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FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
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L i  .t I 
S.B. NO. 1415 
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” 
Introduced by SENATOR COMPANERA PIA S. CAYETANO 
EXPLANATORY NOTE 
Republic Act No. 8291 or the GSlS Law entitles a GSlS member to 
monthly pension after he/she has rendered at least fifteen (15) years of service 
and is at least sixty (60) years of age at the time of retirement. On the other 
hand, Republic Act No. 910 or the retirement law for members of the Judiciary 
requires a Justice or Judge to render at least twenty (20) years of service in the 
Judiciary or in any other branch of the government before he/she can be entitled 
to monthly pension. 
In line with the GSlS Law, this bill seeks to reduce to fifteen (15) years of 
service in the Judiciary or in any other branch of the Government or in both, the 
eligibility of a Justice or Judge who retires at the compulsory age of seventy (70) 
years, for the basic monthly pension for life to start at the end of the 5-year 
guaranteed period. Five years after retirement, the lump sum received by a 70- 
year old Justice or Judge is already depleted and helshe now needs the basic 
monthly pension for life for hislher support, medical and other needs, as well as 
that of hislher family. At the age of seventy-five (75), a retired Judge or Justice is 
already deteriorating in health and is afflicted with different kinds of disease 
brought about by old age and weakened body resistance. Now in their twilight 
years, these retired Justices and Judges need the additional financial assistance 
and support which the Government can provide them after having devoted the 
best years of their lives to public service, This bill, thus, will benefit the surviving 
retired members of the Judiciary who are only a few in number and who may only 
have a few more years to live. 
The immediate approval of this bill is recommended 


i l  n I I -I 
FOURTEENTH CONGRESS OF THE 
) 
First Regular Session 
) 
REPUBLIC OF THE PHILIPPINES 
) 
7 a,. 
31 
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S E N A T E  
S.B. No. 
- 1415 
Introduced by SENATOR COMPANERA PIA S. CAYETANO 
AN ACT 
GRANTING ADDITIONAL RETIREMENT BENEFITS TO MEMBERS 
OF THE JUDICIARY, AMENDING FOR THE PURPOSE REPUBLIC 
ACT NO. 910, AS AMENDED, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Section 1 of Republic Act No. 910, as amended is hereby 
amended to read as follows: 
“SECTION 1. When a Justice of the Supreme Court, [or of 
the Court of Appeals, THE SANDIGANBAYAN OR OF THE 
COURT OF TAX APPEALS, OR a Judge of the [Court of First 
Instance] REGIONAL TRIAL COURT, [Industrial Relations], 
[Juvenile and Domestic Relations] METROPOLITAN TRIAL 
COURT, MUNICIPAL TRIAL COURT, [or a city or municipal judge] 
MUNICIPAL CIRCUIT TRIAL COURT, SHARI’A DISTRICT 
COURT, SHARI’A CIRCUIT COURT, OR ANY OTHER COURT 
HEREAFTER ESTABLISHED who has rendered at least [twenty 
(20)] FIFTEEN (15) years service in the Judiciary or in any other 
branch of the Government, or in both (a) retires for having attained 
