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

4

EIGHTEENTH CONGRESS
1 Regular Session

5155

House Bill No.

Introduced by Representative ERIC GO YAP

EXPLANATORY NOTE

Under the amendments on Republic Act No. 6975, through Republic Act No.
8551 pertaining to the retirement benefits and permanent physical disability in the
Philippine National Police (PNP), unlike regular retirees who have rendered at least
twenty (20) years of service and are entitled to a monthly retirement pay which shall
be subject to adjustments based on the prevailing scale of base pay of police personnel
in the active service, retirees with total permanent physical disability (TPPD) are only
entitled to a lifetime pension equivalent to eighty percent of their last salary.

In addition, should a TPPD retiree die within five (5) years from his/her
retirement, the surviving spouse or dependent legitimate children shall be entitled to
the pension for only the remainder of the five (5) years guaranteed period. This is in
contrast to the continuous monthly annuity received by survivors of an officer or non-
officer, who dies in line of duty while in active service, regardless of length of service.

As can be observed, the benefits given to regular retirees are more favorable as
compared to those given to TPPD retirees. The difference in the treatment between
regular retirees and TPPD retirees with respect to entitlement to benefits, absent any
reasonable grounds, infringes the equal protection clause.

It appears that no substantial distinction exists as between regular retirees and
TPPD retirees that would merit less favorable terms of benefits to the latter. The
inability to reach the age of fifty-six (66) years old in active service or render at least
twenty (20) years of active service of TPPD retirees, who were constrained to leave the
active service due to their condition, should not be taken against them, especially that
they incurred such disability or sickness in line of duty. Moreover, as TPPD retirees
incur various medical expenses due to their disability or sickness and are likely
incapable of gaining further employment, with more reason should support be
afforded to them, in line with the State policy to make the needs of the disabled a
priority.


Amendments to the law should be made to ensure that TPPD retirees enjoy the
same benefits entitled to regular retirees. As such, the pension of TPPD retirees should
also be subject to adjustments based on the prevailing scale of base pay of police
personnel in the active service and the five-year period limit for the entitlement to the

pension of surviving spouse or dependent legitimate children of a deceased TPPD
retiree should be removed.

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

a GO YAP


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

EIGHTEENTH CONGRESS
1* Regular Session

House Bill No,_5455

Introduced by Representative ERIC GO YAP

AN ACT AMENDING SECTION 73 OF REPUBLIC ACT NO. 6975,
OTHERWISE KNOWN AS THE “DEPARTMENT OF THE
INTERIOR AND LOCAL GOVERNMENT ACT OF 1990.” AS
AMENDED BY REPUBLIC ACT NO. 8551

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

SECTION 1. Section 73 of Republic Act. 6975, as amended,
otherwise known as the “Department of the Interior and Local Government
Act of 1990” is further amended to read as follows:

“SEC.73. Permanent 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, WHICH SHALL BE
SUBJECT TO ADJUSTMENTS BASED ON THE PREVAILING
SCALE OF BASE PAY OF POLICE PERSONNEL IN THE
ACTIVE SERVICE, 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-ive{5)
years-fromthis retirement, his surviving legal spouse or if there be
none, the surviving dependent legitimate children shall be entitled


to the pension forthe-remainderof the{5}-years_guaranteed
period.”

SECTION 2. The National Police Commission in coordination
with the Philippine National Police and the Department of the Interior
and Local Government, shall promulgate rules and regulations for the
effective implementation of this Act. Such rules and regulations shall take
effect upon their publication in three (3) newspapers of general
circulation.

SECTION 3. The amount necessary to carry out the provisions of
this Act is hereby authorized to be appropriated in the General
Appropriations Act of the year following its enactment into law and.
thereafter.

SECTION 4. All laws, presidential decrees, letters of instructions,
executive orders, rules and regulations insofar as they are inconsistent
with this Act, are hereby repealed or amended as the case may be.

SECTION 5. In case any provision of this Act or any portion
thereof is declared unconstitutional by a competent court, other
provisions shall not be affected thereby.

SECTION 6. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in least two (2) newspapers of
general circulation.

Approved,