NINETEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

GeaeR ASS.
oN

baat

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Roi

House Bill No. 3014
EXPLANATORY NOTE

This bill was filed during the 18" Congress and was approved by the House of
Representatives.

At present, there is no retirement faw for our Judiciary officials with judicial rank, salary
and privileges. The existing retirement law for members of the Judiciary is Republic Act No.
910, as amended by Rep. Act No. 9948, which covers “Justices of the Supreme Court, the
Court of Appeals, the Sandiganbayan, or of the Court of Tax Appeals, or a Judge of the
regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court,
sharia district court, sharia circuit court or any other court hereafter established...”

In 1971, the Supreme Court en banc conferred judicial rank, salary and privileges to
the positions in the Office of the Clerk of Court (OCC) through Resolutions. After the effectivity
in 1975 of Presidential Decree No. 828 establishing the Office of the Court Administrator
(OCA) and granting judicial rank, salary and privileges to the positions of Court Administrator
and Deputy Court Administrator (OCA), the Court continued to promulgate Resolutions
granting judicial rank, salary and privileges to positions in the OCC, the OCA, and the third
level collegiate courts (Court of Appeals, Sandiganbayan and Court of Tax Appeals) in
recognition of the invaluable support system in the administration of justice.

In 1986, Court Administrator Romeo Mendoza, with the rank, salary and privileges of
the Presiding Justice of the Court of Appeals, applied to retire under Rep. Act No. 910, as
amended. Chief Justice Ramon C. Aquino approved the application and forwarded it to the
Government Service Insurance System (GSIS) for implementation. In 1993 Chief Justice
‘Andres R. Narvasa also approved the application of Clerk of Court Daniel T. Martinez to retire
under the same law. The Supreme Court en banc has also approved appiications for
retirement under Rep. Act No. 910, as amended, through Resolutions that were also
forwarded to the GSIS for implementation

The GSIS Act of 1997, however, took Judiciary officials with judicial rank, salary and
privileges out of its coverage, except life insurance, and refunded their personal contribution
to the GSIS fund.

Rep. Act No. 9946 amended further Rep. Act No. 910 to provide more retirement
benefits. However, Sec. 3-B of the law limits its benefits to the Members of the Judiciary
(Justices and
Judges) only.

The absence of a retirement law that expressly upholds the Resolutions of the
‘Supreme Court allowing Judiciary officials with judicial rank, salary and privileges to retire
under Rep. Act No. 910, as amended, without limitation or qualification, resulted in the
fragmented application of the law.

In view of the foregoing, immediate approval of this measure is earnestly requested.

RUFYS'B. RODRIGUEZ


NINETEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

_Introduced by Representative Rufus B. Rodriquez

House Bill No. 3014

AN ACT
STANDARDIZING THE RETIREMENT BENEFITS OF JUSTICES, JUDGES, AND
JUDICIARY OFFICIALS CONFERRED WITH JUDICIAL RANK, SALARY AND
PRIVILEGES, AND APPROPRIATING FUNDS THEREFOR, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 910, AS AMENDED

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

SECTION 1. Section 1 of Republic Act No. 910, as amended by Republic Act No. 9946,
is further amended to read as follows:

“Section 1. When a Justice of the Supreme Court, the Court of Appeats, the
Sandiganbayan, or of the Court of Tax Appeals, or a Judge of the regional trial
court, metropolitan trial court, municipal trial court, municipal circuit trial court,
shari'a district court, shari'a circuit court, or any other court hereafter
established, OR A JUDICIARY OFFICIAL CONFERRED WITH THE SAME
RANK AS A JUSTICE OR A JUDGE OF SAID COURTS, who has rendered at
least 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 of seventy years,
or (b) resigns by reason of his/her incapacity to discharge the duties of his/her
office as certified by the Supreme Court, he/she shall receive during the residue
of his/her natural life, in the manner hereinafter provided, the salary [which] plus
the highest monthly aggregate of transportation, representation and other
allowances such as personal economic relief allowance (PERA) and additional
compensation allowance which he/she was receiving at the time of his/her
fetirement, or resignation, and non-wage benefit in the form of education
scholarship to one (1) child of all Justices, [and] Judges, OR JUDICIARY
OFFICIALS, to free tuition fee in a state university or college, WITHOUT
PREJUDICE TO THE AVAILMENT OF RIGHTS TO FREE TERTIARY
EDUCATION UNDER EXISTING LAWS: Provided, That such grant will cover
only one (1) bachelor's degree. When a Justice of the Sandiganbayan or of the
Court of Tax Appeals, or a Judge of the regional trial court, metropolitan trial
court, municipal trial court, municipal circuit trial court, shari'a district court,
sharia circuit court, or any other court hereafter established, OR A JUDICIARY
OFFICIAL CONFERRED WITH THE SAME RANK AS A JUSTICE OR A
JUDGE OF SAID COURTS, has attained the age of sixty (60) years and has
rendered at least fifteen (15) years service in the Government, the last three (3)
of which shall have been continuously rendered in the Judiciary, he/she shall
likewise be entitled to retire and receive during the residue of his/her natural life
also in the manner hereinafter provided, the salary plus the highest monthly
aggregate of transportation, representation and other allowances such as
personal economic relief allowance (PERA) and additional compensation
allowance which he/she was then receiving and the non-wage benefit in the
form of education scholarship to one (1) child of all Justices, [and] Judges, OR


JUDICIARY OFFICIALS, to free tuition fee in a state university or college,
WITHOUT PREJUDICE TO THE AVAILMENT OF RIGHTS TO FREE
TERTIARY EDUCATION UNDER EXISTING LAWS: Provided, however, That
any Justice, for] Judge, OR JUDICIARY OFFICIAL with less than fifteen (15)
years service in the Government or Judiciary, who shall retire due to reasons
hereinabove provided, shall be entitled to a pro-rata monthly pension computed
as follows:

Number of years in the Government or Basic pay plus the highest
Judiciary monthly aggregate transportation,
x representation and other
allowances (PERA and additional
compensation allowance)

15 years

It is a condition of the pension provided for herein that no retiring Justice, for]
Judge, OR JUDICIARY OFFICIAL CONFERRED WITH THE SAME RANK AS
A JUSTICE OR A JUDGE of the aforementioned courts or his/her surviving
spouse receiving the benefits of this Act during the time that he/she is receiving
the said pension shall 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/her office, or collect any fee for his/her 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 or his/her
surviving spouse entitled to the benefits of this Act shall assume an elective
public office, he/she shall not, upon assumption of office and during his/her
term, receive the monthly pension due to him/her.]’

SEC. 2. Section 3-A of the same Act, as amended, is further amended 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]
THEY rotired.

SEC. 3. Section 3-B of the same Act, as amended, is further amended to read as
follows:

"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 AT THE AGE OF SIXTY-FIVE (65) YEARS IN
ACCORDANCE WITH LAW AT THE TIME OF THEIR RETIREMENT, AND
THOSE WHO AVAILED THEMSELVES 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. 4. 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. 5. If any provision or part of this Act is declared invalid or unconstitutional, the
remaining parts or provisions not affected shall remain in full force and effect.

SEC. 6. All laws, rules, regulations, orders, circulars and other issuances or parts
thereof which are inconsistent with the provisions of this Act are hereby repealed, amended
or modified accordingly.

SEC. 7. This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation.

Approved,