September 2008 - Philippine Supreme Court Resolutions
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[A.M. No. 12535-Ret : September 15, 2008] RE: APPLICATION FOR RETIREMENT/GRATUITY BENEFITS UNDER REPUBLIC ACT NO. 910 AS AMENDED BY REPUBLIC ACT NO. 5095 AND PRESIDENTIAL DECREE NO. 1438 FILED BY MRS. CECILIA BUTACAN, SURVIVING SPOUSE OF THE LATE HON. JIMMY R. BUTACAN (FORMER JUDGE, MUNICIPAL TRIAL COURT IN CITIES, BRANCH 4, TUGUEGARAO CITY), WHO DIED ON JULY 28, 2005 :
[A.M. No. 12535-Ret : September 15, 2008]
RE: APPLICATION FOR RETIREMENT/GRATUITY BENEFITS UNDER REPUBLIC ACT NO. 910 AS AMENDED BY REPUBLIC ACT NO. 5095 AND PRESIDENTIAL DECREE NO. 1438 FILED BY MRS. CECILIA BUTACAN, SURVIVING SPOUSE OF THE LATE HON. JIMMY R. BUTACAN (FORMER JUDGE, MUNICIPAL TRIAL COURT IN CITIES, BRANCH 4, TUGUEGARAO CITY), WHO DIED ON JULY 28, 2005
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated 15 September 2008:
A.M. No. 12535-Ret. - Re: Application for Retirement/Gratuity Benefits under Republic Act No. 910 as amended by Republic Act No. 5095 and Presidential Decree No. 1438 filed by Mrs. Cecilia Butacan, surviving spouse of the late Hon. Jimmy R. Butacan (former Judge, Municipal Trial Court in Cities, Branch 4, Tuguegarao City), who died on July 28, 2005.
In the Resolution dated April 22, 2008, the Court held that heirs of the late Hon. Jimmy R. Butacan, former Judge of Municipal Trial Court in Cities (MTCC), Branch 4, Tuguegarao City, who died on July 28, 2005 should be entitled to gratuity benefits for the period starting June 19, 1995, when he assumed office as MTCC Judge until September 11, 2004, when the Decision of the Court of Appeals, affirming that of the Civil Service Commission (CSC) which ordered his dismissal from service, became final and executory.
The CSC in its Resolution dated April 12, 1996 found Butacan, then Chief of the Legal Division of CSC Regional Office No. 2, guilty of Gross Neglect of Duty and imposed upon him th& penalty of dismissal from the service with all accessory penalties including disqualification from holding public office and forfeiture of benefits. The Court of Appeals affirmed said Resolution on August 15, 2003 which Decision became final and executory on September 11,2004.
The Court in the April 22, 2008 Resolution held that the penalty of disqualification from holding public office and forfeiture of benefits which became final only on September 11, 2004 may not be applied retroactively. And even though Judge Butacan actually served the judiciary until his death in July 28, 2005, the Court also held he should be considered terminated from service in the judiciary as of September 11, 2004, as his appointment as MTCC judge is deemed conditional upon his exoneration of the CSC administrative charges against him.
In a Memorandum dated July 11, 2008, however, Court Administrator Jose P. Perez posed the question that since Judge Butacan died on July 28, 2005, yet he is considered terminated from the service on September 11, 2004, may the provisions of Sec. 2 of Republic Act (R.A.) No. 910, which provides that those who die in actual service shall be entitled to five year's gratuity, apply to him? Court Administrator Perez also pointed out that Judge Butacan would also not be qualified to retire optionally since he was only 53 years old with a little over 9 years of service in the judiciary as judge at the time of his separation from the service on September 11, 2004 which fell short of the required 60 years of age and 20 years government service under R.A. No. 910, as amended.
