Budget Secretary Florencio Abad. INQUIRER FILE PHOTO / LYN RILLON
Retired lawyers from the Public Attorney’s Office (PAO) on Monday accused Budget Secretary Florencio “Butch” Abad of blocking the release of their retirement pay.
“We beg leave to stress that the DBM, Secretary Abad and Atty. [Candice] Ruiz (Legal Service Head of the Department of Budget and Management) are unlawfully and illegally withholding the PAO retirees’ retirement pay in sheer violation of the PAO Law and the National Prosecution Service Law (NAPROSS),” the petition for mandamus filed before the Quezon City Regional Trial Court stated.
The 40 retired PAO lawyers are appealing for the release of P139-million retirement benefits that the DBM has been withholding since 2010.
Used as basis for the computation of the P139-million total retirement gratuity package for the public defenders was Republic Act No. 9406 or the PAO Law in relation to RA 10071 or the National Prosecution Service Law (Napross Law).
The DBM, in the opinion released by Atty. Ruiz, said PAO lawyers are not entitled to the same retirement package as that of prosecutors and judges.
Section 5 of the PAO Law states that a PAO lawyer “shall have the same qualifications for appointment, rank, salaries, allowances and retirement privileges” given to a public prosecutor.
The last paragraph of Section 16 of the Napross Law, however, provides that “the salaries, allowances and other emoluments herein fixed shall not apply to officers other than those of prosecutors in the National Prosecution Service, notwithstanding any provision of law assimilating the salaries of other officers to those herein mentioned.”
The retirees said the DBM has been inconsistent with its stand because its previous issuances—a letter to former Justice Secretary Leila de Lima, DBM and Government Service Insurance System Joint Circular 2013-1 signed by Budget Secretary Florencio Abad himself—recognized that they were entitled to the same benefits as those of public prosecutors.
The retirees said by changing its stand, “the DBM, Secretary Abad and Atty. Ruiz violated the PAO retirees’ and the public attorneys’ vested rights under the law. Worse, by referring the matter to the DOJ when the latter clearly has no jurisdiction, the DBM and Secretary Abad unjustifiably delayed the release of the PAO retirees’ retirement benefits. Bad faith and malice are, therefore, quite noticeable.”
The PAO retirees said Abaya and Ruiz should be made liable to pay for actual and compensatory damages under the Civil Code, P400,000 moral damages and P400,000 exemplary damages.
The retirees also asked the QCRTC to maintain the status quo on the retirement and life insurance premium government share for the qualified public attorney.
After hearing, the retirees asked the court to nullify the legal opinion issued by Ruiz.
Retiree petitioners are Amelia Garchitorena, Bonifacio Guyot, Cynthia Vargas, Gaudencio Fineza Jr., Romeo Sunga, Teresita De Guzman, Jesus Garrucha Jr., Marcelo Cabana, Reynaldo Casas, Carmelito Sumile, Renato Cabrido, Florencio Diloy, Macapangcat Mama, Elidio Bacuyag, Oscar Melad, and Arnulfo Singson.
Named respondents to the case were Abad and DMB chief legal Atty. Rowena Candice Ruiz. JE/rga
RELATED STORIES
Retired PAO lawyers to gov’t: Don’t abandon us
Acosta fears increasing number of public lawyers leaving PAO