MEMORANDUM
ORDER NO. 40-2004
AUGMENTING THE
APPROPRIATION FOR SUBSIDY TO THE INTEGRATED BAR OF THE PHILIPPINES
(IBP) FOR LEGAL ASSISTANCE TO POOR LITIGANTS
WHEREAS, for CY 2002 upon recommendation of the
Supreme
Court, the amount of P20,000,000 as subsidy to the Integrated
Bar of the
Philippines (IBP) for its legal assistance to poor litigants was
granted to the
Court under the General Appropriations Act (GAA) for CY 2002:
WHEREAS, for CY 2003, the amount of P11,000,000
as
subsidy to the Integrated Bar of the Philippines (IBP) was provided for
under
RA No. 9206, which was inadequate for legal assistance to poor
litigants;
WHEREAS, for CY 2003, under Memorandum Order No.
25-2003,
the Court granted the additional amount of P11,000,000 from
savings of
the Lower Courts to augment the P11,000,000 subsidy to the
Integrated
Bar of the Philippines (IBP);
WHEREAS, for CY 2004, the amount of only P11,000,000
for the purpose abovementioned can be made available consistent with
the
provisions of the reenacted budget of CY 2003; however, said amount is
grossly
inadequate in light of the urgency of an effective program for legal
aid that
gives the poor and the disadvantaged sector of society adequate legal
service
and access to justice;
WHEREAS, under Section 54 of the General
Appropriations
Act of CY 2003 (RA 9206) - as reenacted for CY 2004, in relation to
Section
25(5) of Article VI of the Constitution, the Chief Justice is
authorized to
augment any item in the appropriation for the Judiciary from savings in
other
items in such appropriations;
WHEREAS, under Joint Resolution No. 1 of the
Constitutional Fiscal Autonomy Group (CFAG) on Continuing
Appropriations
(Fiscal Autonomy Account), the Chief Justice is authorized to use
savings for, inter alia, any other legal or official
purpose as determined by
him;
NOW, THEREFORE, upon prior consultation with and
approval of the Court En Banc on 20 July 2004 in Bar Matter No.
1173,
the Chief Justice hereby resolves to augment the subsidy to the
Integrated Bar
of the Philippines (IBP) for assistance to poor litigants under its
Legal Aid
Program for the current year 2004 in the amount of Eleven Million Pesos
(P11,000,000),
thereby increasing the approved subsidy per RA No. 9206 from P11,000,000
to Twenty Two Million Pesos (P22,000,000), chargeable against
the Fiscal
Autonomy Account (Lower Courts).
The IBP shall submit its CY 2004 program for
legal aid activities
and expenditures, which shall be subject to the usual audit by the
Commission
on Audit.
City of Manila, 16 July 2004.
HILARIO
G. DAVIDE,
JR.
Chief
Justice
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