Since, Judge Butacan is deemed terminated on September 11, 2004, it follows he cannot be considered as having died in actual service as contemplated by R.A. No. 910. Nevertheless, his heirs should still be entitled to whatever benefits may be due him, if any, for the period that he is deemed to have rendered service, consistent with the ruling of the Court in the Resolution dated April 22, 2008.
Considering the foregoing, the Court resolves to amend the dispositive portion of the April 22, 2008 Resolution, as follows:
SO ORDERED.
A.M. No. 12535-Ret. - Re: Application for Retirement/Gratuity Benefits under Republic Act No. 910 as amended by Republic Act No. 5095 and Presidential Decree No. 1438 filed by Mrs. Cecilia Butacan, surviving spouse of the late Hon. Jimmy R. Butacan (former Judge, Municipal Trial Court in Cities, Branch 4, Tuguegarao City), who died on July 28, 2005.
RESOLUTION
In the Resolution dated April 22, 2008, the Court held that heirs of the late Hon. Jimmy R. Butacan, former Judge of Municipal Trial Court in Cities (MTCC), Branch 4, Tuguegarao City, who died on July 28, 2005 should be entitled to gratuity benefits for the period starting June 19, 1995, when he assumed office as MTCC Judge until September 11, 2004, when the Decision of the Court of Appeals, affirming that of the Civil Service Commission (CSC) which ordered his dismissal from service, became final and executory.
The CSC in its Resolution dated April 12, 1996 found Butacan, then Chief of the Legal Division of CSC Regional Office No. 2, guilty of Gross Neglect of Duty and imposed upon him th& penalty of dismissal from the service with all accessory penalties including disqualification from holding public office and forfeiture of benefits. The Court of Appeals affirmed said Resolution on August 15, 2003 which Decision became final and executory on September 11,2004.
The Court in the April 22, 2008 Resolution held that the penalty of disqualification from holding public office and forfeiture of benefits which became final only on September 11, 2004 may not be applied retroactively. And even though Judge Butacan actually served the judiciary until his death in July 28, 2005, the Court also held he should be considered terminated from service in the judiciary as of September 11, 2004, as his appointment as MTCC judge is deemed conditional upon his exoneration of the CSC administrative charges against him.
In a Memorandum dated July 11, 2008, however, Court Administrator Jose P. Perez posed the question that since Judge Butacan died on July 28, 2005, yet he is considered terminated from the service on September 11, 2004, may the provisions of Sec. 2 of Republic Act (R.A.) No. 910, which provides that those who die in actual service shall be entitled to five year's gratuity, apply to him? Court Administrator Perez also pointed out that Judge Butacan would also not be qualified to retire optionally since he was only 53 years old with a little over 9 years of service in the judiciary as judge at the time of his separation from the service on September 11, 2004 which fell short of the required 60 years of age and 20 years government service under R.A. No. 910, as amended.
Since, Judge Butacan is deemed terminated on September 11, 2004, it follows he cannot be considered as having died in actual service as contemplated by R.A. No. 910. Nevertheless, his heirs should still be entitled to whatever benefits may be due him, if any, for the period that he is deemed to have rendered service, consistent with the ruling of the Court in the Resolution dated April 22, 2008.
Considering the foregoing, the Court resolves to amend the dispositive portion of the April 22, 2008 Resolution, as follows:
WHEREFORE, the Court RESOLVES to grant the heirs of the late Judge Jimmy R. Butacan, Presiding Judge of the Municipal Trial Court in -Cities, Branch 43 Tuguegarao City, benefits that are due him, if any, for the service he has rendered from June 19, 1995 to September 11, 2004, from which sum shall be deducted the amount of P10,000.00 as fine in A.M. No. MTJ-00-1320 entitled "Antonio Bangayan v. Judge Jimmy Butacan."
SO ORDERED.
Very truly yours,
(Sgd.) LUCJTA ABJELINA-SORIANO
Clerk of Court
(Sgd.) LUCJTA ABJELINA-SORIANO
Clerk of Court