the age of seventy years or (b) resigns by reason of his incapacity 
to discharge the duties of his office AS CERTIFIED BY THE 
SUPREME COURT, he shall receive during the residue of his 
natural life, in the manner hereinafter provided, the salary PLUS 
THE HIGHEST MONTHLY AGGREGATE OF TRANSPORTATION, 
LIVING AND REPRESENTATION ALLOWANCES which he was 
receiving at the time of his retirement, or resignation, AND NON- 
WAGE BENEFIT IN THE FORM OF EDUCATION SCHOLARSHIP 
TO ONE (1) LEGITIMATE CHILD OF ALL JUSTICES AND 
JUDGES TO FREE TUITION FEE IN A STATE UNIVERSITY OR 
COLLEGE, PROVIDED THAT SUCH GRANT WILL COVER ONLY 
ONE (1) BACHELORS DEGREE. [And] When a justice of the 
Supreme Court or of the Court of Appeals, THE SANDIGANBAYAN 
OR OF THE COURT OF TAX APPEALS, OR a Judge of the [Court 
of First Instance] REGIONAL TRIAL COURT, [Industrial Relations], 
[Juvenile and Domestic Relations] METROPOLITAN TRIAL 
COURT, MUNICIPAL TRIAL COURT, [or a city or municipal judge] 
MUNICIPAL CIRCUIT TRIAL COURT, SHARI’A DISTRICT 
COURT, SHARI’A CIRCUIT COURT, OR ANY OTHER COURT 
HEREAFTER ESTABLISHED, [or a city or municipal judge] has 
1 


attained the age of sixty years (60) and has rendered at least 
FIFTEEN [twenty] years service in the Government, the last five (5) 
of which shall have been continuously rendered in the Judiciary, he 
shall likewise be entitled to retire and receive during the residue of 
his natural life also in the manner hereinafter provided, the salary 
PLUS 
THE 
HIGHEST 
MONTHLY 
AGGREGATE 
OF 
TRANSPORTATION, 
LIVING 
AND 
REPRESENTATION 
ALLOWANCES WHICH he was then receiving AND THE NON- 
WAGE BENEFIT IN THE FORM OF EDUCATION SCHOLARSHIP 
TO ONE (1) LEGITIMATE CHILD OF ALL JUSTICES AND 
JUDGES TO FREE TUITION FEE IN A STATE UNIVERSITY OR 
COLLEGE. PROVIDED, HOWEVER, THAT ANY JUSTICE OR 
JUDGE WITH LESS THAN FIFTEEN (15) YEARS SERVICE IN 
THE GOVERNMENT OR JUDICIARY, WHO SHALL RETIRE DUE 
TO 
REASONS 
HEREINABOVE 
PROVIDED, 
SHALL 
BE 
AS FOLLOWS: 
ENTITLED TO A PRO-RATA MONTHLY PENSION COMPUTED 
NO. OF YEARS IN THE 
BASIC PAY PLUS THE 
GOVERNMENT OR 
HIGHEST MONTHLY 
JUD IC1 ARY 
X 
AGGREGATE OF 
TRANSPORATION. LIVING AND 
1 5 YEARS 
REPRESENTATION 
ALLOWANCES 
It is a condition of the pension provided for herein that no retiring 
Justice or Judge of THE AFOREMENTIONED COURTS during the 
time that he is receiving said pension shall appear as counsel 
before any court in any civil case wherein the Government or any 
subdivision or instrumentality thereof is the adverse party, or in any 
criminal case wherein an INCUMBENT OR FORMER officer or 
employee of the Government is accused of an offense committed in 
relation to his office, or collect any fee for his appearance in any 
administrative 
proceeding to maintain an interest to the 
Government, national, provincial or municipal, or fo any of its legally 
constituted officers. It is also a condition of the pension provided for 
herein that when a member of the Judiciary entitled to the benefits 
of this Act shall assume an elective public office, [he] shall not, 
upon assumption of office and during his term, receive the monthly 
pension OR ANY OF THE ALLOWANCES due him. 
