A.M. No. 10654-Ret. June 27, 2008
IN RE: PETITION FOR THE FAVORABLE CONSIDERATION OF THE FOUR (4) YEARS LENGTH OF SERVICE AS A SANGGUNIANG BAYAN MEMBER OF THE PETITIONER TO COMPLETE THE TWENTY-ONE YEARS OF GOVERNMENT SERVICE FOR PURPOSES OF RECEIVING HIS MONTHLY LIFETIME PENSION AFTER FIVE (5) YEARS, JUDGE ANTONIO S. ALANO (Ret.).

FACTS

Judge Antonio S. Alano was approved for disability retirement under Republic Act No. 910 , as amended, effective April 4, 2001. The Court initially credited him with over 17 years of government service, comprising 11 years as a judge and 6 years as a Provincial Board Member. This fell short of the 20-year requirement for a monthly lifetime pension, entitling him only to a five-year lump sum gratuity. Judge Alano filed a Motion for Partial Reconsideration, later followed by a petition, asserting that his four-year service as a Sangguniang Bayan Member of Isabela, Basilan, from January 10, 1976, to January 31, 1980, should be credited. If included, his total service would exceed 21 years, qualifying him for the lifetime pension.
The Court initially denied his motion, stating such service could not be accredited. Judge Alano subsequently submitted certifications and session minutes to substantiate his claim. The Office of the Court Administrator recommended granting his request. However, the Department of the Interior and Local Government had no records, and the local government’s records were reportedly destroyed. The Court ultimately accepted secondary evidence, including certifications from former colleagues and excerpts from Sanggunian session minutes, as sufficient proof of his service.

ISSUE

Whether Judge Alano’s service as a Sangguniang Bayan member can be credited to complete the 20-year government service requirement for a monthly lifetime pension under R.A. No. 910 , as amended.

RULING

Yes. The Supreme Court granted the petition, ordering the crediting of Judge Alano’s Sangguniang Bayan service. This decision rests on two primary legal grounds. First, the Court applied the doctrine that retirement laws are to be construed liberally in favor of the retiree to fulfill their humanitarian purpose. All doubts regarding legislative intent are resolved to benefit the retiree, ensuring they receive the full measure of support intended after a life of public service.
Second, the Court accepted secondary evidence to prove the service. While official appointment documents were unavailable due to destruction, the submitted certifications from a former Vice-Mayor and the Human Resource Management Officer, along with certified excerpts from the Sangguniang Bayan session minutes where Judge Alano’s attendance and participation were recorded, constituted competent and credible evidence. This evidence satisfactorily established the fact of his four-year tenure. Consequently, with this service credited, Judge Alano’s total government service amounted to 21 years, 6 months, and 13 days. He was therefore granted an additional five-year lump sum payment and, should he survive beyond the ten-year period from his retirement date, a monthly pension for life.