(002) Allarde v CoA, G.R. No. 103578, January 29,1993 CASE DIGEST.doc

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Allarde v. CoA G.R. No. 103578 January 29, 1993 GRINO-AQUINO, J.: DESCRIPTION OF THE CASE: This case is about the extra allowance that Judge Allarde receives(d) from the Municipality of Muntinlupa. STATEMENT OF FACTS: Rodolfo T. Allarde (Allarde) was the presiding Judge of Branch 80, Metropolitan Trail Court in Muntinlupa, Metro Manila. He had resigned and it was accepted January 13, 1997. He applied for retirement which the Supreme Court (SC) approved on July 11, 1989 In addition to Allarde's retirement pay, GSIS included P240,000 representing the 5 year lump sum of his P4,000 allowance from the Municipality of Muntinlupa. This was to be charged to the Municipality of Muntinlupa in pursuance of Batas Pambansa Blg. 866, which was subject to the availability of funds. The Metro Manila Authority had received news regarding this and had denied Allarde of this benefit. STATEMENT OF THE CASE: Allarde filled a his claim on the Commission of Audit (CoA), which the CoA denied on. Allarde filed a memorandum/motion for reconsideration of the decision but CoA reiterated it's deny on his claim. He then again filed a second reconsideration which met the same fate, hence this petition for review. ISSUE: Whether or not the Allowance provided by the Municipality of Muntinlupa is included in his retirement pay.

RULING Petition is DENIED Under Sec. 3 RA No. 910 as amended by PD No. 1438 "Sec. 3. Upon retirement, a justice of the Supreme Court or of the Court of Appeals, or a judge of the Court of First Instance, Circuit Criminal Court, Agrarian Relations, Tax Appeals, Juvenile and Domestic Relations, city or municipal court, or any other court hereafter established shall be automatically entitled to a lump sum of five years’ gratuity computed on the basis of the highest monthly salary plus the highest monthly aggregate of transportation, living and representation allowances he was receiving on the date of his retirement; Provided, however, that if the reason for the retirement be any permanent disability contracted during his incumbency in office and prior to the date of retirement he shall receive only a gratuity equivalent to ten years’ salary and allowances aforementioned with no further annuity payable monthly during the rest of the retiree’s natural life." cralaw virtua1aw library

CONSTRUCTION - Where the law is clear and categorical, then there is only room for implementation It is clear that allowances that may be included must be either transportation, living and representation allowance. Allarde failed to prove that the allowance he received from the Municipality of Muntinlupa was either of this provided, thus cannot be considered as retirement gratituity. The Solicitor General added that such allowances does not constitute an integral part of the judges remuneration for it MAY or MAY NOT be given by the local government and is dependent on the liberality of the matter. Since the retirement law was not intended to deal unequally and unfairly with the judges, it would be unfair for Judges of the same rank if these allowances are mandatory since different municipalities have different economic capacities. Some Judges may receive more while others may receive less. DISPOSITIVE PORTION WHEREFORE, finding no grave abuse of discretion in the decision of the Commission on Audit, the petition for review is hereby DISMISSED SO ORDERED.

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