De Lima says this will restore public trust; some prosecutors unhappy
Speaking to over 2,000 lawyers at the end of the 15th Integrated Bar of the Philippines’ National Convention held in Cebu City yesterday, de Lima said she wants to restore public trust and confidence in the justice system.
“One of the ways to ensure integrity of our prosecutors is to make sure that they do not get entangled with politicians,” she said during the convention held at the Waterfront Cebu City Hotel and Casino.
“I prohibited our prosecution units, prosecutors and the prosecution staff from receiving allowances and other forms of benefits from LGUs to ensure that they do not feel beholden to local politicians,” she added.
De Lima said her directive is for “strict compliance” of all prosecutors and employees of prosecution services nationwide.
Cornerstone
“I have to really check (whether or not prosecutors) have actually complied with this (order). A credible and reliable prosecution service that is capable of upholding the rule of law and ensuring fair and expeditious administration of justice is the cornerstone for us,” she said.
De Lima also revealed plans for a new building for Cebu City and province prosecutors who remain at the old Palace of Justice that was declared unfit for occupancy following the October 15, 2013 earthquake.
Regional State Prosecutor Fernando Gubalane declined to comment on de Lima’s directive for prosecutors to stop receiving allowances from LGUs.
“Let me just reserve my comment once I receive her written directive,” said Gubalane who earlier admitted receiving at least P34,000 from four LGUs in Cebu.
In 2011, a businesswoman and another prosecutor accused Gubalane of receiving “excessive” stipends from various LGUs in Central Visayas where he serves as chief prosecutor.
Legal
Gubalane explained that allowances received by prosecutors from LGUs are “legal” and allowed under the Local Government Code of the Philippines, City Ordinances, and Republic Act 10071 or the Prosecution Service Act of 2010.
He cited Article 3, Section 458(1) of the Local Government Code which states that the local council may provide, “when the finances of the (LGU) will allow, for additional allowances and other benefits to judges, prosecutors, public elementary and high school teachers, and other national government officials stationed in or assigned in the city.”
Republic Act 10071 or the Prosecution Service Act of 2010 also said prosecutors shall receive allowances from their respective government units in amounts not exceeding 50 percent of their basic salaries.
Acting Cebu City Prosecutor Ma. Luisa Ratilla wasn’t happy with De Lima’s directive prohibiting them from receiving allowances from LGUs.
“That is sad news. (Filing a motion for) reconsideration is an option,” she said in a text message to Cebu Daily News yesterday.
Constraints
Each Cebu City prosecutor receives an allowance of P10,000 from the Cebu City government every month.
In the past years, Cebu City fiscals got a monthly stipend of P18,000 from the city government.
However, the amount was later reduced due to budget constraints.
CDN tried to reach Cebu Provincial Prosecutor Pepita Jane Petralba yesterday but she did not answer phone calls.
Each of the Cebu provincial prosecutors receives P10,000 from the Capitol.
A prosecutor has a basic salary ranging from P25,000 to over P60,000 depending on his or her rank or length of service.
Prosecutors also receive “special” allowances from the DOJ ranging from P15,000 to P20,000.
Vulnerable
Aside from prosecutors, associate justices of the Court of Appeals Cebu Station, trial court judges, clerks of court, agents of the National Bureau of Investigation (NBI), and the Public Attorney’s Office also receive allowances from local government units.
So far, only Executive Justice Gabriel Ingles of the CA Cebu Station declines to receive any stipend from LGUs, saying he wants to maintain independence “in reality and public perception.”
In a speech at the start of the 15th National Lawyers Convention in Cebu City last Friday, Chief Justice Ma. Lourdes Sereno also expressed concerns about the grant of stipends by LGUs to judges and justices. “We could not be vulnerable to LGUs,” she said.
Each Municipal Trial Court in Cities (MTCC) judge is presently receiving a monthly stipend of P30,000 from the Cebu City government while each Regional Trial Court (RTC) judge in Cebu City receives P35,000 from the city government and P12,000 from the Capitol.