Republic of the Philippines
HOUSE OF THE REPRESENTA’
Quezon City

17" Congress
Second Regular Session

House Bill No. 9897

ave

Introduced by REP. RODOLFO C. FARINAS

EXPLANATORY NOTE

This Bill seeks to amend the survivorship benefits in various retirement laws for
the Members of the Judiciary by granting survivorship benefits to the dependent
children of solo parent retirees, and the surviving parents, or nominated person/s
of the deceased retiree who died without issue. This is to ensure that the
deceased retiree's qualified beneficiaries are provided with comparative financial
resources after bereavement of the pensioner.

This proposed measure is in recognition of the variety of family composition that
has been undergoing fundamental changes in the present society. Families may
now consist of persons cohabiting without marriage with or without children,
solo parents as defined under Republic Act No. 8972 and their children, persons
who may not be related by blood but are bonded by “fictive kinship” or ties of
love, obligation, familiarity and responsibility. There has also been an increase in
the number of households headed by single persons. These changes should be
accompanied by appropriate legislation in order to further the state policy of
protecting and strengthening the family as the basic autonomous social
institution, : embody the core value of equality as stated in the Constitution,

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and to end discrimination of the law against single or unmarried retirees who are
qualified to retire under the law but are excluded from extending survivorship
pension to their parents, other kin, or other persons whom they consider as
family.

The enactment of this measure would be in consonance with the constitutional
mandate to review to upgrade the pensions and other benefits due to retirees
(Section 8, Art. XVI).

Retirement benefits serve as incentives to qualified civil servants. The Supreme
Court often states that retirement benefits “serve a public purpose and a primary
objective in establishing them is to induce competent persons to enter and
remain in public employment and render faithful and efficient service while so
employed.”

In view of the foregoing, the expedient approval of this Bill is earnestly sought.

,
notourbl FARINAS


Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

17 Congress
Second Regular Session

House Bill No._ 9897

Introduced by REP. RODOLFO C. FARINAS

AN ACT GRANTING SURVIVORSHIP BENEFITS TO THE
DEPENDENT CHILDREN OF A DECEASED RETIRED MEMBER OF
THE JUDICIARY, WHO IS A SOLO PARENT AS DEFINED UNDER

R.A. 8972, AND THE SURVIVING PARENTS, OR NOMINATED
PERSONS OF THE DECEASED RETIREE, AMENDING REPUBLIC NO.
910 AS AMENDED BY REPUBLIC ACT NO. 9946, AND FOR OTHER
PURPOSES

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

SECTION 1. Section 1 of the Republic Act No. 910 as amended by Republic
No. 9946, is hereby further amended to read as follows:

“SECTION 1. When a Justice of the Supreme Court, 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, municipal circuit trial court, shari’a district court, shari’a


circuit court, or any other court hereafter established who has
tendered at least fifteen (15) years of service in the Judiciary or in any
other branch of the Government, or in both, (a) retires for having
attained the age of seventy years, or (b) resigns by reason of his/her
incapacity to discharge the duties of his/her office as certified by the
Supreme Court, he/she shall receive during the residue of his/her
natural life, in the manner hereinafter provided, the salary which
plus the highest monthly aggregate of transportation, representation
and other allowances such as personal economic relief allowance
(PERA) and additional compensation allowance which he/she was
receiving at the time of his/her retirement, or resignation, and non-
wage benefit in the form of education scholarship to one (1) child of
all Justices and Judges to free tuition fee in a state university or
college: Provided, That such grant will cover only one (1) bachelor’s
degree.

When a Justice of the Supreme Court, 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,
municipal circuit trial court, shari’a district court, shari’a circuit
court, or any other court hereafter established has attained the age of
sixty (60) years and has rendered at least fifteen (15) years of service
in the Government, the last three (3) of which shall have been
continuously rendered in the Judiciary, he/she shall likewise be
entitled to retire and receive during the residue of his/her natural life
also in the manner hereinafter provided, the salary plus the highest
monthly aggregate of transportation, representation and other
allowances such as personal economic relief allowance (PERA) and
additional compensation allowance which he/she was then receiving
and the non-wage benefit in the form of education scholarship to one
(1) child of all Justices and Judges to free tuition fee in a state
university or college: Provided, however, That any Justice or Judge
with less than fifteen (15) years of service in the Government or
Judiciary, who shall retire due to reasons hereinabove provided, shall
be entitled to a pro-rata monthly pension computed as follows:


Number of years Basic pay plus the
in highest monthly
the Government or Judiciary x aggregate
transportation,
15 years representation and
other allowances
(PERA and additional

compensation
allowance)

“It is a condition of the pension provided for herein that no retiring
Justice or Judge of the aforementioned courts or his/her
BENEFICIARIES UNDER SECTION 3 HEREOF receiving the
benefits of this Act during the time that he/she is receiving said
pension shall appear as counsel before any court in any civil case
wherein the Government or any subdivision or instrumentality
thereof is the adverse party, or in any criminal case wherein an
incumbent or former officer or employee of the Government is
accused of an offense committed in relation to his/her office, or collect
any fee for his/her appearance in any administrative proceedings to
maintain an interest to the Government, national, provincial or
municipal, or to any of its legally constituted officers. It is also a
condition of the pension provided for herein that when a member of
the Judiciary or his/her BENEFICIARIES UNDER SECTION 3
HEREOF entitled to the benefits of this Act shall assume an elective
public office, he/she shall not, upon assumption of office and during
his/her term, receive the monthly pension due to him/her.”

