Guidelines on the Implementation of Republic Act No. 9946 (An Act Granting Additional Retirement, Survivorship, and Other Benefits to Members of the Judiciary, Amending for the Purpose Republic Act No. 910, as Amended, Providing Funds Therefor and for Other Purposes)

September 6, 2011

SUPREME COURT REVISED ADMINISTRATIVE CIRCULAR NO. 81-10

GUIDELINES ON THE IMPLEMENTATION OF REPUBLIC ACT NO. 9946 (AN ACT GRANTING ADDITIONAL RETIREMENT, SURVIVORSHIP, AND OTHER BENEFITS TO MEMBERS OF THE JUDICIARY, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 910, AS AMENDED, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES)

Coverage

These guidelines shall apply to all Justices of the Supreme Court (SC), the Court of Appeals (CA), the Sandiganbayan (SB), the Court of Tax Appeals (CTA), and Judges of the Regional Trial Court (RTC), Metropolitan Trial Court (MeTC), Municipal Trial Court in Cities (MTCC), Municipal Trial Court (MTC), Municipal Circuit Trial Court (MCTC), Shari'a District Court (SDC), Shari'a Circuit Court (SCC) or any other Court established thereafter. SDHCac

Purpose

To set out the policies and procedures to be observed regarding the implementation of the grant of additional retirement, survivorship and other benefits to the members of the Judiciary as provided under Republic Act No. 9946 (RA No. 9946) amending Republic Act No. 910 (RA No. 910).

Definition of Terms

1) Salary — the actual basic monthly salary of Justices and Judges, including step increments and longevity pay (A.M. No. 03-12-04-SC, Resolution, February 24, 2004) at the rates provided under the Modified Salary Schedule for Civilian Personnel pursuant to the Senate and House of Representatives Joint Resolution No. 4 approved on June 17, 2009 and in accordance with the implementing guidelines that may be issued therefor. The term shall include the amount corresponding to the Special Allowance for the Judiciary (SAJ) converted into salary pursuant to the resolution of the Court, dated June 7, 2011, in A.M. No. 07-8-03-SC.

2) Representation Allowance and Transportation Allowance (RATA) — allowances given to officials at a monthly standard rate in order to defray representation and transportation expenses while in the performance of the duties of their positions. The amount of the allowance shall be in accordance with the rates provided for under the General Appropriations Act of any current year.

3) Other allowances — standard allowances given to all government employees at prescribed rates, guidelines, rules and regulations, such as, but not limited to, the personnel economic relief allowance (PERA) and the additional compensation allowance, which is now incorporated in the PERA pursuant to Joint Resolution No. 4 as implemented in Budget Circular No. 2009-3 dated August 18, 2009. The term shall include the SAJ pursuant to Section 5, Republic Act No. 9227 in such amount not yet converted to salary pursuant to the resolution of the Court, dated June 7, 2011, in A.M. 07-8-03-SC.

4) Permanent disability — illness or injury considered as permanent disability under existing laws, rules and regulations and determined and certified to by the SC Medical and Dental Services. cDCIHT

5) Heirs — those entitled to succeed in the estate of the deceased Justice or Judge under the law on succession.

6) Surviving spouse — the legitimate spouse of the Justice or Judge.

7) Child — A child of the Justice or Judge entitled to the benefit.

8) Tuition Fee — the payment for instruction charged by a state university or college but excludes miscellaneous fees, such as laboratory fees, medical fees and I.D. fee, and expenses for books, school supplies and board and lodging.

Who are Entitled, Qualifications and Benefits

A. Compulsory Retirement

1. Justice of the SC, CA, SB, CTA or a Judge of the RTC, MeTC, MTCC, MTC, MCTC, SDC, SCC or of any other Court thereafter established who has rendered at least fifteen (15) years service in the Judiciary or in any other branch of the government, or in both, and retires for having attained the age of seventy years (70).

