Cebu fiscals ask boss not to remove LGU allowances
Dismayed by the prospect of losing income, several Cebu prosecutors said they will ask Justice Secretary Leila De Lima to reconsider her stand against allowing them to accept allowances from local government units.
No written order has been received about it yet, they pointed out.
In Cebu, prosecutors receive P10,000 a month from the Cebu city government or the Cebu provincial government depending on their assignment.
As a senior prosecutor, Liceria Lofranco-Rabillas of Cebu City said her monthly basic salary of about P60,000 from the Department of Justice (DOJ) would still have P21,000 deducted as withholding tax.
“Dako paminawon ang akong sweldo. Apan dili man gani kini paigo ipangbayad sa mga bayranan (My salary appears big but this isn’t sufficient to settle payables),” said Rabillas, who has two children.
If not for her husband’s work as a seaman, she said the family would have a hard time making ends meet: “Lisud gyud kaayo.”
She said the monthly allowance given by LGUs was a welcome boost.
Last Sunday, Justice Secretary de Lima’s statement repeated her policy during a national convention of lawyers that she would strictly prohibit state lawyers from receiving allowances from LGUs.
De Lima said she also issued a memorandum “not to consider” endorsements from politicians for applicants for appointments and promotions for the National Prosecution Service.
RELATED STORY: NO STIPENDS FOR FISCALS
Addressing the closing plenary session of the 15th Integrated Bar of the Philippines’ National Convention held in Cebu City last Sunday, De Lima said she wants to restore public trust and confidence in the justice system.
One way to do it, she said, is to ensure that prosecutors do not get entangled with politicians.
De Lima repeated her view that LGU allowances may affect or put into question the independence of prosecutors handling cases.
The justice secretary said her directive is for “strict compliance” of all prosecutors and employees of prosecution services nationwide.
Chief Justice Ma. Lourdes Sereno sounded a similar warning in her opening speech on Friday at the convention about judges accepting allowances from LGUs, reviving a debate about the propriety of such local stipends.
She said the judiciary “could not depend on the kindness of congressmen to give his PDAF” for the construction of courts and “We could not be vulnerable to LGUS, who I know want to help, but we also want to assure the IBP that when they file a case against an LGU, judges will handle the case fairly and evenly.””
In past years, the monthly stipend for prosecutors from Cebu city was higher at P18,000 but it was later reduced due to budget constraints.
A government prosecutor has a basic salary of P25,000 to P70,000 depending on one’s rank or length of service.
They also receive “special allowances” from the DOJ from P15,000 to P20,000.
NO WRITTEN ORDER
Acting Cebu City Prosecutor Ma. Luisa Ratilla said she has not received any formal directive to stop receiving stipends from LGUs and that De Lima’s announcement last Sunday was “sad news” for prosecutors.
“Allowances from LGUs have been gratituously given to us since time immemorial. Even before I became a prosecutor, I already heard about it,” Ratilla told reporters yesterday.
“This is also true with judges. If judges are enjoying allowances from LGUs, we, prosecutors, are also entitled to it,” she added.
Ratilla said that receiving allowances from LGUs does not mean prosecutors become partial or biased in cases where an elected official is charged before their office.
“We should bear in mind that the allowances extended by LGUs to prosecutors comes from people’s money. They do not come from the pockets of politicians. The givers are simply instruments,” she said.
“It’s like receiving salaries from government or any other incentives from government,” she said.
Cebu Provincial Prosecutor Pepita Jane Petralba said she too hasn’t received any written order from the Justice Secretary to reject allowances.
“But if there’s an order we can’t do anything about it. We’re just like soldiers on the ground. We simply have to obey whatever we are asked to do by the boss,” Petralba told CDN over the phone.
She said disallowing prosecutors from receiving allowances from LGUs would be a big blow.
“I have to say that prosecutors will definitely be affected,” Petralba said.
Some prosecutors in the province, she said, are not receiving Representation and Travel Allowance (RATA) from the DOJ.
“You know very well that provincial prosecutors have to travel to far-flung areas to attend hearings and other cases. Where shall my prosecutors get an extra amount for their transportation expenses,” she said.
Some use their own vehicles to travel to distant places for security reasons. Some hire personal drivers, while others rent houses so it would be easy for them to attend hearings of cases.
“We actually use allowances given by LGUs to pay for additional expenses incurred while doing our jobs so it’s but proper for us to receive allowances from LGUs,” she said.
LGUs, she said, are just concerned about efficient delivery of service to people.
“Any delay of justice is an important thing and LGUs recognize this. Hence, they are very willing to work hand in hand with us to make sure that we are able to serve the people,” she said.
“While receiving allowances from LGUs is legal, it should come with no strings attached,” she added.
Regional State Prosecutor Fernando Gubalane earlier explained that allowances received by prosecutors from LGUs was “legal” income and allowed by the Local Government Code, city ordinances, and Republic Act 10071 or the Prosecution Service Act of 2010.
Under Article 3, Section 458(1) of the Local Government Code the local council may provide, “when the finances of the City Government 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.”
RA 10071 or the Prosecution Service Act of 2010 also says that prosecutors shall receive allowances from their respective government units in amounts not exceeding 50 percent of their basic salaries.
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.
Gubalane, however, said he’s receiving at least P34,000 from four LGUs in Cebu which was within the legal limit.
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 receives allowances from LGUs.
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.”
Each Municipal Trial Court in Cities (MTCC) judge is presently receiving a monthly stipend of P30,000 from the Cebu City government.
A Regional Trial Court (RTC) judge in Cebu City receives P35,000 from the city government and P12,000 from the Capitol.
LGU allowances for judges and prosecutors became controversial in 2008 when former Cebu Gov. Gwendolyn Garcia withheld the monthly allowance of RTC Judge Bienvinido Saniel after he had ruled against the Province of Cebu in a civil case.
The incident triggered a debate over the independence of the judiciary.
In 2010, Cebu City Mayor Tomas Osmeña increased the allowances of trial judges and justices of the appellate court in Cebu.
But he did not give Cebu City prosecutors additional allowances after they inhibited from handling the libel case Osmeña filed against a rival politician. He cited the allowances they receive from the city government.
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