(Part 25) EN BANC | HERNANDO, J Re Expenses of Retirement of CA Justices

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(Part 25) EN BANC | HERNANDO, J Re Expenses of Retirement of CA Justices


In its June 25, 2019 Resolution in the present Administrative Matter, the Court approved the increase in the allocated retirement program budget of the Court of Appeals.




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It is conceded that the CTA and the Sandiganbayan are of the same rank and level as the Court of Appeals.

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VOL. I
VOL. II


Initially, upon the creation of the CTA on June 16, 1954 by virtue of Republic Act (R.A.) No. 1125,3 it was a specialized court of limited jurisdiction with the same rank as the Court of Industrial Relations (CIR), which, in turn, was of equal rank as the then Courts of First Instance4 (CFIs). As this Court had previously recounted:



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The CTA was created by R.A. No. 1125 in 1954. The CTA's standing in the hierarchy of courts in our jurisdiction, before its elevation to a collegiate tribunal by virtue of R.A. No. 9282, was that of a specialized court of limited jurisdiction. It was not at the same level as the [Court of Appeals], since its decisions may be appealed thereto, and it was not also a trial court.


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 Under Section 1 of R.A. No. 1125, the Presiding Judge of the CTA had the same qualifications, rank, category and privileges as the Presiding Judge of the Court of Industrial Relations (CIR) while the Associate Judge of the CTA had the same qualifications, rank, category and privileges of a member of the CIR.



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In Kaisahan ng mga Manggagawa sa La Campana v. Hon. Caluag, the CIR was equal in rank with the Courts of First Instance. x x x




With the enactment of R.A. No. 92826 on March 30, 2004, the CTA was elevated to a collegiate court with special jurisdiction and of the same level as the Court of Appeals.


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Whenever the salaries of the Presiding Justice and the Associate Justices of the Court of Appeals are increased, such increases in salaries shall be deemed correspondingly extended to and enjoyed by the Presiding Justice and Associate Justices of the CTA.


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Whenever the salaries of the Presiding Justice and the Associate Justices of the Court of Appeals are increased, such increases in salaries shall be correspondingly extended to and enjoyed by the Presiding Justice and the Associate Justices of the Sandiganbayan.



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They shall hold office until they reach the age of 65 years or become incapacitated to discharge the duties of their office. 


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While the composition and organization of the Sandiganbayan had been amended by legislation through the years,10 it remains to be of the same level as the Court of Appeals.
  


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  NOTE | 

Nevertheless, it bears to point out that the retirement program budgets of retiring Justices of collegiate courts are not expressly provided under any law. They are not part of the "retirement and other benefits" to which the statutes pertain, viz., pensions, lump sums, and survivorship.


Such retirement program budgets are more in the nature of administrative expenses which are allotted by the collegiate courts, with the approval of this Court En Banc, to their respective retiring members in order to recognize and celebrate the latter's service and contribution to the Judiciary, in particular, and the public, in general.


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There being no explicit statutory mandate that the Justices of the collegiate courts are entitled to retirement program budgets, then, there is also no basis for them to legally demand that such budgets be equal across collegiate courts of the same rank or level.

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  The retirement program budgets of Justices of collegiate courts are subject to the discretion and approval of this Court, as part of its constitutional power of administrative supervision over all courts and personnel thereof. 

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In the exercise of such discretion, the Court takes into consideration several factors, such as, but not limited to, the established or actual costs of the items and activities which are part of the retirement program, the number of employees of the collegiate court, the period of time since the last increase in the retirement program budget, and the availability of funds.


 Read the full decision at

https://dlupload.com/filedetail/1761917355

   

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