A.M. No.

11-7-10-SC July 31, 2012
Re: COA Opinion on the Computation of the Appai!e" #alue of the $opetie! $u%ha!e" &y
the Retie" Chief'A!!o%iate Ju!ti%e! of the Supeme Cout.
The present administrative matter stems from the two Memoranda, dated July !, "# and $u%ust
#, "##, su&mitted &y $tty' Eden T' (andelaria, )eputy (ler* of (ourt and (hief $dministrative
Offi+er, Offi+e of $dministrative Servi+es, to the Offi+e of the (hief Justi+e' These
Memoranda essentially as* the (ourt to determine the proper formula to &e used in +omputin% the
appraisal value that a retired (hief Justi+e and several $sso+iate Justi+es of the Supreme (ourt
have to pay to a+,uire the %overnment properties they used durin% their tenure'
This issue has its roots in the June /, "## Opinion

issued &y the Le%al Servi+es Se+tor, Offi+e of
the 0eneral (ounsel of the (ommission on $udit 1(O$2, whi+h found that an underpayment
amountin% to 3"",#"'4# resulted when five 142 retired Supreme (ourt 5usti+es pur+hased from the
Supreme (ourt the personal properties assi%ned to them durin% their in+um&en+y in the (ourt, to
Name of Ju!ti%e (tem! $u%ha!e"
#aluation un"e
1in pesos2
#aluation un"e
No. +,--.+A
1in pesos2
1in pesos2
$rtemio 3an%ani&an
1(hief Justi+e2
Toyota (amry,
"##7 model
7!,"!'# 784,###'## "7,94/':#
Toyota 0randia,
"##" model
78,4##'## 4,###'## !,4##'##
Toyota (amry,
"## model
4,/##'## 48,###'## !#,"##'##
Ru&en T' Reyes
1$sso+iate Justi+e2
Toyota (amry,
"##4 model
49:,47"'4# 4/#,8##'## ,#89'4#
Toyota 0randia,
"##7 model
9,7##'## /,"##'## 87,:##'##
$n%elina S' 0utierre;
1$sso+iate Justi+e2
Toyota 0randia,
"##" model
4,/##'## 4#,8##'## 7!,/##'##
$dolfo S' $;+una
1$sso+iate Justi+e2
Toyota (amry,
"##4 model
478,#4'## 4!7,7##'## :,:4'##
Toyota 0randia,
"##" model
9,7##'## !4,###'## "9,9##'##
Sony T< Set ",7::':# ",4##'## ##'#
Ma' $li+ia 4,/##'##
The (O$ attri&uted this underpayment to the use &y the 3roperty )ivision of the Supreme (ourt of
the wron% formula in +omputin% the appraisal value of the pur+hased vehi+les' $++ordin% to the
(O$, the 3roperty )ivision erroneously appraised the su&5e+t motor vehi+les &y applyin%
(onstitutional .is+al $utonomy 0roup 1(.$02 Joint Resolution No' 74 dated $pril "7, ::9 and its
%uidelines, in +omplian+e with the Resolution of the (ourt En =an+ dated Mar+h "7, "##! in $'M'
No' #7>">#,
when it should have applied the formula found in (O$ Memorandum No' :/>48:>
dated $u%ust 4, ::/'
Re+ommendations of the Offi+e of $dministrative Servi+es In her Memorandum dated $u%ust #,
"##, $tty' (andelaria re+ommended that the (ourt advise the (O$ to respe+t the in>house
+omputation &ased on the (.$0 formula, notin% that this was the first time that the (O$ ,uestioned
the authority of the (ourt in usin% (.$0 Joint Resolution No' 74 and its %uidelines in the appraisal
and disposal of %overnment property sin+e these were issued in ::9' $s a matter of fa+t, in two
previous instan+es involvin% two 1"2 retired (ourt of $ppeals $sso+iate Justi+es,
the (O$ upheld the
in>house appraisal of %overnment property usin% the formula found in the (.$0 %uidelines' More
importantly, the (onstitution itself %rants the Judi+iary fis+al autonomy in the handlin% of its &ud%et
and resour+es' .ull autonomy, amon% others,
+ontemplates the %uarantee of full fle?i&ility in the
allo+ation and utili;ation of the Judi+iary@s resour+es, &ased on its own determination of what it
needs' The (ourt thus has the re+o%ni;ed authority to allo+ate and dis&urse su+h sums as may &e
provided or re,uired &y law in the +ourse of the dis+har%e of its fun+tions'
