REPUBLIKA NG PILIPINAS PASEGURUHAN NG MGA … · 2016-06-10 · known as the Magna Carta of Public...

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... · ... REPUBLIKA NG PILIPINAS PASEGURUHAN NG MGA NAGLILINGKOD SA PAMAHALAAN (GOVERNMENT SERVICE INSURANCE SYSTEM)

GSIS Financial Center, Roxas Boulevard, Pasay City 1308

BOARD OF TRUSTEES

In the matter of the Petition for the Change of Retirement Date from March 22, 2009 to March 22,2010

BIENVENIDO L. LIPAYON, Petitioner. x---------------------x

DECISION

Board Case No. 005-12

This is a Decision on the Petition dated February 23, 2012 filed

by Petitioner Bienvenido L. Lipayon seeking to set aside Committee on

Claims' (CoC) Resolution No. 18-2010 denying his request to change

the date of his retirement from March 22, 2009 to March 22, 2010.

In addition, Petitioner prays for the following:

a- That the amount of P107_946.26 which was erroneously decided hy GSIS XI (Davao) as outstanding salary Joan of the Petitioner he reimbursed to Petitioner due to the fact that the latter has not actually applied for salary Joan.

h- That the number of creditable years in govemment service of the Petitioner which was erroneously computed hy GSIS XI for only 22.29 years later on corrected to 28.40375 he corrected to 31.275 years as at March 22/ 2010.

c- That the computation of retirement benefits of Petitioner shall he based under R.A. 7305/ otherwise known as the Magna Carta of Public 1-Iealth Workers and its Implementing Rules and Regulations (IRR).

d- That the maturity benefit provided for under my Certificate of Membership (CM) No. 4614803 with

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.. GSIS Board Case No. 005-12

In the Matter of the Petition for the Change of Retirement Date from

March 22, 2009 to March 22, 2010 Bienvenido L. Lipayon, Petitioner.

of15

maturity date on October 17_ 2009 be paid to Petitioner.

e- That the Christmas Bonus for the year 2010 and 2011 be paid to Petitioner.

The facts as culled from the records are undisputed.

On April 21, 20091, Petitioner, then Environmental

Management Specialist of Environmental Management Bureau (EMB),

Department of Environment and Natural Resources (DENR), Davao

City, sent a letter to GSIS Davao City, the full text of which reads, as

follows:

April21,2009

THE GENERAL MANAGER Government Service Insurance System (GSIS) Matina, Davao City

Dear Sir:

I am to retire from government service on March 22, 2010. My official station assignment is in Environmental Management Bureau (EMB), DENR, Region XI, Davao City. My GSIS ecard/Account No. is 4404-5277-4894-9605 and my GSIS ID No. is 450322 00471.

Hence, may I request the following:

1. tentative computation of the amount of benefits I will receive, including the amounts deducted therefrom in payment of my unpaid obligations with the GSIS;

2. Approval for retiring under RA 8291 - Option 2: Cash benefit of 18xBMP and BMP to start on date of retirement; and

3. GSIS clearance.

Until to date my assignment is in EMB, Region VI, Iloilo City with address: c/o EMB, DENR Compound, Pepita Aquino St., Port Area, Iloilo City and our fax no. is (033)5099133

Thank you and more power!

Very truly yours,

1 Attached as Annex 6 to the Petition.

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BIENVENIDO L. LIPAYON OIC, Regional Director

GSIS Board Case No. 005-12 In the Matter of the Petition for the

Change of Retirement Date from March 22, 2009 to March 22, 2010 Bienvenido L. Lipayon_ Petitioner.

of15

On June 3, 20092, Petitioner accomplished and filed an

Application for Retirement Benefits/ which he allegedly thought to be

the form used for the tentative computation of his retirement benefit.

In the application, Petitioner reflected the date March 22, 2009 as the

effectivity date of his retirement. Petitioner's application was

endorsed by EMB-DENR Regional Director Metodio U. Turbella on the

same date3.

