REQUEST OF JUDGE TITO G. GUSTILO, AM No.

RTJ-04-1868, August 13, 2004,

(En Banc), Callejo Sr., J.

Facts:

Judge Tito G. Gustilo of Regional Trial Court of Iloilo City, Branch 23, avers that he is
due to retire at the age of 70 (compulsory retirement) on September 29, 2004. By then he would
have serves the Judiciary for 21 years: 7 years, and 11 and ½ mos. of which as Executive Judge
of the RTC Iloilo City.

Judge Gustilo requests that, considering his retirement is barely one month from
November 2004, the second tranche of the Special Allowance granted to judges under RA 9227
be included in the computation of his retirement benefits. Judge Gustilo claims that pursuant to
OCA Circular No. 48-2004 dated March 3, 2004, the first tranche of the Special Allowance
equivalent to 25% was implemented starting November 11, 2003. The next 25% (second trance)
will be implemented on November 11, 2004. In this connection, Judge Gustilo appeals to the
Chief Justice that the second tranche of the Special Allowance be included since his retirement is
only one month and twelve days before its implementation. The Chief Justice and OCA
RECOMMENDED the request to be granted.

In compliance with the Courts Resolution, referring Judge Gustilos letter and the OCAs
memorandum to her for study and recommendation, Chief Atty. Edna D. Dio submitted her
Report dated July 15, 2004. The Chief Attorney recommends that Judge Gustilos request be
denied for not being in accord with Section 2 & 5 of Rep. Act No 9227 and the Par 4.1 & 4.2 of
Guidelines on the Grant of Additional Compensation promulgated by the Court.

Issue/s:

Whether the second 25% grant of the special allowance for judges which is only a few
days away from implementation, be included in the computation of retirement benefits, is
pursuant to law?

Ruling:

Court regrettably cannot grant the request of Judge Gustilo. It is axiomatic that when the
law is clear, the function of the courts is simple application, not interpretation or circumvention.
A pure reading of the law shows that for purposed of retirement, only the allowances actually
received and the tranches already received and implemented, upon the date of retirement shall be
included in the computation of the retirement benefits. The congressional records as well reveal
the unequivocal intention of the lawmakers that only the Special Allowance actually received at
the date of retirement shall be included in the computation of retirement benefits. Request is
DENIED.