March 1988 - Philippine Supreme Court Resolutions
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[A.M. No. 5946-Ret : March 01, 1988] RE: APPLICATION FOR DISABILITY RETIREMENT OF JUDGE TEODORO B. MALLONGA :
[A.M. No. 5946-Ret : March 01, 1988]
RE: APPLICATION FOR DISABILITY RETIREMENT OF JUDGE TEODORO B. MALLONGA
Gentlemen:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated MAR 1, 1988
"A.M. No.5946-Ret.- Re: Application for disability retirement of Judge Teodoro B. Mallonga.- Acting on the (1) application for disability retirement filed by Judge Teodoro Mallonga, Regional Trial Court, Tuguegarao Cagayan under R.A. No. 910 as amended by R.A. No. 5095 and P.D. No. 1438, effective upon approval and it appearing (a) that applicant who is 64 years of age and Regional Trial Court Judge for 11 months, is suffering from aphasia, right hemiparesis with beginning hyperflexion of right upper extremity, organic brain syndrome and other cardiac conditions; and (b) from the memorandum report dated January 14, 1988 of Dr. Antonio T. Valero, Staff Physician with the concurrence of Dr. Carmen C. Valero, Chief of Services, Medical/ Dental and Dr. Rosa J. Mendoza, Assistant Chief of Medical Division recommending that Judge Mallonga who is physically and mentally incapable of discharging his court duties and responsibilities, be retired under a permanent and total disability as well as the (2) memorandum of the Office of the Court Administrator dated February 29, 1988, stating that: (a) the retirement benefits of Judge Teodoro B. Mallonga under R.A. No. 910 as amended by R.A. No. 5095and P.D. No. 1438 are payable by the Supreme Court and not by the GSIS; and (b) Judge Mallonga will receive a 5-year lump sum gratuity only and no monthly pension after the 5-year period, because he does not have twenty (20) years government service which shall be based on his highest monthly salary as a Regional Trial Court Judge, plus his highest monthly representation representation and transportation allowance [RATA], the Court Resolved to APPROVE in line with the doctrinal rule laid down in A.M. No. 1270-Ret., dated August 31, 1981 Re: Retirement benefits of the late City Judge Alejandro Galang, Jr. 107 SCRA, 13, the aforementioned application for permanent and total disability for five (5) year lump sum gratuity, subject to the availability of funds and the usual clearance requirements."
"A.M. No.5946-Ret.- Re: Application for disability retirement of Judge Teodoro B. Mallonga.- Acting on the (1) application for disability retirement filed by Judge Teodoro Mallonga, Regional Trial Court, Tuguegarao Cagayan under R.A. No. 910 as amended by R.A. No. 5095 and P.D. No. 1438, effective upon approval and it appearing (a) that applicant who is 64 years of age and Regional Trial Court Judge for 11 months, is suffering from aphasia, right hemiparesis with beginning hyperflexion of right upper extremity, organic brain syndrome and other cardiac conditions; and (b) from the memorandum report dated January 14, 1988 of Dr. Antonio T. Valero, Staff Physician with the concurrence of Dr. Carmen C. Valero, Chief of Services, Medical/ Dental and Dr. Rosa J. Mendoza, Assistant Chief of Medical Division recommending that Judge Mallonga who is physically and mentally incapable of discharging his court duties and responsibilities, be retired under a permanent and total disability as well as the (2) memorandum of the Office of the Court Administrator dated February 29, 1988, stating that: (a) the retirement benefits of Judge Teodoro B. Mallonga under R.A. No. 910 as amended by R.A. No. 5095and P.D. No. 1438 are payable by the Supreme Court and not by the GSIS; and (b) Judge Mallonga will receive a 5-year lump sum gratuity only and no monthly pension after the 5-year period, because he does not have twenty (20) years government service which shall be based on his highest monthly salary as a Regional Trial Court Judge, plus his highest monthly representation representation and transportation allowance [RATA], the Court Resolved to APPROVE in line with the doctrinal rule laid down in A.M. No. 1270-Ret., dated August 31, 1981 Re: Retirement benefits of the late City Judge Alejandro Galang, Jr. 107 SCRA, 13, the aforementioned application for permanent and total disability for five (5) year lump sum gratuity, subject to the availability of funds and the usual clearance requirements."
Very truly yours,
(Sgd.) DANIEL T. MARTINEZ
Clerk of Court
(Sgd.) DANIEL T. MARTINEZ
Clerk of Court
