“Retirement Benefits of the Ombudsman, his Deputies, and Special Prosecutors”

What government agency or instrumentality is in-charge with the administration of the

grant of retirement benefits of the Ombudsman, his deputies, and special prosecutors?
It is the Office of the Ombudsman that administers the grant of retirement benefits of the
Ombudsman, his Deputies, and Special Prosecutors, through the Committee on Retirement of the
said Office. Moreover, they will only be considered as “special members” of the Government
Service and Insurance System (GSIS).
The aforesaid premise was according to Assistant Ombudsman LALAINIE
BERNADETTE CABRAS. She handles judicial records administration and human resource
development. She also supervises the general administrative office, the approval of case evaluation
reports and review of cases. The said information was acquired through a phone call with the
Assistant Ombudsman Cabras herself.
Assistant Ombudsman Cabras cited Republic Act 11059, otherwise known as “Retirement
Law of the Office of the Ombudsman”, as the legal basis for the said premise.
The 2nd paragraph of Section 2 of Republic Act 11059 provides that “the Ombudsman shall
enjoy the same retirement and other benefits as those of the Presiding Justice of the Court of
Appeals xxx. The Ombudsman’s Deputies and Special Prosecutor, meanwhile, shall enjoy the
same retirement and other benefits as those of an Associate Justice of the Court of Appeals”.
In cross-reference to the afore cited proviso of RA 11059, Republic Act 910, as amended
by Republic Act 9946, provides for the retirement benefits of Justices of the Supreme Court, Court
of Appeals, Court of Tax Appeals, and the Sandiganbayan, as well as the judges of the regional
trial courts and municipal trial courts.
Republic Act 8291, otherwise known as Government Service Insurance System (GSIS) Act
of 1997, substantially provides that the members of the judiciary and constitutional commissions
are only members of the GSIS as far as life insurance is concerned, but not with retirement benefits.
Section 3 of the said Act provides that-
“Section 3. Compulsory Membership.- Membership in the GSIS shall be compulsory for
all employees receiving compensation who have not reached the compulsory retirement age,
irrespective of employment status, except members of the Armed Forces of the Philippines and
the Philippine National Police, subject to the condition that they must settle first their financial
obligation with the GSIS, and contractuals who have no employer and employee relationship with
the agencies they serve.

“Except for the members of the judiciary and constitutional commissions who shall have
life insurance only, all members of the GSIS shall have life insurance, retirement, and all other
social security protection such as disability, survivorship, separation, and unemployment
benefits.” (emphasis supplied)

The term judiciary in the abovementioned proviso would include the Ombudsman, his or
her Deputies and Special Prosecutors, by virtue of Section 2 of Republic Act 11059, in reference
to Republic Act 910, as amended by Republic Act 9946.
In reference to “special members”, the said term is provided for in the Implementing Rules
and Regulations (IRR) of Republic Act 8291.
Under Rule II: Membership of the GSIS, Section 2.4.1. b. “Special Members – are
constitutional commissioners, members of the judiciary, including those with equivalent ranks, who are
required by law to remit regular monthly contributions for life insurance policies to the GSIS in order to
answer for their life insurance benefits defined under RA 8291”.
 contrast with “Regular Members who are those employed by the government of the
Republic of the Philippines, national or local, legislative bodies, government-owned and controlled
corporations (GOCC) with original charters, government financial institutions (GFIs), except
uniformed personnel of the Armed Forces of the Philippines, the Philippine National Police,
Bureau of Jail Management and Penology (BJMP) and Bureau of Fire Protection (BFP), who are
required by law to remit regular monthly contributions to the GSIS [Section 2.4.1. a].
End of report.

12.03.2018
RRB/LRS
RRB/MCB