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FOURTEENTH CONGRESS OF THE REPUBLIC } 
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t .ill. l!i, : 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
S E N A T E  
Introduced by Senator Francis N. Pangilinan 
EXPLANATORYNOTE 
On July 13, 2004, in En Banc Resolution, the Supreme Court granted the request of the Retired 
RTC Judges Association that Republic Act No. 910, as amended, should be amended in order that the 
retired Judges, both first (RTC) and second (MTC) levels should receive the same monthly pension being 
received by the incumbent Judges RTC and MTC. Said Resolution is quoted as follows: 
July 13, 2004 
"A.M. No. 04-5-12-SC. -Re: Request of Retired Judge Doroteo N. CaAeba, RTC, 
Manila, for the Retired Judges Association. - Acting on the letter dated 11 May 2004 of 
retired Judge Doroteo N. CaReba, requesting funding andlor allocation from the Judiciary 
Development Fund (JDF) for the increase in the retirement benefits under Republic Act 
No. 910, as amended, of retired Judges of the Regional Trial Court, the Court Resolved, 
upon the recommendation of the Office of the Chief Attorney, to DIRECT and 
AUTHORIZE the Court Administrator to assist the retired Judges in pursuing the passage 
of an amendatory law to Section 3-A of Republic Act No. 910, as amended by Republic 
Act No. 1797, in order that retired judges of first and second level courts may enjoy an 
automatic increase in pensions upon an increase in salary or compensation of incumbent 
judges." 
Likewise, other forms of assistance, which would not require much application, can supplement the 
financial requirements of judges. If the State recognizes the rationale for providing educational benefits to 
children of barangay officials under the Local Government Code, with equal reason should the State extend 
the same benefits to children of judges of the first and second level courts. 
Grant of educational benefits to the children of judges will immensely alleviate their financial 
predicament, and ultimately lead to judicial reform. 
Consequently, the Supreme Court committed to fund the difference of the prevailing monthly 
pension of retired Judges so that their monthly pension should be at par with the incumbent Judges 
chargeable against the Judiciary Development Fund (JDF) of the Supreme Court. Thereafter, the sum 
necessary for this purpose shall be included in the annual General Appropriations Act. 
Passage of this bill is earnestly sought. 
.-- 


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FOURTEENTH CONGRESS OF THE REPUBLIC } 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
S E N A T E  
Introduced by Senator Francis N. Pangilinan 
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 if 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 further amended to read 
as follows: 
“SEC. 1. When a Justice of the Supreme Court [or ofl 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 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 
18 
TO FREE TUITION FEE IN A STATE UNIVERSITY OR COLLEGE: PROVIDED, THAT 


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SUCH GRANT WILL COVER ONLY ONE (1) BACHELOR’S 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, Agrarian Relations, Tax Appeals, 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, has attained the age of sixty (60) years and has rendered at least 
[twenty] FIFTEEN (15) years service in the Government, the last five (5) years 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 
REASON HEREINABOVE PROVIDED, SHALL BE ENTITLED TO A PRO-RATA 
MONTHLY PENSION COMPUTED AS FOLLOWS: 
NO. OF YEARS IN THE 
GOVERNMENT OR JUDICIARY 
............. 
--.... ........_..... X 
TRANSPORTATION, LIVING AND 
BASIC PAY PLUS THE HIGHEST 
MONTHLY AGGREGATE OF 
15 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 


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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 proceedings to maintain an interest to the Government, national, provincial 
or municipal, or to 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." 
SEC. 2. Section 2 of the same Act is hereby amended to read as follows: 
"SEC. 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 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. 


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IF THE JUSTICE OR THE JUDGE WAS KILLED BECAUSE OF HIS WORK AS 
SUCH, THE LEGITIMATE SURVIVING SPOUSE, AS WELL AS 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, THAT 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 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, to 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.] 
SEC. 3. Section 3 of the same Act is hereby 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 


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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 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 (IO) 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: PROV/D€D, 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. 


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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. 
“SEC. 3-A. ALL PENSION BENEFITS OF RETIRED MEMBERS OF THE 
JUDICIARY SHALL BE AUTOMATICALLY INCREASED WHENEVER THERE IS AN 
INCREASE IN THE SALARY OF THE SAME POSITION FROM WHICH HE RETIRED.” 
“SEC. 3.8. THE BENEFITS UNDER THIS ACT SHALL BE GRANTED TO ALL 
THOSE WHO HAVE RETIRED PRIOR TO THE EFFECTIVITY OF THIS ACT.” 
SEC. 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. 
SEC. 5. All laws, decrees, orders, rules or regulations or parts thereof inconsistent with the 
provisions of this Act are hereby repealed or modified accordingly. 
SEC. 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,