On July 14, 2009, Petitioner went to GSIS Davao City to follow-

up his request for tentative computation of his retirement benefits.

However, he was instructed to proceed to the Treasury Department of

the GSIS Davao where he was issued a check dated June 9, 2009 in

the amount of Php201,056.554 representing the net proceeds of his

18-month cash payment and accrued pensions for three (3) months.

Immediately, Petitioner informed then GSIS Davao Regional Manager

Deity U. Manampan of the mi~take on his retirement date. Petitioner

alleged that he endeavoured to return the check as he did not intend

to retire on March 22, 2009 but the same was not accepted by

Manager Manampan.

2 Attached as Annex "2" to CoG's Answer. 3 A copy of the l ' t Endorsement dated June 3, 2009 was attached as Annex "1" to the CoG's Answer. 4 Computed as follows:

18-month cash payment Accrued Pension for March- June 2009 Total Less: Enhanced Salary Loan

Php 261,247.86 Php 47.754.95 Php 309,002.81 Php 107,946.26

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GSIS Board Case No. 005-12 In the Motter of the Petition for the

Change of Retirement Date from March 22, 2009 to March 22, 2010 Bienvenido L. Lipoyon, Petitioner.

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In a letter dated July 18, 2009, Mr. Rufino C. Bandialan, Chief,

Environmental Impact Assessment and Monitoring Division of the

EMB, requested GSIS Davao Regional Manager Manampan to

reconsider the reckoning date of Petitioner's retirement from March

22, 2009 to March 22, 2010. Allegedly, Petitioner's intention was to

retire on March 22, 2010 upon attainment of the compulsory

retirement age of 65. Mr. Bandialan also informed Manager

Manampan that Petitioner "continuously reports to the Office since

March 22J 2009 up to the present."

In separate letters dated July 28, 2009 and August 6, 2009,

Manager Manampan informed Petitioner that his request for

reconsideration was denied and that his pension for July 2009 was

already credited to his eCard.

On August 14, 2009, EMB-DENR Regional Director Metodio U.

Turbella sent another letter to GSIS Davao Regional Manager

Manampan reiterating the request of Petitioner to reconsider his

retirement date from March 22, 2009 to March 22, 2010.

In a letter dated March 10, 20105, Manager Manampan

informed Petitioner of the GSIS Management Committee's resolution

stating that a member shall only be allowed to claim for his retirement

or separation benefit once he ceases to be a continuing member of the

pension fund. The pertinent portion of the letter is quoted, as follows:

5 Attached as Annex 15 to the Petition.

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XXX

GSIS Board Case No. 005-12 In the .Matter of the Petition for the

Change of Retirement Date from March 22,2009 to March 22,2010 Bjenvenjdo L. Mpay011, Petitioner.

Page5of15

We would like to inform you that in a Memorandum dated May 4, 2009, the GSIS Management Committee has resolved "that a member shall only be allowed to claim for his retirement or separation benefit once he ceases to be a continuing member of the pension fund."

Further, in a meeting held by the said Committee on 29 October 2009, has reiterated the above mentioned resolution "that a member can not retire while he is still in the service."

Based on the foregoing, we are glad to inform you that we will consider your request for the deferment of your retirement date.

Please re-file your Application for retirement at our Office so we can take appropriate action on the same.

Moreover, please be informed that there will be a slight delay in the processing of your claim as policies for the re-processing of already paid retirement claims are still being tested.

We would like to emphasize that your status in our database is already a pensioner already receiving your regular pension. It will entail much works on our programmers to re-process your claim.

Thus, on April 12, 2010, Petitioner re-filed his Application for

Retirementwith GSIS Davao Regional Office.

However, instead of processing the application for retirement,

the matter was referred to the Committee on Claims, and Petitioner

was informed of such referral in a letter dated July 19, 2010.6

Thereafter, Petitioner was informed through letters dated

January 18, 20117 and February 24, 20118 that his request for

deferment of his retirement date from March 22, 2009 to March 22,

2010 was denied by the CoC in its meeting held on December 6, 2010.

