For Re-computation of Retirement Benefits, Refund of

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Republika N g Pilipin as
PASEGURUHAN NG MGA NAGUUNGKOD SA PAMAHAIAAN
(GOVERNMENT SERVICE INSURANCE SYSTEM)
BOARD OF TRUSTEES
Financial Center, Roxas Boulevard, Pasay City
GSIS CASE NO. 009-07
PAULINO N. ODED,
Petitioner,
-versusGOVERNMENT SERVICE INSURANCE
SYSTEM,
Respondent.
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
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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
exce pt 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 t he
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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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
GERALDINE MARIE
BERBERABE-MARTINEZ
Trustee
~~~2\~
CONSTANTIN~
KARINA
Trustee
DAVID
Trustee
GREh~MU~. YU
RO~tllflfP't S. REYES
Trustee
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.
CERTIFIED CORRECT:
SA ABESAMIS-RAAGAS
Corporate Secretary
CONFIRMED:
RO~V~
Vice-Chairm~'-'.ru'-J
GSIS Board of Trustees