2. Upon retirement, a Justice of the SC, CA, SB, CTA or Judge of the RTC, MeTC, MTCC, MTC, MCTC, SDC, SCC or of any other Court thereafter established, shall be automatically entitled to a lump-sum of five (5) years gratuity computed on the basis of the highest monthly salary plus the highest monthly aggregate of RATA and other allowances such as PERA and ADCOM which he/she was receiving on the date of his/her retirement.

 The Justice or Judge with less than 15 years service in the government or judiciary who retires for having attained the age of seventy (70) years shall automatically receive the same benefits as aforementioned.

3. After the expiration of the five-year period, the Justice or Judge shall receive during the residue of his/her natural life, a monthly pension equivalent to the highest monthly salary plus the highest monthly aggregate of RATA and other allowances such as PERA and ADCOM which he/she was receiving at the time of his/her retirement.

 The Justice or Judge with less than 15 years service in the government or judiciary who retires for having attained the age of seventy (70) years shall be entitled to a pro-rata monthly pension computed as follows:

number of years		Basic pay plus the highest monthly
in the govt. or judiciary		aggregate of RATA, PERA, ADCOM
–––––––––––––––––––––	x	and other allowances)
15 years

4. The Justice or Judge shall be entitled to a non-wage benefit in favor of one (1) child in the form of education scholarship consisting of free tuition fee for one (1) Bachelor's Degree in a state university or college. The admission of the child entitled to the benefit shall be subject to the rules and regulations of such state university or college. The Bachelor's Degree should be completed within the prescribed number of years in the curriculum of the state university or college.

B. Optional Retirement

1. Justice of the SC, CA, SB, CTA or Judge of the RTC, MeTC, MTCC, MTC, MCTC, SDC, SCC or any other Court thereafter established who has attained the age of 60 years and has rendered at least 15 years service in the government, the last 3 years of which shall have been continuously rendered in the Judiciary. EICDSA

2. Upon retirement, a Justice of the SC, CA, SB, CTA or Judge of the RTC, MeTC, MTCC, MTC, MCTC, SDC, SCC or any other Court thereafter established, shall be automatically entitled to a lump-sum of five (5) years gratuity computed on the basis of the highest monthly salary plus the highest monthly aggregate of RATA and other allowances such as PERA and ADCOM which he/she was receiving on the date of his/her retirement.

3. After the expiration of five-year period, the Justice or Judge shall receive during the residue of his/her natural life, a monthly pension equivalent to the highest monthly salary plus the highest monthly aggregate of RATA and other allowances such as PERA and ADCOM which he/she was then receiving;

4. The Justice or Judge shall be entitled to non-wage benefit in favor of one (1) child in the form of education scholarship consisting of free tuition fee for one (1) Bachelor's Degree in a state university or college, subject to the following guidelines:

(A) All applications for entitlement to the education scholarship shall be submitted on or before April 30 of each year to the Office of Administrative Services of the Supreme Court for children of Justices of the Supreme Court, the Office of Administrative Services of each of the collegiate appellate courts for children of Justices of said courts, and the Office of the Administrative Services of the Office of the Court Administrator of the Supreme Court for the children of Judges of the First and Second level courts.

(B) The application letter of a child-beneficiary shall indicate the state university or college of his or her choice, which should be furnished a copy of the application, attaching certified true copies of: (i) the birth certificate duly issued by the proper government agency, and (ii) the report card (Form 138) if he or she is a high school graduate or the transcript of records if he or she already has a college degree or has started college education.

(C) The respective Offices of Administrative Services shall: (i) verify the authenticity of the documents attached to the application letter; and (ii) recommend the proper action to the Supreme Court, through the Chief Justice, or the proper collegiate appellate court, through the Presiding Justice. Upon approval of the application, the proper Office of Administrative Services shall so inform the state university or college chosen by the child-beneficiary.

