Beruflich Dokumente
Kultur Dokumente
Bengzon vs Comments of OSG: Answer RA 910, as amended by RA 1797 WON the veto of the
Drilon AN ACT TO PROVIDE FOR THE President of certain
6/20/1953 RETIREMENT OF JUSTICES OF provisions in the General
GR 103524 RA 910 enactment THE SUPREME COURT AND OF Appropriations Act for
THE COURT OF APPEALS
- Provide retirement Fiscal Year 1992 re:
pensions of SCJ & CAJ Sec 3A. if CA or SC Justice salary payment of adjusted
- 20 yrs in service either increased or decreased, such salary pensions of retired SC &
in judiciary or other or retirement pension be deemed to CA Justices
Govt branch or both be the salary or retirement pension
- 70 yrs age which a Justice who as of 6/12/1954
- Resign because of had ceased to be such to accept
incapacity to discharge another position in the Govt or who
office duties retired was receiving at the time of his
*Ret. Justice shall receive cessation in office.
during the residue of his - Provided: any benefits that have
natural life the salary w/c already accrued prior to increase or
he was receiving at the decrease shall not be affected
time of retirement or
resignation
6/21/1957
RA 910 was amended by RA
1797
*identical retirement benefits
also given to:
1. Consti commission members
RA 1568 as amended by RA
3595
2. AFP members PD 578
(marcos 11/12/1974), automatic
readjustment via RA 1797 and
RA 3595
- PD 1638
- automatic readjustment
of retirement pension of
officers and enlisted men
subsequently restored by
Marcos
- PD 1909
- automatic readjustment
of retirement pension of
AFP members who have
retired prior to 9/10/1979
1990
- Congress approved a bill for
the reenactment of the
repealed provisions of RA
1797 and RA 3595.
- Legis intent & impression:
PD 644 became law after
it was published in the
Official Gazette on April
7, 1977.
- saw the need to reenact
RA 1797 and 3595 to
restore said retirement
pensions and privileges of
the SCJ, CAJ & and
ConComm members
- adequate old age pensions
even during the time when
the purchasing power of
the peso has been
diminished substantially by
worldwide recession or
inflation
7/11/1990
- Pres. Cory Aquino vetoed Bill
- "it would erode the very
foundation of the Govts
collective effort
(standardization of
compensation as articulated
in RA 6758 =Compensation
& Position Classification Act
of 1989.)
- "no distinct privileges to
select group of officials
whose retirement benefits
under existing laws already
enjoy preferential treatment
over those of the vast
majority of our civil service
servants."
4/22/1991
- Ret. CAJs filed a petition for
readjustment of their
monthly pensions in
accordance with RA 1797.
- PD 644 did not become
law as there was no
valid publication
pursuant to Taada v.
Tuvera
- Petition Granted
PD 644 history
- promulgated on January 24,
1975 appeared for the first
time only in the
supplemental issue of the
Official Gazette, (Vol. 74, No.
14) purportedly dated April
4, 1977 but published only
on September 5, 1983. Since
Presidential Decree 644 has
no binding force and effect
of law, it therefore did not
repeal Republic Act No.
1797.
Simon vs CHR 7/9/1990 The Commission on Human WON CHR has jurisdiction
- A Demolition Notice Rights to:
GR 100150 - Signed by Carlos Quimpo -created by the 1987 Constitution 1. investigate the alleged
(Exec Officer of QC violations of the "business
Integrated Hawkers Mgt. -formally constituted by then rights" of the private
Council under the Office of respondents whose stalls were
President Corazon Aquino via demolished by the petitioners
the City Mayor) Executive Order No. 163,20 issued on (Simon, et.al) at the instance
- Sent to, received by Roque 5 May 1987, in the exercise of her and authority given by the
Fermo, John Does (being legislative power at the time. Mayor of Quezon City;
the officers and members of
the North EDSA Vendors 2. impose the fine of P500.00
It succeeded, but so superseded as
Association, Inc). each on the petitioners; and
well, the Presidential Committee on
- Content: Grace u Human Rights.21 3. disburse the amount of
P200,000.00 as financial aid to
powers and functions22 the vendors affected by the
(1) Investigate, on its own or on demolition.
complaint by any party, all
forms of human rights
violations involving civil and
political rights;
GR 155336