Joker Arroyo questions Palace ‘meddling’ on high court's budget

Senator Joker Arroyo questioned the supposed "meddling" of the Palace in the 2012 budget of the Supreme Court and constitutional commissions which are entitled to fiscal autonomy. In an interview over radio dzBB on Sunday, Arroyo said a provision in theP1.816-trillion proposed national budget for 2012 requires the high court and constitutional offices outside the jurisdiction of the Executive Department to seek permission from the Budget Department before they can fill in a vacancy. He said this provision may violate the constitutional rights of the Supreme Court and constitutional commissions to fiscal autonomy. “Ngayong itong bagong budget na ito bakit naman, may restriction na. Ang ginawa, lahat na mga (pondo) for unfilled positions, nilagay sa one lump sum na total ng P101 billion, that’s for the constitutional agencies. "So if any of the constitutional agencies like the Supreme Court, kung mag-fill-up ng position ng judge or clerk or court, they have to now notify the Budget Secretary, who will in turn decide whether to release the money or not," he added. The senator said, “Isipin mo a-appoint ng Supreme Court ng judge, sasabi niya yan, notify mo sa Budget Secretary, the Budget Secretary will release the funds for that. Presently, ang pondo nariyan sa Supreme Court, released na yan." “Yes, nariyan na (ang fiscal autonomy) sa kanila. Ngayon, hindi. Ang gusto ng Malacañang ang pera sa kanila. Ibig sabihin ngayon ang Supreme Court every time they make an appointment hihingi ng pera sa Malacañang," he added. Arroyo served as executive secretary during the term of the late President Corazon Aquino, mother of the incumbent President Benigno Simeon Aquino III. Drilon defends provision However, Senate finance committee chairman Franklin Drilon defended the provision, saying it was meant to curb abuses. He said the appropriations for unfilled positions are now lumped in the “Miscellaneous Personal Benefits Fund." Drilon also said there is no need to seek permission from Malacañang in getting funds for hiring personnel. “Yan pag nag-appoint ang ahensya automatic ang release, di kailangan ng permiso, kailangan lang mag-appoint," he said in a separate interview on dzBB. He said the provision aimed to stop the abuses in the past where an agency would hire ghost employees, and use the ghost employees’ salaries as bonuses. Fiscal autonomy Under Sec. 3, Article VIII of the 1987 Constitution, “(t)he Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released." On the other hand, Section 5, Art. IX of the Constitution states that the Constitutional Commissions “shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically and regularly released." Section 1 of Art. IX identifies the constitutional commissions as the Civil Service Commission, the Commission on Elections, and the Commission on Audit. Arroyo added both Houses of Congress are also independent offices, being in the legislative branch. “All offices in the Supreme Court, anong pakialam ng Malacañang doon? All offices in the Senate, anong pakialam ng Malacañang doon? All offices in the House, anong pakialam ng Malacañang doon?" he said. - VVP, GMA News