President stice Amy Lacarelnter ‘Supreme Court Executive Vee President Jtsice Mara Filomena Singh ‘Supreme Court ee-Presidens Juice Tua Mariym Payeyo.tilordon Cour of Appeas Lstice Ma. Therest M.Arcega ‘Sandiganbaran Justice Ma. Belen Rngpis-Liban (Cour of Tax Appeats Judge Josefa co Sicar Regional Til Court Judge Barbara Ae H, Briones Family Cours ge Mo. Vitoria. Pitan Mer and MTCC nde Ma. Belinda Crisostomo-Rana MIC and MCTC Secretary ndge Rosalyn ML Assent Secretary Judge Emily San Gaspar-Giio Treasurer nde ary Charen: Homans dea Assistant Treasurer Judge Lean Grimares Auditor Jade Ae Beare Agana amass Assistant attor Jide Maria ents omaha Public Relations Officer udge Rebecca Gullen- Uae Assistnt Public Relations Officer ndge Pereyeranda Dela CraeAon Board of Directors [NCR Region (District 1): «tdge Short Tabi NCR Region (Disric 2): Judge Bolen & Carasig Region I Judge Charms Voterarbevse Region I: Judge Remate C.Corbe arenas Repiow I (Distt 1: Judge Jodie Dela Cre Matton Region I (Distt 2: udge Maria Amit S. Fier eyes ‘Region 1 (isc 1): Jue Mar Sc Sane ‘Region 1 (Disrer): Iudge Lucena DC. Danan Region udge Marts Clarissa t. Pacing Region VI Indge Rosario Abigail Drisanweva Region VTE Judge Chisine S. Mug Abad Region VMI LIndge Ruserna Oba ego IX: Jug Shain B.Bangsaia Region X: Jadge Abouben Jade Pablin Bacal eglon XT Judge Gemma ( Betonio ‘Region XI Judge Ratnera Oss PHILIPPINE WOMEN JUDGES ASSOCIATION INC. Supreme Court of the Philippines Padre Faura St., Ermita, Manila, Philippines February 6, 2023 Hon. Juliet Marie De Leon Ferrer House of Representatives Committee on Justice Chairperson Dear Hon. De Leon Ferrer: Thi on the following measure: 1. Initial Consideration and Approval of House Bill 1836 re: Hazard Pay to RTC Judges (by Rep. Ruwel Peter Gonzaga); and 2. Initial Consideration and Approval of House Bill 1643 (by Rep. ;-Agabas) and House Bill 1694 (by Rep. Ray : Support to Spouse and Children of Slain Marlyn L. Primiciz Florence , Reyes) r Judges Please see attached Position Paper of PWJA on the above measures. Further, the representatives of PWIA who will personally attend on all the requisite meetings will be the following members/judges, whose respective identification cards are herein attached: 1, Judge Sheryll Dolendo Tulabing Regional Director-NCR1, PWJA Presiding Judge Br. 28, RTC- Manila City Acting Presiding Judge Br. 68, RTC- San Juan City Email address: shervlifern 19@ yahoo.com Mobile Number: 0917-8302988 2. Judge Ma. Zenaida Bernadette T. Mendiol Assistant Auditor, PWJA Presiding Judge Br. 80, RTC ~ Malolos, Bulacan Email address: mzbim44055@yahoo.com Mobile Number: 0977-8549581 ‘Thank you and best regards. Very truly y Supreme Fourt Aksociate Justice and President of the PWJA to acknowledge receipt of your letter invitation dated February 2, 2023 for the meeting on February 8, 2023 (Wednesday) to deliberatePresident tice Amy Lactroevier ‘Supreme Court Executive Vice President Juice Mart Flomena Sigh Supreme Court Vice-Presdents Jee Ta Maryn Payoyo-iloon Cour of Appeals Justice Ma. Theresa. drcegas ‘Sandiganbayen tice Maz Belen Ringo Liban ‘Court of Te Appeals Judge Josefina EcoStcar ‘Regional Trial Court Judge Barbara elt H. Briones Family Cours eke Ma Vitor. Pali "MeTC and MCC Sadge Ma, Belinda Crsostomo-Rama MTC and MCTC Secrenry Judge Rosalyn M. Loja Assistant Secretary Inge Enis San Gaspar- Cio Treasurer dee ary Charlone Homan ta AssitentTreavurer Judge Lean Grimares Auilior Lem eorce Agneta Assistant Audi nde Mora Zona Berd to Public Relations Officer Judge Rebecca Cullen haa Assistant Public Relations Officer Judge Perepveranda Dela Cnesdon Board of Directors NCR Region (Distr “Judge Shell Talabing [NCH Region (Distrit 2) Judge Belen S. Cori Region I Judge Charm YaeracLvite Region I: ul RemalieC. Corba ‘Region Il (Distt Indge Jo Ane Dela Cre Matton Region Il (Dstit 2): Judge Maria Amiaih S. Fer -Reves ‘Region IV (Dsl) Jide Maria Ss Sona Tors Region IV District): Jade cna DC. Dacuan ‘Region Vs Indge Marta ClartsaL, Pacts-indad ion VI Region VII: Judge Raberna Qual ‘Region IX: Iudge Shay B.Bargscja Region X udge Abouben Jade & Pabelln- Bacal February 5, 2023. PHILIPPINE WOMEN JUDGES ASSOCIATION INC. Supreme Court of the Philippines Padre Faura St., Ermita, Manila, Philippines Position Paper on House Bill No. 1836 (Introduced by Rep. Ruwel Peter 8. Gonzaga) An Act Granting Hazard Pay to Regional Trial Court Judges and ‘Appropriating Funds Therefore House Bill No. 1643 (Introduced by Rep. Marlyn L. Primicias-Agabas) An Act Providing Support for the Surviving Spouse and Children of Slain Justices and Judges, Amending for the purpose Republic Act No. 910, As Amended, Entitled "An Act to Provide for the Retirement of Justices of the Supreme Court and of the 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", and Appropriating Funds Therefor House (Introduced by Rep. Ray An Act Providing Support for the Surviving Spouse and Children of Slain Justices and Judges, Amending for the Purpose Republic Act No. 910, as Amended, Entitled "An Act to