To allow the (O$ to
su&stitute the (ourt@s poli+y in the disposal of its property would &e tantamount to an en+roa+hment
into this 5udi+ial prero%ative'
Ae find $tty' (andelaria@s re+ommendation to &e well>ta*en'
The (O$@s authority to +ondu+t post>audit e?aminations on +onstitutional &odies %ranted fis+al
autonomy is provided under Se+tion "12, $rti+le IB>) of the :/9 (onstitution, whi+h states6
Se+tion "' 12 The (ommission on $udit shall have the power, authority, and duty to e?amine, audit,
and settle all a++ounts pertainin% to the revenue and re+eipts of, and e?penditures or uses of funds
and property, owned or held in trust &y, or pertainin% to, the 0overnment, or any of its su&divisions,
a%en+ies, or instrumentalities, in+ludin% %overnment>owned or +ontrolled +orporations with ori%inal
+harters, and on a post>audit &asis6 1a2 +onstitutional &odies, +ommissions and offi+es that have
&een %ranted fis+al autonomy under this (onstitution' emphasis ours
This authority, however, must &e read not only in li%ht of the (ourt@s fis+al autonomy, &ut also in
relation with the +onstitutional provisions on 5udi+ial independen+e and the e?istin% 5urispruden+e
and (ourt rulin%s on these matters'
Separation of 3owers and Judi+ial Independen+e
In $n%ara v' Ele+toral (ommission,
we e?plained the prin+iple of separation of powers, as follows6
The separation of powers is a fundamental prin+iple in our system of %overnment' It o&tains not
throu%h e?press provision &ut &y a+tual division in our (onstitution' Ea+h department of the
%overnment has e?+lusive +o%ni;an+e of matters within its 5urisdi+tion, and is supreme within its own
sphere' =ut it does not follow from the fa+t that the three powers are to &e *ept separate and distin+t
that the (onstitution intended them to &e a&solutely unrestrained and independent of ea+h other'
The (onstitution has provided for an ela&orate system of +he+*s and &alan+es to se+ure
+oordination in the wor*in%s of the various departments of the %overnment' ? ? ? $nd the 5udi+iary in
turn, with the Supreme (ourt as the final ar&iter, effe+tively +he+*s the other departments in the
e?er+ise of its power to determine the law, and hen+e to de+lare e?e+utive and le%islative a+ts void if
violative of the (onstitution'
The +on+ept of the independen+e of the three &ran+hes of %overnment, on the other hand, e?tends
from the notion that the powers of %overnment must &e divided to avoid +on+entration of these
powers in any one &ran+hC the division, it is hoped, would avoid any sin%le &ran+h from lordin% its
power over the other &ran+hes or the +iti;enry'
To a+hieve this purpose, the divided power must &e
wielded &y +o>e,ual &ran+hes of %overnment that are e,ually +apa&le of independent a+tion in
e?er+isin% their respe+tive mandatesC la+* of independen+e would result in the ina&ility of one
&ran+h of %overnment to +he+* the ar&itrary or self>interest assertions of another or others'

Under the Judi+iary@s uni,ue +ir+umstan+es, independen+e en+ompasses the idea that individual
5ud%es +an freely e?er+ise their mandate to resolve 5usti+ia&le disputes, while the 5udi+ial &ran+h, as
a whole, should wor* in the dis+har%e of its +onstitutional fun+tions free of restraints and influen+e
from the other &ran+hes, save only for those imposed &y the (onstitution itself'
Thus, 5udi+ial
independen+e +an &e D&ro*en down into two distin+t +on+epts6 de+isional independen+e and
institutional independen+e'D
)e+isional independen+e Drefers to a 5ud%e@s a&ility to render de+isions
free from politi+al or popular influen+e &ased solely on the individual fa+ts and appli+a&le law'D
