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Allarde v.

G.R. No. 103578
January 29, 1993
This case is about the extra allowance that Judge Allarde receives(d)
from the Municipality of Muntinlupa.
Rodolfo T. Allarde (Allarde) was the presiding Judge of Branch 80,
Metropolitan Trail Court in Muntinlupa, Metro Manila. He had resigned and it
was accepted January 13, 1997. He applied for retirement which the
Supreme Court (SC) approved on July 11, 1989
In addition to Allarde's retirement pay, GSIS included P240,000
representing the 5 year lump sum of his P4,000 allowance from the
Municipality of Muntinlupa. This was to be charged to the Municipality of
Muntinlupa in pursuance of Batas Pambansa Blg. 866, which was subject to
the availability of funds.
The Metro Manila Authority had received news regarding this and had
denied Allarde of this benefit.
Allarde filled a his claim on the Commission of Audit (CoA), which the
CoA denied on. Allarde filed a memorandum/motion for reconsideration of
the decision but CoA reiterated it's deny on his claim. He then again filed a
second reconsideration which met the same fate, hence this petition for
Whether or not the Allowance provided by the Municipality of
Muntinlupa is included in his retirement pay.

Petition is DENIED
Under Sec. 3 RA No. 910 as amended by PD No. 1438
"Sec. 3. Upon retirement, a justice of the Supreme Court or of the Court of Appeals, or
a judge of the Court of First Instance, Circuit Criminal Court, Agrarian Relations, Tax
Appeals, Juvenile and Domestic Relations, city or municipal court, or any other court
hereafter established shall be automatically entitled to a lump sum of five years
gratuity computed on the basis of the highest monthly salary plus the highest monthly
aggregate of transportation, living and representation allowances he was receiving on
the date of his retirement; Provided, however, that if the reason for the retirement be
any permanent disability contracted during his incumbency in office and prior to the
date of retirement 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 retirees natural life."
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CONSTRUCTION - Where the law is clear and categorical, then there is only
room for implementation
It is clear that allowances that may be included must be either
transportation, living and representation allowance. Allarde failed to prove
that the allowance he received from the Municipality of Muntinlupa was
either of this provided, thus cannot be considered as retirement gratituity.
The Solicitor General added that such allowances does not constitute
an integral part of the judges remuneration for it MAY or MAY NOT be given
by the local government and is dependent on the liberality of the matter.
Since the retirement law was not intended to deal unequally and
unfairly with the judges, it would be unfair for Judges of the same rank if
these allowances are mandatory since different municipalities have different
economic capacities. Some Judges may receive more while others may
receive less.
WHEREFORE, finding no grave abuse of discretion in the decision of the
Commission on Audit, the petition for review is hereby DISMISSED