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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18™) CONGRESS:
Second Regular Session

HOUSE BILL NO, 8671

Introduced by Rep. Corazon T. Nuftez-Malanyaon

EXPLANATORY NOTE

Inconsideration of their selfless dedication to the institution, members of the judiciary as
well as judiciary officials with judicial rank, salary and privileges must be ensured of a
reasonable amount of support after they leave the judiciary.

For while it is true that holders of positions with equivalent judicial rank do not perform
the same functions as justices and judges, it must be stressed that the conferment of such
rank is recognition of the substantial equality in the roles they play in the Judiciary vis-a-
vis justices and judges,"

Thus, the Supreme Court, for more than three decades now, has consistently
promulgated Resolutions declaring that judiciary officials conferred judicial rank, salary
and privileges shall retire under Republic Act No. (RA) 910.

Lamentably, RA 910? as amended by RA 9946° limited its applications to members of the
judiciary only; while the GSIS Act of 1997, took judiciary officials with judicial rank,
salary and privileges out of its coverage and refunded their personal contribution to the
GSIS fund.

£ Re: Request of Assistant Court Administrators, 483 Phil, 16-32 (2004)

2 Special Retirement Law of Judges and Justices, Republic Act No 910, June 20, 1953.

> An Act Granting Additional Reuremeat, Survivorship and Other Benefits to Members of the Judiciary, Republic
Act No, 9946, January 13, 2010


As a result, judiciary officials, after dedicating the best yeats of their lives to serve the
institution, are left with no retirement benefits at all. Judiciary officials, despite old age,
will be left with no choice but to start working again, assuming they could still work, just
to cover their rising medical expenses,

This is what we seek to correct.

The exclusion of judiciary officials with judicial rank, salary and privileges from the
coverage of RA 910, as amended by RA 9946, is not only discriminatory but also
unreasonable.

Notably, the Supreme Court still allowed judiciary officials to retire under RA 910 despite
the RA 9946 amendment.’ Hence, pursuant to the intention of the Supreme Court and the equal
protection clause, a uniform retirement law for both members of the judiciary and judiciary
officials is absolutely necessary.

The immediate passage of this bill is hereby earnestly sought.

CORAZON URE UATANY AGH

First District Davao Oriental

* Re: Application for Retirement under Republic Act No. 910, as Amended, of Atty. Ma. Luisa 1. Laurea, Division
Clerk of Court, Second Division, Supreme Court, A.M, No. 13987-Ret., August 9, 2011


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18™) CONGRESS
Second Regular Session

HOUSE BILL NO. 8673

Introduced by Rep. Corazon T. Nufiez-Malanyaon

AN ACT PROVIDING FOR A RETIREMENT LAW FOR JUDICIARY
OFFICIALS CONFERRED WITH JUDICIAL RANK, SALARY AND
PRIVILEGES, AMENDING FURTHER FOR THAT PURPOSE
REPUBLIC ACT NO. 910, AS AMENDED BY REPUBLIC ACT NO.
9946, PROVIDING
FUNDS THEREFOR AND FOR OTHER PURPOSES

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

SECTION 1. IN ACCORDANCE WITH SUPREME COURT
RESOLUTIONS DECLARING REPUBLIC ACT NO. 910 AS THE
RETIREMENT LAW FOR JUDICIARY OFFICIALS CONFERRED BY
RESOLUTION OF THE SUPREME COURT OR BY LAW WITH JUDICIAL
RANK, SALARY, AND PRIVILEGES, WHICH RESOLUTIONS THE
SUPREME COURT PROMULGATED IN THE INTERPRETATION AND
APPLICATION OF ITS CONSTITUTIONAL POWERS OF FISCAL
AUTONOMY AND ADMINISTRATIVE SUPERVISION OF COURTS AND
COURT PERSONNEL, THIS ACT, REPUBLIC ACT NO. 910, AS
AMENDED, SHALL BE THE RETIREMENT LAW FOR THE SAME
OFFICIALS; PROVIDED, THAT THE JUDICIARY OFFICIALS SHALL BE
ENTITLED TO THE RETIREMENT BENEFITS PRESCRIBED BY THIS
ACT FOR THE MEMBERS OF THE JUDICIARY TO WHOSE RANK THEIR
RESPECTIVE POSITIONS ARE EQUATED BY SUPREME COURT
RESOLUTION OR BY LAW; PROVIDED FURTHER, THAT HENCEFORTH
THE SAME JUDICIARY OFFICIALS SHALL RETIRE COMPULSORILY AT
AGE SEVENTY (70).


SEC. 2. SECTIONS 3-A AND 3-B OF REPUBLIC ACT NO. 910, AS
AMENDED BY REPUBLIC ACT NO. 9946, ARE AMENDED FURTHER TO
READ AS FOLLOWS:

“SEC. 3-A. All pension benefits of retired members of the Judiciary
AND JUDICIARY OFFICIALS WITH JUDICIAL RANK, SALARY
AND PRIVILEGES shall be automatically increased whenever there is an
increase in the salary AND ALLOWANCES of the same position from
which he/she retired.

“SEC. 3-B. The benefits under this Act shall be granted to all those
who have retired prior to the effectivity of this Act, INCLUDING
JUDICIARY OFFICIALS WITH JUDICIAL RANK, SALARY AND
PRIVILEGES WHO COMPULSORILY RETIRED UNDER THIS ACT
AT AGE SIXTY-FIVE (65) IN ACCORDANCE WITH LAW AT THE
TIME OF RETIREMENT, AND THOSE WHO AVAILED OF
OPTIONAL OR DISABILITY RETIREMENT UNDER THIS ACT;
Provided, [That the benefits shall be applicable only to members of the
Judiciary, Provided further| That the benefits to be granted shall be
prospective.”

SEC. 3. The amount necessary for the initial implementation of this Act

shall be charged against the current year’s savings of the Judiciary. Thereafter,
such sums as may be necessary for the continued implementation of this Act shall
be included in the annual General Appropriations Act.

SEC. 4. All laws, decrees, orders, rules and regulations or parts thereof

inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

SEC. 5. This Act shall take effect fifteen (15) days following the

completion of its publication in the Official Gazette or any two (2) newspapers of
general circulation.

Approved,