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REGEVED
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DATE: ¢

Republic of the Philippines
HOUSE OF REPRESENTATIVE
Quezon City

16" CONGRESS
First Regular Session

HOUSE BILLNO.__1734

Introduced by REP. EVELINA G. ESCUDERO

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 their 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
ates that whenever the salary of an incumbent justice of the Supreme Court or Court of Appeals
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.

-
EVELINA G. ESCUDERO.


Republic of the Philippines
HOUSE OF REPRES
Quezon Ci

16" CONGRESS
First Regular $

99)
nouse BILLNo. 1734

Introduced by REP. EVELINA G. ESCUDERO

AN ACT
MENDING SECTIONS 2 AND 5 OF REPUBLIC ACT NO. 9227, OTHERWI
WN 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 JUSTIC
THE COURT OF APPEALS AND JUDGES OF THE REGIONAL TRIAL COURT

OF

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:

Grant of Special Allowances. — Alll justices. judges and all other
5 s in the Judiciary with the equivalent rank of justices of the Court of
6 Appeals and judges of the Regional Trial Court as authorized under existing laws
7 shall be granted special allowances equivalent to one hundred percent (100%) of
8
9

the basic monthly salary specified for their respective salary grades under
Republic Act No. 6758, as amended, otherwise known as the Salary
10 Standardization Law, to be implemented for a period of four (4) years.

2 The grant of special allowances shall be implemented uniformly in such sums or
13 amounts equivalent to twenty-five percent (25%) of the basic salaries of the
4 positions covered hereof. Subsequent implementation shall be in such sums and
1s amounts and up to the extent only that can be supported by the funding source
16 specified in Sec. 3 hereof.

17

18 PROVIDED, HOWEVER, THAT ALL JUD OF THE MU

9 OR CITY AND REGIONAL TRIAL COURTS ASSIG

20 ACTUALLY HOLDING COURT SESSIONS ON A PERMANENT BASIS

S$ AND ALLOWANCES DOUBLE
OF THE SAME LEVEL WHO ARE

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 THE 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 CONCERNED 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
TRANSFERRED ELSEWHER' WITH THEIR
1AT OF THE LOCAL GOVERNMENT UNI
CONCERNED, HEY SHALL NO LONGER RECEIVE THE
ENTITLEMENTS PROVIDED FOR IN THIS ACT.

THE ADDITIONAL
BENEFITS SPECIFIED ID
GRANTED TO THE JUDGES CONCE}
SITUATION THE PLACES OF 1 IR ASSIGNMEN'
HAVE STABILIZED AS CERTIFIED TO BY COURT
ADMINISTRATOR AND THE SECRETARY OF THE DEPARTMENT
OF INTERIOR AND LOCAL GOVERNMENT4.”

SALARIES,

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

"See. 5. Inclusion in the Computation of Retirement Benefits. — For purposes
of retirement, only the allowances actually received and the tranche or tranches
of the special allowance already implemented and received pursuant to this Act
s 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 fifteen (15) days after its
publication in the Official Gazette or in any two (2) newspapers of general circulation.

Approved,