UST Labor Law CD - Re Application For Retirement of Judge Moslemen Macarambon
UST Labor Law CD - Re Application For Retirement of Judge Moslemen Macarambon
Resignation stems from the employee’s own intent and volition to resign and relinquish
his post. It absolutely cuts-off the employment relationship in general. Retirement, on the other
hand, takes effect by operation of law and the employment relationship endures for the purpose
of the grant of retirement benefits.
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l a b or l aw 147
ISSUE:
Whether or not the Court can allow a judge who voluntarily resigned
from his judicial office before reaching the optional retirement age to receive
retirement benefits under R.A. 910, as amended
HELD:
On the other hand, resignation under R.A. No. 910, as amended must be
“by reason of incapacity to discharge the duties of the office.” The resignation
contemplated under R.A. No. 910, as amended must have the element of
involuntariness on the part of the justice or judge. More than physical or mental
disability to discharge the judicial office, the involuntariness must spring from the
intent of the justice or judge who would not have parted with his/her judicial
employment were it not for the presence of circumstances and/or factors beyond
his/her control.
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