Rules and Regulations for the Implementation of Republic Act No. 10709

July 22, 2016

OCA CIRCULAR NO. 162-2016

 

In the Resolution dated 31 May 2016 in A.M. No. 04-9-04-SC (Re: Grant of Thirty [30] Days Forfeitable Leave Credits to All First Level Court Judges as the Second Level Court Judges Have), the Court En Banc resolve to approve the draft Rules and Regulations for the Implementation of Republic Act No. 10709, effective 9 February 2016, which is hereby quoted as follows:

"Rules and Regulations for the Implementation of Republic Act No. 10709 (An Act Providing for Thirty [30] Days Forfeitable Leave Privileges Annually to All Judges of the First Level Courts)

Coverage

These guidelines shall apply to all Judges of the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts and Shari'a Circuit Courts.

Purpose

To set out the rules and procedures to be observed regarding the implementation of the grant of thirty (30) days forfeitable leave with pay to Judges of the First Level Courts, as provided under Republic Act No. 10709.

Guidelines for Availment of Forfeitable Leave

1. In addition to the fifteen (15) days vacation leave and fifteen (15) days sick leave privilege provided by law, Judges of the First Level Courts shall earn thirty (30) days forfeitable leave credits with pay starting in the month of February to coincide with the date of effectivity of Republic Act No. 10709;

2. The forfeitable leave can be availed of from February 1 up to January 31 of the following year, exclusive of Saturdays, Sundays and Holidays;

3. The entitlement to forfeitable leave by newly appointed Judges of the First Level Courts shall depend on the date of their assumption to duty. Hence, those who are appointed on or before the month of February of the year shall be entitled to 30 days forfeitable leave; those appointed in March shall be entitled to 27.5 days forfeitable leave; those appointed in April shall be entitled to 25 days forfeitable leave; those appointed in May shall be entitled to 22.5 days forfeitable leave; and so on, with the decrease of 2.5 days every month until the end of the year; DETACa

4. First Level Court Judges shall no longer be entitled to Special Leave Privileges pursuant to Section 21, Rule XVI of the Omnibus Rules on Leave; and

5. This forfeitable leave privilege given annually to the First Level Count Judges is non-cumulative and non-convertible to cash."

Please be guided accordingly.

(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator