House set to ratify judicial reform bill

MANILA, Philippines - The House of Representatives is set to approve a measure that would give additional benefits to retired judges and justices.

Speaker Prospero Nograles said the measure also aims to promote equity and maintain competence in the judiciary.

Nograles said the bicameral report on the judicial reform measure was already transmitted to the House committee on rules led by Majority Leader Arthur Defensor for presentation in the plenary.

“It is crucial that we promote and maintain competence, equity and efficiency in the judicial system,” Nograles said, as the principal author of one of the nine original and separate bills consolidated under House Bill 6820.

The bill covers the justices of the Supreme Court, the Court of Appeals, the Sandiganbayan, Court of Tax Appeals, judges of regional trial courts, metropolitan trial courts and all the way down to municipal trial courts, including Shari’a courts.

Among the beneficiaries of the bill are those who have rendered at least 15 years in the judiciary or in any other branch of the government.

The beneficiary should be at least 70 years old, or has resigned by reason of incapacity to discharge his duties.

They will receive their salary, plus the highest monthly aggregate of transportation, representation and other allowances such as personal economic relief allowance and additional compensation allowance, during their retirement or resignation.

They will also receive non-wage benefits like scholarship grant for one child, provided that such grant will cover only one bachelor’s degree.

The measure also provides that when the covered members of the judiciary have attained the age of 60 and have rendered at least 15 years of government service, the last three of which shall have been continuously rendered in the judiciary, they shall likewise be entitled to retire and receive during the remaining years of their lives monthly pension on a pro-rata basis.

The pro-rata computation will be the number of years in the government or judiciary divided by 15 years times basic pay, plus the highest monthly aggregate transportation, representation and other allowances.

The measure, however, provides that no retiring magistrate or their surviving spouse receiving the benefits should appear as counsel before any court in any civil case where the government is the adverse party, or in any criminal cases where an incumbent or former officer or employee of the government is accused of an offense committed in relation to their office.

Furthermore, the retiree cannot collect any fee for their appearance in any administrative proceedings to maintain an interest to the government, national, provincial or municipal, or any of its legally constituted officers.

The measure also provides lump sum gratuities to the justices’ or judges’ heirs computed on the basis of the highest monthly salary plus other benefits provided under the measure.

Before Congress went on recess in mid October, House leaders said the measure would make its third and final reading.

Quezon City Rep. Matias Defensor said the measure would place judges of the first and second level courts on equal footing with the magistrates of the Supreme Court and the Court of Appeals.

By expanding its coverage to include trial court judges, the problem on vacancy of positions and high turnover of judges who opt to engage in lucrative legal practice after gaining expertise in the judiciary will be addressed, he said.

The measure also aims to attract more lawyers to serve in the judiciary.

“With more competent trial court judges, the administration of justice will be enhanced and the delivery of judicial services to people will be greatly improved,” he said.

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