RE: MEDICAL CONDITION OF AJ CORNEJO

RE: MEDICAL CONDITION OF ASSOCIATE JUSTICE MARIA CRISTINA J. CORNEJO, SANDIGANBAYAN

A.M. No. 16-10-05-SB

March 14, 2017

Facts:

Associate Justice Maria Cristina J. Cornejo had been in government service since 1977 and a judiciary from January 1987 up to the present year. In the letter of Presiding Judge Amparo M. Cabotaje-Tang address to the court, he states that Justice Cornejo has been on sick leave since June 2016 and on November 2016, the court found out that Justice Cornejo is physically and medically incapacitated to perform her duties, and responsibilities as Sandiganbayan Justice. On January 2017, Justice Cornejo wrote a letter to Chief Justice Maria Lourdes P. A. Sereno to request the approval of her optional retirement and later the court treat her request as one for the retirement due to disability.

Issue:

Whether or not, a retirement for disability of a judge/justice could be granted with the benefits covered by R.A. 910

Held/Ruling:

Yes. Section 3 of Republic Act No. 910, as amended, grants a 10-year lump sum of 10 years' gratuity---computed on the basis of the highest monthly salary plus the highest monthly aggregate of transportation, representation, and other allowances such as personal relief allowance (PERA) and additional compensation allowance to a retired Sandiganbayan Justice provided however, that if the reason for the retirement be any permanent disability contracted during his/her incumbency in office and prior to the date of retirement, he/she shall receive a gratuity equivalent to ten (10) years' salary and the allowances aforementioned: Provided further, that should the retirement under Section 1 (a) hereof be with the attendance of any partial permanent disability contracted during his/her incumbency and prior to the date of the retirement, he/she shall receive an additional gratuity equivalent to two (2) years lump sum that he/she is entitled to under this Act; Provided furthermore, that if he/she survives after ten (10) years or seven (7) years, as the case may be, he/she shall continue to receive a monthly annuity as computed under this Act during the residue of his/her natural life pursuant to Section 1 hereof: Provided, finally, that those who have retired with the attendance of any partial permanent disability five (5) years prior to the effectivity of this Act shall be entitled to the same benefits provided herein. WHEREFORE, this Court resolves to DECLARE Associate Justice Ma. Cristina J. Cornejo to have suffered permanent total disability effective March 1, 2017 as requested; and GRANT her the lump sum permanent disability benefits provided for in Section 3 of Republic Act No. 910, as amended. The Fiscal Management and Budget Office is DIRECTED to compute the benefits due to Justice Cornejo under Republic Act No. 910, to be made available to her or her duly constituted guardian.