Repealing R.A. Nos. 1797, 3595 and 3796 and P.D. No. 578 Re: Adjustment of Pensions of Certain Retired Officials

January 24, 1975

PRESIDENTIAL DECREE NO. 644

REPEALING THE PROVISIONS OF REPUBLIC ACTS NUMBERED SEVENTEEN HUNDRED NINETY-SEVEN, THIRTY-FIVE HUNDRED NINETY-FIVE, THIRTY-SEVEN HUNDRED NINETY-SIX AND PRESIDENTIAL DECREE 578 ADJUSTING THE PENSIONS OF RETIRED JUSTICES OF THE SUPREME COURT, JUSTICES OF THE COURT OF APPEALS, THE AUDITOR GENERAL, CHAIRMAN AND COMMISSIONERS OF THE COMMISSION ON ELECTIONS, AND OFFICERS AND ENLISTED MEN OF THE ARMED FORCES OF THE PHILIPPINES, RESPECTIVELY, IN ACCORDANCE WITH THE RATES OF SALARIES OF THEIR RESPECTIVE COUNTERPARTS WHO ARE STILL IN THE SERVICE

WHEREAS, under Section 3-A of Republic Act No. 1797 amending Republic Act No. 910, Section 2-A of Republic Act No. 3595 amending Republic Act No. 1568, Republic Act No. 3796 amending Republic Act No. 340, as amended, and Presidential Decree 578, rates of pensions of retired Justices of the Supreme Court and Court of Appeals, Auditor General, Chairman and Commissioners of the Commission on Elections, and officers and enlisted men of the Armed Forces of the Philippines, respectively, are authorized to be adjusted to the prevailing rates of salaries actually being received by the respective counterparts of those retirees;

WHEREAS, the present Constitution has doubled or nearly doubled the former rates of salaries of certain Constitutional officials and has likewise provided for the salary standardization of non-constitutional officials and employees in the government offices, including those in government-owned or controlled corporations so as to strike a happy balance between the salaries of constitutional officials and non-constitutional officials and correspondingly make more equitable and fair the pay of those in the lower rank in line with the constitutional ideal to "bridge the gap between the rich and the poor;"

WHEREAS, the laws above-stated which authorize the rates of pensions to vary with the changes of rates of pensions to vary with the changes of rates of salaries of those still in the service are (1) per se class legislation setting apart for distinct privilege a limited select group of officials; (2) fraught with budgetary implications for the reason that the government has to appropriate from time to time the corresponding increase in the rates of pensions of the retirees concerned; and (3) inequitable and unfair to have those still sweating it out in the active service and those already in restful retirement receiving the same compensation from the public treasury;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby order and decree:

The provisions of Republic Act No. 1791 amending Republic Act No. 910, Republic Act No. 3595 amending Republic Act No. 1568, Republic Act No. 3796 amending Republic Act No. 340, as amended, and Presidential Decree 578 authorizing the rates of pensions of retired Justices of the Supreme Court and Court of Appeals, Auditor General, Chairman and Commissioners of the Commission on Elections, and officers and enlisted men of the Armed Forces of the Philippines, respectively, to be adjusted to the prevailing rates of salaries actually being received by those still in the service, are hereby repealed, the repeal to retroact as of the ratification of the Constitution on January 17, 1973 and effective immediately with respect to Presidential Decree No. 578.

DONE in the City of Manila, this 24th day of January, in the year of Our Lord, Nineteen Hundred and Seventy-Five.