Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1998 > August 1998 Decisions > A.M. No. 9777-Ret August 26, 1998 - TESSIE L. GATMAITAN:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[A.M. No. 9777-Ret. August 26, 1999.]

Request of Clerk of Court TESSIE L. GATMAITAN, Court of Appeals, for payment of retirement benefits of Hon. Court of Appeals Associate Justice Jorge S. Imperial (Acting Presiding Justice), based on the salary and allowances of a Presiding Justice.


R E S O L U T I O N


PURISIMA, J.:


At bar is a question of utmost importance not only to retired Associate Justice Jorge S. Imperial of the Court of Appeals but to the entire Court of Appeals, the second highest Court of this Republic, as well.chanrobles.com : virtual law library

On January 25, 1999, Atty. Tessie L. Gatmaitan, Clerk of Court of the Court of Appeals, addressed the following letter to the Honorable Chief Justice, to wit:jgc:chanrobles.com.ph

"This letter refers to the forthcoming retirement of February 4, 1999 of Acting Presiding Justice Jorge S. Imperial.

Upon the promotion of Justice Arturo B. Buena to the Supreme Court on January 5, 1999, the most senior Associate Justice Jorge S. Imperial assumed the position of Acting Presiding Justice of this Court, by operation of law, pursuant to Section 8-a, Rule 1 of the Revised Internal Rules of the Court of Appeals which provides:jgc:chanrobles.com.ph

"SECTION 8. Application of the Rule on Precedence. — The rule on precedence shall be observed and applied in the following instances:chanrob1es virtual 1aw library

a. In case of vacancy in the office of the Presiding Justice or in the event of his absence or inability to perform the powers, functions and duties of his office, the Associate Justice who is first in precedence shall perform his powers, functions, and duties until such disability is removed or another Presiding Justice is appointed and has qualified."cralaw virtua1aw library

Consequently, Acting Presiding Justice Imperial now receives the salary and allowance of the Presiding Justice.chanrobles virtual lawlibrary

Moreover, Sec. 3, Presidential Decree 1438 amending R.A. 910 as amended by R.A. 5095 states that upon retirement, a justice of the Court of Appeals ‘. . . shall be automatically entitled to a lump sum of five years gratuity computed on the basis of the highest monthly salary plus the highest monthly aggregate of transportation, living and representation allowances he was receiving on the date of his retirement . . .’

Considering the foregoing, advice is therefore respectfully requested on the propriety/validity of computing Justice Imperial’s compulsory retirement benefits based on the salary and allowances of a Presiding Justice.

x       x       x"

On February 1, 1999, there was received by the Court from Court Administrator Alfredo L. Benipayo a memorandum for the Chief Justice, recommending that the aforesaid request of Atty. Tessie L. Gatmaitan on the "propriety/validity of computing the compulsory retirement benefits of Justice Jorge S. Imperial on the basis of the salary and allowances of a Presiding Justice", be denied.

In the same memorandum, the Court Administrator quoted in part Section 9 of Executive Order No. 964 dated June 22, 1984, thus:jgc:chanrobles.com.ph

"SECTION 9. — Highest Basic Salary Rate. — The compensation of salary or pay which may be used in computing retirement benefits shall be limited to the highest basic salary rate actually received by an official/employee as fixed by law and/or indicated in his duly approved appointment . . ."cralaw virtua1aw library

and Section 259 of Government Auditing Rules and Regulations which reads:jgc:chanrobles.com.ph

"SECTION 259. Retirement. — Government employees holding two or more positions retire only from his regular or main position and not from his additional position or positions and consequently, the salaries attached to the additional positions will not be included in the computation of the gratuity or annuity of the employee (CSC MC 40, s. 1989)." chanroblesvirtualawlibrary

After a careful study, it is submitted that the provisions of law cited by the Court Administrator are not applicable to the case under consideration.

