Ke i
&
 RECENED,

EIGHTEENTH CONGRESS ) re: __ ET ey
REPUBLIC OF THE PHILIPPINES ) o: — Fos
First Regular Session ) a cS
HOUSE OF REPRESENTATIVES vex
introduced by Representative Rufus B. Rodriguez
2760

House Bill No.
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 resignations” 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 concemed 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 goverment 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

RuFis &. ROD! EZ


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

~_ introduced by Representative ae B. Rodriquez
aor 0

House Bill No.

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 Representatives of the Philippines in
Congress assembied.

SECTION 4. Declaration of Policy. - It is hereby declared policy of the State to extend
and grant full vindication to those members of the Judiciary whose security of tenure, right to
due process, end 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 to read as follows:

Section 42. Longevity Pay - A month longevity pay equivalent to 5%
of the monthly basic pay shall be paid to the Justices or judges 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 1S ADDED, EXCEED THE SALARY OF
THE JUSTICE OR JUDGE EQUAL IN RANK; AND PROVIDED FURTHER,
THAT THE JUSTICE AND JUDGE WHOSE COURTESY RESIGNATIONS"
WERE ACCEPTED DURING THE 1987 JUDICIARY RE-ORGANIZATION
AND WHO WHERE 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 RATING

SEC. 3. Such sums as may be necessery to carry out the amendatory provision of this Act
including the longevity pay differentials of ali 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
regulations 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 or provision of this Act is declared
invalid or unconstitutional, the remaining parts or provisions not affected thereby shall
remain in full force and effect.
SEC. 6. Effectivity. This Act shall take upon its approval

Approved