A.M. No. 02-1-12-SC ; March 14, 2007
IN RE: REQUEST OF JUSTICE BERNARDO P. PARDO FOR ADJUSTMENT OF HIS LONGEVITY PAY.

FACTS

Retired Supreme Court Associate Justice Bernardo P. Pardo requested an adjustment to his longevity pay by including his service as Chairman of the Commission on Elections (COMELEC) in the computation. He argued his judicial service exceeding 30 years was continuous, spanning from his 1971 appointment as Acting Assistant Solicitor General (with the rank of a CFI Judge) to his 2002 compulsory retirement, including his tenure as COMELEC Chairman from 1995 to 1998. He contended the COMELEC, exercising quasi-judicial functions, should be considered part of the judiciary for longevity pay purposes.
Justice Pardo further invoked Section 3 of Batas Pambansa Blg. 129, as amended, which states that any member of the Court of Appeals reappointed to the “Court” after government service elsewhere retains original precedence, with service considered continuous. He maintained the term “Court” generically includes the Supreme Court. The Court’s Deputy Clerk of Court and Chief Administrative Officer recommended denial, stating the COMELEC is a constitutional commission, not part of the judiciary, and that BP 129’s provision applies only to the Court of Appeals.

ISSUE

Whether Justice Pardo’s service as COMELEC Chairman should be included in the computation of his judicial longevity pay, thereby considering his judicial service as continuous despite the interruption.

RULING

The Supreme Court GRANTED the request. The Court rejected the first ground, holding that the COMELEC is an independent constitutional commission under Article IX of the Constitution and is not part of the judiciary. However, it sustained the request based on the second ground. The Court applied Section 3 of BP 129, as amended, ruling that the term “Court” is used in its generic sense and pertains to the “Judiciary” as a whole, not being explicitly limited to the “Court of Appeals.” Employing statutory construction to effectuate legislative intent, the Court held that the provision aims to consider service as continuous for a justice reappointed to the judiciary after service in another government position.
Since Justice Pardo, a former Court of Appeals Associate Justice, was reappointed to the Supreme Court after serving as COMELEC Chairman, his judicial service in both the Court of Appeals and the Supreme Court is deemed continuous under the law. The purpose of longevity pay is to reward continuous, efficient service within the judiciary from the lowest to the highest court. Consequently, his COMELEC service is includable for longevity pay computation, and his retirement benefits were ordered recomputed accordingly.