FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 1678

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 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.

RUFUS B. acdeuez

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES.

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

1678

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 assembled:

SECTION 1. 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, and 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 IS 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 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 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,