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RE: Application for Retirement

RE: Application for Retirement/Gratuity Benefits under R.A. No. 910 as amended by R.A. No. 5095 and P.D. No. 1438 filed by Mrs. Cecilia Butacan, surviving spouse of the late Hon. Jimmy R. Butacan (former Judge, Municipal Trial Court in Cities, Branch 4, Tuguegarao City), who died on July 28, 2005.

A.M. No. 12535-Ret | 2008-04-22

R E S O L U T I O N


AUSTRIA-MARTINEZ, J.:

May the heirs of a judge who was found guilty of gross neglect of duty and dismissed from the service with disqualification from holding public office for an offense committed before he was appointed judge, be entitled to gratuity benefits?

Jimmy R. Butacan was appointed as Presiding Judge of the Municipal Trial Court in Cities (MTCC), Branch 4, Tuguegarao City, on June 19, 1995.[1]

Prior to his appointment to the judiciary, i.e., on February 14, 1995, Butacan, as Chief of the Legal Division, Civil Service Commission (CSC) Regional Office No. 2 was charged with grave misconduct and gross...