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[JBC - 005.August 31, 1999]

LETTER OF RETIRED JBC MEMBER JOSE C. CAMPOS.

EN BANC

Gentlemen :

Quoted hereunder, for your information, is a resolution of this Court dated AUG 31, 1999.

JBC - 005(Letter of retired JBC member JOSE C. CAMPOS to Atty. Puno requesting that his years of service as JBC member be tacked to his years of service in the judiciary in the computation of his longevity pay)

Submitted for consideration is a letter dated July 7,1999, of retired Justice Jose Campos Jr. to Atty. Luzviminda D. Puno, asking for the inclusion of his years of service in the JBC as part of his service in the judiciary for purposes of computing his longevity pay.

Justice Campos alleges:

"When Justice Lorna de la Fuente retired from the Court of Appeals, her years of service as an Assistant Chief of the Legal Division of the Department of Justice were considered in determining her longevity pay.The reason given was that the position is equivalent to that of a judge.When I learned of this after my retirement from the JBC, I filed a petition to include my service in the JBC in the determination of my longevity pay.I was in that position as a representative of the retired justices of the Supreme Court, and I believe my work at the JBC may be construed as a continuation of my work in the judiciary."

According to Justice Campos, his total years of service in the judiciary may be computed as follows:

"October 1, 1971 (took oath and first day of work) and then as Court of Appeals Justice, then Supreme Court Justice until retirement on April 9, 1993, his service was continuous and uninterrupted, or a total of twenty one (21) years, six (6) months and (9) nine days."

We have ruled however that service in the JBC is not considered as service in the judiciary (re: Cesar C. Peralejo). So unlike Justice de la Fuente who as assistant chief of the legal staff of the Department of Justice had the rank, qualification and salary of an assistant solicitor general, which in turn has the rank and salary of a judge of the Court of First Instance (R.A. 4152, in relation to R. A. 4360), a member of the JBC does not enjoy the rank of a member of the judiciary.

Under Batas Pambansa 129, Section 42, it is provided:

Longevity Pay.- A monthly longevity pay equivalent to 5% of the monthly basic pay shall be paid to the Justices and Judges of the courts herein created for each five years of continuous, efficient, and meritorious service rendered in the judiciary:Provided, that in no case shall the total salary of each justice or judge concerned, after his longevity pay is added, exceed the salary of the Justice or Judge next in rank.

The law, therefore, provides the basis for computation of longevity pay, which is 5% for every five years of continuous, efficient and meritorious service in the judiciary.Hence, the computation is based on every five years of service and since the total years of service of Justice Campos in the judiciary did not reach twenty-five years, the basis of the computation is twenty years, so that his longevity pay was computed at twenty per cent.

We therefore regret that we can not grant the request of retired Justice Jose C. Campos, Jr.

However, Justice Campos may avail himself of the retirement benefits of Judicial and Bar Council members under the resolution of June 26, 1997.

Pardo, J. no part.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

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