In the same letter, Petitioner was apprised of the CoC's directive for

6 Annex 16 of the Petition. 7 Issued by Manager Manampan, Annex 1 of lhe Petition. 8 Issued by Atty. Lourdes Dorrado, Vice President for Mindanao Area, Annex 2 of the Pelition.

.• '. GSIS Board Case No. 005-12

In the Matter of the Petition for the Cha11ge of Retirement Date from

March 22, 2009 to March 22, 2010 Bienvenido L. Lipayon, PetitioneJ:

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the GSIS Davao to refund to the Petitioner his premium contributions

(personal share) paid after March 22, 2009.

On January 26, 2012, Petitioner was furnished by CoC

Chairman Atty. Dionisio Ebdane, Jr. with a copy of the assailed CoC

Resolution, which reads:

COC Res. No. 18-2010

"Resolved:

1. to deny the appeal of Mr. Bienvenido Lipayon for the change of his retirement date from March 22, 2009 to March 22, 2010;

2. Davao RO to refund to Mr. Lipayon the premium, personal share, he paid after March 22, 2009."

Aggrieved, Petitioner filed the present petition asking the Board

of Trustees to set aside CoC Resolution No. 18-2010.

In its Answer dated June 7, 2012, the CoC argued that the

Application for Retirement of Petitioner duly endorsed by his office on

June 3, 2009 is complete in itself. Allegedly, in processing the

retirement claim of the Petitioner, GSIS Davao relied heavily on the

declarations of Petitioner and the completeness of the documents

submitted.

With respect to the other issues raised by the Petitioner, the

CoC provided the following explanations, to wit:

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GSI S Board Case No. 005-12 In the Matter of tlle Petition for the

Cbange of Retirement Data from Marcb 22, 2009 to March 22, 2010 Bienvenido L. Lipayon, Petitioner .

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1. The Petitioner availed of the salary loan on August 9, 1998

but no payments were made by him. As a consequence, the loan

ballooned to Php107,946.26.

2. Petitioner's creditable years of government service was

already re-computed from 22.9 years to 27.00950076 based on

premiums paid/received by the GSIS.

3. Petitioner did not point out in his Application for Retirement

that his intention was to retire under R.A. No. 7305 (Magna Carta of

Public Health Workers). The CoC pointed out that Petitioner clearly

indicated in his Application for Retirement dated june 3, 2009 that he

is electing Option 2 (which is Cash Benefit of 18xBMP and immediate

pension) under R.A. No. 8291.

4. The proceeds of Petitioner's policy under Certificate of

Membership No. 4614803 must be the cash surrender value (CSV) at

the time of his retirement on March 22, 2009.

5. Petitioner is not entitled to claim for Christmas bonus for

2010 and 2011. The CoC pointed out that a member who opted to

retire under paragraph 2, Section 13 of R.A. No. 8291 (automatic

pension) is entitled to Christmas cash gift five (5) years after the date

of retirement.

ISSUES

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The issues for consideration are:


Change of Retirement Date from March 22, 2009 to March 22, 2010 Bienvenido L. Lipayon, Petitioner.

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1) Whether the retirement date of Petitioner should be changed from March 22, 2009 to March 22, 2010; and

2) Whether Petitioner is entitled to the other reliefs prayed for.

DISCUSSION

We answer the first issue in the affirmative.

Petitioner adduced proof that at the time of the processing and

release of his retirement benefits in june 2009, he was still in the

active service.

A cursory reading of R.A. No. 8291 shows that GSIS grants

separation benefits to its members who have either resigned or

separated from service,9 and retirement benefits to members who

have rendered at least 15 years of service and are at least 60 years

old at the time of retirement.10

In both cases, it is clear that under R.A. No. 8291 , actual

separation from service is required before the benefits are granted.

