'Conflicting court resolutions, not inaction, delayed pension release'
MANILA, Philippines — Conflicting court resolutions on survivorship benefits, and not inaction, caused the delay of pension aid releases, Chief Justice Maria Lourdes Sereno's spokespersons said.
In a statement, lawyer Jojo Lacanilao, one of Sereno's spokespersons, clarified that the chief justice does not have the "power to act unilaterally" on petitions on survivorship benefits.
Duterte youth lawyer and impeachment complaint filer Larry Gadon has accused the chief justice of betrayal of public trust for allegedly sitting on the applications for survivorship benefits.
A story in The STAR also detailed the case of Dolores Colayco, a 94-year-old widow of a retired Court of Appeals justice, who passed away without receiving benefits for her husband's years of working for the bench.
Colayco passed away on October 3.
Case background
Citing case background provided by SC Public Information Chief Ted Te, Sereno's team stressed that conflicting resolutions on the benefits for the spouses delayed the release of the pension.
According to Te, appellate justice Jose Colayco hung up his robes on Dec. 17, 1982 upon reaching the mandatory retirement age of 70. He passed away on May 26, 1992.
"At the time of his death, Republic Act No. 910 provided that upon the death of a retired justice, no further benefits were due the spouse. RA 9946 was enacted in 2010, substantially amending RA 910," the statement reads.
Republic Act 9946 provided additional retirement, survivorship and benefits to the members of the judiciary.
Te added that Colayco's application for the benefits was received by the high court only in August 2016.
“Considering the possibility of conflicting resolutions on the application of survivorship benefits, the SC en banc had to arrive at a policy decision,” Te explained.
The SC, as full court, arrived at a policy decision on Sept. 19, 2017. The recently issued high court resolution provided that pension benefits will also be provided to legitimate spouses of justice and judges who retired before RA 9446 was enacted in 2010.
Colayco's application was approved on October 10, 2017. Te said that pension benefits will then be given to her heirs.
READ: Point by point: Sereno answers impeachment complaint
Petitions now referred to committee
Lacanilao, for his part, stressed that: "[A]s part of administrative reforms of the court, applications for retirement benefits are now referred to the Special Committee on Retirement and Civil Service Benefits to help ensure judiciary-wide consistency of rules and grants."
“Where necessary, as when applications have issues, further study is undertaken by the Committee or its Technical Working Groups,” Lacanilao added.
Gadon wants Sereno ousted from the chief magistrate position on the grounds of culpable violation of Constitution, corruption, high crimes and betrayal of public trust.
Sereno has disputed all Gadon's allegations, and has said she will continue executing her duties as chief justice.
The complaint has already hurdled the House Committee on Justice as it was deemed sufficient in form and substance. The panel has found sufficient grounds to impeach Sereno but has yet to determine whether there is probable cause to do so.
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