SC junks Macarambon bid for early retirement benefits

MANILA, Philippines - As the Supreme Court (SC) approved higher retirement benefits for former chief justice Artemio Panganiban, it rejected a similar bid from former judge and Commission on Elections (Comelec) commissioner Moslemen Macarambon.

In a resolution promulgated last Jan. 29, the high court junked with finality Macarambon’s application for early retirement to claim retirement benefits from the judiciary.

The SC also dismissed for lack of merit Macarambon’s plea for understanding filed in October last year.

Macarambon served as a regional trial court judge for 18 years, one month and 16 days.

But before reaching the optional retirement age of 60, he was appointed by then President Gloria Macapagal-Arroyo to the Comelec, where he served only for less than a year after his appointment was bypassed three times by the Commission on Appointments.

Macarambon was subsequently appointed by Arroyo as president and chief executive officer of the National Transmission Corp. but he resigned from the position after less than a year when he failed to receive a reappointment from President Aquino in 2010.

Macarambon then applied for retirement benefits from the high court, invoking Section 1 of Republic Act 910 that allows the payment of retirement benefits to an RTC judge who resigns by reason of incapacity to discharge the duties of his office.

Citing the case of Associate Justice Ramon Britanico of the Intermediate Appellate Court who also filed a similar petition under the same law, Macarambon said his appointment as Comelec commissioner incapacitated him to discharge his duties as an RTC judge on account of his “submission to the will of the political authority and appointing power.”

As an alternative, he appealed to be allowed to retire under the second sentence of Section 1 considering that he has rendered a total of 18 years, one month and 16 days of judicial service and a total of 35 years of government service.

While short of the minimum age requirement of 60, Macarambon believes the ruling of the SC in the case of Gregorio Pineda is applicable to his case where the Court brushed aside such requirement and considered the retiree’s career which was marked with competence, integrity, and dedication to public service.

The SC, however, junked his arguments, saying Macarambon had failed to satisfy the age requirement as shown by the records and by his own admission that he was less than 60 years of age when he resigned from his judicial office before moving to the Comelec.

“Likewise, he failed to satisfy the service requirement, not having been in continuous service with the judiciary for three years prior to his retirement,” the SC said.

The court explained Macarambon’s resignation was not by reason of incapacity to discharge the duties of the office.

“His separation from judicial employment was of his own accord and volition. Thus, our ruling in Britanico cannot be properly applied to his case since his resignation was voluntary,” the SC pointed out.

“We find no exceptional reasons to justify Judge Macarambon’s request. In Re: Gregorio Pineda, the case cited by Judge Macarambon, the Court fully explained how a liberal approach in the application of retirement laws should be construed,” the SC added.

The high court instead directed Macarambon to submit to the Office of the Administrative Services of the Office of the Court Administrator (OCA) all documentary and clearance requirements for retirement under RA 1616 or gratuity benefit.

The OCA also was ordered to process the documents required for Macarambon’s entitlement to retire under RA 1616.

Last Tuesday, the high court approved the bid of Panganiban to collect bigger benefits from the government since his retirement in December 2006.

A divided high court voted 8-6 in regular session to grant the earlier request of the former SC chief for re-computation of his benefits and inclusion of his four-year consultancy posts in government in his total period of service.

This means Panganiban may now claim higher benefits since his total credited service would increase from 11 years to 15 years.

Republic Act 9946 requires a retiree at least 15 years in government service to be able to claim higher benefits.

Chief Justice Ma. Lourdes Sereno, who was endorsed by Panganiban during her bid for the top SC post last year, voted to grant the plea along with seven other justices.

They agreed with the retired chief magistrate that his service as legal consultant in Board of National Education and as a legal counsel to the education secretary from January 1962 to December 1965 should have been credited when he retired.

Six other justices, however, dissented and agreed to their previous rule laid down on June 10, 2008.

“Consultancy or contract service is not considered government service pursuant to Rule XI (Contract of Services/Job Orders) of the Omnibus Rules Implementing Book V of Executive Order No. 292. Hence, your honor’s service as consultant to the Board of National Education from January 1962 to December 1965 was not credited in the computation of creditable government service,” explained Eden Candelaria, former deputy clerk of court of the SC.

Granting Panganiban’s request would result to abuse and could set a “bad precedent” for many private practitioners serving as legal consultant in government, dissenters said.