9 SEC. 11. Separation Benefits. - The separation benefits shall consist of: (a) 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) payable upon reaching sixty (60) years of age upon separation, whichever comes later: Provided, that the member resigns or separates from the service after he has rendered at least throe (3) years of service but less than fifteen (15) years .... N

10 Section 13(a), R.A. t-Jo. 8291.

' ' . . .. GSJS Board Case No. 005-12

In the Matter of the Petition for the Change of Retirement Date from

March 22,2009 to March 22,2010 Bienvenido L. Lipayon, Petitioner.

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Thus, In the case of Development Bank of the Philippines

vs. Commission on Audit, 11 the Supreme Court held that:

Severance of employment is a condition sine qua non for the release of retirement benefits. Retirement benefits are not meant to recompense employees who are still in the employ of the government. That is the function of salaries and other emoluments.

Succinctly, "retirement benefits are nothing hut an inchoate

benefit until a person actually retires." 12

In the instant case, Petitioner clearly stated in his April 21, 2009

letter to GSIS Davao Regional Office his intention to retire from

government service on March 22, 2010. In the same letter, Petitioner

requested for: ( 1) tentative computation of the amount of benefits he

will receive including the amount to be deducted therefrom; (2)

approval for retirement under paragraph (2), Section 13 of R.A. No.

8291, which is cash payment equivalent to eighteen (18) months of his

basic monthly pension; and (3) issuance of GSIS clearance. These

facts were not refuted by the CoC in its Answer.

However, instead of providing Petitioner with the requested

tentative computation, GSIS Davao processed his retirement benefits

effective March 22, 2009 and issued a check to the Petitioner dated

june 9, 2009 in the amount of P201,056.55 representing the net

proceeds of his 18 months cash payment and accrued pensions from

March 2009 to june 2009.

11 G.R. No. 144516, February 11,2004 12 GSIS vs. Milagros 0 . Montesclaros, G.R. No. 146494, 14 july 2004

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Upon discovery of the erroneous processing, Petitioner lost no

time in requesting for the change of his retirement date. Petitioner

pointed out that his intention was to retire on the date of his

compulsory retirement on March 22, 2010 and that it was through

inadvertence that he reflected March 22, 2009 in his Application for

Retirement. Unfortunately, his request was denied by GSIS Davao

Regional Office and later by the CoC.

In denying Petitioner's request, the GSIS Davao Office and the

CoC brushed aside the fact that at the time they processed and

released the proceeds of retirement benefits of the Petitioner, the

latter was still reporting to work. This fact was attested to by Rufino

C. Bandialan, a DENR official in his letter dated July 18, 2009 to

Manager Manampan.

Petitioner is allowed to remain in the government service until

he reaches his compulsory retirement age. Thus, Section 13,

paragraph (b) of R.A. No. 8291 provides that "membership in the

GSIS shall he compulsory for all employees receiving compensation

who have not reached the compulsory age xxx"13 and "retirement shall

he compulsory for an employee at sixty-five (65) years of age with at

least fifteen (15) years of service. 'JJ.4 As borne out by the records,

Petitioner continued to receive his salaries, allowances and benefits

from the DENR and continued to pay his premium contributions with

the GSIS until March 22, 2010. This notwithstanding, Petitioner was

13 Sec. 3, RA 8291. 14 Par. (b), Sec. 13, RA 8291

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Change of Retirement Date from March 22, 2009 to March 22, 2010 Bienvenido L. Lipayon, Petitione1~

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paid his retirement benefits computed effective March 22, 2009. This

is erroneous considering that at the time of the payment of retirement

benefits, Petitioner was not yet separated from the service.

Under the obtainable facts, Petitioner's request to reckon his

retirement on March 22, 2010 is meritorious. Hence, the same

should be granted.

