EIGHTEENTH CONGRESS: )
REPUBLIC OF THE PHILIPPINES ;

Second Regular Session
HOUSE OF REPRESENTATIVES
Introduced by Representative Rufus B. Rodriguez
House Bill No. 8547
EXPLANATORY NOTE

At present, there is no retirement law for our Judiciary officials with judicial rank, salary
and privileges. The existing retirement law for members of the Judiciary is Republic Act No.
910, as amended by Rep. Act No. 9946, which covers “Justices of the Supreme Court, the
Court of Appeals, the Sandiganbayan, or of the Court of Tax Appeals, or a Judge of the
Tegional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court,
sharia district court, shari'a circuit court or any other court hereafter established...”

In 1971, the Supreme Court en banc conferred judicial rank, salary and privileges to the
positions in the Office of the Clerk of Court (OCC) through Resolutions. After the effectivity in
1975 of Presidential Decree No. 828 establishing the Office of the Court Administrator (OCA)
and granting judicial rank, salary and privileges to the positions of Court Administrator and
uty Court Administrator (DCA), the Court continued to promulgate Resolutions granting
judicial rank, salary and privileges to positions in the OCC, the OCA, and the third level
collegiate courts (Court of Appeals, Sandiganbayan and Court of Tax Appeals) in recognition
of the invaluable support system in the administration of justice.

In 1986, Court Administrator Romeo Mendoza, with the rank, salary and privileges of the
Presi 2 of the Court of Appeals, applied to retire under Rep. Act No. 910, as

amended. Chief Justice Ramon C. Aquino approved the application and forwarded it to the
Government Service Insurance System (GSIS) for implementation. In 1993 Chief Justice
Andres R. Narvasa also approved the application of Clerk of Court Daniel T. Martinez to retire
under the same law. The Supreme Court en banc has also approved applications for
retirement under Rep. Act No. 910, as amended, through Resolutions that were also

forwarded to the GSiS for impiemeniation.

The GSIS Act of 1997, however, took Judiciary officials with judicial rank, salary and privileges
out of its coverage, except life insurance, and refunded their personal contribution to the GSIS
fund.

Rep. Act No. 9946 amended further Rep. Act No. 910 to provide more retirement benefits.
However, Sec. 3-B of the law limits its benefits to the Members of the Judiciary (Justices and
Judges) only.

The absence of a retirement law that expressly upholds the Resolutions of the Supreme Court
allowing Judiciary officials with judicial rank, salary and privileges to retire under Rep. Act No.
910, as amended, without limitation or qualification, resulted in the fragmented application of
the law.

In view of the foregoing, immediate approval of this measure is earnestly requested.

RUFUS B. Rt jUEZ


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

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus BR
House Bill No. 8547

AN ACT
PROVIDING FOR A RETIREMENT LAW FOR JUDICIARY OFFICIALS CONFERRED WITH
JUDICIAL RANK, SALARY AND PRIVILEGES, AMENDING FURTHER FOR THAT
PURPOSE REPUBLIC ACT NO. 910, AS AMENDED BY REPUBLIC ACT NO. 9946,
PROVIDING 7 FUNDS THEREFOR AND FOR OTHER PURPOSES

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

SECTION 4. IN ACCORDANCE WITH SUPREME COURT RESOLUTIONS DECLARING
REPUBLIC ACT NO. 910 AS THE RETIREMENT LAW FOR JUDICIARY OFFICIALS
CONFERRED BY RESOLUTION OF THE SUPREME COURT OR BY LAW WITH JUDICIAL
RANK, SALARY, AND PRIVILEGES, WHICH RESOLUTIONS THE SUPREME COURT
PROMULGATED IN THE INTERPRETATION AND APPLICATION OF ITS
CONSTITUTIONAL POWERS OF FISCAL AUTONOMY AND ADMINISTRATIVE
SUPERVISION OF COURTS AND COURT PERSONNEL, REPUBLIC ACT NO. 910, AS
AMENDED, SHALL BE THE RETIREMENT LAW FOR THE SAME OFFICIALS; PROVIDED,
THAT THE JUDICIARY OFFICIALS SHALL BE ENTITLED TO THE RETIREMENT
BENEFITS PRESCRIBED BY THIS ACT FOR THE MEMBERS OF THE JUDICIARY TO
WHOSE RANK THEIR RESPECTIVE POSITIONS ARE EQUATED BY SUPREME COURT
RESOLUTION OR BY LAW; PROVIDED FURTHER, THAT HENCEFORTH THE SAME
JUDICIARY OFFICIALS SHALL RETIRE COMPULSORILY AT AGE SEVENTY (70).

SEC. 2. Sections 3-A and 3-B of Republic Act No. 910, as amended by Republic Act No. 9946,
further to read as follows:

A. Ali pension ber of retired members of the Judiciary AND
JUDICIARY OFFICIALS WITH JUDICIAL RANK, SALARY AND
PRIVILEGES shall be automatically increased whenever there is an

increase in the salary AND ALLOWANCES of the same position from

which he/she retired.

"SEC. 3-B. The benefits under this Act shall be granted to ali those who
have retired prior to the effectivity of this Act, INCLUDING JUDICIARY
OFFICIALS WITH JUDICIAL RANK, SALARY AND PRIVILEGES WHO
COMPULSORILY RETIRED UNDER THIS ACT AT AGE SIXTY-FIVE (65)
IN ACCORDANCE WITH LAW AT THE TIME OF RETIREMENT, AND
THOSE WHO AVAILED THEMSELVES OF OPTIONAL OR DISABILITY
RETIREMENT UNDER THIS ACT; Provided, [That the benefits shall be
applicable only to members of the Judiciary, Provided further] That the
benefits to be granted shall be prospective."

3. The amount necessary for the initial implementation of this Act shall be charged
a the current year’s savings of the Judiciary. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the annual General.
Appropriations Act.



‘SEC. 4, All laws, decrees, orders, rules and regulations or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SEC. 5. This Act shall take effect fifteen (15) days following the completion of its publication
in the Official Gazette or any two (2) newspapers of general circulation.

Approved,