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Friday, May 3, 2024

Bill to help heirs of slain judges OKd

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The House of Representatives has recommended for Senate action a bill providing support for the members of the judiciary by granting benefits to the surviving heirs of judiciary members who are killed intentionally while in the performance of their duties.

This came after the House unanimously approved House Bill 8121 which encourages what the bill describes as ‘young idealistic judges and justices’ to remain in the service and to dispense justice without fear.

The bill amends Republic Act 910, as amended, titled “An Act To Provide For The retirement Of Justices Of The Supreme Court And Of Court Of Appeals, For The Enforcement Of The Provisions Hereof By The Government Service Insurance System, And To Repeal Commonwealth Act Numbered Five Hundred And Thirty-Six.”

House Deputy Speaker Rep. Raneo Abu, principal author of the bill, expressed hopes that the Senate will pass the measure in the same enthusiasm as that of the House.

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He said throughout the years, the country has experienced judiciary officials being assassinated, brutally killed, and assassinated by criminals in the hopes of obstructing the ends of justice.

He cited a report by the Amnesty International which states that from 1992 to 2015, some 22 judges were murdered or assassinated in the country. “This translates to two judges being killed annually.”

Abu said that as stipulated in Section 2 of the Republic Act No. 9946, as amended, when a judge or justice is intentionally killed while in service, the presumption is that the death is work-related.

“The risk alongside the job of these judiciary officials should be counterbalanced by providing them with a grant that will encourage them to fully perform their duties and responsibilities.” Abu said.

“Hence, this bill seeks to support the judiciary by granting benefits to their surviving heirs in case they are killed while dispensing justice.”

The bill amends Section 2 of RA 910, as amended, which carries the provision that states: “When a justice or judge is killed by reason of the performance of official duty, or when such justice or judge is killed intentionally while in service, regardless of age at the time of death or the number of years served in government or the judiciary, the surviving spouse and the surviving children of the slain justice or judge shall also be entitled to receive during the residue of their natural lives also in the manner hereinafter provided, the salary plus the highest monthly aggregate of transportation, representation and other allowances such as PERA and additional compensation allowance which are received by an associate justice of the Supreme Court.”

Amendment to Section 3 of the same Act also states that “If the justice or judge is killed by reason of the performance of official duty, the surviving spouse and children of the slain justice or judge shall receive all the benefits provided in this Section when applicable, plus a gratuity equivalent to ten (10) years salary, lump sum, to be computed based on all the salaries and other benefits of an associate justice of the Supreme Court.”

Furthermore, the amended section provides that “Upon the death of the surviving spouse, the benefits such spouse was receiving under the Section shall be transferred to the surviving children of the slain justice or judge.”

The proposal also seeks to amend Section 3-A of RA 910, as amended, so that “If the surviving spouse and children of a slain justice or judge have not received the full lump sum due them within one year from the death of the justice or judge, any lump sum still to be granted to the surviving spouse or surviving children of the slain justice or judge shall be computed based on the difference between the amounts already received and the ten (10)-year lump sum based on the current rates of salaries, benefits, allowances and other grants given to an associate justice of the Supreme Court.”

Abu said the approval of the bill will embolden the justices and judges, especially the young idealistic judges and justices, to dispense justice without fear knowing that the government has their back and will support them, and their family, as they uphold the rule of law.

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