ALLOWING THE TACKING OF EARNED LEAVE CREDITS IN THE COMPUTATION OF LONGEVITY PAY UPON COMPULSORY RETIREMENT OF JUSTICES AND JUDGES.

WHEREAS, The Court has studied
proposals to allow the tacking of earned leave credits to the length of
judicial service for computation of the longevity pay.

WHEREAS, Section 42 of Batas
Pambansa (BP) 129 provides for a monthly longevity pay equivalent to 5%
of the monthly basic pay for every five years of service rendered in the
judiciary;

WHEREAS, it is true that vacation
and sick leave credits earned king the period of employment are, by
their nature and purpose, generally enjoyed during employment; however,
the law does not preclude the accumulation of these leave credits, not
to be paid while one is working, but to be reserved for senior age;

WHEREAS, retirement laws are
liberally interpreted in favor of the retiree because their intention is
to provide for his sustenance, and hopefully even comfort, when he no
longer has the stamina to continue earning his livelihood and the
liberal approach aims to achieve the humanitarian purposes of the law in
order that the efficiency, security, and well-being of government
personnel may be enhanced;

WHEREAS, laws pertaining to retiring
government personnel should be liberally construed to benefit retiring
personnel, following an interpretation that rightly expresses the
nation’s gratitude towards women and men who have tirelessly and
faithfully served the g overnment;

WHEREAS, earned leave credits,
computed in accordance with Section 40, Rule XVI of the Omnibus Rules on
Leave, should accordingly be allowed to increase the longevity pay of
Justices and Judges reaching the age of compulsory retirement;

NOW, THEREFORE, the COURT RESOLVED, as it hereby RESOLVES,
that earned leave credits shall be allowed to be tacked to the length
of judicial service for the purpose of increasing the longevity pay of
Justices and Judges who reach the age of compulsory retirement. The
computation should also include the additional percentage of longevity
pay that corresponds to any fraction of a five-year period in the total
number of years of continuous, efficient and meritorious service
rendered, considering that the retiree would no longer be able to
complete the period because of his compulsory retirement.

This Circular shall take effect immediately.

Adopted this 11th day of November, 2003.