To begin with, it is undisputed that on January 5, 1999, upon the promotion of the then Acting Presiding Justice Arturo B. Buena to this Court, Justice Imperial became the Acting Presiding Justice of the Court of Appeals, performed the duties and received the salary of Presiding Justice of the Court of Appeals, pursuant to Section 5 of BP Blg. 129 otherwise known as The Judiciary Reorganization Act of 1980, and Section 8(a), Rule 1 of the Revised Internal Rules of the Court of Appeals (RIRCA).

Section 5 of BP 129 reads:jgc:chanrobles.com.ph

"SECTION 5. Succession to Office of Presiding Justice. — In case of a vacancy in the Office of the Presiding Justice or in the event of his absence or inability to perform the powers, functions, and duties of his office, the Associate Justice who is first in precedence shall perform his powers, functions, and duties until such disability is removed, or another Presiding Justice is appointed and has qualified."cralaw virtua1aw library

Section 8 (a) of the RIRCA provides:jgc:chanrobles.com.ph

"SECTION 8. Application of the Rule on Precedence. — The rule on precedence shall be observed and applied in the following instances:chanrob1es virtual 1aw library

a. In case of vacancy in the office of the Presiding Justice or in the event of his absence or inability to perform the powers, functions, and duties of his office the Associate Justice who is first in precedence shall perform his powers, functions, and duties until such disability is removed or another Presiding Justice is appointed and has qualified."cralaw virtua1aw library

It bears stressing, in this connection, that the said RIRCA was adopted by the Court of Appeals in a session En Banc, pursuant to the pertinent provision of Section 12 of BP Blg. 129 and became effective on August 18, 1988, fifteen (15) days after submission thereof to this Supreme Court. It is therefore decisively clear that Justice Imperial became Acting Presiding Justice of the Court of Appeals by operation of law, at a time when the position of Presiding Justice of the Court of Appeals was vacant. He served, as such, from January 5 to February 4, 1999, upon reaching the compulsory retirement age of seventy years, and after serving the judiciary for a period of 36 years, 3 months and 29 days, as City Judge of Legaspi City, Judge of the Court of First Instance of Albay, Judge of the Regional Trial Court of Manila and Associate Justice of the Court of Appeals, respectively. From January 5 to February 4, 1999, he received the full salary, emolument and allowances of a Presiding Justice, which the COA allowed in audit.chanrobles virtual lawlibrary

Justice Imperial was not the only Acting Presiding Justice of the Court of Appeals who was paid the salary, emolument and allowances of a Presiding Justice. Records of the Court of Appeals, as certified to by the Chief of the Fiscal Management and Budget Division and Chief of Management Audit Division, indubitably show that the following justices also served as Acting Presiding Justice and were paid the salary, emolument and allowances of a Presiding Justice, namely:chanrob1es virtual 1aw library

1. Justice Ramon G. Gaviola, Jr. — 04-22-80 to 01-17-83

2. Justice Oscar R. Victoriano — 02-02-88 to 04-19-88

3. Justice Jose A.R. Melo — 12-03-91 to 08-09-92

4. Justice Santiago M. Kapunan — 08-10-99 to 09-06-93

5. Justice Vicente V. Mendoza — 01-11-94 to 03-21-94

6. Justice Fidel P. Purisima — 08-04-97 to 01-26-98

7. Justice Arturo B. Buena — 01-27-98 to 01-04-99

Indeed, from 1980 to the present, the Commission on Audit has consistently allowed in audit the payment of the salary, emolument and allowances of a Presiding Justice to the above-named justices while serving as acting Presiding Justice of the Court of Appeals.chanrobles.com.ph : virtual law library

