Courtesy of jade Last meeting we discussed about retirement benefits and we did some computation in retirement pay.

We also discussed the cases of teodoro Santiago vs. coa, manuel baladero vs. gsis, gsis vs. belo. Still in retirement benefits Compulsory age of retirement 65 with at least 15 yrs of service,provided that if he has less than 15 years of service, he shall be allowed to continue in the service to complete the 15 years subject to civil service regulation Different in the case of judges and justices they are allowed to retire at 70 Pnp and afp-56 years old Reason-.aims at maintaining efficiency in the govt.. service and to give the retiring public servants to enjoy the remainder of their life. This is the case of hilarion vironilla vs. gsis L-21723.
The compulsory retirement of government officials and employees upon their reaching the age of 65 years is founded on public policy which aims by it to maintain efficiency in the government service and at the same time give to the retiring public servants the opportunity to enjoy during the remainder of their lives the recompense, inadequate perhaps for their long service and devotion to. the government, in the form of a comparatively easier life, freed from the rigors of civil service discipline and the exacting demands that the nature of their work and their relations with their

superiors as well as the public would impose upon them

CENA Doctrine (modified later by Rabor Doctrine) When Cena, the Register of Deeds of Malabon,reached the age of 65, he had rendered a total government service of 11 years, 9 months and 6 days. However, before reaching his 65th birthday, he requested the Sec of Justice through the Land Registration Authority, that he be allowed to extend his service to complete the 15year service requirement to enable him to retire with full benefits of oldage pension. The CSC ,to which the matter was referred ruled that Cena was only entitled to an extension of 1 yr, is ruling of CSC correct? HELD: NO, sec 11 of GSIS Act (PD 1146) does not limit the extension of service to only one year. Being remedial in character, a statute creating a pension or establishing a retirement plan should be liberally construed and administered in the favor of the persons benefited thereby. The liberal approach aims to achieve the humanitarian purposes of the law in order that the efficiency, security and well-being of government employees may be enhanced. Rabor v. CSC Facts: Dionisio M. Rabor is a Utility Worker in the Office of the Mayor, Davao City. He entered the government service as a Utility Worker on 10 April 1978 at the age of 55 years. Sometime in May 1991, an official in the Office of the Mayor of Davao City, advised Dionisio M. Rabor to apply for retirement, considering that he had already more than 68

years old. Rabor responded by showing a GSIS certificate with a notation to the effect that his service is extended for him to complete the 15-years requirement for retirement. The Davao City Government wrote to the Regional Director of the Civil Service Commission, Region XI, Davao City informing the latter of the foregoing and requesting advice as to what action should be taken on Rabors case. Director Caward replied by saying that Rabors continued employment is contrary to OP M.C. No. 65 hence, it is non-extendible. Mayor Duterte furnished Rabor a copy of Cawads letter and order him not to work anymore. Rabor asked Director Cawad for extension of his job until he completed the 15-year requirement but was denied. Rabor then asked OP for an extension. His request was referred by OP to CSC and thereafter CSC denied Rabors request. Rabor asked for reconsidered of CSC ruling citing Cena case but was denied. Rabor reiterated his request to Mayor Duterte but was rebuffed. Hence, this petition. Issue: WON Rabor request for extension should be granted in view of Cena case Held: No. Cena doctrine overturned. Rabors employment cannot be extended. Cena laid heavy stress on the interest of retirees or would be retirees, however ,SC is bound to note that there would be countervailing stress on the interest of employer as a whole. Our conclusion is that the doctrine of Cena should be modified to the extent that it is discretionary on the part of the head of the government agency to allow or disallow extension of the service of an official or employee who has reached

65 and this discretion is nevertheless to be exercised conformably with the provision of CSC Memorandum Circular 27 series of 1990. The supreme court said we find it very difficult to suppose that the limitation of permissible extensions of service after an employee has reached sixty-five (65) years of age has no reasonable relationship or is not germane to the foregoing provisions of the present Civil Service Law. The physiological and psychological processes associated with ageing in human beings are in fact related to the efficiency and quality of the service that may be expected from individual persons. The policy considerations which guided the Civil Service Commission in limiting the maximum extension of service allowable for compulsory retirees, were summarized by Grio-Aquino, J. in her dissenting opinion in Cena:
Worth pondering also are the points raised by the Civil Service Commission that extending the service of compulsory retirees for longer than one (1) year would: (1) give a premium to late-comers in the government service and in effect discriminate against those who enter the service at a younger age; (2) delay the promotion of the latter and of next-in-rank employees; and (3) prejudice the chances for employment of qualified young civil service applicants who have already passed the various government examination but must wait for jobs to be vacated by "extendees" who have long passed the mandatory retirement age but are enjoying extension

of their government service to complete 15 years so they may qualify for old-age pension.