(D) A child-beneficiary presently studying in college may avail of the education scholarship to complete his course or opt to take up another course provided that he or she shall inform the Supreme Court of his or her option.

(E) The Bachelor's Degree may include the law course provided it is completed within the period specified in the curriculum.

(F) These guidelines shall apply to a child-beneficiary of a Justice or Judge who avails of optional retirement, permanent disability retirement, partial permanent disability retirement, or other modes of cessation from judicial service as may be provided for by law. DTSaHI

C. Permanent Disability Retirement

1. Total Permanent Disability

a. Justice of the SC, CA, SB, CTA or Judge of the RTC, MeTC, MTCC, MTC, MCTC, SDC, SCC or any other Court thereafter established, who retires by reason of any permanent disability contracted during the Justice's or Judge's incumbency in office and prior to the date of retirement, shall be entitled to receive a gratuity equivalent to ten (10) years on the basis of the highest monthly salary plus the highest monthly aggregate of RATA and other allowances such as PERA and ADCOM which he/she was receiving on the date of his/her retirement.

b. Should the Justice or Judge survive after ten (10) years, he/she shall continue to receive during the residue of his/her natural life a monthly pension equivalent to the highest monthly salary plus the highest monthly aggregate of RATA and other allowances such as PERA and ADCOM which he/she was then receiving, provided that such Justice or Judge has rendered at least fifteen (15) years of government service. 

 The Justice or Judge with less than 15 years service in the government or Judiciary shall be entitled to a pro-rata monthly pension computed as follows:

number of years		Basic pay plus the highest monthly
in the govt. or judiciary		aggregate of RATA, PERA, ADCOM
–––––––––––––––––––––	x	and other allowances)
15 years

c. The Justice or Judge shall be entitled to a non-wage benefit in favor of one (1) child in the form of education scholarship consisting of free tuition fee for one (1) Bachelor's Degree in a state university or college. The admission of the child entitled to the benefit shall be subject to the rules and regulations of such state university or college. The Bachelor's Degree should be completed within the prescribed number of years in the curriculum of the state university or college.

2. Partial Permanent Disability

a. Justice of the SC, CA, SB, CTA or Judge of the RTC, MeTC, MTCC, MTC, MCTC, SDC, SCC or any other Court thereafter established, who retires at the age of seventy (70) years with the attendance of any partial permanent disability contracted during his/her incumbency and prior to the date of retirement, shall receive an additional gratuity equivalent to two (2) years lump sum that he/she is entitled to receive.

b. Should the Justice or Judge survive after seven (7) years, he/she shall continue to receive during the residue of his/her natural life a monthly pension equivalent to the highest monthly salary plus the highest monthly aggregate of RATA and other allowances such as PERA and ADCOM which he/she was then receiving, provided such Justice or Judge has rendered at least fifteen (15) years of government service.

 The Justice or Judge with less than 15 years service in the government or judiciary who retires for having attained the age of seventy (70) years shall be entitled to a pro-rata monthly pension computed as follows:

number of years		Basic pay plus the highest monthly
in the govt. or judiciary		aggregate of RATA, PERA, ADCOM
–––––––––––––––––––––	x	and other allowances)
15 years

c. A Justice or Judge who retired with the attendance of any partial permanent disability five (5) years prior to the effectivity of RA No. 9946 shall be entitled to the same benefits provided for under said Act. IEDHAT

d. The Justice or Judge shall be entitled to a non-wage benefit in favor of one (1) child in the form of education scholarship consisting of free tuition fee for one (1) Bachelor's Degree in a state university or college. The admission of the child entitled to the benefit shall be subject to the rules and regulations of such state university or college. The Bachelor's Degree should be completed within the prescribed number of years in the curriculum of the state university or college.

D. Death

1. The heirs of a Justice of the SC, CA, SB, CTA, or a Judge of the RTC, MeTC, MTCC, MTC, MCTC, SDC, SCC or any other Court thereafter established who dies while in actual service, regardless of his/her age and length of service, shall receive a lump sum of five (5) years gratuity computed on the basis of the highest monthly salary plus the highest monthly aggregate of RATA and other allowances such as PERA and ADCOM received by him/her as such Justice or Judge.

