Amending Republic Act 910 Providing for the Retirement of Justices and All Judges in the Judiciary as Amended

Case Overview and Summary

Summary of Presidential Decree No. 1438

Amending Retirement Benefits for Justices and Judges

- Provides for the computation of retirement benefits for Justices and Judges to include their highest monthly salary plus the highest monthly aggregate of transportation, living, and representation allowances.

Provisions for Heirs of Deceased Justices and Judges (Section 2):
- If a Justice or Judge dies while in actual service and was entitled to retirement benefits based on length of service, their heirs shall receive a lump sum of five years' gratuity computed on the basis of the highest monthly salary plus the highest monthly aggregate of allowances.
- The same benefits shall be extended to incumbent Justices or Judges who retire upon reaching 65 years of age or due to illness or permanent physical disability, certified by the appropriate tribunal, without having attained the required length of service.

Provisions for Retiring Justices and Judges (Section 3):
- Upon retirement, a Justice or Judge shall be automatically entitled to a lump sum of five years' gratuity computed on the basis of the highest monthly salary plus the highest monthly aggregate of allowances received on the date of retirement.
- If the reason for retirement is a permanent disability contracted during incumbency and prior to the date of retirement, the retiree shall receive only a gratuity equivalent to ten years' salary and allowances, with no further monthly annuity payable.

Appropriation (Section 2):
- Authorizes the appropriation of necessary funds to carry out the purposes of this amendatory act.