the other hand, institutional independen+e Ddes+ri&es the separation of the 5udi+ial &ran+h from the
e?e+utive and le%islative &ran+hes of %overnment'D
Simply put, institutional independen+e refers to
the D+olle+tive independen+e of the 5udi+iary as a &ody'D
In the +ase In the Matter of the $lle%ations (ontained in the (olumns of Mr' $mado 3' Ma+asaet
3u&lished in Malaya )ated Septem&er /, :, "# and ", "##9,
the (ourt delineated the
distin+tions &etween the two +on+epts of 5udi+ial independen+e in the followin% manner6
One +on+ept is individual 5udi+ial independen+e, whi+h fo+uses on ea+h parti+ular 5ud%e and see*s
to insure his or her a&ility to de+ide +ases with autonomy within the +onstraints of the law' $ 5ud%e
has this *ind of independen+e when he +an do his 5o& without havin% to hear E or at least without
havin% to ta*e it seriously if he does hear E +riti+isms of his personal morality and fitness for 5udi+ial
offi+e' The se+ond +on+ept is institutional 5udi+ial independen+e' It fo+uses on the independen+e of
the 5udi+iary as a &ran+h of %overnment and prote+ts 5ud%es as a +lass'
$ truly independent 5udi+iary is possi&le only when &oth +on+epts of independen+e are preserved >
wherein pu&li+ +onfiden+e in the +ompeten+e and inte%rity of the 5udi+iary is maintained, and the
pu&li+ a++epts the le%itima+y of 5udi+ial authority' $n erosion of this +onfiden+e threatens the
maintenan+e of an independent Third Estate' itali+s and emphases ours Re+o%ni;in% the vital role
that the Judi+iary plays in our system of %overnment as the sole repository of 5udi+ial power, with the
power to determine whether any a+t of any &ran+h or instrumentality of the %overnment is attended
with %rave a&use of dis+retion,
no less than the (onstitution provides a num&er of safe%uards to
ensure that 5udi+ial independen+e is prote+ted and maintained'
The (onstitution e?pressly prohi&its (on%ress from deprivin% the Supreme (ourt of its 5urisdi+tion,
as enumerated in Se+tion 4, $rti+le <II of the (onstitution, or from passin% a law that undermines the
se+urity of tenure of the mem&ers of the 5udi+iary'
The (onstitution also mandates that the 5udi+iary
shall en5oy fis+al autonomy,
and %rants the Supreme (ourt administrative supervision over all
+ourts and 5udi+ial personnel' Jurispruden+e
has +hara+teri;ed administrative supervision as
e?+lusive, notin% that only the Supreme (ourt +an oversee the 5ud%es and +ourt personnelFs
+omplian+e with all laws, rules and re%ulations' No other &ran+h of %overnment may intrude into this
power, without runnin% afoul of the do+trine of separation of powers'
The (onstitution prote+ts as well the salaries of the Justi+es and 5ud%es &y prohi&itin% any de+rease
in their salary durin% their +ontinuan+e in offi+e,
and ensures their se+urity of tenure &y providin%
that DMem&ers of the Supreme (ourt and 5ud%es of lower +ourts shall hold offi+e durin% %ood
&ehavior until they rea+h the a%e of seventy years or &e+ome in+apa+itated to dis+har%e the duties
of their offi+e'D
Aith these %uarantees, 5usti+es and 5ud%es +an administer 5usti+e undeterred &y any
fear of reprisals &rou%ht on &y their 5udi+ial a+tion' They +an a+t inspired solely &y their *nowled%e of
the law and &y the di+tates of their +ons+ien+e, free from the +orruptin% influen+e of &ase or
unworthy motives'
$ll of these +onstitutional provisions were put in pla+e to stren%then 5udi+ial independen+e, not only
&y +learly statin% the (ourt@s powers, &ut also &y providin% e?press limits on the power of the two
