NINETEENTH CONGRESS                  )
REPUBLIC OF THE PHILIPPINES    )
First Regular session                           )
HOUSE OF REPRESENTATIVES
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Introduced b
resentative Rufus a.
House Bill No.   5324
EXPLANATORY NOTE
When those who are called upon to administer justice are themselves denied of their
right to due process of law, security of tenure and the equal protection of the law, something
must be done  in  order to  redress their grievances.  Otherwise,  dissension will  arise among
the ranks of those who are considered as sentinels of truth and justice.
When Batas Pambansa Bilang  129 was being drafted, it envisioned changes that will
redound to the  benefit,  improvement and  interest of the Judiciary.  Those who drafted  it did
not anticipate the situations wherein the cause of the gap in the judicial service can  not be
attributed  to  the justice  or judge.  It  is  to  be  noted  that when  "courtesy  resignations" were
made  in  the  light  of the  Judiciary  Re-Organization  implemented  on  February  1,1981,  the
same were  made out of respect only.  It does  not necessarily reflect the true sentiments of
the concerned judges.
Having practically spent the best years of their lives in the service of the country, they
do  not  deserve  such  unjust  treatment  by  the  government  they  have  so  faithfully  served.
There is therefore a need to rectify through legislation the wrong inflicted upon the members
of the bench affected by such provision.
This bill seeks to cure the inequity brought about by Section 42 of Batas Pambansa
Bilang  129,  particularly  on  the  term,  "continuous"  as  the  same  did  not  anticipate  certain
situations  wherein  the  gap   in   service   is  due  to   unforeseen  and  fortuitous  events   not
attributable to the judge or justice.
In view of the foregoing, the immediate passage of this bill is earnestly requested.


NINETEENTH CONGRESS                  )
REPUBLIC OF THE PHILIPPINES    )
First Regular session                            )
HOUSE OF REPRESENTATIVES
Introduced by Representative Rufus a. Rodriguez
House Bill No. 53 2 ¢
AN ACT
AMENDING   SECTION   42   0F   BATAS   PAMBANSA   BILANG   129,   AS   AMENDED,
OTHERWISE    KNOWN    AS    THE    JUDICIARY    REORGANIZATION    ACT    OF    1981,
EXEMPTING   AFFECTED    MEMBERS   OF   THE   JUDICIARY   AS    MAY   HEREIN    BE
QUALIFIED FROM THE CONTINUOUS SERVICE REQUIREIVIENT
Be  in  enacted  by  the  Senate  and  the  House  of  Representatives  of  the  Philippines  in
Congress assembled:
SECTION 1.    Declaration  of Policy.  -It is  hereby declared  policy of the  State to extend
and grant full vindication to those members of the Judiciary whose security of tenure, right to
due   process,   and   equal   protection   of   the   law   were   unjustly   violated   during   the   re-
organization of the Judiciary as implemented on February 1,  1981.
SEC.  2.  To  implement  this  declared  policy,  Section  42  of  Batas  Pambansa  Bilang  129  is
amended to read as follows:
Section 42.  Longevity Pay -A month longevity pay equivalent to 5°/o
of the monthly basic pay shall be paid to the Justices or judges of the Courts
herein  created  for  each  five  years  of  continuous,  efficient  and  meritorious
service  rendered  in  the  Judiciary;  PROVIDED  THAT  IN  NO  CASE  SHALL
THE  TOTAL   SALARY  OF   EACH   JUSTICE   OR  JUDGE   CONCERNED,
AFTER  THIS  LONGEVITY  PAY  IS  ADDED,   EXCEED  THE  SALARY  OF
THE JUSTICE  OR JUDGE  EQUAL  IN  RANK;  AND  PROVIDED  FURTHER,
THAT THE JUSTICE AND JUDGE WHOSE  COURTESY RESIGNATIONS"
WERE  ACCEPTED  DURING  THE  1987  JUDICIARY  RE-ORGANIZATION
AND WHO WHERE THEREAFTER REINSTATED AND APPLIED FOR THE
MONEY  VALUE  OF  THEIR  ACCRUED  VACATION  AND  SICK  LEAVES
SHALL    BE   CONSIDERED    IN    CONTINUOUS   SERVICE   AND   THERE
SHALL BE NO REDUCTION OF THEIR LONGEVITY PAY RATING.
SEC. 3. Such sums as may be necessary to carry out the amendatory provision of this Act,
including  the  longevity  pay  differentials  of  all  those  Justices  and  Judges  entitled  to  the
benefits  of this Act are  hereby appropriated  out of any funds  in  the  National  Treasury  not
otherwise appropriated.
SEC.  4.  Repea/i.ng  C/ause.  All  laws,  presidential  decrees,  executive  orders,  rules  and
regulations contrary to or inconsistent with the provision of this Act, are hereby repealed, or
modified accordingly.
SEC. 5. Separabi`/i.fy C/ause.  If for any reason, any part or provision of this Act is declared
invalid   or  unconstitutional,   the   remaining   parts  or  provisions   not  affected   thereby  shall
remain in full force and effect.
SEC. 6. Effecfi.yi.fy. This Act shall take upon its approval.
Approved,