Then, too, under Rep. Act No. 910 otherwise known as AN ACT TO PROVIDE FOR THE RETIREMENT OF JUSTICES OF THE SUPREME COURT AND OF THE COURT OF APPEALS, FOR THE ENFORCEMENT OF THE PROVISIONS HEREOF BY THE GOVERNMENT SERVICE INSURANCE SYSTEM, AND TO REPEAL COMMONWEALTH ACT NUMBERED FIVE HUNDRED AND THIRTY-SIX, it is expressly provided that a retiring justice of the Supreme Court or of the Court of Appeals is entitled to computation of his retirement pay on the basis of his salary, at the time of retirement. And to repeat, under Section 3 of PD 1438, amending Rep. Act 910, as amended by RA 5095, a justice of the Court of Appeals:jgc:chanrobles.com.ph

". . . shall be automatically entitled to a lump sum payment of five years gratuity computed on the basis of the highest monthly salary plus the highest monthly aggregate of transportation, living and representation allowances he was receiving on the date of his retirement . . ."cralaw virtua1aw library

It is thus beyond cavil that the right of Justice Imperial and the other justices above-mentioned as Acting Presiding Justice of the Court of Appeals, to receive the salary, emolument and allowances of a Presiding Justice during their acting incumbency, as such, is of statutory origin and not by mere designation, as contended by the Court Administrator.

Memorandum Circular No. 3-97 issued on July 7, 1997 by the Government Service Insurance System (GSIS) also buttress the submission that a retiring justice of the Court of Appeals, like former Justice Jorge S. Imperial, is entitled to retirement benefits computed on the basis of the highest salary, emolument and allowances received. The said GSIS Memorandum Circular succinctly directs that in the processing and adjudication of retirement claims under Section 12 (c) of RA 1616, as further amended by RA 4968, the computation of the gratuity payable to a retiring government official or employee shall be on the basis of highest salary received.

Verily, retirement benefits, gratuity and separation pay in the government service are invariably computed on the basis of the highest salary, emolument and allowances received. There is no valid reason why the retirement benefits of Justice Jorge S. Imperial who, as earlier mentioned, spent more than thirty-six (36) years of the best years of his life in the judiciary, should not be computed on the basis of the highest salary, emolument and allowances he received as Acting Presiding Justice of the Court of Appeals.chanroblesvirtual|awlibrary

It is well-settled that:jgc:chanrobles.com.ph

". . . Retirement laws are liberally interpreted in favor of the retiree because their intention is to provide for his sustenance and hopefully even comfort, when he no longer has the stamina to continue earning his livelihood. The liberal approach aims to achieve the humanitarian purposes of the law in order that efficiency, security and well-being of government employees may be enhanced." 1

WHEREFORE, the Court hereby grants the request of Atty. Tessie L. Gatmaitan, Clerk of Court of the Court of Appeals, to compute and pay the retirement benefits of former Justice Jorge S. Imperial on the basis of the highest salary, emolument and allowances received by him, as of the time of his retirement from the judiciary on February 4, 1999.

SO ORDERED.

Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Pardo, Buena, Gonzaga-Reyes and Ynares-Santiago, JJ., concur.chanroblesvirtuallawlibrary:red

Endnotes:



1. In re: Monthly Pension of Judges and Justices, 190 SCRA 315; Bengson v. Drilon, 208 SCRA 133 and Profeta v. Drilon, 216 SCRA 777, 783.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






August-1998 Jurisprudence                 

  • G.R. No. 96453 August 4, 1998 - NATIONAL FOOD AUTHORITY, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122339 August 4, 1998 - PEOPLE OF THE PHIL. v. LOVEN DAGANTA

  • G.R. No. 131429 August 4, 1998 - OSCAR BERMUDEZ v. RUBEN TORRES

  • A.M. No. RTJ-99-1467 August 5, 1998 - SAMUEL D. PAGDILAO v. ADORACION G. ANGELES

  • G.R. No. 119385 August 5, 1998 - NATIONAL TOBACCO ADMINISTRATION, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 119956 August 5, 1998 - PEOPLE OF THE PHIL. v. CRESENTE NAPIOT

  • G.R. No. 128632 August 5, 1998 - MSF TIRE AND RUBBER v. COURT OF APPEALS, ET AL.