Provide for the Retirement of Justices of the Supreme Court and of the 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-S Appropriating Funds Therefor "Peace can only last where human rights are respected, where the people are fed, and where individuals and nations are free." 14th Dalai Lama Introduction Section 5, Article I of the 1987 Constitution provides that the maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. More importantly, Section 11, Article IT of the Constitution declares as a state policy, that the State values the dignity of every human person and guarantees full respect for human rights, In March 2021, Amnesty International reported that at least 61 lawyers, judges, and prosecutors have been killed since 2016. From 2004 to 2001, only seven (7) cases resulted in charges filed in Court.! ‘The Supreme Court of the Philippines condemned these killings and described them as an “assault to the Judiciary.” The Supreme Court pledged to take action and sought assistance from the law enforcement upsy/vww.amnesty orp/en/latest/press-release/200 /03/philippines-surge-killings-lawyers/; last accessed:nde commit and the lower courts to report all killing incidents which transpired for the ‘nein xt past 10 years.? uige Ratna Os But the count continues. Judges and justices alike are not spared from impunity. In fact, on November 11, 2020, the late Judge Maria Teresa Abadilla of the Regional Trial Court, Branch 45, Manila was shot by her own branch clerk of court inside her chamber. ‘Thus, House Bill No. 1836° re: Hazard Pay to RTC Judges and House Bill Nos. 16434 and 16945 re: Support to Spouse and Children of Slain Judges, were filed as direct responses to this gruesome disrespect and disregard to the lives of our judges. The bills aim to address the dignity and well- being of our judges and recognize their role and contribution to nation building. These bills are fully supported by the Philippine Women Judges Association (PWJA), an organization composed of incumbent and retired lady justices and judges in good standing, I. The Government’s Role to Protect the Members of the Judiciary The PWJA abhors the killing of justices and judges drawn by persons with evil intent and motives. Such loss to life deserves ultimate condemnation from the society. As such, there is a call for the government to protect the members of the Judiciary. In fact, the UN Basic Principles on the Role of Lawyers calls on governments to “ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference”. Too, they shall not “suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics”? ‘The UN Basie Principles on the Role of Lawyers also require that “where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.” To respond, the government created the Office of the Judicial Marshals. (OJM) under Republic Act 11691 or the Judicial Marshals Act. The law ‘was signed by then President Rodrigo Roa Duterte on April 8, 2022. ‘The OFM was created to “undertake investigations of crimes and other offenses committed against justices, judges, court officials and personnel, halls of justice, courthouses, and other court properties.” With these measures granted by law and UN policies, we affirm the State’s policy to ensure the safety and security of the members of the Indiciary in order for them to function independently and impartially, in upholding the rule of law, and in preserving the rights and guarantees aa ® By Rep. Ruwel Peter Gonzaga “ By Rep. Maryn L. Primicias-Agabas 5 By Rep. Ray Florence T. Reyes ® Article 16 (a) , UN Basie Principles on the Role of Lawyers, 7 Article 16 (c) , UN Basic Principles on the Role of Lawyers, * Article 17 , UN Basie Principles on the Role of Lawyers. * Section 3 of RA 11691.™ Section 2 of RA 11691. granted by the Constitution." IL. House Bill No. 1836: Tax-exempt Hazard Pay of 25% Basic Monthly Salary Article 3 of the Universal Declaration on Human Rights (UDHR) categorically states that everyone has the right to life, liberty and security of persons. Further, Article 6 of the International Covenant on Civil and Political Right (ICCPR) states that every’ human being has the inherent right to life. This right shall be protected by law, No one shall be arbitrarily deprived of his life: ‘The PWJA detests the ruthless killings and attacks against our judges, The associated occupational risk being faced by our judges should be compensated by an entitlement such as a hazard pay that will inspire and stimulate judges to perform their duties and responsibilities impartially. Certainly, Article 8 of UDHR states that everyone has the right 10 an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by she constitution or by law: Currently, judges are given a monthly tax-exempt hazard pay of Five ‘Thousand Pesos (PhPS,000.00) to each of the first level court judges or judges sitting in Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC), Municipal Trial Court (MTC), and Municipal Circuit Trial Courts (MCTC). On the other hand, monthly hazard pay of Eight Thousand Pesos (PhP8,000.00) is