SECTION 2. Section 2 of the same Act, 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, shari’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
BENEFICIARY OR BENEFICIARIES LISTED UNDER SECTION 3

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HEREOF shall receive a lump sum of five (5) years’ gratuity
computed on 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 either in the Judiciary
or in any other branch of Government, or both, his/her
BENEFICIARY OR BENEFICIARIES LISTED UNDER SECTION 3
HEREOF 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 BENEFICIARY OR
BENEFICIARIES LISTED UNDER SECTION 3 HEREOF 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 Justice or Judge is killed intentionally while in service, the
presumption is that the death is work-related.”

SECTION 3. 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 of 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, shari’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 salary plus 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 of retirement, he/she shall
receive a gratuity equivalent to ten (10) years’ salary and the
allowances aforementioned: Provided, further, That should — the
retirement under Section 1(a) hereof be with the attendance of any
partial permanent disability contracted during his/her incumbency
and prior to the date of retirement, he/she shall receive an additional
gratuity equivalent to two (2) years lump sum that he/she is entitled
to under this Act: Provided, furthermore, 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, That those 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.

“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.

IN CASE THE DECEASED 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, WAS SINGLE, THE RETIREMENT
BENEFITS SHALL BE PAID AS FOLLOWS:


a. WHEN THE DECEASED JUSTICE OR JUDGE WAS A SOLO
PARENT AS DEFINED UNDER REPUBLIC ACT 8972
SURVIVED BY DEPENDENT CHILDREN, INCLUDING
CHILDREN WHO HAVE REACHED THE AGE OF MAJORITY
BUT INCAPACITATED AND INCAPABLE OF SELF-SUPPORT
DUE TO MENTAL, PHYSICAL OR LEARNING DISABILITY,
THE CHILDREN SHALL BE ENTITLED TO RECEIVE, ON A
MONTHLY BASIS, ALL THE RETIREMENT BENEFITS THAT
THE DECEASED JUSTICE OR JUDGE WAS RECEIVING AT
THE TIME OF HIS/HER DEMISE UNDER THE PROVISIONS
OF APPLICABLE RETIREMENT LAWS THEN IN FORCE. THE
MINOR DEPENDENT CHILDREN SHALL BE DISQUALIFIED
FROM RECEIVING THE BENEFITS ONCE THEY REACH THE
AGE OF MAJORITY. ANY SUBSEQUENT DEATH, OR
DISQUALIFICATION OF ANY OF THE DEPENDENT
CHILDREN SHALL NOT RESULT IN THE ACCRUAL OF THE
FORFEITED BENEFITS TO THE OTHER BENEFICIARIES.

b. WHEN THE JUSTICE OR JUDGE DIED WITHOUT ISSUE,
THE SURVIVING PARENTS, IF ANY, OR ANY PERSON OR
PERSONS NOMINATED BY THE JUSTICE OR JUDGE PRIOR
TO OR ON THE DATE OF HIS/HER RETIREMENT SHALL
RECEIVE, ON A MONTHLY BASIS, ALL THE RETIREMENT
BENEFITS THAT THE DECEASED JUSTICE OR JUDGE WAS
RECEIVING AT THE TIME OF HIS/HER DEMISE UNDER
THE PROVISIONS OF APPLICABLE RETIREMENT LAWS
THEN IN FORCE; PROVIDED, THAT THE NOMINEES
SHALL BE LIMITED TO TWO (2) PERSONS ONLY;
PROVIDED, FURTHER, THAT IF THE BENEFICIARIES ARE
RECEIVING BENEFITS UNDER EXISTING RETIREMENT
LAWS, THEY SHALL ONLY BE ENTITLED TO THE
DIFFERENCE BETWEEN THE AMOUNT PROVIDED FOR IN
THIS ACT AND THE BENEFITS THEY ARE RECEIVING. ANY
SUBSEQUENT DEATH, OR DISQUALIFICATION OF ANY OF
THE FOREGOING BENEFICIARIES SHALL NOT RESULT IN


THE ACCRUAL OF THE FORFEITED BENEFITS TO THE
OTHER BENEFICIARIES.”

SECTION 4. Funds for the initial implementation of this Act shall be taken
out of the current year’s savings of the Judiciary. Thereafter, the amounts
needed for the continued implementation hereof shall be included in the
General Appropriations Act.

SECTION 5. All laws, decrees, orders, rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SECTION 6. The Act shall take effect fifteen (15) days after publication in
the Official Gazette or in two (2) newspaper of national circulation.

Approved,