  • G.R. No. 133366 August 5, 1998 - UNIONBANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • A.M. No. RTJ-98-1416 August 6, 1998 - REYNALDO V. ABUNDO v. GREGORIO E. MANIO JR.

  • G.R. No. 86963 August 6, 1998 - BATONG BUHAY GOLD MINES v. DIONISIO DELA SERNA, ET AL.

  • G.R. No. 129049 August 6, 1998 - BALTAZAR G. CAMPOREDONDO v. NLRC, ET AL.

  • G.R. No. 134602 August 6, 1998 - RAMONA T. LOGRONIO v. ROBERTO TALESEO

  • G.R. No. 136426 August 6, 1998 - E.B. VILLAROSA & PARTNER CO. v. HERMINIO I. BENITO, ET AL.

  • G.R. Nos. 105965-70 August 9, 1998 - GEORGE UY v. SANDIGANBAYAN, ET AL.

  • G.R. No. 130214 August 9, 1998 - ISMAEL A. MATHAY v. CIVIL SERVICE COMMISSION

  • G.R. Nos. 96663 & 103300 August 10, 1998 - PEPSI - COLA PRODUCTS PHIL. v. SECRETARY OF LABOR, ET AL.

  • G.R. No. 125132 August 10, 1998 - PHILEX MINING CORP. v. NLRC, ET AL.

  • G.R. No. 125397 August 10, 1998 - PEOPLE OF THE PHIL. v. NESTOR MOLINA

  • G.R. Nos. 131261-62 August 10, 1998 - PEOPLE OF THE PHIL v. AUGUSTO CESAR RAMOS

  • G.R. No. 132690 August 10, 1998 - PEOPLE OF THE PHIL. v. JAIME IBAY

  • G.R. No. 133140 August 10, 1998 - JOSE MA. T. GARCIA v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-98-1162 August 11, 1998 - ANA MAY M. SIMBAJON v. ROGELIO M. ESTEBAN

  • A.M. No. MTJ-99-1181 August 11, 1998 - IN RE: ADMINISTRATIVE MATTER NO. MTJ-99-1181

  • G.R. Nos. 96618-19 August 11, 1998 - PEOPLE OF THE PHIL. v. PINKER JOSEPH BAUTISTA

  • G.R. No. 107369 August 11, 1998 - JESULITO A. MANALO v. PEDRO G. SISTOZA, ET AL.

  • G.R. Nos. 122550-51 August 11, 1998 - PEOPLE OF THE PHIL. v. WINEFRED ACCION

  • G.R. No. 130617 August 11, 1998 - MA. LIZA DE GUZMAN v. NLRC, ET AL.

  • Adm. Case No. 5105 August 12, 1998 - FERNANDO SALONGA v. ISIDRO T. HILDAWA

  • A.M. No. P-99-1330 August 12, 1998 - CLARITA I. DIONISIO v. PACIFICO S. GILERA, ET AL.

  • G.R. Nos. 115981-82 August 12, 1998 - RUBEN LAGROSA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 123265-66 August 12, 1998 - PEOPLE OF THE PHIL. v. JOEMAR C. QUILANG

  • G.R. No. 123486 August 12, 1998 - EUGENIA RAMONAL CODOY, ET AL. v. EVANGELINE CALUGAY, ET AL.

  • G.R. No. 134792 August 12, 1998 - PERLA GARCIA, ET AL. v. HARRY ANGPING, ET AL.

  • G.R. No. 131209 August 13, 1998 - ARCANGEL GUTIB v. COURT OF APPEALS, ET AL.

  • G.R. No. 132893 August 13, 1998 - PETER C. CHUA LAO v. ALFREDO N. MACAPUGAY

  • A.M. No. RTJ-99-1470 August 16, 1998 - VILLA MACASASA, ET AL. v. FAUSTO H. IMBING

  • G.R. No. 103065 August 16, 1998 - JUAN DE CARLOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 124382 August 16, 1998 - PASTOR DIONISIO V. AUSTRIA v. NLRC, ET AL.

