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Republika N g Pilip in as PASEGURUHAN NG MGA NAGUUNGKOD SA PAMAHAIAAN

(GOVERNMENT SERVICE INSURANCE SYSTEM) BOARD OF TRUSTEES

Financial Center, Roxas Boulevard, Pasay City

PAULINO N. ODED, Petitioner,

-versus-

GOVERNMENT SERVICE INSURANCE SYSTEM,

Respondent.

GSIS CASE NO. 009-07

FOR: Recomputation of Retirement Benefits, Refund of Premiums & Application of Portability Law-R.A. No. 7699

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ORDER

Petitioner filed a Notice of Appeal dated 8 july 2010 (copy

received by the Office of the Corporate Secretary on 19 july 2010) on

the Decision dated October 22, 2008 in the above entitled case,

pursuant to Section 28 of the Rules and Regulation (sic) 1 under

Presidential Decree No. 1146. Section 28 of P.D. No. 1146 states:

SECTION 28. Appeals. - Within fifteen days from receipt of notice of decision or award, the aggrieved party may appeal the same to the Court of Appeals on questions of law and facts following the procedures for appeals from the Court of First Instance to the Court of Appeals as far as practicable and consistent with the purposes of this Act. If the appeal is only on questions of law, the same shall be brought directly to the Supreme Court on certiorari. No appeal bond shall be required. The appeal shall take precedence over all other cases except criminal cases wherein the penalty of life imprisonment or

1 Petitioner might have erroneously cited Section 28 of Rules and Regulations of P.D. 1146 but actually it is Section 28 of the P.D. 1146 which has a corresponding provision in the implementing rules as Section 29, to wit -

SECTION 29. Appeals. - Within fifteen (1 5) days from receipt of notice of decision or award, the aggrieved party may appeal the same to the Court of Appeals on questions of law and facts following the procedures to the Court of Appeals as far as practicable and consistent with the purposes of this Rule. If the appeal is only on questions of law, the same shall be brought directly to the Supreme Court on certiorari. No appeal bond shall be required. The appeal shall take precedence over all other cases except criminal cases wherein the penalty of life imprisonment or death has been imposed by the trial court. Appeal shall not stay the decision of the Board, unless so ordered by the Board, by the Court of Appeals or by the Supreme Court.

In all appeals, the System shall be made a party respondent or appellee, and shall be represented by an attorney retained or employed by the System either alone or in collaboration with the Office of the Government Corporate Counsel.

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death has been imposed by the trial court. Appeal shall not stay the decision of the Board unless so ordered by the Board, by the Court of Appeals or by the Supreme Court.

Petitioner had earlier filed a Petition before the GSIS Board of

Trustees for recomputation of retirement benefits, the application in

his case of the Portability Law to increase his creditable years of

government service, and the refund of Life Insurance Premiums

deducted as premium arrearages from the Cash Surrender Value of

his Life Insurance Policy.

In its Decision dated 22 October 2008, the Board of Trustees

DENIED the petition for lack of merit. Thus:

1. Petitioner's inclusion of periods without premium contribution in his computation of creditable service is wrong since creditable years of service refers to computed years of service of a member with corresponding premium contributions paid and remitted to GSIS.

2. Portability Law (RA 7699) is inapplicable as petitioner has already qualified for retirement under RA 8291 for having rendered 16.80053 years of creditable service.

3. As to the issue of refund of Life Insurance premiums deducted from CSV, the same was already effected through issuance of various checks to petitioner.

On 5 February 2009, petitioner filed a Motion for

Reconsideration on the Decision dated 22 October 2008, alleging

that it was rendered contrary to law and facts .

On 3 March 2010, the Board of Trustees DENIED with

FINALI1Y petitioner's Motion for Reconsideration for having raised

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substantially the same arguments in the original petition which have

been exhaustively discussed and passed upon in the original

Decision.

