In Re Martin
In Re Martin
In Re Martin
Eleven years later, Justice Martin applied for the lifetime pension provided in Section 1 of RA 910
on the theory that at the time he applied for disability retirement under Section 3 of RA 910, on
January 10, 1978, he had already "earned a vested right to such lifetime benefits" for he was
more than 60 years of age and had rendered over 20 years service in the Government the last
five of which had been continuously rendered in the judiciary
“Sec. 1. A [judge] who has rendered at least twenty years service in the judiciary or in any other
branch of the Government, or in both, (a) retires for having attained the age of seventy years, or
(b) resigns by reason of his incapacity to discharge the duties of his office, he shall receive during
the residue of his natural life, in the manner hereinafter provided, the salary which he was
receiving at the time of his retirement or resignation.
In view of the explicit provision in Section 3 that "if the reason for the retirement be any
permanent disability . . . he shall receive only a gratuity equivalent to ten years' salary and
allowances aforementioned with no further annuity payable monthly during the rest of the
retiree's natural life," the Court En Banc denied his request.
ISSUE: WON the interpretation (strict) of the court in relation to Section 3 of RA 910 was correctly
applied.
RULE: No. The Court found merit in the Justice Martin’s plea for a liberal interpretation of Section
3 of RA 910. As held in Bautista v Auditor General: Retirement laws should be liberally construed
and applied in favor of the persons intended to be benefited by them, and all doubts as to the
intent of the law should be resolved in favor of the retiree to achieve its humanitarian
purposes.
The purpose of the ten-year lump sum under Section 3 is to enable the disabled retiree to meet
the medical and hospital expenses for the treatment of his illness. If at the time of retirement he
was already entitled to retire under Section 1 of RA 910 and to receive his 5-year lump sum plus a
lifetime pension after five years, his having applied for disability retirement under Section 3 of
the law in order that he may receive the 10-year lump sum gratuity, should not result in the
forfeiture of his right to a lifetime pension if he should still be alive after ten (10) years from his
retirement.
The ten-year lump sum payment provided in Section 3 of RA 910 is intended to assist the stricken
retiree in meeting his hospital and doctors' bills and expenses for his support. The law is not
intended to deprive him of his lifetime pension if he is also entitled to retire under Section 1 and
is fortunate to be still alive after ten years. The retirement law aims to assist the retiree in his old
age, not to punish him for having survived.