  • G.R. No. 127754 August 16, 1998 - PEOPLE OF THE PHIL. v. ANTONIO DESOY, ET AL.

  • G.R. No. 135886 August 16, 1998 - VICTORINO SALCEDO II v. COMELEC, ET AL.

  • G.R. No. 136121 August 16, 1998 - MACTAN CEBU INTERNATIONAL AIRPORT AUTHORITY v. FRANCISCA CUIZON MANGUBAT, ET AL.

  • A.M. No. MTJ-98-1161 August 17, 1998 - HONESTO RICOLCOL v. RUBY BITHAO CAMARISTA

  • G.R. No. 96092 August 17, 1998 - PEOPLE OF THE PHIL. v. ALEXANDER BAUTISTA

  • G.R. No. 104955 August 17, 1998 - PEOPLE OF THE PHIL. v. HECTOR DOMINGO, ET AL.

  • G.R. No. 109941 August 17, 1998 - PACIONARIA C. BAYLON v. COURT OF APPEALS, ET AL.

  • G.R. No. 112330 August 17, 1998 - HENRY CO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127348 August 17, 1998 - LYDIA R. LAPAT v. JOSEFINO ROSARIO

  • G.R. Nos. 131861-63 August 17, 1998 - PEOPLE OF THE PHIL. v. BENJAMIN B. LIM

  • G.R. No. 132577 August 17, 1998 - PEOPLE OF THE PHIL. v. HUBERT JEFFREY P. WEBB

  • G.R. No. 133047 August 17, 1998 - LORENZO YAP v. COURT OF APPEALS, ET AL.

  • G.R. No. 135046 August 17, 1998 - LAARNI BAUTISTA, ET AL. v. PILAR DEV’T. CORP.

  • G.R. No. 128827 August 18, 1998 - PEOPLE OF THE PHIL. v. ROLANDO R. CAYAGO

  • G.R. No. 128966 August 18, 1998 - PEOPLE OF THE PHIL. v. EDWIN DE VERA

  • G.R. No. 129694 August 18, 1998 - PEOPLE OF THE PHIL. v. ALFREDO MANTE

  • G.R. No. 119380 August 19, 1998 - PEOPLE OF THE PHIL. v. FEDERICO LOPEZ

  • G.R. No. 123123 August 19, 1998 - EDWIN CADUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 124348 August 19, 1998 - DOMINADOR SANCHEZ v. NLRC, ET AL.

  • G.R. No. 130637 August 19, 1998 - PEOPLE OF THE PHIL. v. DAVID ANDALES

  • G.R. No. 131457 August 19, 1998 - CARLOS O. FORTICH, ET AL. v. RENATO C. CORONA, ET AL.

  • G.R. No. 132426 August 19, 1998 - PUBLIC ESTATES AUTHORITY v. JOSE F. CAOIBES, ET AL.

  • G.R. No. 135216 August 19, 1998 - TOMASA VDA. DE JACOB v. COURT OF APPEALS, ET AL.

  • G.R. No. 119307 August 20, 1998 - PEOPLE OF THE PHIL. v. RENANTE SISON

  • G.R. No. 126413 August 20, 1998 - ANTONIO C. MARTINEZ v. PEOPLE OF THE PHIL, ET AL.

  • G.R. No. 128889 August 20, 1998 - PEOPLE OF THE PHIL. v. AVELINO DIZON

  • G.R. No. 113363 August 24, 1998 - ASIA WORLD RECRUITMENT INC. v. NLRC, ET AL.

  • G.R. No. 134142 August 24, 1998 - SANTANINA TILLAH RASUL v. COMELEC, ET AL.

