DBM told to abide by court decision on PAO retirement benefits
Justice Secretary Vitaliano Aguirre II called on the Department of Budget and Management (DBM) to abide by the decision of the Quezon City Regional Trial Court Branch 230 ordering the release of the P139-million retirement benefits of public lawyers.
The Quezon City court, in its ruling, nullified the DBM’s Legal Services Opinion No. 14 issued on November 2015. The said opinion stated that lawyers from the Public Attorneys Office (PAO) are not entitled to the same retirement package as that of the prosecutors and judges.
But PAO insisted in their case that under Section 5 of the PAO Law, a PAO lawyer shall have the same qualifications for appointment, rank, salaries, allowances and retirement privileges as those of a public prosecutor.
READ: Retired PAO lawyers win P139-M retirement benefit case vs DBM
The court agreed with PAO saying that they are entitled to the same retirement privileges as those of their counterparts in the National Prosecution Service under the PAO law (Republic Act 9406) and that reference shall be made on the retirement benefits of the prosecutors in the National Prosecution Service at present governed by the NAPROSS Law (Republic Act No. 11071).
The court said the PAO retirees “should comfortably enjoy their retirement in the relative security of a regular monthly pension and should not be denied benefit and left without means of sustenance.”
The court added that it is only fitting that a public servant who served for a great number of years be rewarded.
Aguirre, in his letter to Budget Secretary Benjamin E. Diokno, said the DOJ agrees with the findings of the lower court “that a judicial declaration on the presence of ambiguity, which necessitates an interpretation, should have been sought by way of an action for declaratory relief.”
“In the absence of the same, DBM-GSIS Circular No. 2013-1 and Budget Circular No. 2013-1, which recognize the rights of PAO retirees to gratuities same as those of their NPS (National Prosecution Service) counterparts, stand,” Aguirre said.
The P139 million are for 40 retired public defenders.
Of the 40 public lawyers, five have already passed away—Attys. Rody Alonzo of Davao City, Juan Suco of Marikina, Valentin Daoas of Cordillera, Manuel Ramos of Region 2 and Diosdado Savellano of NCR. JE/rga
