Re: Request of Abad
REITERATIONFacts
The Antecedents: Associate Justice Roberto A. Abad requested a study on his entitlement to salary adjustment due to longevity of service, considering his continuous government service from 1969 to 1986 in various capacities, including as Technical Assistant at the Supreme Court and Solicitor up to Assistant Solicitor General in the Office of the Solicitor General (OSG), prior to his appointment as Associate Justice of the Supreme Court in 2009. Procedural History: The Office of Administrative Services (OAS) opined that OSG service could not be included for active service salary adjustment but recommended its inclusion for retirement purposes. The Fiscal Management and Budget Office (FMBO) concurred, stating OSG service could not be considered for entitlement during incumbency but could be for retirement. The Court deferred action pending resolution of similar cases involving Court of Appeals Justices. In a subsequent resolution, the Court granted similar requests for certain officials, reversing earlier stances and emphasizing the intent to equalize salaries and benefits of certain executive officials with members of the Judiciary. The Court then considered Justice Abad's request meritorious. The Petition: Justice Abad formally requested the Court to approve the OAS recommendation, which was later supported by the FMBO's comment, to include his OSG service in the computation of his longevity pay.
Issue(s)
Whether service in the Office of the Solicitor General (OSG) can be included in the computation of longevity pay for Associate Justice Roberto A. Abad, and whether such inclusion should be for all intents and purposes or limited to retirement purposes.
Ruling
The Court GRANTS the request of Associate Justice Roberto A. Abad and DIRECTS the Office of Administrative Services and the Fiscal Management and Budget Office to include Associate Justice Roberto A. Abad's service in the Office of the Solicitor General in the computation of his longevity pay.
Ratio Decidendi
On the inclusion of OSG service in longevity pay computation and its purpose: The Court held that service in the Office of the Solicitor General (OSG) by officials who were granted by law the same rank and salary as members of the Judiciary should be credited as judicial service for the purpose of computing longevity pay. This is based on the long history of aligned ranks, qualifications, and salaries among members of the Bench, the Prosecution Service, and the OSG, as evidenced by various laws and jurisprudential precedents. The Court emphasized that public officers serving in these capacities are acknowledged as integral pillars of the justice system, and laws have consistently aimed to establish parity in qualifications, rank, and benefits. The retroactivity provision in Republic Act No. 10071, which granted judicial rank to prosecutors, further supports the interpretation that such service should be deemed service in the Judiciary. The Court found Justice Abad's entire service in the OSG, from Solicitor to Assistant Solicitor General, to be meritorious for inclusion in his longevity pay computation. The Court disagreed with the OAS and FMBO's position that OSG service could only be included for retirement purposes. Citing its rulings in similar cases involving Justices Salazar-Fernando and Gacutan, the Court clarified that the inclusion should be for all intents and purposes, not limited to retirement. The Court noted that in the case of Justice Salazar-Fernando, her judicial service prior to appointment to the Court of Appeals was included in her current longevity pay computation despite a gap. Similarly, Justice Gacutan's service as NLRC Commissioner, a position accorded judicial rank, was deemed judicial service from the time the law granting such rank became effective and was included in her longevity pay computation. The combined application of these rulings led the Court to conclude that Justice Abad's OSG service should be included in his longevity pay computation for all intents and purposes, aligning with the legislative intent to equalize salaries and benefits.
Main Doctrine
Service in the Office of the Solicitor General (OSG) by officials who were granted by law the same rank and salary as members of the Judiciary should be credited as judicial service for the purpose of computing longevity pay, not only for retirement but for all intents and purposes.