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CECEVER
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Republic of the Philippines ~—
HOUSE OF REPRESENTATIVE: 0 70 \
Quezon City a | ray
SEVENTEENTH CONGRESS

RESIS? ATION UNIT

VICE

First Regular Session BELLS AND NE

3345

HOUSE BILL NO.

Introduced by HON. MARISOL C. PANOTES

EXPLANATORY NOTE

In the PNP, a police officer may retire from service either via compulsory retirement,
optional retirement, or total permanent physical disability (TPPD). However, among the three
options, police officers who retired via TPPD are in the most disadvantageous situation
compared to those who availed of the first two modes of retirement. Such is the case
considering that in the first two modes, even after death of retiree, at least 75% of his pension
will be transferred to his surviving legal heirs or beneficiaries, which privilege is not available or
enjoyed by the surviving legal heirs or beneficiaries of one who retired via TPPD.

This policy was the effect of Republic Act No. 8551, otherwise known as “Philippine
National Police Reform and Reorganization Act of 1998” which amended substantially the
provisions of Republic Act No. 6975, otherwise known as “Department of Interior and Local
Government Act of 1990” providing among others the retirement provisions in so far as the
members of the PNP are concerned.

One of the notable amendments made by RA 8551 on RA 6975 was that of Section 73
thereof, which provision pertained to policy governing Permanent Physical Disability as a mode
of retirement. Prior to amendment, Section 73 of RA 6975 read as follows

“Section 73. Permanent Physical Disability. An officer or non-officer who, having
accumulated at least twenty (20) years of active service, incurs total permanent physical
disability in line of duty shall be compulsorily retired: Provided, That, if he has
accumulated less than twenty years (20) years of active service, he shall be separated
from the service and be entitled to a separation pay equivalent to one and one-fourth (1
%) months base pay for every year of service, or a fraction thereof, and longevity pay of
the permanent grade he holds.”

Subsequently, Section 35 of RA 8551 which amended the foregoing texts reads, to wit:

Section 35. Section 73 of the same Act is hereby amended to read as follows:

AC SENTATIVES


Section 73. Permanent Physical Disablity. An officer or non-officer who is permanently
and totally disabled as o result of injuries suffered or sickness contracted in the
performance of his duty as duly certified by the National Police Commission, upon finding
and certification by the appropriate medical officer, that the extent of the disability or
sickness renders such member unfit or unable to further perform the duties of his
position, shall be entitled to one year’s salary and to lifetime pension equivalent to eighty
percent (80%) of his salary, in addition to other benefits as provided under existing laws.

Should such member who has been retired under permanent total disability under this
section die within (5) years from his retirement, his surviving legal spouse or if there be
none, the surviving dependent legitimate children shall be entitled to the pension for the
remainder of the five (5) years guaranteed period.

In order to carry out such provision, NAPOLCOM issued Memorandum Circular No.
2000-005, as amended by NAPOLCOM Memorandum Circular No. 2011-009, otherwise known
as the “Revised Rules Governing the Investigation and Adjudication of Benefit Claims of
Uniformed Member of PNP”, in which a police officer who retired via TPPD is entitled to
gratuity benefits amounting to the sum of the police officer’s one (1) year basic salary and
lifetime pension equivalent to eighty percent (80%) of his basic salary. However, should the
police officer concerned dies within the five-year guaranteed period, what should be
transferred to his/her survivor or beneficiary is the pension corresponding to the remainder of
the five-year guaranteed period. Should the police officer concerned dies beyond the five-year
guaranteed period, his/her survivor or beneficiary will not be entitled to any amount of
pension anymore.

It is generally understood that the three modes of retirement namely compulsory,
optional and TPPD apply to all retirees of the PNP. However, it is evident that under the
present policy of the PNP, they are not treated alike as to the privileges conferred.

It is in upon the conviction that retirement law in the PNP should be uniformly
applicable to all retirees regardless of modes of retirement that the immediate approval of this
bill proposing further amendment to Section 73 of RA 6975 as amended by Section 35 of RA
8551 is hereby sought.

MARJSOL C. PANOTES


CONGRESS OF THE PHILIPPINES)
SEVENTEENTH CONGRESS )
First Regular Session )

HOUSE OF REPRESENTATIVES
3345

HB No.

BY REPRESENTATIVE MARISOL C. PANOTES

AN ACT FURTHER AMENDING SECTION 73 OF REPUBLIC ACT NO. 6975
OTHERWISE KNOWN AS DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
ACT OF 1990 AS AMENDED BY SECTION 35 OF REPUBLIC ACT NO. 8551
OTHERWISE KNOWN AS PHILIPPINE NATIONAL POLICE REFORM AND
REORGANIZATION ACT OF 1998

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

SECTION 1. - Section 73 of Republic Act No. 6975 otherwise known as
Department of Interior and Local Government Act of 1990, as amended by
Section 35 of Republic Act No. 8551 otherwise known as Philippine National
Police Reform and Reorganization Act of 1998, is hereby further amended to read
as follows:

Section 35. Permament Physical Disability. An officer or non-
officer who is permanently and totally disabled as a result of injuries
suffered or sickness contracted in the performance of his duty as duly
certified by the National Police Commission, upon finding and
certification by the appropriate medical officer, that the extent of
the disability or sickness renders such member unfit or unable to
further perform the duties of his position, shall be entitled to one
year’s salary and to lifetime pension equivalent to eighty percent
(80%) of his last salary, in addition to other benefits as provided
under existing laws.


[ Should such member who has been retired under permanent total
disability under this section die within (5) years from his retirement,
his surviving legal spouse or if there be none, the surviving dependent
legitimate children shall be entitled to the pension for the remainder
of the five (5) years guaranteed period. ]

“THE SURVIVORS OF AN OFFICER OR NON-OFFICER RETIRED UNDER
THIS SECTION AND WHO DIED AFTER FIVE YEARS FROM RETIREMENT
THEREOF UNDER TOTAL PERMANENT PHYSICAL DISABILITY SHALL BE
ENTITLED TO A MONTHLY ANNUITY EQUIVALENT TO SEVENTY-FIVE
PERCENT (75%) OF HIS MONTHLY RETIREMENT PAY WHICH HE WAS
RECEIVING TO BE DIVIDED AMONG THE SURVIVORS IN EQUAL
SHARES AND WITH THE RIGHT OF ACCRETION.”

SECTION 2. The Secretary of the Department of the Interior and Local
Government shall include in the Department’s program the mechanisms
necessary to carry out the provision of this Act, funding of which shall be included
in the annual General Appropriations Act.

SECTION 3. The Secretary of the Department of the Interior and Local
Government shall issue the necessary rules, orders and circulars to implement
the provisions of this Act.

SECTION 4. This Act shall have retroactive effect in favor of PNP members
and officers already retired or separated at the time of the effectivity thereof.

SECTION 5. This Act shall take effect within fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,