IN RE: REQUEST OF CLERK OF COURT ADMINISTRATOR
FACTS
On January 5, 1999, Justice Buena , the then Presiding Justice of CA got promoted to the Supreme Court. A vacancy in the position of Presiding Justice in the CA entails replacement, and as a result of this, by operation of law, the most senior justice from CA, Justice Jorge Imperial assumed the Presiding Justice Position. On February 4, 1999, just a month after he assumed the position, Justice Imperial resigned.
The Clerk of Court, Gatmaitan sent a letter to the Chief Justice asking on what basis shall the retirement benefits of Justice Imperial be computed. According to the Revised Internal Rules of the CA, “upon retirement, a justice of CA, shall be automatically entitled to a lump sum of five years gratuity computed on the basis of the highest month salary plus the highest monthly aggregate of transportation, living, and representation allowances he was receiving on the date of his retirement.” (emphasis supplied)
The court administrator asserts on the other hand that this highest month salary rate as defined in the Rules shall be limited to the highest salary rate actually received by an official/employee as fixed by law and/or indicated in his duly approved appointment. Justice Imperial is not entitled to the salary rate of the Presiding Justice.
ISSUE
Whether the retirement benefits of Justice Imperial should be computed on the basis of the salary rate of a Presiding Justice?
HELD
YES. The Supreme Court ruled allowing retirement benefits to be computed on the basis of the Salary rate of a Presiding Justice. By virtue of Judiciary Reorganization Act, and the Revised Internal Rules of Court of Appeals or RIRCA, it is clear that Justice Imperial became Acting Presiding Justice of CA by operation of law, at a time when the position of Presiding Justice of the CA was vacant. The Memorandum Circular by GSIS refuted the submission of the Court Administrator as it provides that “ the computation of the gratuity payable to a retiring government official or employee shall be on the basis of highest salary received.
