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PRESIDENTIAL DECREE NO. 1826



PRESIDENTIAL DECREE NO. 1826 - AN ACT AMENDING Section 6 OF PRESIDENTIAL DECREE NO. 1630, TO BE KNOWN AS "TANODBAYAN"

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WHEREAS, Republic Act No. 3595 amending RA 1568 provides a special retirement scheme for the Auditor General and the Chairman and Members of the Commission on Elections and P.D. 1582 extended the same retirement benefits to the Chairman and Members of the Civil Service Commission;  chanroblesvirtualawlibrary

WHEREAS, the Sandiganbayan considered to be under the judiciary, is covered by the special retirement law for justices and judges;chanroblesvirtualawlibrary

WHEREAS, the Tanodbayan Decree, P.D. 1630, is silent on the retirement benefits granted to the Tanodbayan and his Deputies, thereby leaving them as the only heads of a constitutional body without a special retirement plan;chanroblesvirtualawlibrary

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the power vested in me by the Constitution, do hereby order and decree that Sec. 6 of P.D. 1630 be revised to read as follows:  chanroblesvirtualawlibrary

Sec. 6.    Term of Office and Retirement Benefits. — (a) The Tanodbayan and his Deputies shall serve for a term of seven years without reappointment unless removed by the President upon his determination that the Tanodbayan or any of his Deputies has become incapacitated or has been guilty of neglect of duty, or misconduct;chanroblesvirtualawlibrary

(b)    THE TANODBAYAN AND HIS DEPUTIES ARE GRANTED THE SAME RETIREMENT AND RELATED BENEFITS AS NOW EXTENDED AND MAY SUBSEQUENTLY BE GRANTED TO THE CHAIRMAN AND MEMBERS OF THE COMMISSION ON AUDIT, THE COMMISSION ON ELECTIONS AND THE CIVIL SERVICE COMMISSION. chanroblesvirtualawlibrary

(c)    If the Office of the Tanodbayan becomes vacant for any cause, the Senior Deputy Tanodbayan shall serve as Acting Tanodbayan until the Tanodbayan shall have been appointed for a full term.

Done in the City of Manila, this 16th day of January in the year of Our Lord, nineteen hundred and eighty-one.


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