House to ratify bill granting additional retirement benefits for judges
To promote equity and maintain competence in the judiciary, Speaker prospero C. Nograles said the House of Representatives is set to ratify the proposed Act granting additional retirement, survivorship and other benefits to members of the judiciary under House Bill 6820.
Nograles said the bicameral report on the said judicial reform measure has been transmitted to the House Committee on Rules chaired by Majority Leader Arthur Defensor for proper plenary ratification either today or tomorrow, at the latest.
“It is crucial that we promote and maintain competence, equity and efficiency in the judicial system,” said Nograles, himself a principal author of one of the nine original and separate bills consolidated under HB 6820.
Once ratified by both chambers of Congress, the measure will immediately be transmitted to Malacanang for the President’s signature.
The proposed Act, under the reconciled bicameral committee report (HB 6820/SB 1620), covers the justices 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, Shari’a District Court, Shari’a Circuit Court, or any other court hereafter established.
The proposed law affects those who have rendered at least fifteen (15) years in the Judiciary or in any other branch of the Government, or in both, who (a) retires for having attained the age of seventy (70) years, or (b) resigns by reason of their incapacity to discharge the duties of their office as certified by the Supreme Court.
Those covered will receive during the residue of their natural lives, 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, they were receiving at the time of their retirement, or resignation.
Likewise, they will receive non-wage benefits in the form of education scholarship (free tuition fee in a state university or college) to one child of all justices and judges, provided that such grant will cover only one bachelor’s degree.
It also provides that when the covered members of the Judiciary have attained the age of sixty (60) years and have rendered at least fifteen (15) years service in the Government, the last three (3) of which shall have been continuously rendered in the judiciary, they shall likewise be entitled to retire and receive during the remaining years of their natural lives a pro-rata monthly pension.
The pro-rata computation will be the number of years in the government or judiciary divided by 15 years times (x) basic pay plus the highest monthly aggregate transportation, representation and other allowances.
However, the measure provides that no retiring justice or judge of the aforementioned courts or their surviving spouses receiving the benefit under the Act, during the time that they are 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 cases wherein an incumbent or former officer or employee of the Government is accused of an offense committed in relation to their office.
Furthermore, they cannot collect any fee for their appearance in any administrative proceedings to maintain an interest to the government, national, provincial or municipal, or any of its legally constituted officers.
The measure also provides lump sum gratuities to the justices’ or judges’ heirs computed on the basis of the highest monthly salary plus other benefits provided under the measure.
Before the recent recess in mid October, Majority Leader Defensor and Justice Committee chairman Mat Defensor made good their commitment in initiating the third and final reading approval of the measure even as the House plenary was in the thick of its marathon debate on the House-approved proposed 2010 P1.5-trillion General Appropriations Act.
Chairman Defensor pointed out that R.A. 910 “does not cover judges of the 1st and 2nd level courts whose duties and functions are equally important in the dispensation and administration of justice.
“This bill will place judges of the 1st and 2nd level courts on equal footing with the justices of the Supreme Court, the Court of Appeals, and other similar courts of justice,” chairman Defensor said.
By expanding its coverage to include trial court judges, the problem on vacancy of positions and high turn-over of judges who opt to engage in lucrative legal practice after gaining expertise in the judiciary will be addressed, the authors said.
Likewise, the measure will attract brilliant lawyers or members of the bar to join and serve in the judiciary. “With more competent trial court judges, the administration of justice will be enhanced and the delivery of judicial services to people will be greatly improved,” they said.
Aside from Speaker Nograles, Majority Leader Defensor and Justice Committee chairman Defensor, the other principal authors include Deputy Speakers Simeon Datumanong and Amelita Villarosa with Reps. Fredenil Castro, Raul T. Gonzalez, Jr., Carmencita Reyes, Mauricio Domogan, Edcel Lagman, Rufus Rodriguez, Manuel Agyao, Eduardo Joson, Ronald Singson, Eufrocino Codilla, Sr., Jose Yap, Pangalian Balindong, Edgardo Chatto, Giorgidi Aggabao, George Arnaiz, Victor Ortega, Pedro Romualdo, Jose Solis and Magtanggol Gunigundo I. (PR)
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