CASE 2016-0057: RE: LETTER OF COURT OF APPEALS JUSTICE VICENTE S.E. VELOSO FOR ENTITLEMENT TO LONGEVITY PAY FOR HIS SERVICES AS COMMISSION MEMBER III OF THE NATIONAL LABOR RELATIONS COMMISSION (A.M. NO. 12-8-07-CA); RE: COMPUTATION OF LONGEVITY PAY OF COURT OF APPEALS JUSTICE ANGELITA A. GACUTAN (A.M. NO. 12-9-5-SC)RE: REQUEST OF COURT OF APPEALS JUSTICE REMEDIOS A. SALAZARFERNANDO THAT HER SERVICES AS MTC JUDGE AND AS COMELEC COMMISSIONER BE CONSIDERED AS PART OF HER JUDICIAL SERVICE AND INCLUDED IN THE COMPUTATION/ADJUSTMENT OF HER LONGEVITY PAY. (A.M. NO. 13-02-07-SC) (26 JULY 2016, LEONARDO-DE CASTRO J.) (SUBJECT/S: LONGEVITY PAY)
DISPOSITIVE:
“WHEREFORE, premises considered, the Court resolves to GRANT the Motion for Reconsideration of CA Justice Gacutan and MODIFY the Resolution dated June 16, 2015 in A.M. Nos. 12-8-07-CA, 12-9-5-SC, and 13w02·07-SC, insofar as to GRANT CA Justice Gacutan’s request that her services as NLRC Commissioner be included in the computation of her longevity pay, but reckoned only from August 26, 2006, when Republic Act No. 9347 took effect.
SO ORDERED.”
SUBJECTS/DOCTRINES/DIGEST:
WHAT IS MEANT BY CONTEMPORANEOUS CONSTRUCTION?
IT IS THE INTERPRETATION OR CONSTRUCTION PLACED UPON THE STATUTE BY AN EXECUTIVE OR ADMINISTRATIVE OFFICER CALLED UPON TO EXECUTE OR ADMINISTER THE STATUTE.
IT INCLUDES THE CONSTRUCTION BY THE SECRETARY OF JUSTICE IN HIS CAPACITY AS THE CHIEF LEGAL ADVISER OF THE GOVERNMENT.
CERTAIN LAWS GRANT TO CERTAIN OFFICIALS OF THE EXECUTIVE DEPARTMENT THE RANK AND SALARY OF A MEMBER OF THE JUDICIARY. MEMBERS OF THE JUDICIARY ENJOY LONGEVITY PAY. DO THOSE CERTAIN OFFICIALS ALSO ENJOY LONGEVITY PAY?
YES.
THIS WAS THE INTERPRETATION OF THE JUSTICE SECRETARY.
THE RULE IS THAT COURTS SHOULD RESPECT THE CONTEMPORANEOUS CONSTRUCTION PLACED UPON A STATUTE BY THE EXECUTIVE OFFICERS WHOSE DUTY IS TO ENFORCE IT, AND UNLESS SUCH INTERPRETATION IS CLEARLY ERRONEOUS WILL ORDINARILY BE CONTROLLED THEREBY.
IN THE CASE OF JUDGES, WHAT LAW DEFINES LONGEVITY AS PART OF SALARY?
SECTION 42 OF BATAS PAMBANSA BLG. 129 CLEARLY STATES THAT THE LONGEVITY PAY IS “ADDED” TO THE BASIC MONTHLY SALARY AND FORMS PART OF THE “TOTAL SALARY” OF A JUDGE OR JUSTICE.
THUS, THE SALARY OF THE MEMBERS OF THE JUDICIARY REFERS TO THEIR RESPECTIVE BASIC PAY PLUS THE. LONGEVITY PAY TO WHICH THEY MAY BE ENTITLED BY VIRTUE OF THEIR CONTINUOUS, EFFICIENT, AND MERITORIOUS SERVICE IN THE JUDICIARY.
WHY WOULD LONGEVITY PAY BE ALSO PART OF SALARY IN THE CASE OF THOSE IN THE EXECUTIVE WHICH BY LAW ARE GIVEN THE EQUIVALENT RANK AND SALARY OF THOSE IN THE JUDICIARY?
BECAUSE THAT IS WHAT CONGRESS INTENDED IT. THE PERTINENT LAWS GRANTING THESE OFFICERS IN THE EXECUTIVE DEPARTMENT THE SAME RANKS AS THOSE IN THE JUDICIARY DO NOT DISTINGUISH SALARY WITH LONGEVITY PAY AND SALARY WITHOUT LONGEVITY PAY.
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