VTOLEDO VS. CSC 202 SCRA 507 This involves another civil service rule prohibiting the appointment in the government service of persons 57 years old and above. With the rulings of the SC in Cena and Toledo combined, a person 64 years of age may be appointed to service and the next year ask for extension for the next 14 years and retire at the age of 79. The general statutory policy of compulsory retirement at the age of 65 embody the notion that there should be a minimum turn over in the govt. service and that opportunity for govt service should be broadly distributed specially to the younger population (like me). Considering that the bulk of our population is below 30 yrs of age. Standing rule: it can only be extended upto 1 year.

Total Disability- Complete incapacity to continue with his present employment or engage in any gainful occupation due to the loss or impairment of the normal functions of the physical and/or mental faculties of the member Permanent Total Disability- Accrues or arises when recovery from the impairment mentioned in Section 2 (Q) is medically remote Temporary Total Disability- Accrues or arises when the impaired physical and/or mental faculties can be rehabilitated and/or restored to their normal functions e.g. mabuang ka gitawag nato ug lucid interval sa criminal law, temporary loss of sight. Permanent Partial Disability- Accrues or arises upon the irrevocable loss or impairment of certain portion/s of the physical faculties, despite which the member is able to pursue a gainful occupation
Conditions for Entitlement. . A member who suffers permanent disability for reasons not due to his grave misconduct, notorious negligence, habitual intoxication, or willful intention to kill himself or another

DISABILITY BENEFITS
Disability- Any loss or impairment of the normal functions of the physical and/or mental faculty of a member which reduces or eliminates his/her capacity to continue with his/her current gainful occupation or engage in any other gainful occupation; 2 kinds of disability: 1.

Permanent disability Permanent total Permanent partial If the permanent disability is total, he shall receive a monthly income benefit for life equal to the basic monthly pension effective from the date of disability: Provided that he is in the service at the time of disability

2. Temporary total disability

(applies to member who has not yet rendered 15 yrs, but if at the time of disability, he was in the service and has paid a total of at least one hundred eighty (180) monthly contributions, in addition to the monthly income benefit, he shall receive a cash payment equivalent to eighteen (18) times his basic monthly pension.

(1) he is reemployed; or (2) he recovers from his disability as determined by the GSIS, whose decision shall be final and binding; or (3) he fails to present himself for medical examination when required by the GSIS. If the disability is partial, he shall receive a cash payment in accordance with a schedule of disabilities to be prescribed by the GSIS .. just refer to sec. 17. (ingon jud ni ni sir) A member who suffers temporary total disability for reasons not due to any of the conditions enumerated in Section 15 hereof shall be entitled to seventyfive percent (75%) of his current daily compensation for each day or fraction thereof of temporary disability benefit not exceeding one hundred twenty (120) days in one calendar year after exhausting all his sick leave credits and collective bargaining agreement sick leave benefits, if any, but not earlier than the fourth day of his temporary total disability: Provided, That: (1) he is in the service at the time of his disability; or (2) if separated, he has rendered at least three (3) years of service and has paid at least six (6) monthly contributions in the twelve-month period immediately preceding his disability That a member cannot enjoy the temporary total disability benefit and sick leave pay simultaneously

*a member cannot enjoy the monthly income benefit for permanent disability and the old-age retirement simultaneously.
if separated from the service, he has paid at least thirty-six (36) monthly contributions within the five (5) year period immediately preceding disability, or has paid a total of at least one hundred eighty (180) monthly contributions, prior to his disability important provision: Sec. 16 (b) ---If a member who suffers permanent total disability does not satisfy conditions (1) and (2) in paragraph (a) of this section but has rendered at least three (3) years of service at the time of his disability, he shall be advanced the cash payment equivalent to one hundred percent (100%) of his average monthly compensation for each year of service he paid contributions, but not less than Twelve thousand pesos (P12,000.00) which should have been his separation benefit.