On 16 July 2010, petitioner filed a Notice of Appeal of the

Decision dated 22 October 2008 before the Board of Trustees

pursuant to Section 28 of the Rules and Regulation (sic) under

Presidential Decree No. 1146.

Petitioner's appeal should be dismissed for being the wrong

mode of appeal and for lack of jurisdiction of the Board of Trustees

to act on the Notice of Appeal. An appeal from any Decision of the

GSIS Board of Trustees is now governed by Rules 43 (Petition for

Review to the Court of Appeals) and 45 (Petition for Review on

Certiorari to the Supreme Court) of the Rules of Court of the

Philippines as expressly provided for under Section 31 of Section 1 of

Republic Act No. 8291 (GSIS Act of 1997), to wit:

SECTION 31. Appeals. - 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.

Therefore, instead of filing a Notice of Appeal with the GSIS,

petitioner should have filed a Petition for Review with the Court of

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· . . I .

Appeals within fifteen (15) days from receipt of notice of the award,

judgment, final order or resolution, or from the date of its last

publication, if publication is required by law for its effectivity, or of

the denial of petitioner's motion for new trial or reconsideration duly

filed in accordance with the governing law of the court or agency a

quo.

Premises considered, petitioner's Notice of Appeal dated 8 July

2010 should be DISMISSED.

Pasay City, Philippines, _ _ 1 _2 _M_A_Y_2_0_11_

EL L. IACSON, JR. Chairman

BERTG.~ARA Vice-Chairman

Trustee

GREh~MU~. YU Trustee

GERALDINE MARIE BERBERABE-MARTINEZ

Trustee

~~~2\~ KARINA CONSTANTIN~

DAVID Trustee

RO~tllflfP't S. REYES Trustee

FRANCISCO T. DUQUE III* Trustee

*Did not participate and vote in the deliberation.

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· . . . .. ..

ATIY. PAULINO N. ODED Petitioner and Counsel for and in his behalf 72 Aries St., Pag-ibig Homes Catalunan Grande, Davao City Davao del sur 8000

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CERTIFICATION

I, LUCIO L. YU, JR, a Legal Officer V in the GSIS Law Office,

having been assigned as Hearing Officer to draft an Order in GSIS

Board of Trustees Case No. 009-07 entitled "Paulino N. Obed vs.

Government Service Insurance System (GSIS)" hereby certify that

the statement of facts herein stated and being presented before this

Board is accurate and true, based on the records of the case, the

pleadings and other documents submitted by the parties.

This certification is issued this , in

compliance with Board Resolution No. 198-A adopted on September

15, 2004.

Pasay City, ________ _

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PASEGURUHAN NG MGA NAGLILINGKOD SA PAMAHALAAN (GOVERNMENT SERVICE INSURANCE SYSTEM) Financial Center, Pasay City, Metro Manila 1308

OFFICE OF THE CORPORATE SECRETARY

EXACT COPY OF RES. NO. 123 ADOPTED BY THE GSIS BOARD OF TRUSTEES IN ITS MEETING NO.9 HELD ON MAY 12,2011

Order in GSIS Case No. 009-07, Paulino Obed vs. GSIS, re Appeal of Board Decision dated 22 October 2008 on

Recomputation of Retirement Benefits, Refund of Premiums and Application of Portability Law (R.A. No. 7699)

RESOLUTION NO. 123

RESOLVED, to APPROVE and CONFIRM the Order in GSIS Case No. 009-07 entitled Paulino N. Obed v. GSIS (For Recomputation of Retirement Benefits, Refund of Premiums & Application of Portability Law-R.A. No. 7699), the dispositive portion of which reads as follows:

"Premises considered, petitioner's Notice of Appeal dated 8 July 2010 should be DISMISSED."

A copy of the Order in GSIS Board Case No. 009-07 is attached and made an integral part of this Resolution.

CONFIRMED:

RO~V~ Vice-Chairm~'-'.ru'-J GSIS Board of Trustees

CERTIFIED CORRECT:

SA ABESAMIS-RAAGAS Corporate Secretary