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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No, _3995_

EXPLANATORY NOTE

This bill which seeks to provide financial support/benefits to the
surviving spouse and children of slain justices and judges of the judiciary has
already been approved by the House of Representatives on its 3° and final
reading in the 17 Congress. There is however a need to file the same to secure
the benefits of the judges or justices’ survivor spouses and children.

There is need to amend Section 2 of Republic Act 910 for the inclusion of
surviving spouse and children in the provision of financial support and other
benefits. Judicial notice must be accorded to the fact that at least two judges
are being killed annually in previous years. This accounts to the diminishing
number of good lawyers whose interest in joining the judiciary has faded away
over the years. The threat to the life and limb of judiciary officials cannot be
discounted as in fact it is increasing. While no amount of money can replace
the lives of judiciary officials who are killed in the line of duty, or while in
service, it is but just right to provide a benefit mechanism to secure the
surviving spouse or children of slain judges and justices. This will largely
compensate the long years of sacrifices of judges and justices in the judiciary.
In the same vein, it will encourage the entry of legal practitioners in the
judiciary knowing full well that they are adequately protected by the
government they serve.

Accordingly, the approval of this bill is earnestly urged.

ATTY. TYRONE D. AGABAS
Representative
6" District, Pangasinan


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 3995

Introduced by Representative TYRONE D. AGABAS

AN ACT

PROVIDING SUPPORT FOR THE SURVIVING SPOUSE AND CHILDREN
OF SLAIN JUSTICES AND JUDGES, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 910, AS AMENDED, ENTITLED “AN ACT TO
PROVIDE FOR THE RETIREMENT OF JUSTICES OF THE SUPREME
COURT AND OF THE COURT OF APPEALS, FOR THE ENFORCEMENT
OF THE PROVISIONS HEREOF BY THE GOVERNMENT SERVICE
INSURANCE SYSTEM, AND TO REPEAL COMMONWEALTH ACT
NUMBERED FIVE HUNDRED AND THIRTY-SIX”, AND APPROPRIATING
FUNDS THEREFOR

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

SECTION 1. Section 2 of Republic Act No. 910, as amended, is
hereby further amended to read as follows;

“SEC. 2. In case a Justice of the Supreme Court or 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, sharia’a
circuit court, or any other court hereafter established, dies
while in actual service, regardless of his/her age and length
of service as required in Section 1 hereof, his/her heirs shall

receive a lump sum of 5 (five) years’ gratuity computed on

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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 received by
him/her as such Justice or Judge: Provided, however, that
where the deceased Justice or Judge has rendered at least
fifteen (15) years SERVICE either in the Judiciary or in any
other branch of Government, or both, his/her heirs shall
instead be entitled to a lump sum of ten (10) years gratuity
computed on the same basis as indicated in this provision:
provided , further, that the lump sum of ten (10) years
gratuity shall be received by the heirs of the Justice or the
Judge who was killed because of his/her work as such:
provided, that the Justice or Judge has served in
Government for at least five (5) years regardless of age at the
time of death. WHEN A JUSTICEOR JUDGE IS KILLED BY
REASON OF THE PERFORMANCE OF OFFICIAL DUTY,
OR WHEN SUCH JUSTICE OR JUDGE IS KILLED
INTENTIONALLY WHILE IN SERVICE, REGARDLESS OF
AGE AT THE TIME OF DEATH OR THE NUMBER OF YEARS
SERVED IN GOVERNMENT OR THE JUDICIARY, THE
SURVIVING SPOUSE AND THE SURVIVING CHILDREN OF
THE SLAIN JUSTICE OR JUDGE SHALL ALSO BE
ENTITLED TO RECEIVE DURING THE RESIDUE OF THEIR
NATURAL LIVES ALSO IN THE MANNER HEREINAFTER
PROVIDED, THE SALARY PLUS THE HIGHEST MONTHLY
AGGREGATE OF TRANSPORTATION, REPRESENTATION
AND OTHER ALLOWANCES SUCH AS PERA AND
ADDITIONAL COMPENSATION ALLOWANCE WHICH ARE
RECEIVED BY AN ASSOCIATE JUSTICE OF THE SUPREME
COURT. When a Justice or Judge is killed intentionally while

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in service, the presumption is that the death is work-
related.”

