CASE FACTS NOTES ISSUE RULING

Bengzon vs Comments of OSG: Answer
Drilon
6/20/1953
GR 103524 RA 910 enactment
- Provide retirement
pensions of SCJ & CAJ
- 20 yrs in service either
in judiciary or other
Govt branch or both
- 70 yrs age
- Resign because of
incapacity to discharge
office duties
*Ret. Justice shall receive
during the residue of his
natural life the salary w/c
he was receiving at the
time of retirement or
resignation
RA 910, as amended by RA 1797 WON the veto of the
AN ACT TO PROVIDE FOR THE President of certain
RETIREMENT OF JUSTICES OF provisions in the General
THE SUPREME COURT AND OF Appropriations Act for
THE COURT OF APPEALS
Fiscal Year 1992 re:
Sec 3A. if CA or SC Justice salary payment of adjusted
increased or decreased, such salary pensions of retired SC &
or retirement pension be deemed to CA Justices
be the salary or retirement pension
which a Justice who as of 6/12/1954
had ceased to be such to accept
another position in the Govt or who
retired was receiving at the time of his
cessation in office.
- Provided: any benefits that have
already accrued prior to increase or
decrease shall not be affected

6/21/1957
RA 910 was amended by RA
1797
*identical retirement benefits
also given to:
1. Consti commission members
RA 1568 as amended by RA
3595
2. AFP members PD 578
(marcos 11/12/1974), automatic
readjustment via RA 1797 and
RA 3595

1/25/1975 2 mos after

- Marcos PD 644
- Repealed Sec 3A RA
1797 & RA 3595
(amending RA 1568 & PD
578)
- Authorized adjustment of
pension of ret. SCJ &
CAJ, concomm chair &
members, AFP officers
 and enlisted members to
prevailing rates of
salaries

- PD 1638
- automatic readjustment
of retirement pension of
officers and enlisted men
subsequently restored by
Marcos

- PD 1909
- automatic readjustment
of retirement pension of
AFP members who have
retired prior to 9/10/1979

Retired SCJ and CA, concomm

officials and members pensions
were not restored

1990
- Congress approved a bill for
the reenactment of the
repealed provisions of RA
1797 and RA 3595.
- Legis intent & impression:
PD 644 became law after
it was published in the
Official Gazette on April
7, 1977.
- saw the need to reenact
RA 1797 and 3595 to
restore said retirement
pensions and privileges of
the SCJ, CAJ & and
ConComm members
- adequate old age pensions
even during the time when
the purchasing power of
the peso has been
diminished substantially by
worldwide recession or
inflation
7/11/1990
- Pres. Cory Aquino vetoed Bill
- "it would erode the very
foundation of the Govts
collective effort
(standardization of
compensation as articulated
in RA 6758 =Compensation
& Position Classification Act
of 1989.)
- "no distinct privileges to
select group of officials
whose retirement benefits
under existing laws already
enjoy preferential treatment
over those of the vast
majority of our civil service
servants."

4/22/1991
- Ret. CAJs filed a petition for
readjustment of their
monthly pensions in
accordance with RA 1797.
- PD 644 did not become
law as there was no
valid publication
pursuant to Taada v.
Tuvera
- Petition Granted

PD 644 history
- promulgated on January 24,
1975 appeared for the first
time only in the
supplemental issue of the
Official Gazette, (Vol. 74, No.
14) purportedly dated April
4, 1977 but published only
on September 5, 1983. Since
Presidential Decree 644 has
no binding force and effect
of law, it therefore did not
repeal Republic Act No.
 1797.

Simon vs CHR 7/9/1990
- A Demolition Notice
GR 100150 - Signed by Carlos Quimpo
(Exec Officer of QC
Integrated Hawkers Mgt.
Council under the Office of
the City Mayor)
- Sent to, received by Roque
Fermo, John Does (being
the officers and members of
the North EDSA Vendors
Association, Inc).
- Content: Grace u
The Commission on Human
Rights
-created by the 1987 Constitution
-formally constituted by then
President Corazon Aquino via
Executive Order No. 163,20 issued on
5 May 1987, in the exercise of her
legislative power at the time.
It succeeded, but so superseded as
well, the Presidential Committee on
Human Rights.21
powers and functions22
(1) Investigate, on its own or on
complaint by any party, all
forms of human rights
violations involving civil and
political rights;
WON CHR has jurisdiction
to:
1. investigate the alleged
violations of the "business
rights" of the private
respondents whose stalls were
demolished by the petitioners
(Simon, et.al) at the instance
and authority given by the
Mayor of Quezon City;
2. impose the fine of P500.00
each on the petitioners; and
3. disburse the amount of
P200,000.00 as financial aid to
the vendors affected by the
demolition.

(2) Adopt its operational

guidelines and rules of
procedure, and cite for
contempt for violations
thereof in accordance with
the Rules of Court;

(3) Provide appropriate legal

measures for the protection
of human rights of all
persons within the
Philippines, as well as
Filipinos residing abroad,
and provide for preventive
measures and legal aid
services to the
underprivileged whose
human rights have been
violated or need protection;
(4) Exercise visitorial powers
over jails, prisons, or
detention facilities;

(5) Establish a continuing

program of research,
education, and information
to enhance respect for the
primacy of human rights;
(6) Recommend to the
Congress effective
measures to promote human
rights and to provide for
compensation to victims of
violations of human rights, or
their families;

(7) Monitor the Philippine

Government's compliance
with international treaty
obligations on human rights;

(8) Grant immunity from

prosecution to any person
whose testimony or whose
possession of documents or
other evidence is necessary
or convenient to determine
the truth in any investigation
conducted by it or under its
authority;

(9) Request the assistance of

any department, bureau,
office, or agency in the
performance of its functions;

(10)Appoint its officers and

employees in accordance
with law; and

(11) Perform such other duties

and functions as may be
provided by law.
CHR Employees
Association vs
CHR

GR 155336