A.M. No.

RTJ-04-1868 13 August 2004

Re: Request of Judge Tito G. Gustilo that the second 25% grant of the Special Allowance for
Judge be included in the computation of his retirement benefits.
Facts:
On May 26, 2004, Judge Tito Gustillo, who is an RTC Judge from Iloilo wrote a letter to
Chief Justice Davide, requesting that the second tranche of R.A. 9227 (Providing Special
Allowance to Justices and Judges) be included in the computation of his retirement benefits. He
highlighted that he will be retiring on September 29, 2004, a month before the implementation of
the second tranche. He further contended that the court has the “liberal policy” in granting benefits
to Trial Court judges.
Chief Justice Davide, wrote a memorandum to the Office of the Court Administrator
(OCA), recommending the request of Judge Gustillo, by citing the latter’s proficient service in the
judiciary.
Issue:
Whether or not the judiciary can interpret the R.A 9227 in favour of Judge Gustillo?
Ruling:
Office of the Court Administrator (OCA) DECLINED the request of Judge Gustillo. R.A. 9227
has a clear provision in computing the retirement benefits of the judges based on what they
actually received. The function of the court is simple application and not interpretation or
circumvention of the law.