Based on Petitioner's period with premium payments (PPP) of

31.277415, he is entitled to a basic monthly pension (BMP) of

Php23,447.88. Thus, following his option to retire under paragraph 2,

Section 13 of R.A. No. 8291, which is cash payment equivalent to

eighteen (18) months of his basic monthly pension (BMP), plus

monthly pension for life payable immediately, Petitioner's retirement

benefits computed effective March 22, 2010 are as follows:

18-month cash payment Php422,061.84 (Php23,447.88 x 18)

Pension accrual from Php1,015,822.67 (March 22, 2010 to October 31, 2013)

Total Benefits: Php1,437,884.51

Considering, however, that Petitioner was paid his retirement

benefits effective 2009, albeit erroneous, the same should be

deducted from Petitioner's total benefits of Php1,437,884.51, as

follows:

15 Inclusive of Petitioner's services from December 12, 1978 to October 15, 1980.

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New retirement computation

18-month cash payment Pension accrual from

(March 22, 2010 to October 31, 2013) Total Benefits

Less:

Retirement Benefits received in 2009

18-month cash payment

Pension accrual from (March 24, 2009 to June 30, 2009)

Retirement Adjustment

Pension received from 7/2009 to 10/2011 (28@ 14,513.77)

Pension received from 11/2011 to 10.2013 (24 @ 18,940,72

Total amount received

Salary loan

Total amount deductible Deficit


Change of Retirement Date from March 22, 2009 to March 22,2010 Bienvenido L. Lipayon, Petitioner.

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Php 422,061.84

Php1.015.822.67 Php1 ,437,884.51 Php1 ,437,884.51

Php 261,247.86

Php 47,754.95

Php 216,920.55

Php 406,385.56

Php 454,577.28

Php1.386.886.20

Php 54,573.68

Php1,441 ,459.88 Php1.441.459.88 -3,575.37

Anent the second issue, we note that matters pertaining to

Petitioner's outstanding salary loan with the GSIS, computation of his

creditable years of service, the computation of benefits under R.A. No.

7305, and entitlement to maturity benefits and Christmas bonus were

raised for the first time on appeal. In R CB C v. Marcopper Mining

Corporation16, the Supreme Court held that "[I]ssues not raised in

the court a quo cannot be raised for the first time on appeal because

to do so would be offensive to the basic rules of justice and fair play."

In this instant case, however, we note that the matter of "computation

of his creditable years of service" and the adjustment of the balance of

his salary loan were subsequently resolved by the operating unit

concerned (GSIS Davao Office) in favor of the Petitioner. These

16 G.R No. 170738, October 30, 2009

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Change of Retirement Date from March 22, 2009 to March 22,2010 Bienve11ido L. Lipayon, Petitioner.

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matters, being integral in the full resolution of this petition, had to be,

and were actually considered in the final determination of this case.

On the other hand, the other issues above stated, do not qualify as

controversies or disputes, falling under Sec. 3017 of RA No. 8291 over

which this Board may acquire jurisdiction. Thus, said issues should

first be addressed by the operating unit in the course of processing

Petitioner's retirement benefits, then by the CoC should a dispute

arise, before the same can be taken up by the Board pursuant to

Section 26, Rule V of the Revised Implementing Rules and

Regulations of R.A. No. 829118•

In view of the foregoing, the unresolved issues raised for the

first time on appeal by Petitioner, specifically pertaining to

Petitioner's computation of benefits under RA No. 7305 and

entitlement to maturity benefits and Christmas bonus, cannot be ruled

upon.

WHEREFORE, the Committee on Claims' Resolution No. 18-

2010, denying the request of Petitioner to reckon the date of his

retirement on March 22, 2010, is hereby SET ASIDE. The Operations

Group is hereby directed to process the compulsory retirement

17 "Sec. 30. Settlement of Payment of Disputes. -The GSIS shall have original and exclusive jurisdiction to settle any dispute arising under this Act and any other laws administered by lhe GSIS.

