TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
S. No. 1263
IgA
ot tijf #:crpf(i!7
25 AUG 27 A 9 24
RECEIVED BY:
Introduced by Senator Loren Legarda
AN ACT
STANDARDIZING THE RETIREMENT BENEFITS OF JUSTICES, JUDGES, AND 
JUDICIARY OFFICIALS WITH JUDICIAL RANK, SALARY AND PRIVILEGES, 
AND APPROPRIATING FUNDS THEREFOR, AMENDING FOR THE PURPOSE 
REPUBLIC ACT NO. 910, AS AMENDED
EXPLANATORY NOTE
In recognition of their vital role in safeguarding the principles of democracy, 
justice, and the rule of law, specific Judiciary Officials were conferred with judicial 
rank, salary and privileges. Despite being granted these privileges by the Supreme 
Court, the benefits of these Judiciary Officials are not covered by current legislation.
At present. Judiciary Officials are excluded from the coverage of both R.A. No. 
8291, or the "Government Service Insurance System Act of 1997," except for life 
insurance purposes, and R.A. No. 910, as amended by R.A. No. 9946, or "An Act 
Granting Additional Retirement, Survivorship, and Other Benefits to Members of the 
Judiciary."
To provide legal basis for the benefits due to the Judiciary Officials, the 
Supreme Court issued Resolutions to allow these Judiciary Officials enjoy the privileges 
conferred on them, invoking its constitutional mandated powers of fiscal autonomy 
and administrative supervision over all courts and personnel.
The absence of legislation in favor of Judiciary Officials has deprived them of 
fair and equal application of retirement benefits, as the Department of Budget and 
Management is of the position that a legislative enactment is necessary to entitle


Judiciary Officials to the retirement benefits stated under R.A. No. 910, as amended 
by R.A. No. 9946.
To rectify the inequalities and delay resulting from the conflicting opinions in 
the entitlement of Judiciary Officials to retirement benefits, there is an urgent need to 
enact legislation that will amend the coverage of existing retirement laws, and include 
Judiciary Officials that were conferred with judicial rank, salary and privileges.
In view of the foregoing, the passage of this measure is earnestly sought.
LOREN LEGARDA


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
S. No. 1263
©fiicp of t!)c
25 AUG 27 A9 24
RECEIVED BY;
Introduced by Senator Loren Legarda
AN ACT
STANDARDIZING THE RETIREMENT BENEFITS OF JUSTICES, JUDGES, AND 
JUDICIARY OFFICIALS 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 the House of Representatives of the Philippines in
the Congress assembled:
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Section 1. Section 1 of Republic Act No. 910, as amended by Republic Act No.
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9946, is further amended to read as follows:
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"Section 1. When a Justice of the Supreme Court, the Court of
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Appeals, the Sandiganbayan, or of the Court of Tax Appeals, or
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a Judge of the regional trial court, metropolitan trial court,
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municipal trial court, municipal circuit trial court, shari'a district
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court, shari'a circuit court, or any other court hereafter
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established, OR A JUDICIARY OFFICIAL CONFERRED
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WITH THE SAME RANK, SALARY AND PRIVILEGES AS A
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JUSTICE OR A JUDGE OF SAID COURTS, who has rendered
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at least fifteen (15) years OF service in the Judiciary or in any
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other branch of the Government, or in both, (a) retires for having
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attained the age of seventy (70) years, or (b) resigns by reason
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of his/her incapacity to discharge the duties of his/her office as
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certified by the Supreme Court, he/she shall receive during the
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residue of his/her natural life, in the manner hereinafter


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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 retirement, or resignation, and non-wage benefit in 
the form of education scholarship to one (1) child of all Justices, 
[and] Judges, AND 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 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, shari'a district court, shari'a circuit court, or 
any other court hereafter established, OR A JUDICIARY 
OFFICIAL CONFERRED WITH THE SAME RANK, SALARY 
AND PRIVILEGES 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 OF 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, AND JUDICIARY OFFICIALS, to free tuition fee in a 
state university or college, WITHOUT PREJUDICE TO THE 
AVAILMENT OF RIGHTS TO FREE TERTIARY EDUCATION


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UNDER EXISTING LAWS: Provided, however, That any 
Justice, [Of] Judge, OR JUDICIARY OFFICIAL with less than 
fifteen (15) years OF 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:
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Number of years in the 
Government or Judiciary
15 years
Basic pay plus the highest 
monthly aggregate 
transportation, 
representation and 
other allowance (PERA 
and 
additional
compensation allowance)
It is a condition of the pension provided for herein that no 
retiring Justice, [or] Judge [of thc-aforcmcntioncd courts], 
JUDICIARY OFFICIAL, 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 [G]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 
[G]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 
[G]government, national, provincial or municipal, or to any of its 
legally constituted officers. [It is olso a condition of the pcnsioft 
provided for herein that-when a member of the judiciary or
his/her surviving spouse entitled to the benefits of this Act shall
assume on elective public office, ho/she shall not, upon
assumption of office and during his/her term, receive the
monthly pension due to him/her.]"
Sec. 2. Section 2 of the same Act, as amended by, is further amended to read 
as follows:


