Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15™ CONGRESS
First Regular Session

nous BILLNo.__29'72

Introduced by REP. SALVADOR H. ESCUDERO IIT ‘s

EXPLANATORY NOTE

Republic Act No. 9227 grants “additional compensation in the form of special
allowances for justices, judges and all other positions in the judiciary with the equivalent rank
of justices of the Court of Appeals and judges of the Regional Trial Court.” Such special
allowances are intended to be part of the basic salary of the justices, judges and all other
positions in the judiciary of equivalent rank.

‘Since the special allowances received by incumbent justices under R.A. No. 9227 are,
to all intents and purposes, part of # increased basic salary, such increase becomes. the
basis of their retirement pension at the time of their cessation in office. Section 3-A of
Republic Act No. 910 as amended (commonly referred to as the “Retirement Law for the
Judiciary”), explicitly states that whenever the salary of an incumbent justice of the Supreme
Court or Court of Appeals is increased, such increased salary shall be deemed to be the salary
or retirement pension which a justice who retired was receiving at the time of his cessation in
office.

Those surviving justices, judges and all court officials who, while in the service, held
positions in the judiciary of equivalent rank to that of justices of the Court of Appeals and
Judges of the Regional Trial Court and who have retired prior to November 11, 2003 (the date
of effectivity of R.A. No. 9227) should be extended similar financial benefits. For this
purpose, there should be a readjustment of their retirement benefits to include the amounts
corresponding to the special allowances received by incumbent justices, judges and court
officials holding positions equivalent to the ranks of justice of the Court of Appeals and judge
of the Regional Trial Court as long as they are qualified to receive monthly pensions under
R.A. No. 910.

The appropriate legislation should be enacted granting special allowance to those who
‘have retired prior to November 11, 2003, the date of the effectivity of R.A. No. 9227 by
upgrading their retirement gratuities. .

The foregoing considered, immediate approval of this bill is highly sought.

halve F
SALVADOR H. ESCUDERO HI
Representative
1 District, Sorsogon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15™ CONGRESS
First Regular Session

2972

HOUSE BILL NO.

Introduced by REP. SALVADOR H. ESCUDERO III

AN ACT
AMENDING SECTIONS 2 AND 5 OF REPUBLIC ACT NO. 9227, OTHERWISE.
KNOWN AS AN ACT GRANTING ADDITIONAL COMPENSATION IN THE
FORM OF SPECIAL ALLOWANCES FOR JUSTICES, JUDGES AND ALL OTHER
POSITIONS IN THE JUDICIARY WITH THE EQUIVALENT RANK OF JUSTICES
OF THE COURT OF APPEALS AND JUDGES OF THE REGIONAL TRIAL,
couRT .

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

SECTION 1. Section 2 of Republic Act. No. 9227 is hereby amended to read,
as follows:

“Sec. 2. Grant of Special Allowances. — All justices, judges
and all other positions in the Judiciary with the equivalent rank of
justices of the Court of Appeals and judges of the Regional Trial
Court as authorized under existing laws shall be granted special
allowances equivalent to one hundred percent (100%) of the basic
monthly salary specified for their respective salary grades under
Republic Act No. 6758, as amended, otherwise known as the Salary
Standardization Law, to be implemented for a period of four (4)
years.

‘The grant of special allowances shall be implemented uniformly in
such sums or amounts equivalent to twenty-five percent (25%) of
the basic salaries of the positions covered hereof, Subsequent
implementation shall be in such sums and amounts and up to the
extent only that can be supported by the funding source specified in
Sec. 3 hereof.

PROVIDED, HOWEVER, THAT ALL JUDGES OF THE
MUNICIPAL OR CITY AND REGIONAL TRIAL COURTS
ASSIGNED TO AND ACTUALLY HOLDING COURT
SESSIONS ON A _ PERMANENT BASIS IN ANY
MUNICIPALITY, CITY OR IN SUCH PROVINCES AS SULU
AND OTHER EQUALLY HAZARDOUS AREAS SHALL
RECEIVE SALARIES, EMOLUMENTS, PERKS AND
ALLOWANCES DOUBLE THOSE RECEIVED BY JUDGES OF



THE SAME LEVEL WHO ARE ASSIGNED ELSEWHERE IN
THE COUNTRY.

