May 1988 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
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[A.M. No. 88-2-1665-OP : May 19, 1988] RE: SEPARATION PAY FOR JUDGES :
[A.M. No. 88-2-1665-OP : May 19, 1988]
RE: SEPARATION PAY FOR JUDGES
Gentlemen:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated May 19, 1988
"A.M. No. 88-2-1665-OP. - Re: Separation pay for Judges. - Acting on the Third Indorsement of Hon. Samilo N. Barlongay, Acting Deputy Executive Secretary, dated February 4, 1988, referring to this Court dated December 3, 1987 of the Hon. Secretary of the Department of Budget and Management regarding the request of judge Arturo Peralta, former Municipal Trial Court of Surallah, South Cotabato, dated September 16, 1987, addressed to the Court Administrator, for payment of separation pay consisting of one (1) month's salary for every year of continuous service but not exceeding twelve (12) months, and it appearing that Judge Peralta was only 54 years old on January 30, 1987, so he could not qualify for retirement either under R.A. No. 1616, R.A. No. 660, P.D. No. 1146 or R.A. No. 910, as amended and considering that Budget Memorandum Circular No. 150, implementing R.A. 5435, limits to the equivalent of 12 months' pay the maximum gratuity to be granted to an official or employee, pursuant to the following provision: " If the official or employee is, however, not eligible for retirement under any existing retirement law, payment of his/her separation pay shall be authorized at the rate of one month salary for every year of continuous satisfactory service but in no case shall such payment exceed 12 months on the basis of the highest salary received"; and that the aforequoted provision of Item No. 3 of Budget Memorandum Circular No. 150, has been adopted as a standard provision in all reorganizations covered by Executive Orders and considering further that it may also be applied in the instant case, the Court Resolved to ADOPT the favorable ruling of the Secretary of the Department of Budget and Management and ORDER the payment to Judge Arturo Peralta, former Municipal Trial Court Judge of Surallah, South Cotabato of his separation pay, at the rate of one (1) month's salary for every year of continuous satisfactory service, but in no case shall such payment exceed twelve (12) months on the basis of the highest salary received."
"A.M. No. 88-2-1665-OP. - Re: Separation pay for Judges. - Acting on the Third Indorsement of Hon. Samilo N. Barlongay, Acting Deputy Executive Secretary, dated February 4, 1988, referring to this Court dated December 3, 1987 of the Hon. Secretary of the Department of Budget and Management regarding the request of judge Arturo Peralta, former Municipal Trial Court of Surallah, South Cotabato, dated September 16, 1987, addressed to the Court Administrator, for payment of separation pay consisting of one (1) month's salary for every year of continuous service but not exceeding twelve (12) months, and it appearing that Judge Peralta was only 54 years old on January 30, 1987, so he could not qualify for retirement either under R.A. No. 1616, R.A. No. 660, P.D. No. 1146 or R.A. No. 910, as amended and considering that Budget Memorandum Circular No. 150, implementing R.A. 5435, limits to the equivalent of 12 months' pay the maximum gratuity to be granted to an official or employee, pursuant to the following provision: " If the official or employee is, however, not eligible for retirement under any existing retirement law, payment of his/her separation pay shall be authorized at the rate of one month salary for every year of continuous satisfactory service but in no case shall such payment exceed 12 months on the basis of the highest salary received"; and that the aforequoted provision of Item No. 3 of Budget Memorandum Circular No. 150, has been adopted as a standard provision in all reorganizations covered by Executive Orders and considering further that it may also be applied in the instant case, the Court Resolved to ADOPT the favorable ruling of the Secretary of the Department of Budget and Management and ORDER the payment to Judge Arturo Peralta, former Municipal Trial Court Judge of Surallah, South Cotabato of his separation pay, at the rate of one (1) month's salary for every year of continuous satisfactory service, but in no case shall such payment exceed twelve (12) months on the basis of the highest salary received."
Very truly yours,
(Sgd. ) DANIEL T. MARTINEZ
Clerk of Court
(Sgd. ) DANIEL T. MARTINEZ
Clerk of Court