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"Section 2. In case a Justice of the Supreme Court or Court of
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Appeals, Sandiganbayan or the Court of Tax Appeals, or a Judge
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of the regional trial court, metropolitan trial court, municipal trial
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court in cities, municipal trial court, municipal circuit trial court,
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shari'a district court, shari'a circuit court, or any other court
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hereafter established, OR A JUDICIARY OFFICIAL
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CONFERRED WITH THE SAME RANK, SALARY AND
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PRIVILEGES AS A JUSTICE OR A JUDGE, dies while in actual
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service, regardless of his/her age and length of service as
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required in Section 1 hereof, his/her heirs shall receive a lump
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sum of five (5) years' gratuity computed on the basis of the
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highest monthly salary plus the highest monthly aggregate of
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transportation, representation and other allowances such as
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personal economic relief allowance (PERA) and additional
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compensation allowance received by him/her as such Justice,
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[Of] Judge OR JUDICIARY OFFICIAL: Provided, however,
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That where the deceased Justice, [or] Judge OR JUDICIARY
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OFFICIAL has rendered at least fifteen (15) years OF SERVICE
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either in the Judiciary or in any other branch of Government, or
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both, his/her heirs shall instead be entitled to a lump sum of ten
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(10) years gratuity computed on the same basis as indicated in
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this provision: Provided, further. That the lump sum of ten (10)
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years gratuity shall be received by the heirs of the Justice, [er
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the} Judge OR JUDICIARY OFFICIAL who was killed because
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of his/her work as such: Provided, That the Justice, [or] Judge
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OR JUDICIARY OFFICIAL has served in Government for at
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least five (5) years regardless of age at the time of death. When
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a Justice, [or] Judge OR JUDICIARY OFFICIAL is killed
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intentionally while in service, the presumption is that the death
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is work-related."
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Sec. 3. Section 3 of the same Act, as amended, is further amended to read as
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follows:


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"Section 3. Upon retirement, a Justice of the Supreme Court or 
of 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 in cities, 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, shall be automatically 
entitled to a lump sum of five (5) years' gratuity computed on 
the basis of the basis of the highest monthly salary plus the 
highest monthly aggregate of transportation, representation and 
other allowances such as personal economic relief allowance 
(PERA) and additional compensation allowance he/she was 
receiving on the date of his/her retirement and thereafter upon 
survival after the expiration of five (5) years, to further annuity 
payable monthly during the residue of his/her natural life 
pursuant to Section 1 hereof: Provided, however, That if the 
reason for the retirement be any permanent disability contracted 
during his/her incumbency in office and prior to the date of 
retirement, he/she shall receive a gratuity equivalent to ten (10) 
years' salary and the allowances aforementioned: Provided, 
further. That should the retirement under Section 1(a) hereof be 
with the attendance of any partial permanent disability 
contracted during his/her incumbency and prior to the date of 
retirement, he/she shall receive an additional gratuity equivalent 
to two (2) years lump sum that he/she is entitled to under this 
Act: Provided, furthermore. That if he/she survives after ten (10) 
years or seven (7) years, as the case may be, he/she shall 
continue to receive a monthly annuity as computed under this 
Act during the residue of his/her natural life pursuant to Section 
1 hereof: Provided, finally. That those who have retired with the 
attendance of any partial permanent disability five (5) years prior


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to the effectivity of this Act shall be entitled to the same benefits
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provided herein.
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Upon the death of a Justice or Judge of any court in the
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Judiciary, OR A JUDICIARY OFFICIAL, if such Justice, [er]
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Judge OR JUDICIARY OFFICIAL has retired, or was eligible
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to retire optionally at the time of death, the surviving legitimate
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spouse shall be entitled to receive all the retirement benefits that
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the deceased Justice, [er] Judge OR JUDICIARY OFFICIAL
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would have received had [the Justice or Judge] HE/SHE not
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died. The surviving spouse shall continue to receive such
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retirement benefits until the surviving spouse's death or
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remarriage."
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Sec. 4. Section 3-A of the same Act, as amended, is further amended to read as
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follows:
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"Section 3-A. All pension benefits of retired members of the
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Judiciary AND JUDICIARY OFFICIALS WITH JUDICIAL
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RANK, SALARY AND PRIVILEGES shall be automatically
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increased whenever there is an increase in the salary AND
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ALLOWANCES of the same position from which [he/she] THEY
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retired."
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Sec 5. Section 3-B of the same Act, as amended, is further amended to read as
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follows:
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"Section 3-B. The benefits under this Act shall be granted to all
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those who have retired prior to the effectivity of this Act,
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INCLUDING JUDICIARY OFFICIALS WITH JUDICIAL
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RANK, SALARY AND PRIVILEGES WHO COMPULSORILY
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RETIRED AT THE AGE OF SIXTY-FIVE (65) YEARS IN
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ACCORDANCE WITH LAW AT THE TIME OF THEIR
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RETIREMENT, AND THOSE WHO AVAILED THEMSELVES
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OF OPTIONAL OR DISABILITY RETIREMENT UNDER
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THIS ACT; Provided, [That the benefits shall be applicoblo only


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to members of th(>judiciary/-/3)rc>i//^c£/ furthcr\ That the benefits
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to be granted shall be prospective."
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Sec 6. The amount necessary for the initial implementation of this Act shall be
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charged against the current year's savings of the Judiciary. Thereafter, such sums as
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may be necessary for the continued implementation of this Act shall be included in
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the annual General Appropriations Act.
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Sec 7, If any provision or part of this Act is declared invalid or unconstitutional,
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the remaining parts or provisions not affected shall remain in full force and effect.
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Sec. 8. All laws, rules, regulations, orders, circulars and other issuances or parts
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thereof which are inconsistent with the provisions of this Act are hereby repealed,
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amended or modified accordingly.
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Sec 9. This Act shall take effect fifteen (15) days after its publication in the OfFicia!
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Gazette or in a newspaper of general circulation.
Approved,