other &ran+hes of %overnment to interfere with the (ourt@s affairs'
.is+al $utonomy
One of the most important aspe+ts of 5udi+ial independen+e is the +onstitutional %rant of fis+al
autonomy' Just as the E?e+utive may not prevent a 5ud%e from dis+har%in% his or her 5udi+ial duty
1for e?ample, &y physi+ally preventin% a +ourt from holdin% its hearin%s2 and 5ust as the Le%islature
may not ena+t laws removin% all 5urisdi+tion from +ourts,
the +ourts may not &e o&stru+ted from
their freedom to use or dispose of their funds for purposes %ermane to 5udi+ial fun+tions' Ahile, as a
%eneral proposition, the authority of le%islatures to +ontrol the purse in the first instan+e is
un,uestioned, any form of interferen+e &y the Le%islative or the E?e+utive on the Judi+iary@s fis+al
autonomy amounts to an improper +he+* on a +o>e,ual &ran+h of %overnment' If the 5udi+ial &ran+h
is to perform its primary fun+tion of ad5udi+ation, it must &e a&le to +ommand ade,uate resour+es for
that purpose' This authority to e?er+ise 1or to +ompel the e?er+ise of2 le%islative power over the
national purse 1whi+h at first &lush appears to &e a violation of +on+epts of separateness and an
invasion of le%islative autonomy2 is ne+essary to maintain 5udi+ial independen+e
and is e?pressly
provided for &y the (onstitution throu%h the %rant of fis+al autonomy under Se+tion 7, $rti+le <III'
This provision states6
Se+tion 7' The Judi+iary shall en5oy fis+al autonomy' $ppropriations for the Judi+iary may not &e
redu+ed &y the le%islature &elow the amount appropriated for the previous year and, after approval,
shall &e automati+ally and re%ularly released'
In =en%;on v' )rilon,
we had the opportunity to define the s+ope and e?tent of fis+al autonomy in
the followin% manner6
$s envisioned in the (onstitution, the fis+al autonomy en5oyed &y the Judi+iary, the (ivil Servi+e
(ommission, the (ommission on $udit, the (ommission on Ele+tions, and the Offi+e of the
Om&udsman +ontemplates a %uarantee of full fle?i&ility to allo+ate and utili;e their resour+es with the
wisdom and dispat+h that their needs re,uire' It re+o%ni;es the power and authority to levy, assess
and +olle+t fees, fi? rates of +ompensation not e?+eedin% the hi%hest rates authori;ed &y law for
+ompensation and pay plans of the %overnment and allo+ate and dis&urse su+h sums as may &e
provided &y law or pres+ri&ed &y them in the +ourse of the dis+har%e of their fun+tions'
.is+al autonomy means freedom from outside +ontrol' If the Supreme (ourt says it needs ##
typewriters &ut )=M rules we need only # typewriters and sends its re+ommendations to (on%ress
without even informin% us, the autonomy %iven &y the (onstitution &e+omes an empty and illusory
The Judi+iary, the (onstitutional (ommissions, and the Om&udsman must have the independen+e
and fle?i&ility needed in the dis+har%e of their +onstitutional duties' The imposition of restri+tions and
+onstraints on the manner the independent +onstitutional offi+es allo+ate and utili;e the funds
appropriated for their operations is anathema to fis+al autonomy and violative not only of the e?press
mandate of the (onstitution &ut espe+ially as re%ards the Supreme (ourt, of the independen+e and
separation of powers upon whi+h the entire fa&ri+ of our +onstitutional system is &ased' In the
interest of +omity and +ooperation, the Supreme (ourt, (onstitutional (ommissions, and the
Om&udsman have so far limited their o&5e+tions to +onstant reminders' Ae now a%ree with the
petitioners that this %rant of autonomy should +ease to &e a meanin%less provision'