given to cach of the second level court judges or judges sitting in Regional Trial Courts (RTC). House Bill No. 1836 seeks to grant a tax-exempt hazard pay to judges equivalent to Twenty-Five Percent (25%) of their basic monthly salary during their incumbency. PWIA fully supports such inerease in hazard pay, and expresses its desire to extend the coverage of House Bill No. 1836 not only to the RTC judges, but to all judges, especially to women judges in particular, Indeed, the hazard pay rate of PhP5,000.00 for first level court judges and PhP8,000.00 for second level court judges per month has become too low considering the recent occurrences of continuous intentional killings and attacks against judges. Notably, when judges are killed, assassinated or attacked, it makes a mockery of the justice system and discourages aspiring judges to enter the judiciary out of fear for their own lives and the lives of their families. Thus, in order to preserve and uphold a functional and efficient justice system, a tax-exempt hazard pay to judges equivalent to Twenty-Five Percent (25%) of their basic monthly salary should be accepted as a priority policy within the country’s socio- economic agenda. The granting of just and equitable hazard pay to judges is but an insignificant measure intended not only to safeguard the judges” personal independence but also to recognize their role of bringing justice to the nation. IIL House Bill Nos, 1643 and 1694: Support for the surviving spouses and surviving children of judicial officials who were slain while in the line of dutyAs regards financial assistance to the surviving spouses and children of judicial official who were slain in line of duty, the PWJA proposes that House Bill Nos. 1643 and 1694 be passed into law. It would not only encourage members of the Judiciary to perform their judicial function with utmost diligence but it would also protect their famili from the possible deaths which may arise in the performance of their duties. Nonetheless, it is the association’s position that only the legitimate surviving spouses and their surviving children may receive the benefits under the proposed bills. Notably, the word “legitimate” was not mentioned in the proposed bills, thus: SECTION 1. Section 2 of Republic Act No. 910, as amended, is hereby further amended as follows: “SECTION 2. xxx 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 of the number of years served in government or the Judiciary, the surviving spouse and the survivin 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 allowance such as PERA and additional compensation allowance which are received by an Associate Justice of the Supreme Court. When a Justice of Judge killed intentionally while in service, the presumption is that the death is work-related.” “SECTION 3. xxx Provided finally, that if the retired 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, Jump sum, to be computed based on all the salaries and the other benefits of as Associate Justice of the Supreme Court.” xxx Upon the death of the surviving spouse, the benefits of such spouse shall be transferred to the surviving children on the slain justice or judge.” “SECTION 3-A. All pension benefits of retired members of the Judiciary of their surviving spouses and children shall be automatically increased whenever there is an inerease in the salary of the same position from which he/she retired. If the surviving spouse and children of a slain justice of judge have not received the full lump sum due them within one (1) 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 of judge shall be computed based on the difference between the ‘amounts already received and the ten (10)-year lumps um based on current rates of salaries, benefits, allowances and other grants given to an Associate Justice of the Surpeme Court.” ‘The proposal to include the word “legitimate” is suggested here to 4avoid claimants who are not the real beneficiaries of the slain justice or judge. This is also to make certain that the benefits under the proposed bills will be received by the ones who are indeed entitled to the same. Further, the PWJA would want to take this opportunity to open the floor for the possible amendment of the proposed bills to allow the surviving children to receive the benefits under it in pro-rata. For this will ensure that the children would be equally benefited in case of death of their father or mother. In this regard, the PWJA reiterates its support for House Bill Nos. 1836, 1643, and 1694 as they help address the rising threats of killings to the members of the Judiciary. The PWJA hopes that with the passage of these bills, they would help contribute to the creation of holistic and adequate measures to address the needs of the beneficiaries in case of their sudden loss. It is envisioned that these bills would financially assist and support the ones who were left behind, Respectfully submitted. February 6, 2023. Manila, Philippines. AMY£. LAZARO-JAVIER Supreme Court Associate Justice and President of the PWJA