<--!01242006-->A.M. No. 05-9-18-SC Amended Guidelines on the Operation of the Computer Acquisition Program (2024)

January 24, 2006 1

EN BANC

A.M. No. 05-9-18-SC

AMENDED GUIDELINES ON THE OPERATION OF THE COMPUTER ACQUISITION PROGRAM FOR JUSTICES, JUDGES OF TRIAL COURTS AND LAWYERS OF THE SUPREME COURT

RESOLUTION

I.Objective

To provide justices, judges of trial courts and lawyers of the Supreme Court the opportunity of acquiring a computer notebook to hasten the computer literacy program for the Judiciary. More importantly, since the decisions and circulars of the Supreme Court will be distributed principally through the E-Library (CD & Internet versions), judges and court attorneys have no alternative but to use the computer.

II.Concept

Pursuant to Administrative Matter No. 05-9-18-SC dated September 20, 2005 (Adopting A Computer Acquisition Program for Justices, Judges of Trial Courts, and Lawyers of the Supreme Court; Setting Aside for the Purpose Fifty Million Pesos from the Twenty Percent of the Judiciary Development Fund (JDF) allotted for Equipment and Facilities and for Other Purposes), the Supreme Court will provide an interest-free loan for the acquisition of notebook computers to all qualified justices, judges of trial courts or lawyers of the Supreme Court on a repayment scheme of not more than 36 monthly installments.

III.Funds

The amount of 50 Million Pesos, hereafter known as the Computer Literacy Fund, has been set aside from the 20% of the JDF allotted for equipment and facilities, which amount may be increased from time to time as the need arises as determined by the Chief Justice.

IV.Coverage

These guidelines shall apply to applicant Justices of the Supreme Court, Court of Appeals, Sandiganbayan, Court of Tax Appeals, Judges of Trial Courts, including Shari'a Courts, and lawyers employed in the Supreme Court. IEAHca

V.Qualification Requirements

A.To qualify, the applicant must:

1.still be able to serve the Judiciary for at least three (3) years from the approval of the application, except (1) court attorneys holding co-terminous positions in which case the surety of the Supreme Court Savings and Loan Association, the Supreme Court Employees' Multi-Purpose Cooperative, or the Judiciary Savings and Loan Association shall be sufficient; (2) justices; and (3) judges;

2.have rendered at least three (3) years of continuous service in the Judiciary as reflected in the service record, except justices, judges, and court attorneys holding co-terminous positions;

3.not more than fifty-nine (59) years of age as of the date of application, except justices and judges;

4.no pending administrative or criminal case;

5.have a minimum 30 days leave credits;

6.have met the minimum P3,000.00 net take home pay; and

7.have at least two (2) qualified co-makers or in lieu thereof, the surety of the Supreme Court Savings and Loan Association, the Supreme Court Employees' Multi-Purpose Cooperative, or the Judiciary Savings and Loan Association.

B.The co-makers must:

1.be employees of the Court;

2.hold a permanent appointment; and

3.occupy positions with at least the same salary grade as the borrower and preferably assigned in the same court/branch.

VI.Duties and Responsibilities

A.The Committee for the Computer Acquisition Program for Justices, Judges of Trial Courts and Lawyers of the Supreme Court (CCAP) shall: ASTcEa

1.assign staff to handle the administration and operation of the Program;

2.negotiate and enter into contract or agreement with computer companies to sell, distribute and service computers under the Program at the lowest possible cost;

3.give out individual loans without interest in an amount not exceeding Thirty Six Thousand Pesos (P36,000.00) payable in 36 equal monthly installments;

4.see to it that all necessary documents relating to the loan as required by the rules and regulations are satisfied; and

5.render necessary reports.

B.The Contractor/Distributor/Supplier — The private company engaged by the CCAP on an exclusive basis to deliver and service the computer units shall:

1.administer the non-policy aspects of the Program as agreed upon in a Memorandum of Agreement; and

2.on an exclusive basis sell, deliver and service computer units granted to the borrowers;

C.The Cashier FMBO (SC); FMO (OCA); Finance Division, CA; Finance Division, SB; Finance Division, CTA shall:

1.deduct from the salary of the justice, judge or lawyer-borrowers the required monthly installment due to include insurance premium; and

2.in case of resignation, separation, retirement or discharge, the remaining amortizations shall all become due and demandable. The same shall be paid in cash by the justice, judge or lawyer-borrower. Should the justice, judge or lawyer-borrower fail to pay in cash, the amount due and demandable shall be taken from any monetary benefits, retirement gratuities or terminal leave benefits that may accrue to them in the course of their employment. No clearance shall be issued until after the obligation is settled.

D.The Justice, Judge or Lawyer-Borrower shall: DCTHaS

1.pay his obligation within the stipulated period;

2.use the computer in accordance with the objective of the program;

3.not to transfer, assign or encumber the computer without the approval of CCAP or until full payment of the loan has been made;

4.immediately report to CCAP in case of transfer, resignation, separation, retirement, discharge or dismissal from the service; and

5.secure a clearance from CCAP in case of resignation, transfer, separation, retirement, discharge or dismissal from the service.

VII.Filing and Processing of Applications/Delivery and Payment

A.Filing and Processing of Applications

Application forms together with all necessary documents (promissory note and request for salary deduction) will be made available at the Property Division, Office of the Court Administrator.

The qualified justice, judge or court attorney desiring to acquire a computer under the program shall fill out the application form (CCAP Form 1-A). All duly accomplished application form and its enclosures shall be submitted to the Property Division, Office of the Court Administrator for processing and approval.

Upon approval of the loan, a Delivery Order will be forwarded to the concerned computer company for issuance of the computer unit. The borrower shall shoulder the cost of delivery or freightage, if any, as well as other incidental expenses. The said borrower shall also be responsible for the costs of maintenance and repair of the computer, if the same is not covered by or beyond the period of the warranty.

B.Payment

The justice, judge or lawyer-borrower shall pay the downpayment/difference in case the cost/price of the notebook computer is higher than the amount of loan.

The computer company will forward the Invoice of the computer together with the Delivery Order to the CCAP for payment of the computer issued to the justice, judge or lawyer-borrower.

The loan shall be amortized over a period of three (3) years. For this purpose, the justice, judge or lawyer-borrower must render a service obligation in the Judiciary for three (3) years immediately after receipt of the computer during which period the installments shall be deducted monthly from the applicant's monthly additional cost of living allowance from the JDF; and if it is insufficient, it shall be deducted from the monthly salary. cDCEIA

Should the justice, judge or lawyer-borrower fail to render the required three-year service obligation through his own fault, negligence, unsatisfactory or poor performance or other causes within his control resulting in the non-payment of the full cost of the computer; or should the justice, judge or lawyer-borrower resign, transfer to an agency or office, voluntarily retire, or be separated/removed from the service, the entire unpaid balance shall become due and demandable.

VIII.Committee

A Committee for the Computer Acquisition Program for Justices, Judges of Trial Courts and Lawyers of the Supreme Court (CCAP) is created for the effective and efficient implementation of the Program. It is composed of the following:

APPROVED this 5th day of January 2006.

Footnotes

1.Amends En Banc Resolution dated November 8, 2005 in A.M. No. 05-9-18-SC (circularized through OCA Circular No. 134-2005 dated December 28, 2005) deleting the provisions that pertain to life insurance as a requirement for the acquisition of notebook computers (Item No. VIII). This amendment was likewise circularized through OCA Circular No. 31-2006 dated February 27, 2006.