‘SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriquez, Jr
No, 6939

EXPLANATORY NOTE

House

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 govemment 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

MAXIMO B. RODRIGUEZ, JR.


SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.

6939

House Bill No.

AN ACT
AMENDING SECTION 42 OF 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 REQUIREMENT

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% 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 cary 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. Repealing Clause. All |aws, 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. Separability Clause. 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. Effectivity. This Act shall take upon its approval

Approved,