18 Section 26. Committee on Claims. - The Committee on Claims (CoC) shall evaluate and resolve issues/complaints arising from any dispute in the settlement of claims. xxx xxx xxxx • Did nol participate in the discussion

·. - . \ GSIS Board Case No. 005-12

In the Matter of the Petition for the Cha11ge of Retirement Date from

Marc1122, 2009 to March 22, 2010 Bienvenido L. Lipayon, Petitioner.

oflS

benefits of the Petitioner under R.A. No. 8291 effective March 22,

2010.

SO ORDERED.

Pasay City, Philippines, 2 8 · NOV 2013.

ROB ice Chairman

ROMEO M. ALIP Trustee

~ ELISEA~. ~UN Trustee

RO

FRANCISCO T. DUQUE III* Trustee

Trustee

...

"

Copy furnished:

Mr. BIENVENIDO LIPAYON Petitioner Opal Street, Sison Subdivision Mag-ugpo South, Tagum City Davao Del Norte

PROSECUTION AND QUASI JUDICIAL CASES DEPARTMENT, LEGAL SERVICES GROUP Government Service Insurance System Financial Center, Pasay City

GSIS Board Case No. 005-12 In the Matter of the Petition for tho


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CERTIFICATION

t SOCRATES MADERAZO, JR, Branch Attorney at GSIS

Tacloban Branch Office, having been designated as Hearing Officer to

draft the decision in GSIS Case No. 005-12 entitled "In the Matter

of petition for the Change of Retirement Date from March 22,

2009 to March 22, 2010, Bienvenido Lipayon, Petitioner" 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 in compliance with Board Resolution

No. 198-A adopted on September 15, 2004.

Pasay City, Philippines, November 22, 2013.

J1SOCRAT S MADERAZO, JR. T H aring Officer

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G S I S Government Service Insurance System Financial Center, Pasay City, Metro Manila 1308

OFFICE OF THE CORPORATE SECRETARY

EXACT COPY OF RES. NO. 139 ADOPTED BY THE GSIS BOARD OF TRUSTEES IN ITS MEETING NO. 21 HELD ON 28 NOVEMBER 2013

Decision in GSIS Board Case No. 005-12, In the Matter of the Petition for the Change of Retirement Date from

March 22, 2009 to March 22, 2010, Bienvenido L. Lipayon, Petitioner

RESOLUTION NO. 139

WHEREAS, in a Petition dated 23 February 2012, Mr. Bienvenido L. Lipayon appealed to set aside the Resolution issued by the GSIS Committee on Claims denying his request for the change of his retirement date from 22 March 2009 to 22 March 2010;

WHEREAS, pursuant to Section 30 of R.A. No. 8291, the GSIS has original and exclusive jurisdiction to settle any dispute arising from the application of the laws administered by the GSIS;

RESOLVED, to APPROVE and CONFIRM the Decision in GSIS Board Case No. 005-12, In the Matter of the Petition for the Change of Retirement Date from March 22, 2009 to March 22, 2010, Bienvenido L. Lipayon, Petitioner, the dispositive portion of which states:

"WHEREFORE, the Committee on Claims' Resolution No. 18-2010, denying the request of Petitioner to reckon the date of his retirement on March 22, 2010, is hereby SET ASIDE. The Operations Group is hereby directed to process the compulsory retirement benefits of the Petitioner under R.A. No. 8291 effective March 22, 2010."

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BOARD MEETING NO. 2 1 28 NOVEMBER 2013

Page 2 (Res. No. 139-2013 )

A copy of the Decision in GSIS Case No. 005-12 1s attached and made an integral part of this Resolution.

TG.~RA Vice hairman GSIS Board of Trustees

CERTIFIED CORRECT:

ATTY. MARIA ~AMIS-RAAGAS Corporate Secretary

~ OPGM

REPUBLIKA NG PILIPINAS PASEGURUHAN NG MGA … · 2016-06-10 · known as the Magna Carta of Public...

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Transcript of REPUBLIKA NG PILIPINAS PASEGURUHAN NG MGA … · 2016-06-10 · known as the Magna Carta of Public...