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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17" CONGRESS
First Regular Session

oun RESET ATION LIT
HOUSE BILL No, 2778 rf j

Introduced by REP. ANA 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 states that
whenever the salary of an incumbent justice of the Supreme Court or Court of Appeals is 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 thei
retirement gratuities,

The foregoing considered, immediate approval of this bill is highly sought.

co
EVELINA G. ESCUDERO


Republic of the Philippines
HOUSE OF REPRESENTATIV
Quezon City

17° CONGRI

- ning
BILL No. 2778

AN ACT
TIONS 2 AND 5 OF REPUBLIC ACT NO. 9227, OTHERWISE KNOWN

AMENDING S|
AS AN ACT GRANTING ADDITIONAL COMPENSATION IN THE FORM OF SPECIAL
ALLOWANCES FOR JUSTICES, JUDGES AND ALL OTHER POSITIONS IN THE
JUDICIARY WITH THE EQUIVAL RANK OF JUSTICES OF THE COURT OF
‘APPEALS AND JUDGES OF THE REGIONAL TRIAL COUR’

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

SE

ON 1. Section 2 of Republic Act. No. 9227 is hereby amended to read, as follows:

“Sec. 2, Grant of Special Allowances. — All 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 as authorized under existing laws shall be granted
special allowances equivalent to one hundred percent (100%) of the basic monthly
salary specified for their respective salary grades under Republic Act No. 6758, as
amended, otherwise known as the Salary Standardization Law, to be implemented for
a period of four @ years.

The erant of special allowances shall be implemented uniformly in such sums or
amounts equivalent to twenty-five percent (25%) of the basic salaries of the po
covered hereof. Subsequent implementation shall be in such sums and amo

ts and
up to the extent only that can be supported by the funding source specified in See. 3

hereof.

PROVIDED, HOWEVER, THAT ALL JUDGES OF THE MUNICIPAL OR
CITY AND REGIONAL TRIAL COURTS ASSIGNED TO AND
ACTUALLY HOLDING COURT SESSIONS ON A PERMAN NT BA! ly
ANY MUNICIPALITY, CITY OR IN SUCH PROVINCES AS SULU AND
OTHER EQUALLY HAZARDOUS AREAS SHALL RECEIVE SALARIES,
EMOLUMENTS, PERKS AND ALLOWANCES DOUBL!
VED BY JUDGES OF THE SAME LEVEL WHO ARE ASSI
ELSEWHERE IN THE COUNTRY.

IN ADDITION, THE SAID JUDGES SHALL BE PROVIDED SECURITY
DETAILS OF NOT LESS THAN FIVE OR MORE T) ‘VEN POLICE
OFFICERS OR ELEMENTS OF THE ARMED FORCES. THE COSTS OF

1



SCURITY DETAIL AFOREMENTIONED SHALL
UAL AMOUNTS BY AND SHALL BE TAKEN FROM
OF THE JUDICIAL DEPARTMENT AND THE
CONCERNED IN THE CASE OF THE REGIONAL TRIAL

THE BUDGETS
PROVINCE
COUR’

OF MAINTAINNG JRITY DETAIL IN THE
)VERNMENT SHALL
IN EQUAL AMOUNTS BY AND SHALL BE TAKEN FROM
$ OF THE JUDICIAL DEPARTMENT AND THE LOCAL

GOVERNMENT UNITS CONCERNED,

TE SHARES OF TE

PROVINC! THE CITIES OR THE
MUNICIPALITIES CONCERNED SHALL B AUTOMATICALLY
DEDUCTED FROM THEIR INTERNAL REVENUE SHARES AT THE
START OF EVERY FISCAL YEAR.

IN THE JUDGES SO ASSIGNED AS DESCRIBED ABOVE
ARE KILLED IN THE LINE OF DUTY, THEIR HEIRS SHALL RE vE
DOUBLE THE BENEFITS THAT THE HEIRS OF JUDGES ASSIGNED
EWHERE 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
PERMANENTLY TRANSFERRED ELSEWHERE WITH THEIR
CONSENT AND THAT OF THE LOCAL GOVERNMENT UNITS
CONCERNED, THEY SHALL NO LONGER RECEIVE THE
ENTITLEMENTS PROVIDED FOR IN THIS ACT.

ERTIFIED TO
SECRETARY OF THE DEPARTME
GOVERNMENT4.

T OF INTERIOR AND LOCAL

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

"Sec. 5. Inclusion in the Computation of Retirement Ben
retirement, only the allowances actually received and the tranche or tranches of the
special allowance already implemented and received pursuant to this Act by the
justices, judges and all other positions in the J h 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,

For purposes of



JUDGE OF THE REGIONAL 1
NOVEMBER 11, 2003, THE DA’
AC

SEC. 3.

SHALL LIKEWISE BE EXTENDED TO SURVIVING
AND ALL OTHER COURT OFFICIALS WITH THE
ENT RANKS OF JUSTICE OF THE COURT OF APPEALS AND
RIAL COURT WHO RETIRED PRIOR TO
OF THE ECTIVITY OF THIS

epealing Clause. - All laws, decrees, executive orders, proclamations, rules and

regulations, or parts thereof inconsistent herewith are hereby repealed or modified accordingly

SI
in the Of

4. Efffeetivity Clause. -This Act shall take effet fifteen (15) days after its publication
al Gazette of in any two (2) newspapers of general circulation.

Approved,