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| REPUBLIC ACT NO. 2614 - AN ACT TO
AMEND SECTION ONE, TWO, THREE, FOUR, FIVE AND SIX OF REPUBLIC ACT
NUMBERED NINE HUNDRED AND TEN AS AMENDED BY REPUBLIC ACT NUMBERED ONE
THOUSAND FIFTY-SEVEN, ENTITLED "AN ACT TO PROVIDE FOR THE RETIREMENT OF
JUSTICES OF THE SUPREME COURT AND OF THE COURT OF APPEALS, FOR
ENFORCEMENT OF THE PROVISIONS HEREOF BY THE GOVERNMENT SERVICE
INSURANCE SYSTEM, AND TO REPEAL COMMONWEALTH ACT NUMBERED FIVE HUNDRED
AND THIRTY-SIX," TO MAKE ITS PROVISIONS APPLICABLE TO JUDGES OF THE
COURTS OF AGRARIAN RELATIONS, INDUSTRIAL RELATIONS, TAX APPEALS, FIRST
INSTANCE, AND JUVENILE AND DOMESTIC RELATIONS COURTS, AND FOR OTHER
PURPOSES |
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Section 1.
Sections one, two, three, four, five and six of Republic Act Numbered
Nine Hundred Ten are hereby amended to read as follows: "Section 1.
When a Justice of the Supreme Court or of the Court of Appeals or a
Judge of the Courts of First Instance, Industrial Relations, Agrarian
Relations, Tax Appeals or Juvenile and Domestic Relations who has
rendered at least twenty years' service, either 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
incapacity to discharge the duties of his office, he shall receive
during the residue of his natural life, in the manner hereinafter
provided, the salary which he was receiving at the time of his
retirement or resignation. And when a Justice of the Supreme court or
of the Court of Appeals or a Judge of the Court of First Instance,
Industrial Relations, Agrarian Relations, Tax Appeals or Juvenile and
Domestic Relations has attained the age of sixty-five years and has
rendered at least twenty years' service in the Government, fifteen or
more of which have been continuously rendered as such, he shall
likewise be entitled to retire and receive during the residue of his
natural life, in the manner also hereinafter prescribed, the salary
which he was then receiving. It is a condition of the pension provided
for herein that no retiring Justice or Judge of a Court of Record
during the time that he 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 officer or employee of the Government is
accused of an offense committed in relation to his Office, or collect
any fee for his appearance in any administrative proceedings to
maintain an interest adverse 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 entitled to the benefits of this act shall return to
public elective office, he shall not, upon assumption of office and
during his term, receive the monthly pension due him."
"Section 2. In
case a Justice of the Supreme Court or of the Court of Appeals dies
while in actual service, his heirs shall receive a lump sum equivalent
to five years salary based upon the salary that said Justice was
receiving at the time of his demise, if by reason of his length of
service in the government he was already entitled to the benefits of
this Act; and as to a Judge of the Court of First Instance, Industrial
Relations, Agrarian Relations, Tax Appeals, or Juvenile and Domestic
Relations who dies in actual service before he shall have attained the
age of seventy years, the lump sum allowable for death benefit shall be
only for three years based on the decedent's last salary which shall be
payable to his heirs in three equal annual installments, otherwise his
heirs shall only receive a lump sum equivalent to his last salary for
two years payable in two equal annual installments in addition to a
reimbursement of all premiums that he may have paid under this Act. The
same benefits provided in this section shall be extended according to
the foregoing schedule to any incumbent Justice of the Supreme Court or
of the Court of Appeals or a Judge of the Court of First Instance,
Industrial Relations, Agrarian Relations, Tax Appeals, or Juvenile and
Domestic Relations, as the case may be, who, without having attained
the length of service required in Section one hereof shall have to
retire upon reaching the age of seventy years, or for other causes,
such as illness, to be certified to by the tribunal to which the
Justice concerned belongs, or by the Secretary of Justice in case of an
incumbent Judge of the Court of First Instance and other similar Courts
of Record, which render him incapacitated to continue in his position."
"Section 3.
Upon retirement, a Justice of the Supreme Court or of the Court of
Appeals shall be automatically entitled to a lump payment of five years
salary based upon the last annual salary that said Justice was
receiving at the time of his retirement: Provided, That, as to a Judge
of the Court of First Instance, Industrial Relations, Agrarian
Relations, Tax Appeals, or Juvenile and Domestic Relations, the lump
sum payment shall be for three years salary based upon the last annual
salary, and thereafter upon survival after the expiration of this
period of five or three years, as the case may be, to a further annuity
payable monthly during the residue of his natural life equivalent to
the amount of the monthly salary he was receiving on the date of his
retirement."
"Section 4. A
retiring Justice or Judge who is entitled to the benefits of any prior
retirement gratuity Act shall have the option to choose between the
benefits in such Act and those herein provided for, and in such case he
shall be entitled only to the benefits so chosen: Provided, however,
That a Justice or Judge retired under any prior Act and who is
thereafter appointed to the Supreme Court or to the Court of Appeals or
to the Court of First Instance, Industrial Relations, Agrarian
Relations, Tax Appeals, or Juvenile and Domestic Relations, as the case
may be, shall be entitled to the benefits of this Act on condition
that, in case he has not fully refunded to the Government the gratuity
previously received by him, there shall be deducted from the amount
payable to him under this Act such monthly installments as are required
in section six of Act Numbered Four thousand and fifty-one, as amended,
until the gratuity already received by him shall have been refunded in
full."
"Section 5.
The Government Service Insurance System shall take charge of the
enforcement and operation of this Act, and so Justice of the Supreme
Court or of the Court of Appeals, Judge of the Court of First Instance,
Industrial Relations, Agrarian Relations, Tax Appeals, or Juvenile and
Domestic Relations shall be entitled to receive any gratuity or pension
herein provided unless from the month following the approval of this
Act, in case of an actual incumbent, or form the month following his
appointment and qualification as such, in case of future appointment,
he shall have contributed to the funds of the System by paying a
monthly premium of one hundred pesos, which fund shall also be made
available for the payment of the benefits of this Act."
"Section 6.
Commonwealth Act Numbered Five hundred and thirty-six and other
provision in conflict with this Act are hereby repealed."
Section 2. Such sum as may be necessary to carry out the purposes of this amendatory Act is hereby appropriated out of any funds in the National Treasury not otherwise appropriated. Section 3. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Section 4. This Act shall take effect upon its approval. Approved: August 1, 1959. |


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