2. The heirs of the deceased Justice or Judge who has rendered at least 15 years service either in the Judiciary or in any other branch of Government, or both, shall be entitled to a lump sum of ten (10) years gratuity computed on the basis of the highest monthly salary plus the highest monthly aggregate of RATA and other allowances such as PERA and ADCOM received by him/her as such Justice or Judge.

3. The heirs of a Justice or Judge who is killed because of his/her work as such, shall receive the lump sum of ten (10) years gratuity provided that the Justice or Judge has served the government for at least five (5) years regardless of age at the time of death. Should the government service be less than five (5) years, the heirs shall receive a lump sum of five (5) years gratuity. (A.M. No. 02-12-01-SC dated September 30, 2003)

4. It is presumed that death is work-related when a Justice or Judge is killed intentionally while in the service.

E. Survivorship Pension Benefits

The legitimate surviving spouse of a Justice or Judge who (1) has retired or was eligible to retire optionally at the time of death; and (2) was receiving or would have been entitled to receive a monthly pension, shall be entitled to receive the said benefits that the deceased Justice or Judge would have received had the Justice or Judge not died. The surviving spouse shall continue to receive such retirement benefits until the surviving spouse's death or remarriage.

F. Other Entitlements

1. All pension benefits of retired members of the Judiciary shall be automatically increased whenever there is an increase in the salary of the same position from which he/she retired. HTCDcS

2. The benefits under RA No. 9946 shall be granted to all those who have retired prior to its effectivity, provided that the benefits shall be applicable only to members of the Judiciary and the benefits to be granted shall be prospective, beginning February 11, 2010, the date of effectivity of RA No. 9946.

3. The implementing guidelines provided herein shall be applicable to officials of the Judiciary who have been granted the rank, salary and privileges of a member of the Judiciary subject to the conditions set forth in the resolutions, dated December 9, 2008 and February 17, 2009, in A.M. No. 11838-Ret.

Prohibitions to Entitlement to Pension

1. A retired Justice of the SC, CA, SB, CTA or Judge of the RTC, MeTC, MTCC, MTC, MCTC, SDC, SCC or his/her surviving spouse receiving the benefits of RA No. 9946 during the time that he/she is receiving said pension shall not appear as counsel before any court in any civil case wherein the government or any subdivision or instrumentality thereof is the adverse party, or in any criminal case wherein an incumbent or former office or employee of the government is accused of an offense committed in relation to his/her office, or collect any fee for his/her appearance in any administrative proceedings to maintain an interest to the Government, National, Provincial or municipal, or to any of its legally constituted offices.

2. The member of the Judiciary or his/her surviving spouse who assumes an elective public office, shall not, upon assumption of office and during his/her term, receive the monthly pension due to him/her.

3. The surviving spouse who remarries shall no longer be entitled to the survivorship benefit.

Requirements and Procedures

The requirements and procedures for entitlement to and release of benefits under RA No. 9946, amending RA No. 910, shall be in accordance with the guidelines hereto attached as Annex "A."

Funding

The amount necessary for the initial implementation of RA No. 9946 shall be charged against the current year's savings of the respective courts from which the Justice or Judge retires. Thereafter, such sums as may be necessary for its continued implementation shall be included in the annual General Appropriations Act.

Implementation

The Office of Administrative Services and the Fiscal Management and Budget Office of the Supreme Court and the Office of Administrative Services and the Financial Management Office of the Office of the Court Administrator shall forthwith implement this. cDSaEH

All provisions of issuances inconsistent with the herein guidelines are hereby revoked.

This guidelines shall take effect upon its approval.

Issued this 6th day of September 2011.

(SGD.) RENATO C. CORONAChief Justice