Extending to the Constitutional Commissions the Benefits Enjoyed by Members of the Judiciary in the Matter of the Rationalized Rate of Allowances and Liberalized Computation of Retirement Benefits and the Accumulated Leave Credits

December 13, 1979

ADMINISTRATIVE ORDER NO. 444

EXTENDING TO THE CONSTITUTIONAL COMMISSIONS THE BENEFITS ENJOYED BY MEMBERS OF THE JUDICIARY IN THE MATTER OF THE RATIONALIZED RATE OF ALLOWANCES AND LIBERALIZED COMPUTATION OF RETIREMENT BENEFITS AND THE ACCUMULATED LEAVE CREDITS

WHEREAS, under Letter of Implementation No. 96 entitled, Rationalizing Allowances of Personnel in the Judiciary, specific rates have been fixed for the transportation and representation allowances in the Judiciary;

WHEREAS, under Presidential Decree No. 1438, entitled Amending Republic Act 910 providing for the Retirement of Justices and all Judges in the Judiciary as amended, it is provided:

"Upon retirement, a Justice of the Court of First Instance, Circuit Criminal Court, Agrarian Relations, Tax Appeals, Juvenile and Domestic Relations, City or Municipal Court, or any other court hereafter established shall be automatically entitled to a lump sum of five years' gratuity computed on the basis of the highest monthly salary plus the highest monthly aggregate of transportation, living and representation allowances he was receiving on the date of his retirement;"

WHEREAS, Rule XVI of the Civil Service Commission, implementing the provisions of law, provides that the accumulated leave of Justices is "unlimited," thus:

"SEC. 5.

"(b) The right of the Justices to leave of absence may be availed of by them subject only to approval in such manner as the court may direct: Provided, That all such leaves of absence shall be so arranged as not to deprive the court of quorum during its regular sessions. The accumulation of this leave is unlimited."

WHEREAS, it is just and appropriate that the Constitutional Commissions should also enjoy the benefits aforementioned;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by law, do hereby Order and Direct:

1. The transportation and representation allowances of the Chairman and Commissioner of a Constitutional Commission shall be as follows:

	Transportation	Representation
	Allowance	Allowance	Total
Chairman	P1,900	P1,900	P3,800
Commissioner	1,500	1,500	3,000

2. A Chairman/Commissioner shall not be entitled to transportation allowance when assigned a government vehicle.

3. The accumulated leave credit of a Chairman/Commissioner of a Constitutional Commission shall be computed under the same rules as those applicable to members of the judiciary.

4. Upon retirement, the lump sum of five years' gratuity as provided under R.A. 3595 for the Chairman/Commissioner of a Constitutional Commission shall be computed on the basis of the highest monthly salary plus the duly authorized transportation, living and representation allowances in the last month prior to retirement or expiration of term.

5. Funds needed to implement this Administrative Order shall be drawn from savings in the current appropriations of the Constitutional Commission concerned.

6. This Administrative Order shall take effect immediately.

DONE in the City of Manila, this 13th day of December, in the year of Our Lord, nineteen hundred and seventy-nine.