Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18" CONGRESS
First Regular Session

2327
HOUSE BILL NO.

Introduced by REP. EVELINA 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 | 1, 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 their
retirement gratuities.

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



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18" CONGRESS
First Regular Session

HOUSE BILL NO. 327

Introduced by REP. EVELINA G, ESCUDERO.

AN ACT.
AMENDING SECTIONS 2 AND 5 OF REPUBLIC ACT NO. 9227, OTHERWISE KNOWN AS
AN ACT GRANTING 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

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

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

“See. 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 (4) years.
The grant of special allowances shall be implemented uniformly in such sums or
amounts equivalent to twenty-five percent (25%) of the basic salaries of the positions
covered hereof. Subsequent implementation shall be in such sums and amounts and up.
to the extent only that can be supported by the funding source specified in Sec. 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 PERMANENT BASIS IN| ANY
MUNICIPALITY, CITY OR IN SUCH PROVINCES AS SULU AND OTHER
EQUALLY HAZARDOUS AREAS SHALL REC! SALARI
EMOLUMENTS, PERKS AND ALLOWANCES DOUBLE THOSE REC!

BY JUDGES OF THE SAME LEVEL WHO ARE ASSIGNED ELSEWHER
THE COUNTRY.



IN ADDITION, THE SAID JUDGES SHALL BE PROVIDED SECURITY
DETAILS OF NOT LESS THAN FIVE OR MORE THAN SEVEN POLICE
OFFICERS OR ELEMENTS OF THE ARMED FORCES. THE COSTS OF
MAINTAINING THE SECURITY DETAIL AFOREMENTIONED SHALL BE
SHARED IN EQUAL AMOUNTS BY AND SHALL BE TAKEN FROM THE
BUDGETS OF THE JUDICIAL DEPARTMENT AND THE PROVINCE
CONCERNED IN THE CASE OF THE REGIONAL TRIAL COURTS.

THE COSTS OF MAINTAINNG THE SECURITY DETAIL IN THE OTHER
LOCAL GOVERNMENT UNITS MENTIONED ABOVE SHALL BE SHARED
IN EQUAL AMOUNTS BY AND SHALL BE TAKEN FROM THE BUDGETS
OF THE JUDICIAL DEPARTMENT AND THE LOCAL GOVERNMENT
UNITS CONCERNED.

THE SHARES OF THE PROVINCES, THE CITIES OR THE
MUNICIPALITIES CONCERNED SHALL BE AUTOMATICALLY
DEDUCTED FROM THEIR INTERNAL REVENUE SHARES AT THE START.
OF EVERY FISCAL YEAR.

IN THE EVENT THAT JUDGES SO ASSIGNED AS DESCRIBED ABOVE
ARE KILLED IN THE LINE OF DUTY, THEIR HEIRS SHALL RECEIVE
DOUBLE THE BENEFITS THAT THE HEIRS OF JUDGES AS‘
ELSEWHERE IN THE COUNTRY WHO DIE IN THE LINE OF DU
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.

THE ADDITIONAL SALARIES, EMOLUMENTS, PERKS AND BENEFITS
SPECIFIED IN THIS ACT SHALL CONTINUE TO BE GRANTED TO THE,
JUDGES CONCERNED UNTIL THE SECURITY SITUATION IN THE
PLACES OF THEIR ASSIGNMENTS SHALL HAVE STABILIZED AS
CERTIFIED TO BY E COURT ADMINISTRATOR AND THE
SECRETARY OF THE DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENTS.”

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

¢. 5. Inclusion in the Computation of Retirement Benefits. — For purposes of
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 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, at the date of their retirement, be included in the computation
of their respective retirement benefits

THIS PROVISION SHALL LIKEWISE BE EXTENDED TO SURVIVING
JUSTICES, JUDGES AND ALL OTHER COURT OFFICIALS WITH THE
EQUIVALENT RANKS OF JUSTICE OF THE COURT OF APPEALS AND.
JUDGE OF THE REGIONAL TRIAL COURT WHO RETIRED PRIOR TO
NOVEMBER 11, 2003, THE DATE OF THE EFFECTIVITY OF THIS ACT

SEC. 3. Repealing Clause. - All laws, decrees, executive orders, proclamations, rules and
regulations, or parts thereof inconsistent herewith are hereby repealed or modified accordingly

SEC. 4. Effectivity Clause. -This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in any two (2) newspapers of general circulation

Approved,