THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
S E N A T E -  
S. B. No. L
_
y
 
Introduced by Senator Pangilinan 
EXPLANATORY NOTE 
The changes introduced in this bill update the conceptual framework of 
Republic Act No. 910 as amended, providing for the retirement of justices and 
all judges in the judiciary. Also, this bill focuses in strengthening the judiciary 
by encouraging professional longevity and discouraging early or optional 
retirement in the bench. 
Alexander Hamilton once said that next to permanency in office, nothing 
can contribute more to the independence of judges than a fixed provision for 
their support. 
While this observation i s  true since power over a man’s 
subsistence amounts to power over his will, the guaranty of impartiality within 
the judiciary does not end there. Beyond simply providing for sustenance, the 
pressing need to engineer budgetary support for judges and justices has as 
much, if not more, significance. Careful optimization of incentives achieves 
with greater degree of success the goals of professionalism and efficiency in 
the dispensation of justice. 
One of the mechanisms for this purpose is the amended of the 
established rules under Republic Act. No. 910, as amended for the grant of 
lump sum gratuity for retiring magistrates. As proposed in this bill, judges and 
justice who retire at seventy (70) years with thirty (30) years in government 
service, the last twenty (20) years of which were rendered I the judiciary, shall 
receive a lump sum of ten years 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, in 
addition to the pension allowances already mandated by law. Furthermore, 
the bill also seek to add that a justice or judge who dies in actual service but 
has rendered twenty (20) years of government service shall similarly be 
entitled to the ten-year gratuity to place the deceased justice or judge on the 
same fair and just footing as one who has been permanently disabled. 
Republic Act No. 910, as amended, perceives that professional Longevity 
in the bench i s  a factor of both length of government service and age. 
However, the retirement law unfortunately and unwisely neglects to graduate 
incentives, particularly the grant of lump sum gratuity, to entice justices and 
judges to retire at the compulsory age of seventy (70) years. Accordingly, a 
magistrates who reaches sixty (60) years and had twenty (20) years of 
government service, the last five (5) years of which were served in the 
Judiciary, retires with as much benefits as a justice who i s  compulsory retired 
at the age of seventy (70) years and had an equal number of years of 
government service. Both would receive a five-year lump sum gratuity 
computed on the basis of highest monthly aggregate of transportation, living 


and representation allowances and a lifetime pension to accrue after the fifth 
year determined on the same basis as the gratuity. 
The results of this poor management of rewards are clear. The younger 
judge at the sixty (60) years would opt to collect his retirement benefits now 
rather than doing it ten (IO) years later which he reaches seventy (70) since he 
could gain more productive use of his retirement benefits than he would if he 
were to let the resources remain idle and useless. The judge can invest his 
money elsewhere and certainly earn more for his own need and pleasure. 
To be sure, novelty does not bring about efficiency in the bench. A new 
recruit would take tie to learn the ropes of judgeship, thus making for more 
opportunities for the counsel of litigants to disagree with court rulings and to 
resort to the appeal process. Delay in the fair and judicious resolution of 
disputes ensues as a sad consequence. In contrast, a veteran judge would 
command more respect brought about by knowledge gained from practice and 
mandatory continuing legal education. Distinguished from the uninitiated one, 
he is understandably more adept at examining evidence and looking through 
the demeanor of witnesses as he is more than prepared to meet and cut short 
the cunning strategies of lawyers. Clearly, the judicial process stands to gain 
more from the experience and savvy of trained judges, than the bookishness of 
new ones. 
This bill is sound match for the other packages for judicial reform 
towards building a higher level of professionalism and efficiency among justices 
and judges. It entails a small amount to pay the public coffers but offers a 
wide opportunity for recruiting lawyers for early training and holding on to 
veteran magistrates, all in the interest of a better dispensation of justice. 
Fro the above reasons, immediate passage of this bill i s  earnestly sought. 


THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
!!I! 
-7 P 1 35 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
E-  IS. 
> 
, 
I v i-, i i BY : 
', 
I 
S E N A T E  
S. 6. No. ___ 
Introduced by Senator Pangilinan 
AN ACT TO AMEND SECTIONS ONE, TWO, THREE-A OF REPUBLIC ACT NO. 910 
PROVIDING FOR THE RETIREMENT OF JUSTICES AND JUDGES IN THE 
JUDICIARY AS AMENDED TO APPROPRIATE FUNDS FOR THIS PURPOSE 
Be enacted by the Senate and the House of Representatives of the Philippines 
in the Congress assembled; 
SECTION 1. Section One, Two, Three-A of RA No. 910, as amended are hereby 
further amended to read as follows: 
"SEC. 1. WHEN A JUSITCE OF THE SUPREME COURT OR THE COURT 
OF APPEALS OR THE SANDIGANBAYAN, OR A JUDGE OF COURT OF TAX 
APPEALS, THE REGIONAL TRIAL COURT, THE METROPOLITAN TRIAL 
COURTS AND THE MUNICIPAL CIRCUIT TRIAL COURTS, OR ANY OTHER 
COURTS HEREAFTER ESTABLISHED WHO HAS RENEDERED AT LEAST 
TWENTY YEARS OF SERVICES IN THE JUDICIARY OR IN ANY OTHER 
BRANCH OF THE GOVERNMENT, OR IN BOTH, RETIRES FOR HAVING 
ATAINED THE AGE OF SEVENTY YEARS, HE SHALL RECEIVE DURING THE 
RESIDUE OF HIS NATURAL LIFE THE HIGHEST MONTHLY SALARY PLUS THE 
HIGHEST MONTHLY AGGREGATE OF TRANSPORTATION, LIVING AND 
REPRESENTATION ALLOWANCES HE WAS RECEIVING AT THE TIME OF HIS 
RETIREMENT. THE SAME BENEFITS PROVIDED IN THE SECTION SHALL BE 
EXTENDED TO A JUDGES OF THE SUPREME COURT OR THE COURT OF 
APPEALS OR THE SANDIGANBAYAN, OR A JUDGE OF CURT OF TAX 
APPEALS, THE REGIONAL TRIAL COURT AND THE MUNICIPAL ClRClUT 
TRIAL COURTS, OR ANY OTHER COURTS HEREAFTER ESTABLISHED, WHO 
HAS ATTAINED THE AGE OF SIXTY YEARS AND HAS RENDERED AT LEAST 
TWENTY YEARS OF SERVICE IN THE GOVERNMENT, THE LAST FIVE OF 
WHICH SHAL HAVE BEEN CONTINUOUSLY RENDERED IN THE JUDICIARY, 
AT THE RATE HE WASTHEN RECEIVING, PROVIDED IN CASSE THE AMOUNT 
OF SALARY AND/OR THE OTHER AFOREMENTIONED EMOLUMENTS IS 
INCREASED, SUCH INCREASED RATES SHALL BE THE BASIS FOR 
COMPUITNG THE PENSION. IT IS A CONDITION OF THE PENSION PROVIDED 
HERREIN THAT NO RETIRING JUSTICE OR JUDGE DURING THE TIME HE IS 
RECEIVING THE PENSION SHALL APPEAR AS COUNSEL BEFORE ANY COURT 
IN ANY CIVIL CASE WHEREIN THE GOVERNMENT OR ANY SUBDIVISION OR 
INSTRUMENTALITY THEREFOREIS THE ADVERSE PART, 
OR 
IN ANY 
CRIMINAL CASE WHERREIN AN 
OFFICER OR EMPLOYEE OF THE 
GOVERNMENT IS ACCUSED OF AN OFFENSE COMMITED IN RELATION TO 
HIS OFFICE, OR COLLECT ANY FEE FOR HIS APPEARANCE IN ANY 
ADMINISTRATIVE PROCEEDING TO MAINTAIN AN INTEREST ADVERSE TO 
THE GOVERNMENT NATIONAL PROVINVCIAL OR MUNICIPAL, OR TO ANY OF 


