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[A.M. No. 9989-Ret. November 16, 1999]

CLAIM FOR RETIREMENT BENEFITS BY DEAN PALMA, JBC

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 16 1999.

A.M. No. 9989-Ret.(Claim for Retirement Benefits by Dean Rodolfo C. Palma, Judicial and Bar Council.)

We have for consideration the claim for retirement benefits of Dean Rodolfo C. Palma, a former member of the Judicial and Bar Council (JBC).

Dean Palma was one of the original regular members of the JBC. On September 18, 1987, President Aquino appointed him JBC member representing the professor of law. On December 10, 1987, the Commission on Appointment confirmed the appointment. His term of office was for three (3) years which he served from December 10, 1987 to July 9, 1990. On August 13, 1990, the President reappointed him to a regular term of four years. On September 6, 1990, the Commission on Appointments confirmed the appointment, and he took his oath of office on the same date, serving up to July 9, 1994.

Dean Palma did not avail himself of retirement rights or benefits for members of the JBC, at the expiration of his first term on July 9, 1990, and also at the end of his second term on July 9, 1994.

On March 23, 1993, the Court adopted a resolution prescribing the retirement benefits of regular members of the JBC.

On motion for reconsideration, however, on June 26, 1997, the Court adopted a resolution providing that the following are the benefits available to retiring JBC members:

"after serving the full term of his appointment be entitled to a lump sum payment of his basic salary for one year. Any regular member who has served less than his full term shall be entitled to two months salary for every year of service, or a fraction thereof, not less than six months being considered one full year; without prejudice to his applying for more benefits under applicable retirement laws"

The issue raised in this case is whether Dean Palma is entitled to the benefits granted in the Court's Resolution of June 26, 1997, considering that at the time of the expiration of his first term of office on July 09, 1990 there were no retirement benefits granted to JBC members, and at the end of his second term on July 9, 1994, the prevailing benefits were those provided under the repealed resolution of March 23, 1993.

The Court rules that Dean Palma is entitled to retirement benefits granted to JBC members as provided for in the Court's resolution dated June 26, 1997 for his original term expiring on July 9, 1990, and his second term expiring on July 9, 1994. The Court's resolution of June 26, 1997 may be given retroactive effect. ¹ Philippine Scout Veterans and Security and Investigation Agency vs. NLRC, 271 SCRA 209 (1997).

Dean Palma's service of two (2) years six (6) months and twenty one (21) days of his first term in the JBC is considered full term. The Constitution provided that "of the term of the members first appointed the term of the professor of law shall be three years." ² Article VIII, Section 8 (2), Constitution.The JBC was constituted on July 10, 1987. Dean Palma's appointment was issued on September 18, 1987 and confirmed by the Commission on Appointments on November 25, 1987. He took the oath of office on December 10, 1987. He served the full term of the original appointment expiring on July 9, 1990. Service of more than six months is considered one full year. In the same manner, his reappointment on August 13, 1990 as JBC member was for a regular term of four (4) years, which he served until July 9, 1994, completing the full term of his appointment to the office.

WHEREFORE, we grant retirement benefits to Dean Rodolfo C. Palma corresponding to the two terms of office that he served with distinction as member JBC for the first term ending on July 9, 1990 and the second term ending on July 9, 1994. Let the papers be referred to the Office of Administrative Services for processing and payment.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

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