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[A.M. JBC No. 005.April 4, 2000]
LETTER OF JUDGE CESAR C. PERALEJO
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of the Court dated APR 4 2000.
A.M. JBC No. 005(Letter of Judge Cezar C Peralejo requesting that the claims for adjustment of retirement benefits under R.A. 910 be re-delegated to the GSIS.)
Presented to us for consideration is a letter dated February 11, 2000 of Judge Cezar C. Peralejo (ret.) requesting for clarification regarding the processing of retirement claims under R. A. 910, as amended.
The request of Judge Peralejo is a result of the denial of his claim for retirement benefits under R.A. No. 910 per resolution dated August 3, 1999. Judge Peralejo claimed that the retirement benefits under R. A. No. 910, as amended by R. A. No. 5095, extended to justices of the Supreme Court and Court of Appeals may be extended to him as a member of the JBC. Probably thinking that he would have a better chance with the GSIS, Judge Peralejo asks this Court "to request (the GSIS) for technical assistance" in the processing and adjudication of retirement claims under R. A. No. 910. He cites the GSIS Act of 1997 and Circular 7-97 of the GSIS.
However, Judge Peralejo seemed to have overlooked the clear language of R. A. No. 8291 and Circular 7-97 of the GSIS that provides that the GSIS shall discontinue the processing and adjudication of retirement claims under R. A. No. 910. Instead, the agencies concerned shall process and pay gratuities of their employees.
As to the request of Judge Peralejo that the Supreme Court request for technical assistance of the GSIS in the processing and adjudication of retirement claims under R. A. No. 910, assistance is not necessary since there is no technical question involved. The issue is legal and the Supreme Court is the supreme arbiter of legal questions.
IN VIEW WHEREOF, we DENY with finality the request of Judge Peralejo. We shall not entertain any further request for reconsideration or clarification in this case. Three (3) justices of the Court took no part.
Very truly yours,
LUZVIMINDA D. PUNO
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
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