Presidential Decree No. 828 (PD 828) — Creating the Office of the Court Administrator in the Supreme Court and Providing Funds Therefor and for Other Purposes.
WHEREAS, the Constitution vests in the Supreme Court
administrative supervision of all courts and the personnel thereof;
WHEREAS, the Supreme Court, being an appellate and
collegiate body, can best exercise its powers of administrative
supervision through an office specifically created for the purpose, and
has accordingly proposed and recommended the creation of the Office of
the Court Administrator;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution,
do hereby decree and order the following:
SECTION 1. Creation of the Office of the Court
Administrator. There is hereby created in the Supreme Court of the
Philippines an Office of the Court Administrator to assist the said
Court in the exercise of its power of administrative supervision over
all courts as provided in Section 6, Article X, of the Constitution.
SEC. 2. Officials of the Office of the Court
Administrator. The Chief of the Office of the Court Administrator
shall be known as Court Administrator, who shall have the same rank,
privileges, and compensation as those of the Presiding Justice of the
Court of Appeals. The Court Administrator shall be assisted by three (3)
Deputy Court Administrators, who shall have the same rank, privileges
and compensation as those of Associate Justices of the Court of Appeals.
Qualifications, appointment and tenure.
SEC. 3. Qualifications, appointment and tenure.—The
Court Administrator and the Deputy Court Administrators shall have the
same qualifications as Justices of the Court of Appeals. They shall be
appointed by the Chief Justice and shall serve until they reach the age
of sixty-five (65) years or become incapacitated to discharge the duties
of their office, but may be removed or relieved for just cause by a
vote of not less than eight (8) Justices of the Supreme Court. The Chief
Justice may appoint or detail any member of the Judiciary with the
proper qualifications to the positions of Court Administrator or Deputy
Court Administrator; Provided, that the member of the Judiciary
so appointed, designated or detailed shall not be deemed thereby to have
relinquished his judicial position, nor lose the seniority, precedence,
benefits and other privileges appertaining thereto; and his service in
the Judiciary, to all intents and purposes, shall be considered as
continuous and uninterrupted.
SEC. 4. Oath of Office. The Oath of office of the
Court Administrator and Deputy Court Administrators shall be filed with
the Office of the Clerk of Court of the Supreme Court and shall be
entered upon its records.
SEC. 5. Salaries. The salaries of the Court
Administrator and Deputy Court Administrators shall not be decreased
during their continuance in office. Until otherwise provided by law, the
salary of the Court Administrator shall be P56,400.00 and that of each
Deputy Court Administrator, P52,400.00.
SEC. 6. Powers, Functions and Responsibilities. The
Supreme Court shall determine and define the powers, functions and
responsibilities of the Court Administrator and Deputy Court
Administrators.
SEC. 7. The Chief Justice shall create such offices,
services, divisions and other units in the offices of the Court
Administrator, as he may deem necessary, and for this purpose, the Chief
Justice is authorized to adopt and implement the corresponding staffing
patterns; Provided, however, that the position titles and
salaries of personnel shall be in accordance with the Judiciary Position
Classification and Pay Plans.
SEC. 8. Status of Subordinate Personnel. All
subordinate officials and employees to be appointed under this Decree
shall belong to the classified service and shall be governed by the
Civil Service Law, except those whose positions are highly technical
or primarily confidential.
SEC. 9. The sum of P2,000,000.00 or so much thereof as may
be necessary to carry out the purposes of this Decree is hereby
appropriated for expenditure. The appropriations for the succeeding
fiscal years shall be included in the Annual General Appropriations
Decree.
SEC. 10. All laws, decrees and orders inconsistent with the
provisions of this Decree are hereby repealed and or modified
accordingly.
SEC. 11. This Decree shall take effect immediately.
Done in the City of Manila, this 18th day of November, in the year
of Our Lord, nineteen hundred and seventy-five.
(Sgd.)
FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.)
ALEJANDRO MELCHOR
Executive Secretary
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