In this +ited +ase, the (ourt set aside 3resident (ora;on $,uino@s veto of parti+ular provisions of the
0eneral $ppropriations $+t for the .is+al Gear ::" relatin% to the payment of the ad5usted pensions
of retired 5usti+es of the Supreme (ourt and the (ourt of $ppeals, on the &asis of the Judi+iary@s
+onstitutionally %uaranteed independen+e and fis+al autonomy' The (ourt ruled6
In the +ase at &ar, the veto of these spe+ifi+ provisions in the 0eneral $ppropriations $+t is
tantamount to di+tatin% to the Judi+iary how its funds should &e utili;ed, whi+h is +learly repu%nant to
fis+al autonomy' The freedom of the (hief Justi+e to ma*e ad5ustments in the utili;ation of the funds
appropriated from the e?penditures of the 5udi+iary, in+ludin% the use of any savin%s from any
parti+ular item to +over defi+its or shorta%es in other items of the Judi+iary is withheld' 3ursuant to
the (onstitutional mandate, the Judi+iary must en5oy freedom in the disposition of the funds
allo+ated to it in the appropriations law' It *nows its priorities 5ust as it is aware of the fis+al restraints'
The (hief Justi+e must &e %iven a free hand on how to au%ment appropriations where au%mentation
is needed'
The (ourt@s de+larations in =en%;on ma*e it +lear that the %rant of fis+al autonomy to the Judi+iary is
more e?tensive than the mere automati+ and re%ular release of its approved annual
real fis+al autonomy +overs the %rant to the Judi+iary of the authority to use and
dispose of its funds and properties at will, free from any outside +ontrol or interferen+e'
$ppli+ation to the 3resent (ase
The Judi+iary@s fis+al autonomy is reali;ed throu%h the a+tions of the (hief Justi+e, as its head, and
of the Supreme (ourt En =an+, in the e?er+ise of administrative +ontrol and supervision of the +ourts
and its personnel' $s the (ourt En =an+@s Resolution 1dated Mar+h "7, "##!2 in $'M' No' #7>">#
refle+ts, the fis+al autonomy of the Judi+iary serves as the &asis in allowin% the sale of the
Judi+iary@s properties to retirin% Justi+es of the Supreme (ourt and the appellate +ourts6
A-ERE$S, &y the +onstitutional mandate of fis+al autonomy as defined in =en%;on v' )rilon 10'R'
No' #74"!, 4 $pril ::", "#/ S(R$ 77, 4#2 the Judi+iary has Dfull fle?i&ility to allo+ate and
utili;e 1its2 resour+es with the wisdom and dispat+h that 1its2 needs re,uireDC
A-ERE$S, the lon%>esta&lished tradition and pra+ti+e of Justi+es or Mem&ers of appellate +ourts of
pur+hasin% for sentimental reasons at retirement %overnment properties they used durin% their
tenure has &een re+o%ni;ed as a privile%e en5oyed only &y su+h %overnment offi+ialsC and
A-ERE$S, the e?er+ise of su+h privile%e needs re%ulation to the end that respe+t for sentiments
that a retirin% Justi+e atta+hes to properties he or she offi+ially used durin% his or her tenure should
&e in +onsonan+e with the need for restraint in the utili;ation and disposition of %overnment
=y way of a lon% standin% tradition, partly &ased on the intention to reward lon% and faithful servi+e,
the sale to the retired Justi+es of spe+ifi+ally desi%nated properties that they used durin% their
in+um&en+y has &een re+o%ni;ed &oth as a privile%e and a &enefit' This has &e+ome an esta&lished
pra+ti+e within the Judi+iary that even the (O$ has previously re+o%ni;ed'
The En =an+ Resolution
also deems the %rant of the privile%e as a form of additional retirement &enefit that the (ourt +an
%rant its offi+ials and employees in the e?er+ise of its power of administrative supervision' Under this
administrative authority, the (ourt has the power to administer the Judi+iary@s internal affairs, and
