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Senate Bill No. 379 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
When those who are called upon to administer justice are themselves 
denied of their right to due process of law, security of tenure and the equal 
protection of the law, something must be done in order to redress their 
grievances. Otherwise, dissension will arise among the ranks of those who are 
considered as sentinels of truth and justice. 
When Batas Pambansa Bilang 129 was being drafted, it envisioned 
changes that will redound to the benefit, improvement and interest of the 
Judiciary. Those who drafted it did not anticipate the situations wherein the cause 
of the gap in the judicial service can not be attributed to the justice or judge. it is 
to be noted that when “courtesy resignation” were made in the light of the 
Judiciary Re-Organization implemented on February 1, 1981, the same were 
made out of respect only. It does not necessarily reflect the true sentiments of 
the concerned judges. 
Having practically spent the best years of their lives in the service of the 
country, they do not deserve such unjust treatment by the government they have 
so faithfully served. There is therefore a need to rectify through legislation the 
wrong inflicted upon the members of the bench affected by such provision. 
This bill seeks to cure the inequity brought about by Section 42 of Batas 
Pambansa Bilang 129, particularly on the term, “continuous” as the same did not 
anticipate certain situations wherein the gap in service is due to unforeseen and 
fortuitous events not attributable to the judge or justice. 
In view of the foregoing, the immediate passage of this bill is earnestly 
requested. 
Senator 


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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
AMENDING SECTION 42 OF BATAS PAMBANSA BILANG 129, AS 
AMENDED, OTHERWISE KNOWN AS THE JUDICIARY REORGANIZATION 
ACT OF 1981, EXEMPTING AFFECTED MEMBERS OF THE JUDICIARY AS 
MAY HEREIN BE QUALIFIED FROM THE CONTINUOUS SERVICE 
REQUIREMENT 
Be in enacted by the Senate and the House of Representative of the Philippines 
in Congress assembled: 
SECTION 1. Declaration of Policy. - It is hereby declared to be the 
policy of the State to extend and grant full vindication to those members of the 
Judiciary whose security of tenure, right to due process, and to equal protection 
of the law were unjustly violated during the re-organization of the Judiciary as 
implemented on February 1, 1981. 
SEC. 2. To implement this declared policy, Section 42 of Batas Pambansa 
Bilang 129 is amended as follows as follows: 
Section 42. Longevity Pay - A month longevity pay 
equivalent to 5% of the monthly basic pay shall be paid to the 
Justices of judge of the Courts herein created for each five years 
of continuous, efficient and meritorious service rendered in the 
Judiciary; PROVIDED THAT IN NO CASE SHALL THE TOTAL 
SALARY OF EACH JUSTICE OR JUDGE CONCERNED, AFTER 
THIS LONGEVITY PAY IS ADDED, EXCEED THE SALARY OF 
THE JUSTICE OF JUDGE IN RANK; AND PROVIDED 
FURTHER, THAT THE JUSTICE AND 
JUDGE WHOSE 
COURTESY RESIGNATION" WERE ACCEPTED DURING THE 
THEREAFTER REINSTATED AND APPLIED FOR THE MONEY 
VALUE OF THEIR ACCRUED VACATION AND SICK LEAVES 
SHALL BE CONSIDERED IN CONTINUOUS SERVICE AND 
THERE SHALL BE NO REDUCTION OF THEIR LONGEVITY 
PAY RAT1 NG. 
1987 JUDICIARY RE-ORGANIZATION AND WHO WHERE 


SEC. 3. Such sums as may be necessary to carry out the amendatory 
provision of this Act, including the longevity pay differentials of all those Justices 
and Judges entitled to the benefits of this Act are hereby appropriated out of any 
funds in the National Treasury not otherwise appropriated. 
SEC. 4. Repealing Clause. All laws, presidential decrees, executive 
orders, rules and regulation contrary to or inconsistent with the provision of this 
Act, are hereby repealed, or modified accordingly. 
SEC. 5. Separability Clause. If for any reason, any part of provision of 
this Act is declared invalid or unconstitutional, the remaining parts or provision 
not affected thereby shall remain full force and reflect. 
SEC. 6. Effectivity. This Act shall take upon its approval. 
Approved,