  • A.M. No. 98-3-34-MeTC August 25, 1998 - REPORT ON THE SPOT JUDICIAL AUDIT CONDUCTED IN METROPOLITAN TRIAL COURT

  • A.M. No. 99-5-18-SC August 25, 1998 - RE: PETITION FOR UPGRADING OF COURT OF APPEALS POSITIONS

  • A.M. No. 99-8-108-MCTC August 25, 1998 - HOLD DEPARTURE ORDER ISSUED BY JUDGE EUSEBIO M. BAROT

  • G.R. No. L-77468 August 25, 1998 - EDUARDO LUCENA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 108169 August 25, 1998 - VENANCIO DAVID, ET AL. v. ALEJANDRO TIONGSON, ET AL.

  • G.R. No. 125524 August 25, 1998 - BENITO MACAM v. COURT OF APPEALS, ET AL.

  • G.R. No. 127195 August 25, 1998 - MARSAMAN MANNING AGENCY v. NLRC, ET AL.

  • G.R. No. 127318 August 25, 1998 - FRANCIS KING L. MARQUEZ v. COMELEC, ET., AL.

  • G.R. No. 131151 August 25, 1998 - PEOPLE OF THE PHIL. v. EDGAR LOPEZ

  • G.R. No. 135084 August 25, 1998 - MANUEL V. OLONDRIZ v. COMELEC, ET AL.

  • A.M. No. 9777-Ret August 26, 1998 - TESSIE L. GATMAITAN

  • G.R. No. 105854 August 26, 1998 - ANIANO E. IJARES v. COURT OF APPEALS, ET AL.

  • G.R. No. 121087 August 26, 1998 - FELIPE NAVARRO v. COURT OF APPEALS, ET AL.

  • G.R. No. 125735 August 26, 1998 - LORLENE A. GONZALES v. NLRC, ET AL.

  • G.R. No. 126875 August 26, 1998 - MARIANO BRUSAS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130608 August 26, 1998 - PEOPLE OF THE PHIL. v. ARTHUR DELA CRUZ

  • G.R. No. 132294 August 26, 1998 - DELFIN R. VOLUNTAD, ET AL. v. MAGTANGGOL DIZON, ET AL.

  • G.R. No. 134298 August 26, 1998 - RAMON C. TAN v. PEOPLE OF THE PHIL.

  • G.R. No. 135128 August 26, 1998 - BONIFACIO SANZ MACEDA v. DBP, ET AL.

  • A.M. No. 99-7-20-SC August 27, 1998 - RESOLUTION DESIGNATING BRANCH 10 OF THE REGIONAL TRIAL COURT OF CEBU CITY AS A SPECIAL COURT

  • G.R. No. 108765 August 27, 1998 - SSSEA (PSLINK-TUCP) v. PERLITA BATHAN-VELASCO, ET AL.

  • G.R. No. 131116 August 27, 1998 - PEOPLE OF THE PHIL. v. ANTONIO L. SANCHEZ, ET AL.

  • G.R. No. 132413 August 27, 1998 - RAMON ALQUIZOLA, ET AL. v. GALLARDO OCOL, ET AL.

  • G.R. No. 126252 August 30, 1998 - PEOPLE OF THE PHIL. v. JESUS GARCIA

  • G.R. No. 130091 August 30, 1998 - PEOPLE OF THE PHIL v. ELINO NAGUITA, ET AL.

  • G.R. No. 136587 August 30, 1998 - ERNESTO A. DOMINGO v. COMELEC, ET AL.

  • G.R. No. 137113 August 30, 1998 - NOEL F. CIACICO v. NLRC, ET AL.

  • G.R. Nos. 94285 & 100313 August 31, 1998 - JESUS SY, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123825 August 31, 1998 - MARK ROCHE INTERNATIONAL, ET AL. v. NLRC, ET AL.

  • G.R. No. 127064 August 31, 1998 - FIVE STAR BUS COMPANY INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132425 August 31, 1998 - THE REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132803 August 31, 1998 - JESSIE V. PISUEÑA v. PETRA UNATING, ET AL.

  • G.R. No. 134625 August 31, 1998 - U.P. BOARD OF REGENTS v. COURT OF APPEALS, ET AL.