The Department of Budget and Management (DBM) has issued the guidelines for processing and disbursing of payments to claims for reimbursement from the government’s Legal Defense Fund (LDF).
The money appropriated for the LDF for 2016 is P200 million, and government officials and employees, including police officers accused of extrajudicial killings, may claim reimbursement or financial assistance from the said fund to help them in litigation expenses for cases filed against them as a result of their performance of duties.
Budget Secretary Benjamin E. Diokno said in his National Budget Circular 566 that the LDF, which will be under the Miscellaneous Personnel Benefits Fund (MPBF) shall be used for actual expenses, including payment of premiums for posting of bail bonds and cash advance for expenses incurred by government personnel in relation to the defense of administrative, civil or criminal cases filed against them in court for acts committed in the performance of their actual functions.
Under the new guidelines, each line department shall establish a claims board composed of five or seven members, which shall determine the eligibility of claimants and their claimed expenses to be charged against the LDF.
Any favorable decision by the claims board shall be final and executory, but a denied claim shall be appealable to the Office of the President, which, as a matter of policy, had been very accommodating to the requests of the police and military, as shown by the increases in their salaries, improved equipment and the reported cash gifts to be given for Christmas from President Duterte himself.
In his previous speeches, Duterte had been extolling the police and the military for carrying out his campaign against illegal drugs, and vowed that no police or military officer shall go to jail during his term for doing his duty.
The LDF, which the DBM shall set aside for the legal expenses of government officials and employees, provides even for the reimbursement or cash advance for the acceptance fee of a private counsel up to a maximum of P50,000, fees for preparation of pleadings and other papers of up to P20,000 per case and appearance fee of P5,000 per hearing.
The requirements for filing a claim against the LDF are: that the claimant is an incumbent, separated or retired government employee with a plantilla position; the case arose from his performance of responsibilities and functions; the case must be filed before any court or those under the supervision of the Supreme Court; and the claim for reimbursement or cash advance is filed with the agency where the claimant performed the responsibilities and functions subject of the case.