The Supreme Court ruled that Associate Justice Roberto A. Abad’s prior service in the Office of the Solicitor General (OSG) should be included in the computation of his longevity pay. This decision clarifies that government service in positions with equivalent judicial rank can be credited towards longevity pay for members of the judiciary, recognizing the aligned roles in the justice system. The ruling emphasizes that longevity pay should be treated as part of the overall salary and aims to equalize benefits between certain executive officials and members of the judiciary.

From Solicitor to Justice: Can Prior OSG Service Count Towards Judicial Longevity Pay?

This case revolves around a request by then Associate Justice Roberto A. Abad, seeking a salary adjustment based on longevity pay, accounting for his prior service in the Office of the Solicitor General (OSG). The central question is whether Justice Abad’s years of service in the OSG, prior to his appointment to the Supreme Court, could be considered as judicial service for the purpose of computing his longevity pay. This issue gains significance considering that his tenure as Associate Justice fell slightly short of the five years typically required to qualify for longevity pay.

The provision concerning longevity pay for members of the Judiciary, as outlined in Batas Pambansa (B.P.) Blg. 129 in conjunction with Presidential Decree (P.D.) No. 1927, specifies that:

Section 42. Longevity pay. – A monthly longevity pay equivalent to five percent (5%) of the monthly basic pay shall be paid to the Justices and Judges of the courts herein created for each five years of continuous, efficient, and meritorious service rendered in the judiciary; Provided, That in no case shall the total salary of each Justice or Judge concerned, after this longevity pay is added, exceed the salary of the Justice or Judge next in rank.

Initially, the Office of Administrative Services (OAS) suggested that Justice Abad’s OSG service could only be considered for longevity pay upon retirement. However, Justice Abad formally requested the Court to approve the inclusion of his OSG service in the computation of his longevity pay, leading to a referral to the Fiscal Management and Budget Office (FMBO) for further review.

The FMBO concurred that while Justice Abad’s OSG service could not be considered for longevity pay during his incumbency, it should be viewed as judicial service when computing his longevity pay for retirement purposes. The Supreme Court initially deferred action, awaiting the resolution of similar cases involving requests from Court of Appeals Justices, which raised analogous questions regarding the inclusion of government services rendered outside the Judiciary in the computation of longevity pay. In examining these consolidated matters, the Court had to weigh competing arguments and consider the potential implications of extending longevity pay benefits based on prior government service.

The Court’s analysis also took into account Republic Act (R.A.) No. 9417, which extended judicial ranks to various positions within the OSG, retroactively. This law played a crucial role in determining whether Justice Abad’s service in the OSG could be equated with service in the Judiciary for longevity pay purposes. The Court’s ultimate decision hinged on interpreting the scope and intent of the longevity pay provision, as well as the implications of laws granting judicial rank to certain positions outside the Judiciary.

Associate Justice de Castro articulated in A.M. No. 12-8-07-CA:

Under Section 42 of Batas Pambansa Blg. 129, longevity pay is an amount equivalent to 5% of the monthly basic pay given to Judges and Justices for each five years of continuous, efficient, and meritorious service rendered in the Judiciary. It is not only an amount given as an addition to the basic monthly pay but, more importantly, it forms part of the salary of the recipient thereof.

In other words, longevity pay is “salary” and it should not be confused with “rank.”

The Court recognized a long history of aligned ranks, qualifications, and salaries among members of the Bench, the Prosecution Service, and lawyers of the OSG, evident in various laws and jurisprudential precedents. This alignment acknowledged these public officers as integral pillars of our justice system. The Court deemed Justice Abad’s service in the OSG, from his appointment as Solicitor until his role as Assistant Solicitor General, should be included in his longevity pay calculation. It considered P.D. No. 1347 and related laws, which granted Solicitors the rank of Provincial Fiscals. This was further reinforced by the retroactivity provision in R.A. No. 10071, thus positioning the appointment as a service within the Judiciary.

However, the Court disagreed with the OAS and FMBO’s stance that Justice Abad’s OSG service should only factor into his retirement longevity pay. The Court drew from prior rulings, notably the situations of Justice Salazar-Fernando and Justice Gacutan, to justify including Justice Abad’s OSG service in the computation of his longevity pay not just for retirement, but for all purposes. This comprehensive approach underscores the Court’s commitment to recognizing the value of prior government service in positions deemed equivalent to judicial roles.

The Supreme Court’s decision ultimately hinged on interpreting the relevant laws and jurisprudence, emphasizing the importance of recognizing prior government service in positions with equivalent judicial rank. The ruling reflects a broader effort to ensure equitable treatment and benefits for public officers who have served in various capacities within the legal system.

FAQs

What was the key issue in this case?	The key issue was whether Justice Abad’s prior service in the Office of the Solicitor General (OSG) could be considered as judicial service for computing his longevity pay.
What is longevity pay?	Longevity pay is a monthly payment equivalent to 5% of the basic pay for every five years of continuous, efficient, and meritorious service in the judiciary. It’s designed to reward long-term commitment and performance within the judicial system.
What is Batas Pambansa Blg. 129?	Batas Pambansa Blg. 129, also known as the Judiciary Reorganization Act of 1980, outlines the structure and benefits for the judiciary, including the provision for longevity pay.
Why was Justice Abad’s service in the OSG initially not considered?	Initially, the OSG service was not considered because it was viewed as service outside of the Judiciary, which is the primary requirement for longevity pay under B.P. Blg. 129.
How did Republic Act No. 9417 affect the decision?	Republic Act No. 9417, which extended judicial ranks to certain positions in the OSG, retroactively, played a role in equating Justice Abad’s OSG service with judicial service.
What was the Court’s final ruling?	The Court granted Justice Abad’s request, directing the inclusion of his OSG service in the computation of his longevity pay, recognizing it as equivalent to service in the Judiciary.
What is the significance of this ruling?	The ruling clarifies that prior government service in positions with judicial rank can be credited towards longevity pay for members of the Judiciary, promoting fairness and equity.
Can this ruling be applied to other government employees?	This ruling primarily applies to members of the Judiciary who have previously served in government positions with similar judicial ranks, and each case would depend on specific circumstances and applicable laws.

This landmark decision underscores the Court’s recognition of the valuable contributions made by public officers in various roles within the legal system. By treating longevity pay as part of the salary and extending its benefits to those with prior government service, the Court aims to foster fairness and equity within the justice system.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: RE: REQUEST OF ASSOCIATE JUSTICE ROBERTO A. ABAD FOR SALARY ADJUSTMENT DUE TO LONGEVITY OF SERVICE, A.M. No. 13-05-04-SC, August 14, 2019