date of the application;
2. are not under preventive suspension from office;
3. have a minimum thirty (30) days leave credits;
4. have met the minimum of P3,000.00 net take home pay as required by the General Appropriations Act; and
5. have at least three (3) qualified co-makers.

B. Qualified co-makers are judges of the court with the same qualification as
qualified judges.

C. Committee refers to the Supreme Court-Motorcycle
and Computer Acquisition Program Committee who shall be tasked to
handle the administration and operation of the program.

D. Distributor or supplier refers
to a private company engaged by the Committee on an exclusive basis to
sell, deliver and service guns granted to judge-borrowers.

STATEMENT OF DUTIES AND RESPONSIBILITIES A. The Committee shall:

1. negotiate and enter into
   contract or agreement with gun companies to sell, distribute and service
   guns under the program at the lowest possible cost;
2. give out individual loans without interest in
   an amount not exceeding Fifty thousand Pesos (P50,000.00) payable in
   thirty-six (36) equal monthly installment; Provided, that loans
   not exceeding twenty Four Thousand Pesos (P24,000.00) shall be payable
   in twenty four (24) equal monthly installments;
3. see to it that all necessary document relating to the loan as required by its rules and regulations are satisfied: and
4. render necessary reports to the Court through the Committee on Security.

B. The Distributor or Supplier shall: ;

1. administer the non-policy aspects of the program as agreed upon in a final memorandum of agreement; and
2. process the application of the license and permit to carry in favor of the judge-borrower.

C. The judge-borrower shall:

1. pay his obligation within the stipulated period:
2. use the gun exclusively for their personal protection, safety and security:
3. exercise thorough care in choosing the brand, model and caliber
   of the handgun. No change of brand, model or caliber will be allowed
   after the approval of the application and corresponding Delivery Order
   is issued to the distributor or supplier;
4. nol transfer, assign or encumber the gun without” the approval of
   Committee or until full payment of the loan has been made; immediately
   report to the Committee on the Security in case of transfer,
   resignation, separation, retirement, discharge or dismissal from service;
   and
5. secure a clearance from the Committee in case of resignation, transfer, separation, retirement or discharge or dismissal from service.

FILING AND PROCESSING OF APPLICATION, DELIVERY AND PAYMENT

A. Filing and Processing of Applications

Application forms together with all the necessary documents
(application, promissory note, request for automatic salary deduction
and service obligation undertaking) will be made available at the Office
of the Court Administrator-Property Division.

Qualified judges desiring to acquire a handgun under the program
shall fill out the application form specifying the Make, Model and Kind
of the handgun applied for. They shall be made to choose among the
different loan schemes based on the handgun’s predetermined price and
the distributor or supplier. All duly accomplished application forms and
its enclosures shall be submitted to the Committee.

If the loan application is approved, the Committee shall immediately
forward copy of the approval to the concerned distributor or supplier.
The concerned distributor or supplier shall process the license and
permit to carry of the judge-borrower, It is the duty of the concerned
borrower to coordinate with and to supply the distributor or supplier
all documents required by law for the issuance of a license and permit
to carry. All fees and expenses in the processing of the license and
permit to carry shall be on account of the judge- borrower.

Upon the issuance of the license and permit to carry in the name of
the judge-borrower concerned, the Committee shall issue a Delivery Order
to the concerned distributor or supplier for the issuance of handgun.
The distributor or supplier shall personally deliver the gun to the
judge-borrower concerned.

The judge-borrower shall be responsible for the costs of maintenance
and repair of the gun, if the same is not covered or beyond the period
warranty.

It is understood that the gun shall remain the property of the
Supreme Court until the judge-borrower satisfies in full his/her
obligation to the Court.

B. Payment

The judge-borrower shall pay in cash the equity or difference between the cost/price of the gun and amount of loan.

The distributor or supplier will forward the Invoice of the gun
together with the Delivery Order to the Committee for payment of the gun
issued to the judge-borrower.

The loan shall be amortized over a period not exceeding three years.
For this purpose, the judge-borrower must render service obligation for
the same- period immediately after receipt of the gun during which
period the installments shall be deducted monthly from his/her salary.

Should the judge-borrower fail to render the required service
obligation through his own fault, negligence, unsatisfactory or poor
performance or other causes within his control resulting in the
non-payment of the full cost of the handgun; or should the
judge-borrower resign, transfer to an agency or office, voluntarily
retire, or be separated or removed from the service, the entire unpaid
balance shall become due and demandable. The judge-borrower shall pay
the unpaid balance within thirty (30) days from such retirement,
separation or removal from service

The Committee on security may change or suspend any
provision of the program if it becomes necessary and desirable
considering the availability of fund.

For your information and guidance.

April __10__, 2008.