78 OG No. 40, 5486-30 Supp. (October 4, 1982)

[ PRESIDENTIAL DECREE NO. 1826, January 16, 1981 ]

AN ACT AMENDING SECTION 6 OF P.D. 1630, BE KNOWN AS "TANODBAYAN"

WHEREAS, Republic Act No. 3595 amending RA 1568 provides a
special retirement scheme for the Auditor General and the Chairman and Members
of the Commission on Elections and P.D. 1582 extended the same retirement
benefits to the Chairman and Members of the Civil Service Commission;

WHEREAS, the Sandiganbayan considered to be under the
judiciary, is covered by the special retirement law for justices and judges;

WHEREAS, the Tanodbayan Decree, P.D. 1630, is silent on the
retirement benefits granted to the Tanodbayan and his Deputies, thereby leaving
them as the only heads of a constitutional body without a special retirement
plan;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the power vested in me by the Constitution, do hereby
order and decree that Sec. 6 of P.D. 1630 be revised to read as follows:

"SEC. 6. Term of Office and Retirement
Benefits.—(a) The Tanodbayan and his Deputies shall serve for a term of
seven years without re-appointment unless removed by the President upon his
determination that the Tanodbayan or any of his Deputies has become
incapacitated or has been guilty of neglect of duty, or misconduct;

"(b) THE TANODBAYAN AND HIS DEPUTIES ARE GRANTED THE SAME RETIREMENT AND
RELATED BENEFITS AS NOW EXTENDED AND MAY SUBSEQUENTLY BE GRANTED TO THE CHAIRMAN
AND MEMBERS OF THE COMMISSION ON AUDIT, THE COMMISSION ON ELECTIONS AND THE
CIVIL SERVICE COMMISSION.

"(c) If the Office of the Tanodbayan becomes vacant for any cause, the Senior
Deputy Tanodbayan shall serve as Acting Tanodbayan until the Tanodbayan shall
have been appointed for a full term."

Done in the City of Manila, this 16th day of January in the year of Our Lord,
nineteen hundred and eighty-one.

	(Sgd.) FERDINAND E. MARCOSPresident of the Philippines
	By the President:
	(Sgd.) JUAN C. TUVERA
		Presidential Executive Assistant

Vol. 25, Vital Documents, Presidential Decree 1980-1981

Source: Supreme Court E-Library