RETIRED associate justices of the Court of Appeals (CA) on Monday filed a petition before the Supreme Court seeking to compel the Department of Budget and Management (DBM) to immediately release their special allowances to cover retirement gratuities and terminal leave benefits.
In a five-page petition, the Association of Retired Court of Appeals Justices Inc., led by retired Associate Justice Teodoro Regino, accused Budget Secretary Florencio “Butch” Abad of violating the provisions of the Anti-graft and Corrupt Practices Act in giving an unwarranted benefit, advantage or preference in the discharge of his official duty.
The group said Abad showed “partiality and evident discrimination” by prioritizing the release of the claims of younger retired justices and junior justices.
“By reason of respondent’s refusal or neglect, without just cause, to perform his official duty as Budget Secretary, especially during these hard times, the members of petitioner’s Association suffered undue injury and damages, including moral, nominal, temperate exemplary or corrective, to be assessed by this Honorable Court, as a personal liability of respondent,” the petitioners said.
It is the duty of the DBM, according to the justices, to automatically and regularly release the necessary funding for special allowance of the judiciary (SAJ), which is a component of the retirement gratuity under Article VIII, Section 3 of the Constitution.
But, the group noted, that Abad continues to willfully refuse or neglect to fund and release the salary increases and special allowances for retired justices since January of this year.
The petitioners added that Abad refused to release their special allowances despite the SC’s May 4, 2010 order directing the DBM to issue the necessary special allotment release order and the corresponding notice of cash allocation to cover funding requirements for the SAJ of petitioners previously denied funding and to provide the necessary funding for present and future claims on the SAJ.
The group added that most of their members are now mostly octogenarians who need money for their medical expenses.
