SC orders DBM to answer petition of retired justices on delayed benefits

MANILA, Philippines - Budget and Management Secretary Florencio Abad was ordered to answer a petition filed before the Supreme Court (SC) by a group of retired Court of Appeals (CA) justices seeking to collect their retirement gratuities and terminal leave benefits.

The SC directed Abad to submit within 10 days from receipt of notice his comment on the petition of the Association of Retired Court of Appeals Justices Inc. led by retired Associate Justice Teodoro Regino.

“Acting on the special civil action for mandamus, the Court resolved, without giving due course to the petition, to require the respondent to comment on the petition within 10 days from notice hereof,” read the SC ruling.

In their petition last October, the retired justices alleged that the DBM had violated its mandate under the Constitution to automatically and regularly release the necessary funding for their SAJ allowances.

Petitioners said they had to seek the help and assistance of the CA presiding justice and SC chief justice for the immediate release of their salary increases under Republic Act 9946 and of the unpaid balances for the past 10 months, but the DBM discriminately denied release and funding of theircompensation allowances.

Abad refused to release the funds despite the SC’s May 4, 2010 order directing the DBM to issue the necessary special allotment release order (SARO) and the corresponding notice of cash allocation (NCA) to cover funding requirements for the SAJ of petitioners.

The retired justices said that most of their members are now mostly octogenarians in declining health due to various illnesses after a long and faithful service to the country.

The group also accused Abad of violation of the Anti-Graft and Corrupt Practices Act by purportedly giving an unwarranted benefit, advantage or preference in the discharge of his official duty.

Petitioners said Abad exhibited partiality and evident discrimination by providing and releasing the claims on the special allowance for the younger retired justices and junior justices of petitioners.

The judiciary earlier found itself in a row with the executive department over the proposed transfer of close to P2 billion from its proposed 2012 budget of P15 billion to the miscellaneous personnel benefits fund (MPBF).