WHEREAS,
Justices and Judges are granted transportation, living and
representation allowances from national and/or local funds as
authorized by existing laws, rules and regulations;chanroblesvirtualawlibrary
WHEREAS, said allowances are not included in the computation of the
retirement benefits of Justices and Judges, although they constitute
integral part of their remuneration; and
WHEREAS, Justices and Judges, in view of the highly sensitive nature of
their offices should be able, as much as possible, to perform their
official duties free from any anxiety of financial strain or stress in
their future lives and activity as private citizens.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution do hereby
order and decree:cralaw:red
Section 1. Section 2 and 3 of R.A. 910 as amended by
R.A. 5095 are hereby amended to read as follows:cralaw:red
"Sec. 2. In case of a justice of the Supreme Court
or Court of Appeals or a judge of the Court of First Instance, Circuit
Criminal Court, Agrarian Relations, Tax Appeals, Juvenile and Domestic
Relations, city or municipal court, or any other court hereafter
established, dies while in actual service, his heirs shall receive 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 received by him as such Justice or
Judges, if by reason of his length of service in the Government he was
already entitled to the benefits of this Act. The same benefits
provided for in this section shall be extended to any incumbent justice
of the Supreme Court or the Court of Appeals, or a judge of the Court
of First Instance, Circuit Criminal Court, Agrarian Relations, Tax
Appeals, Juvenile and Domestic Relations, or city or municipal court,
or any other court hereafter established, 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 sixty five years,
or upon other causes, such illness or permanent physical disability, to
be certified to by the tribunal to which the justice concerned belongs,
or by the Supreme Court in the case of an incumbent judge of the Court
of First Instance, and other similar courts of record, or a city or
municipal judge, which render him incapacitated to continue in his
position." chanroblesvirtualawlibrary
"Sec. 3. Upon retirement, a justice of the Supreme
Court or of the Court of Appeals, of a judge of the Court of First
Instance, Circuit Criminal Court, Agrarian Relations, Tax Appeals,
Juvenile and Domestic Relations, city or municipal court, or any other
court hereafter established shall be automatically entitled to a lump
sum of five year gratuity computed on the basis of highest monthly
salary plus the highest monthly aggregate of transportation, living and
representation allowances he was receiving on the date of his
retirement; Provided, however, That if the reason for the retirement be
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 and allowances aforementioned with no
further annuity payable monthly during the rest of the retiree's
natural life."
Section 2. Such sum as may be necessary to carry out
the purposes of this amendatory act is hereby authorized to be
appropriated.
Section 3. This Decree shall take effect immediately.
Done in the City of Manila,
this 10th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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