this in+ludes the authority to handle and mana%e the retirement appli+ations and entitlements of its
personnel as provided &y law and &y its own %rants'
Thus, under the %uarantees of the Judi+iary@s fis+al autonomy and its independen+e, the (hief
Justi+e and the (ourt En =an+ determine and de+ide the who, what, where, when and how of the
privile%es and &enefits they e?tend to 5usti+es, 5ud%es, +ourt offi+ials and +ourt personnel within the
parameters of the (ourt@s %ranted powerC they determine the terms, +onditions and restri+tions of the
%rant as %rantor'
In the +onte?t of the %rant now in issue, the use of the formula provided in (.$0 Joint Resolution
No' 74 is a part of the (ourt@s e?er+ise of its dis+retionary authority to determine the manner the
%ranted retirement privile%es and &enefits +an &e availed of' $ny *ind of interferen+e on how these
retirement privile%es and &enefits are e?er+ised and availed of, not only violates the fis+al autonomy
and independen+e of the Judi+iary, &ut also en+roa+hes upon the +onstitutional duty and privile%e of
the (hief Justi+e and the Supreme (ourt En =an+ to mana%e the Judi+iary@s own affairs'
$s a final point, we add that this view finds full support in the 0overnment $++ountin% and $uditin%
Manual 10$$M2, <olume , parti+ularly, Se+tion 4# of Title 9, (hapter 7, whi+h states6
Se+tion 4#' $uthority or responsi&ility for property disposalHdivestment' E The full and sole authority
and responsi&ility for the divestment and disposal of property and other assets owned &y the
national %overnment a%en+ies or instrumentalities, lo+al %overnment units and %overnment>owned
andHor +ontrolled +orporations and their su&sidiaries shall &e lod%ed in the heads of the
departments, &ureaus, and offi+es of the national %overnment, the lo+al %overnment units and the
%overnin% &odies or mana%in% heads of %overnment>owned or +ontrolled +orporations and their
su&sidiaries +onforma&ly to their respe+tive +orporate +harters or arti+les of in+orporation, who shall
+onstitute the appropriate +ommittee or &ody to underta*e the same' itali+s suppliedC emphases ours
This provision +learly re+o%ni;es that the (hief Justi+e, as the head of the Judi+iary, possesses the
full and sole authority and responsi&ility to divest and dispose of the properties and assets of the
Judi+iaryC as -ead of Offi+e, he determines the manner and the +onditions of disposition, whi+h in
this +ase relate to a &enefit' $s the usual pra+ti+e of the (ourt, this authority is e?er+ised &y the
(hief Justi+e in +onsultation with the (ourt En =an+' -owever, whether e?er+ised &y the (hief
Justi+e or &y the Supreme (ourt En =an+, the %rant of su+h authority and dis+retion is une,uivo+al
and leaves no room for interpretations and insertions'
$((OR)IN0LG, premises +onsidered, the in>house +omputation of the appraisal value made &y the
3roperty )ivision, Offi+e of I$dministrative Servi+es, of the properties pur+hased &y the retired (hief
Justi+e and $sso+iate Justi+es of the Supreme (ourt, &ased on (.$0 Joint Resolution No' 74 dated
$pril "7, ::9, as dire+ted under the (ourt Resolution dated Mar+h "7, "##! in $'M' No' #7>">#,
is (ON.IRME) to &e le%al and valid' Let the (ommission on $udit &e a++ordin%ly advised of this
Resolution for its %uidan+e'
Senior $sso+iate Justi+e
$R1S2(01RO J. #13ASCO, JR.
$sso+iate Justi+e
01R1S(0A J. 31ONAR/O-/1 CAS0RO
$sso+iate Justi+e
AR04RO /. 2R(ON
$sso+iate Justi+e
/(OS/A/O M. $1RA30A
$sso+iate Justi+e
34CAS $. 21RSAM(N
$sso+iate Justi+e
MAR(ANO C. /13 CAS0(33O
$sso+iate Justi+e
RO21R0O A. A2A/
