Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
FIRST REGULAR SESSION

House Bill No, 1197

INTRODUCED BY Rep. ZIAUR-RAHMAN ALONTO ADIONG

EXPLANATORY NOTE

This bill seeks to amend Section 2(f) of Presidential Decree No. 1146, as amended
by Republic Act No. 8291 or the Government Service Insurance System (GSIS) Act
of 1997, to explicitly include psychosocial disabilities as a basis for continued
dependency of children beyond the age of majority.

Under the current law, dependents include children who are incapacitated and
incapable of self-support due to a mental or physical defect acquired prior to
reaching the age of majority. However, the absence of explicit reference to
psychosocial disabilities—which are recognized under modern frameworks of
disability rights, including the United Nations Convention on the Rights of Persons
with Disabilities (UNCRPD)—may lead to restrictive or inconsistent interpretations
by implementing agencies.

Psychosocial disabilities refer to conditions that may arise from or affect an
individual's mental health and social functioning, such as chronic depression,
schizophrenia, or other serious mental health conditions. These may significantly
impair a person's ability to live independently or earn a living, thereby justifying
continued classification as a dependent.

By explicitly including psychosocial disabilities in the legal definition of dependent
children, this measure aims to ensure equitable access to GSIS benefits and
prevent the unjust exclusion of a vulnerable sector of society. It also aligns national
policy with evolving international norms on disability rights and recognizes the
lifelong impact certain conditions can have on a child’s ability to be self-sufficient.


In view of the foregoing, the immediate passage of this bill is earnestly sought.

REP. ZIAYR-RAHMAN ALONTO ADIONG
1* Distri¢t, Lanao Del Sur


FR,

Bie

or

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
FIRST REGULAR SESSION

House Bill No, _1197_

INTRODUCED BY Rep. ZIAUR-RAHMAN ALONTO ADIONG

AN ACT
AMENDING PRESIDENTIAL DECREE NO. 1146 AS AMENDED BY
REPUBLIC ACT 8291 OR THE GOVERNMENT SERVICE INSURANCE
SYSTEM ACT OF 1997

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

Section 1. DEPENDENTS. Section 2(f) of Presidential Decree No. 1146 as
amended by Republic Act 8291, shall be amended to read as:

XXX
(f) Dependents — Dependents shall be the following:

(a) the legitimate spouse dependent for support upon
the member pensioner;
(b) the legitimate, legitimated, legally adopted
child, including the il imate child, who:
1. is unmarried, not gainfully employed, not
over the age of majority, or is;
2. over the age of majority but incapacitated
and incapable of self-support due to a

mental, NEURODEVELOPMENTAL,
PSYCHOSCOCIAL, physical defect or ANY
OTHER SOURCE OF INCAPACITY acquired

prior to age of majority;
and;

(c) the parents dependent upon the member for
support;

THE DETERMINATION OF INCAPACITY MUST FOLLOW
GUIDELINES TO BE SET BY THE NATIONAL COUNCIL
ON DISABILITY AFFAIRS AND MAY BE CERTIFIED BY
THE DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT OR THE DEPARTMENT OF HEALTH OR
BY LOCAL GOVERNMENT UNIT'S DISABILITY AFFAIRS
OFFICE.

XXX


Section 2. IMPLEMENTING RULES AND REGULATIONS. The Government
Service Insurance System shall make the necessary changes to incorporate the
following changes into the existing IRR of Republic Act 8291 within 60 days from
the effectivity of this Act.

Section 3. APPROPRIATIONS. The funds necessary for the implementation
of the provisions of this Act shall be included in the annual appropriations of each
agency concerned.

Section 4. SEPARABILITY CLAUSE. If any provision or part hereof is held
invalid or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.

Section 5. REPEALING CLAUSE. The provision of Presidential Decree No.
1146 as amended by Republic Act 8291, is hereby amended. Except as otherwise
expressly provided in this Act, all other laws, decrees, executive orders,
proclamations and administrative regulations or parts thereof inconsistent herewith
are hereby repealed or modified accordingly.

Section 6. EFFECTIVITY CLAUSE. This Act shall take effect fifteen (15)

days after its publication in at least two (2) national newspapers of general
circulation.

Approved,