A.M. No. 14061-Ret - Re: Application for Retirement of Macarambon

Judge Moslemen T. Macarambon submitted a letter dated September 15, 2011 requesting retirement under Republic Act (RA) No. 910, as amended by RA No. 9946.
The request was accompanied by a Memorandum from Court Administrator Jose Midas P. Marquez, both addressed to former Chief Justice Renato C. Corona.

Judge Macarambon served as a judge of the Regional Trial Court (RTC) for 18 years, 1 month, and 16 days.
Prior to reaching the optional retirement age of 60, he transferred to the Commission on Elections (COMELEC) after being appointed as a Commissioner by then President Gloria Macapagal Arroyo.
His tenure at COMELEC lasted less than a year, and he was bypassed thrice by the Commission on Appointments for reappointment.
Subsequently, he was appointed by President Arroyo as President/CEO of the National Transmission Corporation, from which he resigned within a year due to failure to secure reappointment under President Benigno C. Aquino III.

RA No. 910 (as amended) provides for retirement benefits under two circumstances:

Retirement by reaching the age of 70.
Voluntary resignation due to incapacity to discharge judicial duties, subject to certification by the Supreme Court.

The law further stipulates that for optional retirement under the second sentence of Section 1, a judge must:

Have attained the age of 60.
Have rendered at least 15 years of government service, the last 3 of which must have been continuously in the Judiciary.

Judge Macarambon also argued that, alternatively, his combined government service of 35 years and judicial service of over 18 years qualified him under the provisions of RA No. 910.

Judge Macarambon asserted that his appointment as COMELEC Commissioner rendered him incapable of discharging his RTC duties due to his subjection to political authority, drawing comparison with the precedent set in the case of Justice Ramon B. Britanico.
Alternatively, he contended that despite not having reached 60, his long career marked with competence, integrity, and dedication to public service warranted an exception under the Court’s liberal interpretation, as seen in Re: Gregorio G. Pineda.
The Court Administrator, however, maintained that:

The prerogative for accepting the COMELEC appointment was entirely voluntary and distinct from any incapacity to perform RTC duties.
His service record did not meet the continuous service requirement in the Judiciary for the application of RA No. 910.

The issue of accumulated leave credits was also examined: records showed that at the time Judge Macarambon left the RTC, he had 514 vacation leaves and 79 sick leaves—figures deemed insufficient to bridge the gap required for retirement under RA No. 910, especially as these credits were forwarded to COMELEC upon his transfer.

Despite the shortcomings with RA No. 910, it was noted that Judge Macarambon qualifies for retirement under RA No. 1616, having met the requirements of being in government service since June 1, 1977 and rendering at least 20 years of service, the last 3 years in the Judiciary.
The Court advised him to file an application for optional retirement under RA No. 1616, subject to the usual clearance, fund availability, and other retirement requisites.

Whether a judge who voluntarily resigned from his judicial post prior to reaching the required age for optional retirement is entitled to receive retirement benefits under RA No. 910, as amended.
Whether Judge Macarambon’s voluntary acceptance of a COMELEC appointment constitutes a condition that incapacitates him from discharging his duties as an RTC judge.
Whether his accumulated governmental and judicial service, despite falling short of the minimum age requirement and continuous service prerequisites, can be accepted for retirement under RA No. 910.
Whether the available accumulated leave credits could be credited to make up for the deficiency in meeting the statutory age requirement.