$sso+iate Justi+e
MAR0(N S. #(33ARAMA, JR.
$sso+iate Justi+e
JOS1 $OR04*A3 $1R15
$sso+iate Justi+e
1On Leave2
$sso+iate Justi+e
MAR(A 3O4R/1S $.A. S1R1NO
$sso+iate Justi+e
2(1N#1N(/O 3. R161S
$sso+iate Justi+e
1S013A M. $1R3AS-21RNA21
$sso+iate 5usti+e
On Leave'

Opinion No' "##>#74'
The amount of 34,/##'## alle%edly underpaid &y retired $sso+iate Justi+e Ma' $li+ia
$ustria>Martine; in the pur+hase of an unspe+ified item was su&se,uently in+luded via the
(O$@s letter dated July 8, "#'
Resolution $doptin% 0uidelines on the 3ur+hase of Judi+iary 3roperties &y Retirin%
Mem&ers of the Supreme (ourt and $ppellate (ourts'
Revised 0uidelines on $ppraisal of 3roperty other than Real Estate, $nti,ue 3roperty and
Aor*s of $rt'
L$O>N>"##7>"8" E Re,uest of Retired Justi+e Oswaldo )' $%+aoili, (ourt of $ppeals, for
the redu+tion in the appraised value of one unit Ma;da E"### 3ower <an Model ::/ from
3:",###'## to 34",###'##2C and L$O>N>"##!>":8 E Re,uest of Retired Justi+e
=uenaventura J' 0uerrero, (ourt of $ppeals, for re+onsideration of the value of one 12 unit
-onda (ivi+, whi+h he intends to pur+hase from 378",:::':/ to 377#,"::'"'
Se+tion 7, $rti+le <III of the :/9 (onstitution provides, DThe Judi+iary shall en5oy fis+al
See =en%;on v' )rilon, 0'R' No' #74"!, $pril 4, ::", "#/ S(R$ 77, 4#'
87 3hil' 7: 1:782'
Id' at 48>49'
ST$TES !:>4" 1:942, +ited in Jeffrey Ja+*son, Judi+ial Independen+e, $de,uate (ourt
.undin%, and Inherent Judi+ial 3owers, 4" Md' L' Rev' "9 1::72'

Jeffrey Ja+*son, Judi+ial Independen+e, $de,uate (ourt .undin%, and Inherent Judi+ial
3owers, 4" Md' L' Rev' "9 1::72'
Joseph M' -ood, Judi+ial Independen+e, "7 J' National $sso+iation $dmin' L' Jud%es 79,
7/ 1"##72 +itin% $meri+an Judi+ature So+iety, Ahat is Judi+ial Independen+eK 1Novem&er
"9, "##"2, at http6HHwww'a5s'or%H+5iH+5iLwhatis5i'asp 1last visited $pril !, "##72'
0erard L' (han, Lo&&yin% the Judi+iary6 3u&li+ Opinion and Judi+ial Independen+e, 99 3LJ
97, 98 1"##"2'
$'M' No' #9>#:>7>S(, $u%ust /, "##/, 48 S(R$ 7:4, !78'
(ONSTITUTION, $rti+le <III, Se+tion '
Id', Se+tion "'
Id', Se+tion 7'
0ar+ia v' Miro, 0'R' No' 89!#:, Mar+h "#, "##:, 4/" S(R$ "9C $mpon% v' (ivil Servi+e
(ommission, (S(>Re%ional Offi+e No' , 0'R' No' 89:8, $u%ust "8, "##/, 487 S(R$
":7C Jud%e (aoi&es, Jr' v' -on' Om&udsman, !7 3hil' 99 1"##2C and .uentes v' Offi+e of
the Om&udsman>Mindanao, 0'R' No' "!":4, O+to&er "7, "##, 78/ S(R$ 78'
$mpon% v' (ivil Servi+e (ommission, (S(>Re%ional Offi+e No' , supra, at 7#7, +itin%
Ma+eda v' <as,ue;, 0'R' No' #"9/, $pril "", ::7, "" S(R$ !8!'
(ONSTITUTION, $rti+le <III, Se+tion #'
Id', Se+tion '
See )e La Llana, et+', et al' v' $l&a, et+', et al', :/ 3hil' , 8! 1:/"2'
See e'%', United States v' Mlein, /# U'S' 17 Aall'2 "/ 1/9"2, +ited in Jeffrey Ja+*son,
Judi+ial Independen+e, $de,uate (ourt .undin%, and Inherent Judi+ial 3owers, 4" Md' L'
Rev' "9 1::72'
See Juvenile )ire+tor, 4"" 3'"d at 8/C (ommonwealth e? rel' (arroll v' Tate, "9! $'"d
:7, :9 13a'2 +ert' denied, !#" U'S' :9! 1:92, +ited in Jeffrey Ja+*son, Judi+ial
Independen+e, $de,uate (ourt .undin%, and Inherent Judi+ial 3owers, 4" Md' L' Rev' "9
0'R' No' #74"!, $pril 4, ::", "#/ S(R$ 77'
Id' at 4#>4'
Id' at 4'
(ommission on -uman Ri%hts Employees@ $sso+iation v' (ommission on -uman Ri%hts,
4"/ 3hil' 84/, 894 1"##82'
Supra note 4'
(ir+ular No' 78>:9 1Su&5e+t6 Reor%ani;ation $nd Stren%thenin% of the Offi+e of the (ourt
$dministrator2 pursuant to 3residential )e+ree No' /"/, as amended &y 3residential )e+ree
No' /!", +reated the Offi+e of the (ourt $dministrator to assist the Supreme (ourt i