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Request of Atty. Zialcita
Request of Atty. Zialcita
Further, the terminal leave pay may also be considered as a retirement gratuity,
which is also another exclusion from gross income as provided for in Section 28
(b), 7 (f) of the Tax Code. The 23 August Resolution (AM 90-6-015-SC), however,
specifically applies only to employees of the Judiciary who retire, resign or are
separated through no fault of their own. The resolution cannot be made to
apply to other government employees, absent an actual case or controversy, as
that would be in principle an advisory opinion.
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