Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 5043
Introduced by REP. ANTHONY G. DEL ROSARIO

EXPLANATORY NOTE

Laws seeking to promote the common good are considered as social legislation.
When Presidential Decree (PD) No. 1146, otherwise known as the “Revised Government
Service Insurance Act of 1977” was enacted, many civil servants were elated as this
increased and expanded the social security and insurance benefits accorded to them
and their dependents.

When a member pays his monthly mandatory contributions to the Government
Service Insurance System (GSIS), he expects that his loved ones will be benefited from
the proceeds of his insurance policy. However, there is one vital and common issue
which is the source of numerous complaints from beneficiaries, the definition of the word
“dependents” under the survivorship provision in Section 2 (f) of PD 1146.

‘Take for instance the case where both spouses are GSIS members. In the event
of death of one spouse, the surviving spouse can be denied survivorship claim on the
basis of his/her own membership. As per GSIS definition, the surviving spouse does not
fall under the word “dependents” stated in the law because he/she is not dependent on
the deceased spouse for support. This defies logic considering that the couple had
separate contributions and should rightfully expect benefits accruing from the premium
payments they paid separately during their respective years of service in the
government. Each member paid mandatory premiums which GSIS regularly receives. It
is but fair and just that GSIS returns to the member's beneficiaries the benefits accruing
from the collected premiums.

The definition provided for under Section 2 (f) of PD 1146 defeats the spirit of a
social legislation law. It deprives the surviving spouse, children or parents of the
member of the right to enjoy the fruits of his labor because of the restrictive interpretation
of the phrase “dependent for support.”

In view of the foregoing, approval of this bill is highly recommended

G. DEL ROSARIO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO.__5043

Introduced by REP. ANTHONY G. DEL ROSARIO

AN ACT
REDEFINING THE MEANING OF DEPENDENTS, AMENDING FOR THE PURPOSE
PRESIDENTIAL DECREE NO. 1146, OTHERWISE KNOWN AS THE “REVISED
GOVERNMENT SERVICE INSURANCE ACT OF 1977”

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

SECTION 1. Paragraph (f), Section 2 of Presidential Decree No. 1146, as
amended, is hereby further amended to read as follows:

“Sec. 2. Definition of Terms. — Unless the context otherwise
indicates, the following terms shall mean:

(a) xxx XXX XXX

XXX Xxx

(f) Dependents. - Dependents shall be the following: (a) the
legitimate spouse [dependent for support upon] OF the member or
pensioner, (b) the legitimate, legitimated, legally adopted child, including
the illegitimate child [, who is unmarried, not gainfully employed, not over
the age of majority, or is over the age of majority but incapacitated and
incapable of self-support due to a mental or physical defect acquired prior
to age of majority}; and (c) the NATURAL OR ADOPTIVE parents
[dependent upon the member for support] OF THE MEMBER OR
PENSIONER;

(u) xxx XXX xxx’
SEC. 2. Effectivity.- This Act shall take effect fifteen (15) days after publication in

the Official Gazette or in two (2) national newspapers of general circulation.

Approved,