Aquino ally calls on COA to conduct special audit of JDF

(Updated 3:03 p.m.) An administration ally in the House of Representatives on Tuesday urged the Commission on Audit (COA) to conduct a special audit of the Judiciary Development Fund, similar to its earlier scrutiny of the legislative branch’s Priority Development Assistance Fund (PDAF).

Cavite Rep. Elpidio Barzaga said the COA has the legal obligation to conduct a special audit of JDF even though the judiciary enjoys fiscal autonomy.

He said the judiciary should open its books in the spirit of transparency and accountability since it also demands the same from the executive and legislative branches of government regarding the use of public funds.

“Considering the Supreme Court is a prime mover of transparency and accountability, then it must show to the public how the JDF is being spent,” he told reporters at a press briefing.

Speaker Feliciano Belmonte Jr. earlier called on the SC to disclose to the public how it spent the P1.775-billion JDF after some lawmakers hinted they will look into how the fund is being spent over the years.

Belmonte said the House of Representatives could be forced to look into the JDF should the SC fail to make a detailed report for the sake of transparency on how it had been using the fund.

SC spokesperson Theodore Te, however, said the SC has been open about how the JDF and the Special Allowances for the Judiciary (SAJ) were being spent since 2012.

He said quarterly reports on these two types of judiciary funds have always been made "accessible" to the public through the SC website.

Te also said the Court regularly submits all reports pertaining to the use of judicial funds to the COA and the Department of Budget and Management.

Not in collision with SC

Barzaga said the legislative branch’s call for scrutinizing the JDF was not a reaction to the SC’s averse decisions on the PDAF and the Disbursement Acceleration Program (DAP).

“When Congress demands transparency and accountability in public spending by the Supreme Court pertaining to JDF, we’re not colliding with the judiciary. We’re just checking how they are spending their funds. This is pursuant to the principle of checks and balances provided within our Constitution,” he said.

Iloilo Rep. Niel Tupas, chairman of the House committee on justice, said in an earlier radio interview that the panel plans to start its investigation into the JDF after Congress resumes its session on July 28.

The JDF was created by virtue of Presidential Decree 1949 issued by former President Ferdinand Marcos in 1984. Under the law, 80 percent of the JDF should be used for cost of living allowances, which was to be released to employees every month, and not more than 20 percent of it should be used for office equipment and facilities of the court.  

The fund shall come from the docket and other legal fees paid by party litigants.

According to Barzaga, the House justice committee can look into the use of judiciary funds in exercise of its legislative powers since the PD 1949, which is considered a law, may be amended or repealed.

“When we see the JDF is not being properly spent, then we might amend it (PD 1949) or provide safety nets in order to see to it that the intent of the law at the time of its promulgation will be achieved,” he said. —KBK, GMA News