IN ADDITION, THE SAID JUDGES SHALL BE
PROVIDED SECURITY DETAILS OF NOT LESS THAN FIVE
OR MORE THAN SEVEN POLICE OFFICERS OR
ELEMENTS OF THE ARMED FORCES. THE COSTS OF
MAINTAINING THE SECURITY DETAIL
AFOREMENTIONED SHALL BE SHARED IN EQUAL
AMOUNTS BY AND SHALL BE TAKEN FROM E
BUDGETS OF THE JUDICIAL DEPARTMENT AND THE
PROVINCE CONCERNED IN THE CASE OF THE REGIONAL
TRIAL COURTS.

THE COSTS OF MAINTAINNG THE SECURITY
DETAIL IN THE OTHER LOCAL GOVERNMENT UNITS
MENTIONED ABOVE SHALL BE SHARED IN EQUAL,
AMOUNTS BY AND SHALL BE TAKEN FROM THE
BUDGETS OF THE JUDICIAL DEPARTMENT AND THE
LOCAL GOVERNMENT UNITS CONCERNED.

THE SHARES OF THE PROVINCES, THE CITIES OR
THE MUNICIPALITIES —_ CONCERN! SHALL BE
AUTOMATICALLY DEDUCTED FROM THEIR INTERNAL
REVENUE SHARES AT THE START OF EVERY FISCAL
YEAR.

IN THE EVENT THAT JUDGES SO ASSIGNED AS
DESCRIBED ABOVE ARE KILLED IN THE LINE OF DUTY,
THEIR HEIRS SHALL RECEIVE DOUBLE THE BENEFITS
THAT THE HEIRS OF JUDGES ASSIGNED ELSEWHERE IN
THE COUNTRY WHO DIE IN THE LINE OF DUTY ARE
ENTITLED TO.

JUDGES SO ASSIGNED MAY NOT BE TEMPORARILY
DETAILED OR PERMANENTLY — TRANSFERRED
ELSEWHERE WITHOUT THE CONSENT OF THE JUDGES
AND THE LOCAL GOVERNMENT UNITS CONCERNED.

IN THE EVENT THAT THEY ARE TEMPORARILY
DETAILED OR PERMANENTLY — TRANSFERRED
ELSEWHERE WITH THEIR CONSENT AND THAT OF THE
LOCAL GOVERNMENT UNITS CONCERNED, THEY SHALL
NO LONGER RECEIVE THE ENTITLEMENTS PROVIDED
FOR IN THIS ACT.

THE ADDITIONAL SALARIES, EMOLUMENTS,
PERKS AND BENEFITS SPECIFIED IN THIS ACT SHALL
CONTINUE TO BE GRANTED TO THE JUDGES
CONCERNED UNTIL THE SECURITY SITUATION IN TH
PLACES OF THEIR ASSIGNMENTS SHALL HAVE
STABILIZED AS CERTIFIED TO BY THE COURT
ADMINISTRATOR AND THE SECRETARY OF THE



DEPARTMENT OF INTERIOR =AND LOCAL
GOVERNMENTS.”

SEC. 2. Section 5 of Republic Act. No. 9227 is hereby amended to read, as follows:

"Sec. 5. Inclusion in the Computation of Retirement
Benefits. — For purposes of retirement, only the allowances

Se actually received and the tranche or tranches of the special
allowance already implemented and received pursuant to this Act
by the justices, judges and all other positions in the Judiciary with
the equivalent rank of justices of the Court of Appeals and judges
of the Regional Trial Court as authorized under existing laws
shall, at the date of their retirement, be included in the
computation of their respective retirement benefits.

THIS PROVISION SHALL LIKEWISE BE EXTENDED
TO SURVIVING JUSTICES, JUDGES AND ALL OTHER
COURT OFFICIALS WITH THE EQUIVALENT RANKS OF
JUSTICE OF THE COURT OF APPEALS AND JUDGE OF
THE REGIONAL TRIAL COURT WHO RETIRED PRIOR TO
NOVEMBER 11, 2003, THE DATE OF THE EFFECTIVITY OF
THIS ACT."

SEC. 3. Repealing Clause. - All laws, decrees, executive orders, proclamations, rules
and regulations, or parts thereof inconsistent herewith are hereby repealed or modified
accordingly.

SEC. 4. Effectivity Clause. -This Act shall take effect fificen (15) days after its
publication in the Official Gazette or in any two (2) newspapers of general circulation.

Approved,