SECTION. 2. Section 2 of the same Republic Act is hereby amended to 
read as follows: 
"SECTION 2. In case a Justice of the Supreme Court or 
Court of Appeals, THE SANDIGANBAYAN OR OF THE COURT 
OF TAX APPEALS, OR a Judge of the [Court of First Instance] 
REGIONAL TRIAL COURT, [Industrial Relations], [Juvenile and 
Domestic 
Relations] 
METROPOLITAN 
TRIAL 
COURT, 
MUNICIPAL TRIAL COURT, [or a city or municipal judge] 
MUNICIPAL CIRCUIT TRIAL COURT, SHARI'A 
DISTRICT 
COURT, SHARI'A CIRCUIT COURT, OR ANY OTHER COURT 
HEREAFTER ESTABLISHED, dies while in actual service, his heirs 
shall receive a lump sum of five years' gratuity computed on the 
basis of the highest monthly salary plus the highest monthly 
aggregate of transportation, living and representation allowances 
received by him as such justice or judge [if by reason of his length 
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of service in the government he was already entitled to the benefits 
of this Act] WITHOUT THE LENGTH OF SERVICE REQUIRED IN 
SECTION ONE HEREOF, PROVIDED, HOWEVER, WHERE THE 
DECEASED JUSTICE OR JUDGE HAS RENDERED AT LEAST 
FIFTEEN YEARS EITHER IN THE JUDICIARY OR IN ANY 
OTHER BRANCH OF GOVERNMENT OR BOTH, HIS HEIRS 
SHALL INSTEAD BE ENTITLED TO A LUMP SUM OF TEN 
YEARS GRATUITY COMPUTED ON THE SAME BASIS AS 
INDICATED IN THIS PROVISION. IF THE JUSTICE OR THE 
JUDGE WAS KILLED BECAUSE OF HIS WORK AS SUCH, THE 
LEGITIMATE AND ADOPTED CHILDREN BELOW EIGHTEEN 
(18) YEARS OF AGE SHALL RECEIVE IN EQUAL SHARES ALL 
RETIREMENT BENEFITS OF THE DECEASED JUDGE OR 
JUSTICE AS IF SUCH JUDGE OR JUSTICE HAS REACHED 
COMPULSORY RETIREMENT AGE, PROVIDED THE JUDGE OR 
JUSTICE HAS SERVED IN GOVERNMENT FOR AT LEAST FIVE 
(5) YEARS REGARDLESS OF AGE AT THE TIME OF DEATH. 
WHEN A JUDGE OR JUSTICE IS KILLED INTENTIONALLY 
WHILE IN SERVICE, THE PRESUMPTION IS THAT THE DEATH 
LEGITIMATE SURVIVING SPOUSE, AS 
WELL AS 
TI-IE 
IS WORK RELATED. UPON REACHING THE AGE OF TWENTY- 
ONE (21), PREVIOUSLY ENTITLED CHILDREN-BENEFICIARIES 
SHALL 
CEASE 
TO 
RECEIVE THEIR 
PART 
OF 
THE 
RETIREMENT BENEFIT, WHICH SHARE SHALL REDOUND TO 
THE SURVIVING SPOUSE. THE SURVIVING SPOUSE SHALL 
CONTINUE TO RECEIVE SUCH RETIREMENT BENEFITS FOR 
THE REST OF HER NATURAL LIFE OR UNTIL REMARRIAGE.” 
[The same benefits provided for in this section shall be extended ‘to 
any incumbent justice of the Supreme Court or the Court of 
Appeals, or judge of the Court of First Instance, Circuit Criminal 
Court, Agrarian Relations, Tax Appeals, Juvenile and Domestic 
Relations, or city or municipal court, or any other court hereafter 
established; as the case may be, who, without having attained the 
length of service required in Section 1 hereof, shall have to retire 
upon reaching the age of sixty five years,, or upon other cause, 
such as illness or permanent physical disability, lo be certified by 
the tribunal to which the justice concerned belongs, or by the 
Supreme Court in the case of an incumbent judge of the Court of 
First Instance, and other similar courts or records, or a city or 
municipal judge, which render him incapacitated to continue in his 
position.] 
