Republic of the Philippines
HOUSE OF THE REPRESENTA’
Quezon City

17 Congress
Second Regular Session

House Bill No. _5898

Introduced by REP. RODOLFO C. FARINAS

EXPLANATORY NOTE

This Bill seeks to amend the survivorship benefits in various retirement laws for
the Members of the Constitutional Commissions and the Ombudsman by
granting survivorship benefits for the dependent children of solo parent retirees,
and the surviving parents, or nominated person/s of the deceased retiree who
died without issue. This is to ensure that the deceased retiree’s qualified
beneficiaries are provided with comparative financial resources after
bereavement of the pensioner.

This is in recognition of the variety of family composition that has been
undergoing fundamental changes in the present society. Families may now
consist of persons cohabiting without marriage with or without children, solo
parents as defined under Republic Act No. 8972 and their children, persons who
may not be related by blood but are bonded by “fictive kinship” or ties of love,
obligation, familiarity and responsibility. There has also been an increase in the
number of households headed by single persons. These changes should be
accompanied by appropriate legislation in order to further the state policy of
protecting and strengthening the family as the basic autonomous social
institution, to embody the core value of equality as stated in the Constitution,

if



and to end discrimination of the law against single or unmarried retirees who are
qualified to retire under the law but are excluded from extending survivorship
pension to their parents, other kin, or other persons whom they consider as
family.

The enactment of this measure would be in consonance with the constitutional
mandate to review to upgrade the pensions and other benefits due to retirees
(Section 8, Art. XVI).

Retirement benefits serve as incentives to qualified civil servants. The Supreme
Court often states that retirement benefits “serve a public purpose and a primary
objective in establishing them is to induce competent persons to enter and
remain in public employment and render faithful and efficient service while so
employed.”

Accordingly, the immediate approval of this bill is earnestly sought.

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OLFO C. FARINAS


Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

17 Congress
Second Regular Session

House Bill No. 5898

as
Introduced by REP. RODOLFO C. FARINAS
$a

AN ACT GRANTING SURVIVORSHIP BENEFITS TO THE
DEPENDENT CHILDREN OF A DECEASED RETIRED CHAIRMAN
OR COMMISSIONER OF THE COMMISSION ON ELECTIONS,
COMMISSION ON AUDIT, CIVIL SERVICE COMMISSION, AND
THE OMBUDSMAN, WHO IS A SOLO PARENT AS DEFINED UNDER
R.A. 8972, AND THE SURVIVING PARENTS, OR NOMINATED
PERSONS OF THE DECEASED RETIREE, AMENDING REPUBLIC
ACT NO, 10084, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representative of the Philippines in
Congress assembled:

SECTION 1. Republic Act No. 10084 is hereby amended to include a new Section
1-A to read as follows:

“SECTION 1-A. IN CASE THE DECEASED RETIRED
CHAIRMAN OR COMMISSIONER OF THE COMMISSION ON
ELECTIONS, THE COMMISSION ON AUDIT, THE CIVIL
SERVICE COMMISSION, AND THE OMBUDSMAN WAS
UNMARRIED, THE SURVIVORSHIP BENEFITS SHALL BE
PAID AS FOLLOWS:


a. WHEN THE DECEASED RETIREE WAS A SOLO PARENT AS
DEFINED UNDER REPUBLIC ACT 8972 SURVIVED BY
DEPENDENT CHILDREN, INCLUDING CHILDREN WHO
HAVE REACHED THE AGE OF MAJORITY BUT
INCAPACITATED AND INCAPABLE OF SELF-SUPPORT
DUE TO PHYSICAL, MENTAL OR LEARNING DISABILITY,
THE DEPENDENT CHILDREN SHALL BE ENTITLED TO
RECEIVE ON A MONTHLY BASIS ALL THE RETIREMENT
BENEFITS THAT THE DECEASED RETIREE WAS
RECEIVING AT THE TIME OF HIS/HER DEMISE UNDER
THE PROVISIONS OF APPLICABLE RETIREMENT LAWS
THEN IN FORCE. THE MINOR DEPENDENT CHILDREN
SHALL BE DISQUALIFIED FROM RECEIVING THE
BENEFITS ONCE HE/SHE REACHES THE AGE OF
MAJORITY. ANY SUBSEQUENT DEATH, OR
DISQUALIFICATION OF ANY OF THE DEPENDENT
CHILDREN SHALL NOT RESULT IN THE ACCRUAL OF
THE FORFEITED BENEFITS TO THE OTHER
BENEFICIARIES.

b. WHEN THE RETIREE DIED WITHOUT ISSUE, THE
SURVIVING PARENTS, IF ANY, OR ANY PERSON OR
PERSONS NOMINATED BY THE CHAIRMAN OR
COMMISSIONER PRIOR TO OR ON THE DATE OF HIS/
HER RETIREMENT SHALL RECEIVE ON A MONTHLY
BASIS ALL THE RETIREMENT BENEFITS THAT THE
DECEASED RETIREE WAS RECEIVING AT THE TIME OF
HIS/HER DEMISE UNDER THE PROVISIONS OF
APPLICABLE RETIREMENT LAWS THEN IN FORCE;
PROVIDED, THAT THE NOMINEES SHALL BE LIMITED TO
TWO (2) PERSONS ONLY; PROVIDED, FURTHER, THAT IF
THE BENEFICIARIES ARE RECEIVING BENEFITS UNDER
EXISTING RETIREMENT LAWS, HE/SHE SHALL ONLY BE
ENTITLED TO THE DIFFERENCE BETWEEN THE AMOUNT.
PROVIDED FOR IN THIS ACT AND THE BENEFITS HE/SHE
IS RECEIVING. ANY SUBSEQUENT DEATH, OR
DISQUALIFICATION OF ANY OF THE FOREGOING
BENEFICIARIES SHALL NOT RESULT IN THE ACCRUAL
OF THE FORFEITED BENEFITS TO THE OTHER
BENEFICIARIES.”


SECTION 2. Republic Act No. 10084 is hereby amended to include a new Section
1-B to read as follows:

"SEC. 1 - B. THE BENEFITS UNDER THIS ACT SHALL BE
GRANTED TO A CHAIRMAN OR COMMISSIONER OF THE
COMMISSION ON ELECTIONS, THE COMMISSION ON
AUDIT, THE CIVIL SERVICE COMMISSION, AND THE
OMBUDSMAN, WHO HAS RETIRED PRIOR TO THE
EFFECTIVITY OF THIS ACT: PROVIDED, THAT THE
BENEFITS TO BE GRANTED SHALL BE PROSPECTIVE.”

SECTION 3. Funds for the initial implementation of this Act shall be taken out of
the current appropriations for the retirement of the chairman and commissioners
of the constitutional commissions as well as the Ombudsman and/or savings of
said constitutional commissions and the Ombudsman. Thereafter, the amounts
needed for the continued implementation hereof shall be included in the General
Appropriations Act.

SECTION 4. The Act shall take effect fifteen (15) days after publication in the
Official Gazette or in two (2) newspaper of national circulation,

Approved,