Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

EIGHTHEENTH CONGRESS
First Regular Session

4150
H. B. No.

Introduced by Representative TEODORICO “NONONG” T. HARESCO, JR.

AN ACT
PROVIDING SUPPORT FOR THE SURVIVING SPOUSE AND
LEGAL HEIRS OF SLAIN JUSTICES AND JUDGES, AMENDING
FOR THE PURPOSE REPUBLIC ACT NUMBER 910, AS
AMENDED, ENTITLED “AN ACT TO PROVIDE FOR THE
RETIREMENT OF JUSTICES OF THE SUPREME COURT AND OF
THE COURT OF APPEALS, FOR THE ENFORCEMENT OF THE
PROVISIONS HEREOF BY THE GOVERNMENT SERVICE
INSURANCE SYSTEM, AND TO REPEAL COMMONWEALTH
ACT NUMBERED FIVE HUNDRED AND THIRTY-SIX,”
APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Justices and judges dispense justice equally to all men. They ensure equal
protection of rights of all people with no regard for status or power. Thus, when a
judge is killed, it intimidates the Judiciary and a climate of fear ensues. Nevertheless,
justice continues to be dispensed as these are brave individuals who undertake their
duty without fear or favor.

Since 1999, there have been 29 judges killed. Sometime in October 2018, the
Executive Judge of Ozamiz City Regional Trial Court, Hon. Edmundo Pintac, was shot
dead by motorcycle-riding suspects while on his way home. On June 10, 2004, Judge
Voltaire Rosales of the Regional Trial Court of Tanauan, Batangas was shot dead in
broad daylight by two unidentified gunmen, also riding in a motorcycle, just as the
judge was driving home in Tanauan. The authors of these deaths are somewhere out
there, unidentified, free to roam and execute other murders.

According to Republic Act Number 9946, as amended, when a Justice or Judge
is killed intentionally while in service, the presumption is that the death is work-
related. This bill seeks to support the Judiciary by granting benefits to their surviving


heirs in case they are killed while dispensing justice. This bill will somehow balance
the risk that judges take when they perform their duties and responsibilities as
members of the bench. This will further strengthen the members of the Judiciary to
work without fear and also encourage idealistic lawyers to join the Judiciary.

We owe it to our country and to our people to have the kind of climate not of
fear but of confidence, to be able to ensure that we can prevail as a society that is
democratic, that is equal, and that is pro-people.

The immediate passage of this bill, thus, is earnestly sought.

cS oie ake
VENUE er :
TEODORICO “NONONG” IARESCO, JR.


EIGHTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session

4150
H.B. No.

Introduced by Representative TEODORICO “NONONG” T. HARESCO, JR.

AN ACT
PROVIDING SUPPORT FOR THE SURVIVING SPOUSE AND LEGAL
HEIRS OF SLAIN JUSTICES AND JUDGES, AMENDING FOR THE
PURPOSE REPUBLIC ACT NUMBER 910, AS AMENDED, ENTITLED
“AN ACT TO PROVIDE FOR THE RETIREMENT OF JUSTICES OF THE
SUPREME COURT AND OF THE COURT OF APPEALS, FOR THE
ENFORCEMENT OF THE PROVISIONS HEREOF BY THE
GOVERNMENT SERVICE INSURANCE SYSTEM, AND TO REPEAL
COMMONWEALTH ACT NUMBERED FIVE HUNDRED AND THIRTY-
SIX,” APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

SECTION 1. Section 2 of Republic Act Number 910, as amended, is hereby

further amended to read as follows:

“SEC. 2. In case 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 Regional Trial
Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal
Trial Court, Municipal Circuit Trial Court, Shari’a District Court, Shari’a
Circuit Court, or any other court hereafter established, dies while in actual
service, regardless of his/her age and length of service as required in Section 1
hereof, his/her heirs shall receive a lump sum of five (5) years’ gratuity
computed on the basis of the highest monthly salary plus the highest monthly
aggregate of transportation, representation and other allowances such as
personal economic relief allowance (PERA) and additional compensation
allowance received by him/her as such Justice or Judge: Provided, That, where
the deceased Justice or Judge has rendered at least fifteen (15) years’ service
either in the Judiciary or in any other branch of Government, or both, his/her
heirs shall instead be entitled to a lump sum of ten (10) years gratuity computed
on the same basis as indicated in this provision: Provided, further, That, the lump
sum of ten (10) years gratuity shall be received by the heirs of the Justice or the
Judge who was killed because of his/her work as such: Provided, however, That,
the Justice of Judge has served in Government for at least five (5) years,
regardless of age at the time of death. WHEN A JUSTICE OR JUDGE IS
KILLED BY REASON OF THE PERFORMANCE OF OFFICIAL DUTY, OR
WHEN SUCH JUSTICE OR JUDGE IS KILLED INTENTIONALLY WHILE
IN SERVICE, REGARDLESS OF AGE AT THE TIME OF DEATH OR THE


NUMBER OF YEARS SERVED IN GOVERNMENT OR THE JUDICIARY,
THE SURVIVING SPOUSE AND THE SURVIVING CHILDREN OF THE
SLAIN JUSTICE OR JUDGE SHALL ALSO BE ENTITLED TO RECEIVE
DURING THE RESIDUE OF THEIR NATURAL LIVES ALSO IN THE
MANNER HEREINAFTER PROVIDED, THE SALARY PLUS THE
HIGHEST MONTHLY AGGREGATE OF TRANSPORTATION,
REPRESENTATION AND OTHER ALLOWANCES SUCH AS PERSONAL
ECONOMIC RELIEF ALLOWANCE (PERA) AND ADDITIONAL
COMPENSATION ALLOWANCE WHICH ARE RECEIVED BY AN
ASSOCIATE JUSTICE OF THE SUPREME COURT. When a Justice or Judge
is killed intentionally while in service, the presumption is that the death is
work-related.”