SECTION 3. Section 3 of the same Act is hereby amended to read as 
“SECTION 3. Upon Retirement, a Justice of the Supreme 
Court or of the Court of Appeals, THE SANDIGANBAYAN OR OF 
THE COURT OF TAX APPEALS, OR a Judge of the [Court of First 
Instance] REGIONAL TRIAL COURT, [Industrial Relations], 
[Juvenile and Domestic Relations] METROPOLITAN TRIAL 
COURT, MUNICIPAL TRIAL COURT, [or a city or municipal judge] 
MUNICIPAL CIRCUIT TRIAL COURT, SHARI’A DISTRICT 
COURT, SHARI’A CIRCUIT COURT, OR ANY OTHER COURT 
HEREAFTER ESTABLISHED shall be automatically entitled to a 
lump sum payment of five years SALARY [gratuity] computed on 
the basis of the highest monthly salary plus the highest monthly 
aggregate of transportation, living and representation allowances 
he was receiving on the date of his retirement[.] AND 
follows: 
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THEREAFTER UPON SURVIVAL AFTER THE EXPIRATION OF 
FIVE YEARS, TO FURTHER ANNUITY PAYABLE MONTHLY 
DURING THE RESIDUE OF HIS NATURAL LIFE PURSUANT TO 
SECTION 1 HEREOF: Provided, however, That if the reason for 
the retirement be any permanent disability contracted during his 
incumbency in office and prior to the date of his retirement, he shall 
receive [only] a gratuity equivalent to ten years salary and THE 
allowances aforementioned [within further annuity payable monthly 
during the rest of the retiree’s natural life.]: PROVIDED, FURTHER, 
THAT SHOULD THE RETIREMENT BE WITH THE ATTENDANCE 
OF ANY PARTIAL PERMANENT DISABILITY CONTRACTED 
DURING HIS INCUMBENCY AND PRIOR TO THE DATE OF 
RETIREMENT, HE SHALL RECEIVE AN ADDITIONAL GRATUITY 
EQUIVALENT TO TWO (2) YEARS LUMP SUM THAT HE IS 
ENTITLED TO UNDER THIS ACT: PROVIDED, FURTHER, THAT 
IF THE JUSTICE SURVIVES AFTER TEN ( I O )  YEARS OR SEVEN 
(7) YEARS, AS THE CASE MAY BE, HE SHALL CONTINUE TO 
RECEIVE A MONTHLY ANNUITY AS COMPUTED UNDER THIS 
ACT DURING THE RESIDUE OF HIS NATURAL LIFE PURSUANT 
TO SECTION 1 HEREOF: PROVIDED, FINALLY; THAT THOSE 
WHO HAVE RETIRED WITH THE ATTENDANCE OF ANY 
PARTIAL PERMANENT DISABILITY FIVE YEARS PRIOR TO THE 
EFFECTIVITY OF THIS ACT SHALL BE ENTITLED TO THE 
SAME BENEFITS PROVIDED HEREIN. UPON THE DEATH OF A 
JUSTICE OR JUDGE OF ANY COURT IN THE JUDICIARY, IF 
SUCH JUSTICE OR JUDGE HAS RETIRED, OR WAS ELIGIBLE 
TO RETIRE OPTIONALLY AT THE TIME OF DEATH, THE 
SURVIVING LEGITIMATE SPOUSE SHALL BE ENTITLED TO 
RECEIVE ALL THE RETIREMENT BENEFITS THAT THE 
DECEASED JUSTICE OR JUDGE WOULD HAVE RECEIVED 
HAD THE JUSTICE OR JUDGE NOT DIED. THE SURVIVING 
SPOUSE SHALL CONTINUE TO RECEIVE SUCH RETIREMENT 
BENEFITS UNTIL THE SURVIVING SPOUSE’S DEATH OR 
REMARRIAGE. 
“SECTION 3-A. ALL PENSION BENEFITS OF RETIRED 
MEMBERS OF THE JUDICIARY SHALL BE AUTOMATICALLY 
INCREASED WHENEVER THERE IS AN TNCREASE IN THE 
SALARY OF THE SAME POSITION FROM WHICH HE RETIRED. 
“SECTION 3-B. THE BENEFITS UNDER THIS ACT SHALL 
BE GRANTED TO ALL THOSE WHO HAVE RETIRED PRIOR TO 
THE EFFECTIVITY OF THIS ACT. 
SECTION 4. During the fiscal year two thousand and seven, this Act shall 
be funded from savings of the Judiciary. Thereafter, the necessary ‘sum for this 
purpose shall be included in the annual General Appropriations Act. 
SECTION 5. All laws, decrees, orders, rules or regulations or parts thereof 
inconsistent with the provisions of this Act are hereby repealed or modified 
accordingly. 
SECTION 6. This Act shall take effect fifteen (15) days following the 
completion of its publication in the Official Gazette or in any two (2) newspapers 
of general circulation. 
Approved, 
4