March 1989 - Philippine Supreme Court Resolutions
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[ADM. MATTER NO. 88-11-3964-MTC : March 07, 1989] RE: REQUEST OF JUDGES TO CONSIDER THEIR SERVICES AS CONTINUOUS :
[ADM. MATTER NO. 88-11-3964-MTC : March 07, 1989]
RE: REQUEST OF JUDGES TO CONSIDER THEIR SERVICES AS CONTINUOUS
Gentlemen:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated March 7, 1989
"ADM. MATTER No. 88-11-3964-MTC -(Re: Request of Judges to consider their services as continuous)- Acting o the (a) request of Judge Concepcion v. Gonzaga, MTC, Sto. Tomas, Batangas, to allow her to file vacation leave for the gap of one (1) year and seven (7) months from the acceptance of her resignation on February, 1987, to her reappointment on September 23, 1988, so that her services as a judge be continuous and unbroken; and (b) applications for vacation leave of judge Ernani Cruz Pa�o, RTC, Pasig, Metro Manila, from November 4, 1986 to January 31, 1987; Judge Demetrio Batario, RTC, Manila, from November 4, 1986 to January 13, 1987, to cover the interregnum from the acceptance of their resignation to their reappointment so that their services as judges be continuous and unbroken, the Court Resolved (a) to DENY the request of Judge Concepcion V. Gonzaga, as recommended by the Court Administrator, it appearing that Judge was appointed only on September 28, 1988 nineteen (19) months after her separation from the service or long after the reorganization of the Courts by President Corazon C. Aquino had been completed, and further, even if she had leave credits sufficient to cover the interregnum between the acceptance of her resignation and her appointment to consider her as entitlement to receive the substantial salary increase made effective as of March 1987 as well as allowances during this period. Judge Gonzaga may, however, file an application for terminal leave for the said period, so that she may be paid the money value of said terminal leave; (b) APPROVE, as recommended by the Court Administrator, the vacation leaves of Judge Ernani Cruz Pa�o, Regional Trial Court, Pasig, Metro Manila, from November 4, 1986 to January 31, 1987; Judge Demetrio Batario, Regional Trial Court, Manila, from November 4, 1986 to January 31, 1987 and Judge Manuel Yuson, Regional Trial Court, Manila, from November 4, 1986 to January 13, 1987, and to consider their services as continuous and unbroken, in the light of the Judge Gibson Araula, Regional Trial Court, Larena, Siquijor in the 1983 Judicial Reorganization. These judges were reappointed during the process of the judicial reorganization, the last appointment being issued on January 31, 1987 before ratification of the 1987 Constitution on February 2, 1987; hence, Judge Ernani Cruz Pa�o, Judge Demetrio Batario and Judge Yuson were still incumbent judges at the time of the ratification of the New Constitution on February 2, 1987. As there was no change in the salaries and allowances in the judiciary during the interregnum, their leave credits may be applied to cover the gap so that they shall have an unbroken and continuous service.
"ADM. MATTER No. 88-11-3964-MTC -(Re: Request of Judges to consider their services as continuous)- Acting o the (a) request of Judge Concepcion v. Gonzaga, MTC, Sto. Tomas, Batangas, to allow her to file vacation leave for the gap of one (1) year and seven (7) months from the acceptance of her resignation on February, 1987, to her reappointment on September 23, 1988, so that her services as a judge be continuous and unbroken; and (b) applications for vacation leave of judge Ernani Cruz Pa�o, RTC, Pasig, Metro Manila, from November 4, 1986 to January 31, 1987; Judge Demetrio Batario, RTC, Manila, from November 4, 1986 to January 13, 1987, to cover the interregnum from the acceptance of their resignation to their reappointment so that their services as judges be continuous and unbroken, the Court Resolved (a) to DENY the request of Judge Concepcion V. Gonzaga, as recommended by the Court Administrator, it appearing that Judge was appointed only on September 28, 1988 nineteen (19) months after her separation from the service or long after the reorganization of the Courts by President Corazon C. Aquino had been completed, and further, even if she had leave credits sufficient to cover the interregnum between the acceptance of her resignation and her appointment to consider her as entitlement to receive the substantial salary increase made effective as of March 1987 as well as allowances during this period. Judge Gonzaga may, however, file an application for terminal leave for the said period, so that she may be paid the money value of said terminal leave; (b) APPROVE, as recommended by the Court Administrator, the vacation leaves of Judge Ernani Cruz Pa�o, Regional Trial Court, Pasig, Metro Manila, from November 4, 1986 to January 31, 1987; Judge Demetrio Batario, Regional Trial Court, Manila, from November 4, 1986 to January 31, 1987 and Judge Manuel Yuson, Regional Trial Court, Manila, from November 4, 1986 to January 13, 1987, and to consider their services as continuous and unbroken, in the light of the Judge Gibson Araula, Regional Trial Court, Larena, Siquijor in the 1983 Judicial Reorganization. These judges were reappointed during the process of the judicial reorganization, the last appointment being issued on January 31, 1987 before ratification of the 1987 Constitution on February 2, 1987; hence, Judge Ernani Cruz Pa�o, Judge Demetrio Batario and Judge Yuson were still incumbent judges at the time of the ratification of the New Constitution on February 2, 1987. As there was no change in the salaries and allowances in the judiciary during the interregnum, their leave credits may be applied to cover the gap so that they shall have an unbroken and continuous service.
Very truly yours,
(Sgd.) DANIEL T. MARTINEZ
Clerk of Court
(Sgd.) DANIEL T. MARTINEZ
Clerk of Court