Grounds for suspension of disability benefits:

That if the disability requires more extensive treatment that lasts beyond one hundred twenty (120) days, The temporary total disability benefit shall in no case be less than Seventy pesos (P70.00) a day

hundred percent (100%) of his average monthly compensation for every year of service: Provided, That the deceased was in the service at the time of his death with at least three (3) years of service; or (3) a cash payment equivalent to one hundred percent (100%) of his average monthly compensation for each year of service he paid contributions, but not less than Twelve thousand pesos (P12,000.00): Provided, That the deceased has rendered at least three (3) years of service prior to his death but does not qualify for the benefits under item (1) or (2) of this paragraph. IMPORTANT PROVISION IN SEC.21: (1) when the dependent spouse is the only survivor, he/she shall receive the basic survivorship pension for life or until he/she remarries; (2) when only dependent children are the survivors, they shall be entitled to the basic survivorship pension for as long as they are qualified, plus the dependent childrens pension equivalent to ten percent (10%) of the basic monthly pension for every dependent child not exceeding five (5), counted from the youngest and without substitution; (3) when the survivors are the dependent spouse and the dependent children, the dependent spouse shall receive the basic survivorship pension for life

SURVIVORSHIP BENEFITS The survivorship pension shall consist of (SEC 20): (1) the basic survivorship pension which is fifty percent (50%) of the basic monthly pension; and (2) the dependent childrens pension not exceeding fifty percent (50%) of the basic monthly pension. UPON THE DEATH OF THE MEMBER THE PRIMARY BENEFICIARIES ARE ENTITLED TO: (1) survivorship pension That the deceased: Provided,

(i) was in the service at the time of his death; or (ii) if separated from the service, has at least three (3) years of service at the time of his death and has paid thirty-six (36) monthly contributions within the five-year period immediately preceding his death; or has paid a total of at least one hundred eighty (180) monthly contributions prior to his death

(2) the survivorship pension plus a cash payment equivalent to one

or until he/she remarries, and the dependent children shall receive the dependent childrens pension mentioned in the immediately preceding paragraph (2) hereof. In the absence of primary beneficiaries, the secondary beneficiaries shall be entitled to: (THE LAW IN SUCCESSION WILL COME INTO PLACE)

(a) an active member as defined under Section 2 (e) of this Act; or (b) a member who has been separated from the service, but who may be entitled to future benefit pursuant to Section 4 of this Act; or (c) a pensioner, as defined in Section 2 (o) of this Act; or (d) a retiree who at the time of his retirement was of pensionable age under this Act but who opted to retire under Republic Act No. 1616. (OPTIONABLE RETIREMENT) *THE FUNERAL BENEFITS SHALL BE PAID TO NO ONE EXCEPT THE BENEFICIARIES.. IN CONTRARY TO SSS LAW NA KUNG KINSA TONG NI BAYAD SA FUNERAL EXPENSES MA REIMBURSE. LIFE INSURANCE Compulsory Life Insurance. - All employees except for Members of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) shall, under such terms and conditions as may be promulgated by the GSIS, be compulsorily covered with life insurance. *PNP and AFP are not exempt but its optional to them not compulsory. Optional Insurance. - Subject to the rules and regulations prescribed by the GSIS, a member may apply for insurance and/or pre-need coverage embracing life, health, hospitalization, education, memorial plans, and such other plans as may be designed by the

(1) the cash payment equivalent to one hundred percent (100%) of his average monthly compensation for each year of service he paid contributions, but not less than Twelve thousand pesos (P12,000.00): Provided, That the member is in the service at the time of his death and has at least three (3) years of service; or (2) in the absence of secondary beneficiaries, the benefits under this paragraph shall be paid to his legal heirs. FUNERAL BENEFIT The amount of the funeral benefits shall be determined and specified by the GSIS in the rules and regulations but shall not be less than Twelve thousand pesos (P12,000.00): Provided, That it shall be increased to at least Eighteen thousand pesos (P18,000.00) after five (5) years and shall be paid upon the death

GSIS, for dependents.

himself

and/or

his

*Claims for benefits under this Act except for life and retirement shall prescribe after four (4) years from the date of contingency. * The GSIS shall have original and exclusive jurisdiction to settle any disputes arising under this Act and any other laws administered by the GSIS. *Appeals from any decision or award of the Board shall be governed by Rules 43 and 45 of the 1997 Rules of Civil Procedure adopted by the Supreme Court on April 8, 1997 which will take effect on July 1, 1997: Provided, That pending cases and those filed prior to July 1, 1997 shall be governed by the applicable rules of procedure: Provided, further, That the appeal shall take precedence over all other cases except criminal cases when the penalty of life imprisonment or death or reclusion perpetua is imposable. The appeal shall not stay the execution of the order or award unless ordered by the Board, by the Court of Appeals or by the Supreme Court and the appeal shall be without prejudice to the special civil action of certiorari when proper. *APPEAL TO CA- 15 DAYS, VERIFIED PETITION FOR REVIEW *THE DECISION OF GSIS EXECUTORY PENDING APPEAL VIA IS