SEC. 2. Section 3 of the same Act, as amended, is hereby further
amended to read as follows:

“SEC. 3. Upon retirement, a Justice of the Supreme Court or
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, sharia’a circuit court or any other court
hereafter established shall be automatically entitled to a
lump sum of five (5) years’ gratuity computed on the basis of
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
retirement, he/she shall receive a gratuity equivalent to ten
(10) years’ salary and the allowances aforementioned:
Provided, further, 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] FURTHER, That those

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who have retired with the attendance of any partial
permanent disability five (5) years prior to the effectivity of
this act shall be entitled to the same benefits provided herein
[.|: PROVIDED, FINALLY, THAT IF THE RETIRED JUSTICE
OR JUDGE IS KILLED BY REASON OF THE PERFORMANCE
OF OFFICIAL DUTY, THE SURVIVING SPOUSE AND
CHILDREN OF THE SLAIN JUDGE OR JUSTICE SHALL
RECEIVE ALL THE BENEFITS PROVIDED IN THIS SECTION
WHEN APPLICABLE, PLUS A GRATUITY EQUIVALENT TO
TEN (10) YEARS SALARY, LUMP SUM, TO BE COMPUTED
BASED ON ALL THE SALARIES AND OTHER BENEFITS OF
AN ASSOCIATE JUSTICE OF THE SUPREME COURT.

“Upon the death of a Justice or Judge of any court in
the Judiciary, if such Justice or Judge has retired, or was
eligible to retire optionally at the time of death, the surviving
legitimate spouse shall be entitled to receive all the
retirement benefits that the deceased Justice or Judge would
have received had the Justice or Judge not died. The
surviving spouse shall continue to receive such retirement
benefits until the surviving spouse’s death or remarriage.
UPON THE DEATH OF THE SURVIVING SPOUSE, THE
BENEFITS SUCH SPOUSE WAS RECEIVING UNDER THIS
SECTION SHALL BE TRANSFERRED TO THE SURVIVING
CHILDREN OF THESLAIN JUDGE OR JUSTICE.”

SEC. 3. Section 3-A of the same act, as amended, is hereby further

amended to read as follows:

“SEC.3-A. All pension benefits of retired members of the
judiciary OR THEIR SURVIVING SPOUSES AND CHILDREN

shall be automatically increased whenever there is an

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increase in the salary of the same position from which
he/she retired. IF THE SURVIVING SPOUSE AND
CHILDREN OF A SLAIN JUSTICE OR JUDGE HAVE NOT
RECEIVED THE FULL LUMP SUM DUE THEM WITHIN ONE
(1) YEAR FROM THE DEATH OF THE JUSTICE OR JUDGE,
ANY LUMP SUM STILL TO BE GRANTED TO THE
SURVIVING SPOUSE OR SURVIVING CHILDREN OF THE
SLAIN JUSTICE OR JUDGE SHALL BE COMPUTED BASED
ON THE DIFFERENCE BETWEEN THE AMOUNTS ALREADY
RECEIVED AND THE TEN (10)-YEAR LUMP SUM BASED ON
CURRENT RATES OF SALARIES, BENEFITS, ALLOWANCES
AND OTHER GRANTS GIVEN TO AN ASSOCIATE JUSTICE
OF THE SUPREME COURT.”

SEC. 4. Section 3-B of the same Act, as amended, is hereby further
amended to read as follows:

“SEC. 3-B. The benefits under this act shall be granted to all
those who have retired OR WERE KILLED BY REASON OF
THE PERFORMANE OF OFFICIAL DUTY prior to the
effectivity of this Act: Provided, that the benefits shall be
applicable only to members of the Judiciary OR THEIR
SURVIVING SPOUSES AND CHILDREN: Provided, further,
That the benefits to be granted shall be prospective.”

SEC. 5. The amount of necessary for the implementation of this
Act shall be charged against the available appropriations of the
Judiciary under the current General Appropriations Act.

Thereafter, such sums as may be necessary for its continued
implementation shall be included in the Annual General
Appropriations Act.

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SEC. 6. Within sixty (60) days from the approval of this Act, the
Secretary of Budget and Management, in consultation with the
Supreme Court, shall promulgate the necessary rules and
regulations for the effective implementation of this Act.

SEC. 7. In case of doubt, the interpretation of any of the provisions
of this Act, including its implementing rules and regulations, shall
be construed liberally in favor of the surviving spouse and children

of the slain Justice or Judge.

SEC. 8. 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 effect.

SEC. 9. 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. 10. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general
circulation.

Approved,

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