Palace heeds justices' demand on unpaid allowances

MANILA, Philippines - Threatened by a petition at the Supreme Court (SC), the executive department has apparently given in to the demand of retired justices of the Court of Appeals (CA) for release of their unpaid special allowances and benefits last year.

Members of the Association of Retired Court of Appeals Justices Inc. led by retired associate justice Teodoro Regino had withdrawn their petition in the SC against Budget and Management Secretary Florencio Abad after receiving a portion of their unpaid retirement gratuities and terminal leave benefits under the law on special allowances for retired justices (SAJ) since January last year.

As a result, the high tribunal dismissed their petition but clarified that petitioners may again file a similar petition in the future.

“The Court resolved to dismiss the instant petition without pronouncements as to the costs and without prejudice to instituting another petition for the release and funding for future claims,” read the two-page resolution released earlier this week.

The CA justices filed their motion to withdraw or dismiss petition last Feb. 22 after they reportedly received part of the benefits they were demanding.

In their petition filed in October last year, the justices accused Abad of willfully withholding the release of their salary increases and SAJ benefits since January last year.

They alleged that the DBM has violated its mandate under Article VIII Section 3 of the Constitution to automatically and regularly release the necessary funding for their SAJ allowances.

Petitioners lamented that they had to seek the help and assistance of the presiding justice of the CA and chief justice of the SC for the immediate release by respondent of their salary increases under RA 9946 (SAJ law) and of the unpaid balances for the past 10 months, but the DBM discriminately denied release and funding of their compensation allowances.

Abad’s refusal was 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 previously denied funding and to provide the necessary funding for present and future claims on the SAJ.

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

The group also accused Abad of violating the anti-graft and corrupt practices act by purportedly giving an unwarranted benefit, advantage or preference in the discharge of his official duty.

Petitioners claimed that 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.

“By reason of respondent’s refusal or neglect, without just cause, to perform his official duty as Budget Secretary, especially during these hard times, the members of petitioner’s Association suffered undue injury and damages, including moral, nominal, temperate exemplary or corrective, to be assessed by this Honorable Court, as a personal liability of respondent,” the group said.

The petition of the retired justices came at a time when the judiciary was in a row with the executive department over the proposed transfer of close to P2 billion from its 2012 budget of P15 billion to the miscellaneous personnel benefits fund (MPBF).

Although Congress had taken out the judiciary’s budget on coverage of MPBF, President Aquino had used his veto power and insisted on this provision.