ITS LEGALLY CONSTITUTED OFFICERS. IT IS ALSO A CONDITION OF THE 
PENSION PROVIDED FOR HERREIN 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 DUE HIM. 
“SEC. 2 IN CASE A JUSTICE OF THE SUPREME COURTOR THE COURT 
OF THE APPEALS OR THE SANDIGANBAYAN OR A JUDGE OF THE COURT OF 
TAX APPEALS, THE RREGIONAL TRIAL COURT, THE METROPOLITAN TRIAL 
COURT, THE MUNICIPAL TRIAL COURT IN CITIES, THE MUNICIPAL TRIAL 
COURT AND THE MUNICIPAL CIRCUIT TRIAL COURTS, OR ANY OTHER 
COURTS, OR ANY OTHER COURRT HEREAFTERESTABLISHED DIES WHILE IN 
YEAR GRATUITY COMPUTED ON THE BASIS OF THE HIGHEST MONTHLY 
SALARY 
PLUS 
THE 
HIGHEST 
MONTHLY 
AGGREGATES 
OF 
TRANSPORTATION, LIVING AND REPRESENTATION ALLOWANCES RECEIVED 
BY HIM AS SUCH JUSTICE OR JUDGE, WITHOUT THE LENGTH OF SERVICE 
REQUIRED IN SECTION ONE HEREOF, PROVIDED, HOWEVER, WHERE THE 
DECEASED JUSTICE OR JUDGE HAS RENDERED AT LEAST TWENTY YEARS’ 
EITHER IN THE JUDICIARY OR IN ANY OTHER BRANCH OF THE 
GOVERNMENT OR IN BOTH, HE SHALL INSTEAD BE ENTITLED TO A LUMP 
ACTUAL SERVICE, HIS HEIRS SHALL RECEIVE ONLY LUMP SUM OF FIVE- 
SUM OF TEN -YEAR GRATUITY COMPUTED ON THE SAME BASIS AS 
INDICATED IN THIS PROVISION. THE SAME BENEFIT OF FIVE -YEAR 
GRATUITY PROVIDED IN THIS SECTION SHALL BE EXTENDED TO ANY 
INCUMBENT JUSTICE OF THE SUPREME COURRT OR THE COURT OF 
APPEALS OR THE SANDIGANBAYAN, OR A JUDGE OF A COURTT OF TAX 
APPEALS, THE REGIONAL TRIAL COURT, THE METROPOLITAN TRIAL 
COURT, THE MUNICIPAL TRIAL COURT IN CITIES, THE MUNICIPAL TRIAL 
COURTS, AND THE MUNICIPAL CIRCUIT TRIAL COURTS, OR ANY OTHER 
COURTS HEREAFTER ESTABLISHED, AS THE CASE MAYBE, WHO, WITHOUT 
ATTAINING THE LENGTH OF SERVICE REQUIRED IN SECTION ONE HEREOF, 
SHALL HAVE TO RETIRE UPON REACHING THE AGE OF SEVENTY YEARS, OR 
UPON OTHER 
CAUSES, 
SUCH 
ILLNESS OR 
PERMANENT 
PHYSICAL 
DISABILITY, TO BE CERTIFIED TO BY T HE SUPREME COURTT, WHICH 
RENDER HIM INCAPACITATED TO CONTINUE HIS POSITION. 
“SEC. 3 UPON RETIREMENT, A JUSTICE OF THE SUPREME COURT 
OR THE COURT OF APPEALS OR THE SANDIGANBAYAN, OR A JUDGE OF 
COURT 
OF 
TAX 
APPEALS, 
THE 
REGIONAL 
TRAl 
COUIRT, 
THE 
MTEROPOLITAN TRIAL COURRT, THE MUNICIPAL TRIAL COURT IN CITIES, 
THE MUNICIPAL TRIAL COURTS AND THE MUNICIPAL CIRCUIT TRIAL 
COURTS, OR ANY OTHER COURT HERREAFTER ESTABLISHED, WHO HAS 
AlTAlNE DTHE AGE OF SIXTY YEARS AND HAS RENDERED AT LEAST 
TWENTY YEARS IN THE GOVEERNMENT, LAST FIVE OF WHICH SHALL HAVE 
BEEN CONTINUOUSLY RENDERED IN THE JUDICIARY, OR WHO HAS 
ATTAINED THE AGE OF SEVENTY YEARS AND HAS RENDERED AT LEAST 
TWENTY YEARS OF GOVERNMENT SERVICE, SHALL BE AUTOMATICALLY 
ENTITLED TO A LUMP SUM OF FIVE YEAR 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: 
PROVIDED, HOWEVER, THAT THE RETIREE HAS RENDERED AT LEAST 
THIRTY YEARS SERVICE EITHER IN THE JUDICIARY OR IN ANY OTHER 
BRANCH IN THE GOVERNMENT OR IN BOTH, THE LAST TWENTY YEARS OF 
WHICH HAVE BEEN CONTINUOUSLY RENDERED IN THE JUDICIARY, OR HAS 


. 
RENDERED CONTINUOUSLY SERVICE IN THE JUDICIARY FOR TWENTY 
YEARS, AND RETIRES FOR HAVING AlTAlNED THE AGE OF SEVENTY YEARS, 
HE SHALL BE AUTOMATICALLY ENTITLED TO A LUMP SUM F TEN YEAR 
GRATUITY COMPUTED ON THE SAME BASIS AS 
INDICATDIN THIS 
PROVISION. IN EITHER CASE, THE RETIREE SHALL BE ENTITLED TO A 
FURTHER ANNUITY PAYABLE MONTHLY SURING THE RESIDUE OF HIS 
NATURAL LIFE EQUIVALENT TO THE AMOUNT SPECIFIED IN SECTION ONE 
HEREOF UPON SURVIVAL OF A UNIFORM PERIOD OF FIVE YEARS FROM THE 
DATE HE RECEIVED THE FIVE YEAR OR TEN YEAR ILUMP SUM GRATUITY, 
AS THE CASE MAYBE, PROVIDED, FINALLY, IF AFTER RENDERING AT LEAST 
TWENTY YEARS SERVICE EITHER IN THE JUDICIARY OR IN ANY OTHER 
BRANCH OF THE GOVERNMENT OR IN BOTH AND THE REASON FOR THE 
RETIREMENT BE ANY PERMANENT DISABLIT CONTRACTED DURING HIS 
INCUMBENCY IN OFFICE AND PRIOR TO THE DATE OF RETIREMENT, HE 
SHALL ONLY RECEIVE ONLY A GRATUITY EQUIVALENT TO TEN YEARS 
SALARY AND ALLOWANCES AFOREMNTIONED WITH NO FURTHER ANNUITY 
PAYABLE MONTHLY AS PROVIDED IN SECTION ONE HEREOF DURING 
THEREST OF THE RETIREE’S NATURAL LIFE.” 
SEC.2. The benefits authorized herein shall accrue only from the date of 
effectivity of this Act. 
SEC. 3. The amount necessary to implement the provisions of this Act 
shall be charged against such fund of the National Treasury not otherwise 
appropriated. 
SEC. 4. All laws inconsistent with the provisions of this Act are repealed 
or modified accordingly. 
SEC. 5. The Act shall take effect fifteen days following i t s  publication in 
a newspaper of general circulation or in the Official Gazette, whichever, i s  
earlier. 
Approved,