SEC. 2. Section 3 of the same Act, as amended, is hereby further amended to

read as follows:

“SEC. 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
regional trial court, metropolitan trial court, municipal trial court in cities,
municipal trial court, 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 of five (5) years’ gratuity computed on the basis of the
highest monthly salary plus the highest monthly aggregate of transportation,
representation and other allowance such as personal economic relief allowance
(PERA) and additional compensation allowance he/she was receiving on the
date of his/her retirement and thereafter upon survival after the expiration of
five (5) years, to further annuity payable monthly during the residue of his/her
natural life pursuant to Section 1 hereof: Provided, however, That if the reason
for the retirement be any permanent disability contracted during his/her
incumbency in office and prior to the date of retirement, he/she shall receive a
gratuity equivalent to ten (10) years’ salary and the allowances aforementioned:
Provided, further, That should the retirement under Section 1(a) hereof be with
the attendance of any partial permanent disability contracted during his/her
incumbency and prior to the date of retirement, he/she shall receive an
additional gratuity equivalent to two (2) years lump sum that he/she is entitled
to under this Act: Provided, furthermore, That if he/she shall continue to receive
a monthly annuity as computed under this Act during the residue of his/her
natural life pursuant to Section 1 hereof: Provided, [finally] FURTHER, That
those who have retired with the attendance of any partial permanent disability
five (5) years prior to the effectivity of this Act shall be entitled to the same
benefits provided herein: PROVIDED, FINALLY, THAT IF THE RETIRED
JUSTICE OR JUDGE IS KILLED BY REASON OF THE PERFORMANCE OF
OFFICIAL DUTY, THE SURVIVING SPOUSE AND CHILDREN OF THE
SLAIN JUSTICE OR JUDGE SHALL RECEIVE ALL THE BENEFITS
PROVIDED IN THIS SECTION WHEN APPLICABLE, PLUS A GRATUITY
EQUIVALENT TO TEN (10) YEARS SALARY, LUMP SUM, TO BE
COMPUTED BASED ON ALL THE SALARIES AND OTHER BENEFITS OF
AN ASSOCIATE JUSTICE OF THE SUPREME COURT.”

“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.
UPON THE DEATH OF THE SURVIVING SPOUSE, THE BENEFITS SUCH
SPOUSE WAS RECEIVING UNDER THIS SECTION SHALL BE
TRANSFERRED TO THE SURVIVING CHILDREN OF THE SLAIN
JUSTICE OR JUDGE.”

SEC. 3. Section 3-A of the same Act, as amended, is hereby further amended to
read as follows:

“SEC. 3-A. All pension benefits of retired members of the Judiciary OR THEIR
SURVIVING SPOUSES AND CHILDREN shall be automatically increased
whenever there is an increase in the salary of the same position from which
he/she retired. IF THE SURVIVING SPOUSE AND CHILDREN OF A
SLAIN JUSTICE OR JUDGE HAVE NOT RECEIVED THE FULL LUMP
SUM DUE THEM WITHIN ONE (1) YEAR FROM THE DEATH OF THE
JUSTICE OR JUDGE, ANY LUMP SUM STILL TO BE GRANTED TO THE
SURVIVING SPOUSE OR SURVIVING CHILDREN OF THE SLAIN
JUSTICE OR JUDGE SHALL BE COMPUTED BASED ON THE
DIFFERENCE BETWEEN THE AMOUNTS ALREADY RECEIVED AND
THE TEN (10) YEAR LUMP SUM BASED ON CURRENT RATES OF
SALARIES, BENEFITS, ALLOWANCES AND OTHER GRANTS GIVEN
TO AN ASSOCIATE JUSTICE OF THE SUPREME COURT.”

SEC. 4. Section 3-B of the same Act, as amended, is hereby amended to read as
follows:

“SEC. 3-B. The benefits under this Act shall be granted to all those who have
retired OR WERE KILLED BY REASON OF THE PERFORMANE OF
OFFICIAL DUTY prior to the effectivity of this Act: Provided, That the benefits
shall be applicable only to members of the Judiciary OR THEIR SURVIVING
SPOUSES AND CHILDREN: Provided, further, That the benefits to be granted
shall be prospective.”

SEC. 5. In case of doubt, the interpretation of any of the provisions of this Act,
including its implementing rules and regulations, shall be construed liberally in favor
of the surviving spouse and children of the slain Justice of Judge.

SEC. 6. Appropriations. The amount necessary for the implementation of this
Act shall be charged against available appropriations of the Judiciary under the
current General Appropriations Act. Thereafter, such sums as may be necessary for
its continued implementation shall be included in the annual General Appropriations
Act.

SEC. 7. Implementing Rules and Regulations. Within sixty (60) days from the
approval of this Act, the Secretary of Budget and Management, in consultation with
Supreme Court, shall promulgate the necessary rules and regulations for the effective
implementation of this Act.

SEC. 8. Repealing Clause. If any provision or part of this Act is declared invalid
or unconstitutional, the remaining parts or provisions not affected shall remain in full
force and effect.


eI AHkEN=

SEC. 9. Separability Clause. All laws, rules, regulations, orders, circulars and
other issuances or parts thereof, which are inconsistent with the provisions of this Act
are hereby repealed, amended or modified accordingly.

SEC. 10. Effectivity. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation.

Approved,