Republic of the Philippines

Government Service Insurance System

National Capital Region
Pasay City, Philippines

Attn : General Insurance Division

Re : Request for Clarification and Guidance

To whom it may concern,

Good Day.

Pursuant to the current GSIS Law, R.A. No. 8291, which provides for a shorter
prescriptive period for claims for benefits not pertaining to life and retirement benefits, to
wit:

“SEC. 28. Prescription. - Claims for benefits under this Act except for life and retirement
shall prescribe after four (4) years from the date of contingency.”

Considering that the aforesaid section expressly states “except for life and retirement”,
we can reasonably assume that the prescriptive period of four (4) years from date of
contingency within which to file the necessary claims, is applicable to cases which involve
damages to property.

In order for this Honorable Office to fully appreciate my concern, a particular scenario will
be discussed below in relation to the above given premise.

The vehicles being utilized by Company A and Company B in their respective operations
were involved in a vehicular accident. Company A at the time of the accident was a
beneficiary of GSIS’ vehicle insurance damage policy.

After a series of negotiations between the companies, Company B agreed that it will
shoulder the damages sustained by Company A’s vehicle, through the former’s insurance
firm. But before the arrangement can be done, Company A has to submit necessary
documents to the insurance firm, as well as, execute a quitclaim in favor of GSIS to
prevent double recovery from two insurances, which is a prohibited practice under the
law.

Unfortunately, due to the intricate documentations and protracted processing times,

Company A was unable to complete the requirements and claim from the insurance firm
of Company B.

In this regard, we would like to respectfully request from this Honorable Office to shed
light on the following queries:

 Considering that the purpose for which the quitclaim was filed was not achieved. Is
there no legal impediment for the invalidation of the quitclaim?

 Assuming that the quitclaim was invalidated, can the beneficiary still claim for
benefits with the GSIS?

 Is it correct to say that the running of the prescriptive period to file a claim for benefits
was tolled upon the filing of the quitclaim? If so, what will be the reckoning period
for the beneficiary to file a claim for benefits?

With due deference, this letter for clarification and guidance is being submitted for
whatever legal purpose it may serve.

Sincerely yours,

Atty. Jayson V. Abrera

Attorney at Law
Email: jvabrera@gmail.com
09052846474