372 Phil. 1
PURISIMA, J.:
"This letter refers to the forthcoming retirement of February 4, 1999 of Acting Presiding Justice Jorge S. Imperial.On February 1, 1999, there was received by the Court from Court Administrator Alfredo L. Benipayo a memorandum for the Chief Justice, recommending that the aforesaid request of Atty. Tessie L. Gatmaitan on the "propriety/validity of computing the compulsory retirement benefits of Justice Jorge S. Imperial on the basis of the salary and allowances of a Presiding Justice", be denied.
Upon the promotion of Justice Arturo B. Buena to the Supreme Court on January 5, 1999, the most senior Associate Justice Jorge S. Imperial assumed the position of Acting Presiding Justice of this Court, by operation of law, pursuant to Section 8-a, Rule 1 of the Revised Internal Rules of the Court of Appeals which provides:
"Sec. 8. Application of the Rule on Precedence. - The rule on precedence shall be observed and applied in the following instances:
a. In case of vacancy in the office of the Presiding Justice or in the event of his absence or inability to perform the powers, functions and duties of his office, the Associate Justice who is first in precedence shall perform his powers, functions, and duties until such disability is removed or another Presiding Justice is appointed and has qualified."
Consequently, Acting Presiding Justice Imperial now receives the salary and allowance of the Presiding Justice.
Moreover, Sec. 3, Presidential Decree 1438 amending R.A. 910 as amended by R.A. 5095 states that upon retirement, a justice of the Court of Appeals `xxx 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 xxx.'
Considering the foregoing, advice is therefore respectfully requested on the propriety/validity of computing Justice Imperial's compulsory retirement benefits based on the salary and allowances of a Presiding Justice.
xxx"
"Section 9 - HIGHEST BASIC SALARY RATEand Section 259 of Government Auditing Rules and Regulations which reads:
The compensation of salary or pay which may be used in computing retirement benefits shall be limited to the highest basic salary rate actually received by an official/employee as fixed by law and/or indicated in his duly approved appointment xxx."
"Section 259. Retirement - Government employees holding two or more positions retire only from his regular or main position and not from his additional position or positions and consequently, the salaries attached to the additional positions will not be included in the computation of the gratuity or annuity of the employee (CSC MC 40, s. 1989)."After a careful study, it is submitted that the provisions of law cited by the Court Administrator are not applicable to the case under consideration.
"Sec. 5. Succession to Office of Presiding Justice. - In case of a vacancy in the Office of the Presiding Justice or in the event of his absence or inability to perform the powers, functions, and duties of his office, the Associate Justice who is first in precedence shall perform his powers, functions, and duties until such disability is removed, or another Presiding Justice is appointed and has qualified."Section 8 (a) of the RIRCA provides:
"Section 8. Application of the Rule on Precedence - The rule on precedence shall be observed and applied in the following instances:It bears stressing, in this connection, that the said RIRCA was adopted by the Court of Appeals in a session En Banc, pursuant to the pertinent provision of Section 12 of BP Blg. 129 and became effective on August 18, 1988, fifteen (15) days after submission thereof to this Supreme Court. It is therefore decisively clear that Justice Imperial became Acting Presiding Justice of the Court of Appeals by operation of law, at a time when the position of Presiding Justice of the Court of Appeals was vacant. He served, as such, from January 5 to February 4, 1999, upon reaching the compulsory retirement age of seventy years, and after serving the judiciary for a period of 36 years, 3 months and 29 days, as City Judge of Legaspi City, Judge of the Court of First Instance of Albay, Judge of the Regional Trial Court of Manila and Associate Justice of the Court of Appeals, respectively. From January 5 to February 4, 1999, he received the full salary, emolument and allowances of a Presiding Justice, which the COA allowed in audit.
a. In case of vacancy in the office of the Presiding Justice or in the event of his absence or inability to perform the powers, functions, and duties of his office the Associate Justice who is first in precedence shall perform his powers, functions, and duties until such disability is removed or another Presiding Justice is appointed and has qualified."
Indeed, from 1980 to the present, the Commission on Audit has consistently allowed in audit the payment of the salary, emolument and allowances of a Presiding Justice to the above-named justices while serving as acting Presiding Justice of the Court of Appeals.
- Justice Ramon G. Gaviola, Jr. - 04-22-80 to 01-17-83
- Justice Oscar R. Victoriano - 02-02-88 to 04-19-88
- Justice Jose A.R. Melo - 12-03-91 to 08-09-92
- Justice Santiago M. Kapunan - 08-10-99 to 09-06-93
- Justice Vicente V. Mendoza - 01-11-94 to 03-21-94
- Justice Fidel P. Purisima - 08-04-97 to 01-26-98
- Justice Arturo B. Buena - 01-27-98 to 01-04-99
"xxx shall be automatically entitled to a lump sum payment 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 xxx."It is thus beyond cavil that the right of Justice Imperial and the other justices above-mentioned as Acting Presiding Justice of the Court of Appeals, to receive the salary, emolument and allowances of a Presiding Justice during their acting incumbency, as such, is of statutory origin and not by mere designation, as contended by the Court Administrator.
"xxx Retirement laws are liberally interpreted in favor of the retiree because their intention is to provide for his sustenance and hopefully even comfort, when he no longer has the stamina to continue earning his livelihood. The liberal approach aims to achieve the humanitarian purposes of the law in order that efficiency, security and well-being of government employees may be enhanced."[1]WHEREFORE, the Court hereby grants the request of Atty. Tessie L. Gatmaitan, Clerk of Court of the Court of Appeals, to compute and pay the retirement benefits of former Justice Jorge S. Imperial on the basis of the highest salary, emolument and allowances received by him, as of the time of his retirement from the judiciary on February 4, 1999.