REPUBLIC ACT NO. 5095 - AN ACT
PROVIDING FOR RETIREMENT BENEFITS OF MUNICIPAL AND CITY JUDGES, FURTHER
AMENDING FOR THE PURPOSE CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED NINE
HUNDRED AND TEN, AS AMENDED
Section 1.
Section s one, two, three, four and five of Republic
Act Numbered Nine hundred and ten, as amended, are hereby further
amended to read as follows:
"Section 1. When a justice of the Supreme Court or of
the court of Appeals, a judge of Court of First Instance, Industrial
Relations, Agrarian Relations, Tax Appeals, Juvenile and Domestic
Relations, or a city or municipal judge who has rendered at least
twenty-five years 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 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, a judge of
Court of First Instance, Industrial Relations, Agrarian Relations, Tax
Appeals, Juvenile and Domestic Relations, or a city or municipal judge
has attained the age of sixty years and has rendered at least
twenty-five years of service in the Government, the last five of which
shall have been continuously rendered in the judiciary, he shall
likewise be entitled to retire and receive during the residue of his
natural life, also in the manner hereinafter provided, the salary which
he was then receiving. It is a condition of the pension provided herein
that no retiring justice or judge of a court of record or city or
municipal judge 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 assume an elective public office, he shall not, upon
assumption of office and during his term, receive the monthly pension
due him.
"Sec. 2. In case a justice of the Supreme Court or
Court of Appeals or a judge of the Court of First Instance, Industrial
Relations, Agrarian Relations, Tax Appeals, Juvenile and Domestic
Relations, city or municipal court dies while in actual service, his
heirs shall receive a lump sum equivalent to five years' salary based
upon the salary that said justice or judge was receiving at the time of
his demise, if reason of his length of service in the Government he was
already entitled to the benefits of this Act. The same benefits
provided in this section shall be extended 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, Juvenile and Domestic Relations, or city or municipal court,
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 upon other causes, such as illness or
permanent physical disability, to be certified to by the tribunal to
which the justice concerned belongs, or by the Secretary of Justice in
the case of an incumbent judge of the Court of First Instance, and
other similar court of records, or a city or municipal judge, which
render him incapacitated to continue his position.
"Sec. 3. Upon retirement, a justice of Supreme Court
or of the Court of Appeals, or a judge of the court of First Instance,
Industrial Relations, Agrarian Relations, Tax Appeals, Juvenile and
Domestic Relations, a city or municipal judge shall be automatically
entitled to a lump-sum payment of five years' salary based upon the
highest annual salary that said justice or judge has received and
thereafter, upon survival after the expiration of this period of five
years, 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: Provided, however, That if the
reason for the retirement be with attendance of any permanent
disability contracted during his incumbency in office and prior to the
date of retirement, he shall receive only a gratuity equivalent to ten
years' salary with no further annuity payable monthly during the rest
of the retiree's natural life.
"Sec. 4. A retiring justice, judge of a court of
record, or a city or municipal judge who is entitled to the benefits of
any prior retirement gratuity Act shall have the option to choose
between the benefits in such Acts and those herein provided for, and in
such case he shall be entitled only to the benefits so chosen:
Provided, however, That a justice, judge of a court of record, or a
city or municipal judge retired under any prior statement 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 fifty one, as
amended, until the gratuity already received by him shall have been
refunded in full.
"Sec. 5. The Government Service System shall take
charge of the enforcement and operation of this Act, and no justice of
the Supreme Court, of the Court of Appeals, or judge of the Court of
First Instance, Industrial Relations, Agrarian Relations, tax Appeals,
Juvenile and Domestic Relations, or city or municipal judge shall be
entitled to receive any gratuity or pension herein provided for unless
from the month following the approval of this Act, in case of an actual
incumbent, or from the month following his appointment and
qualification as such, in case of a future appointment, he shall have
contributed to the funds of the System by paying a monthly premium in
accordance with following rates, which fund shall also be made
available for the payment of the benefits of this Act:
Officials Rate per month
Municipal judges P40.00
All others 100.00"
Sec. 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.
Sec. 3. All Acts or part of Acts inconsistent
with the provisions of this Act are hereby repealed or modified
accordingly.
Sec. 4. This Act shall take effect upon its
approval.
Enacted without Executive
approval, June 17, 1967.
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