Court of Appeals Justices Veloso, Gacutan Salazar

Facts:
 The petitioners in this case are Justices of the Court of Appeals.
 Justices Veloso and Fernando claim longevity pay for services rendered within and outside the Judiciary as part of
their compensation package.
 Justice Gacutan who recently retired, claims deficiency payment of her longevity pay for the services she rendered
before she joined the judiciary, as well as the re-computation of her retirement pay to include to longevity pay.
 The basis of the claim for their longevity pay is in Batas Pambansa 129, Section 42. (Judiciary Reorganization Act of
1980)
JUSTICE GACUTAN AND VELOSO (NLRC COMMISSIONER) JUSTICE FERNANDO (COMELEC COMMISSIONER)

Issues:
 Whether or not Section 42 of the BP 129 should be given liberal interpretation

Held:
 The primary rule in addressing any problem relating to the understanding or interpretation of a law is to examine
the law itself to see what it plainly says. This is the plain meaning rule of statutory construction.

Section 42. Longevity Pay. A monthly longevity pay equivalent to 5% of the monthly
basic pay shall be paid to the Justices and Judges of the courts herein created for each
5 years of continuous, efficient, and meritorious service rendered in the judiciary;
provided That in no case shall the total salary of each Justice or Judge concerned,
after this longevity pay is added, exceed the salary of the Justice or Judge next in rank

 The language of the provision is clear and unequivocal: longevity pay is granted to a judge or justice of the courts
who has rendered 5 years of continuous, efficient and meritorious service in the Judiciary.
 The longevity pay is 5% of the monthly basic pay.
 The plain meaning of Section 42 provides that longevity pay is not available even to a judicial officer who is not a
judge or justice.
 It cannot be available to a judge or justice for past services he or she did not render within the Judiciary as
services rendered outside the Judiciary for purposes of longevity pay is not contemplated by the law.