Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

House Bill No. 33 06

Introduced by HON. JOSEFINA B. TALLADO

‘AN ACT AMENDING SECTION 73 OF REPUBLIC ACT NO, 6795, OTHERWISE KNOWN AS THE
“DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT ACT OF 1990", AS AMENDED
BY SECTION 35 OF REPUBLIC ACT NO. 8551, AND FOR OTHER PURPOSES.

EXPLANATORY NOTE

Section 35 of Republic Act No. 8551 defines "Permanent Physical Disability" as an oficer or non-
officer who is permanently and totally disabled as a result of injures suffered or sickness contracted in
the performance of his duty as duly cetified by the National Police Commission, upon finding and
cotitcation by the appropriate medical ofcer, thatthe extent ofthe dsailly or sickness renders such
member unfit or unable to further perform the duties of his position

Under Section 35 of RA 8551 such retirees with total permanent physical disabilly (PPO) are
only ented tone year salary and a lifetime pension equivalent to eight percent (80%) oftheir last salary
‘The amendment also provided that should such PNP retiree die within five (6) year from his retirement,
his surviving legal spouse, ori there be none, the surviving dependent eitmate children shal be ented
to the pension for the remainder of the five (5) years guaranteed period.

Upon consultation with the survivors and dependents who made a courtesy cal wih this humble
representation, i appears that certain provisions of the law discriminate against thet interest contrary To
the mandate that retirement laws are social legislations and should be construed in favor of the claimants,

Itis important to note that some survivors and dependents of TPPD retirees found themselves
under financial strain as they have no means to sustain themselves after the five (5) year guaranteed
period under the law. In addition, some retirees found that thei retement benefits are diminished by
inflation due to non-applicabilly of indexation in retirement rates when there are salary increases due to
officers in the active service

Itis about time to update the said provision and calibrate it lo be more responsive to the needs
of the subjects it seeks to provide for.


es incurred the Permanent Physical Disability while in the

To be sure, these TPPD retire
ir welfare and those of their heirs or

performance of their duties and the State must see to it that thei
dependents are duly protected

In view of the foregoing, the passage of this billis earnestly sought.

HON. ssh B. TALLADO

Representative
1 District, Camarines Norte


Republic of the Philippines.
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

House Bill no3 3 0E

Introduced by HON. JOSEFINA B. TALLADO-
—

AN ACT AMENDING SECTION 73 OF REPUBLIC ACT NO. 6795, OTHERWISE KNOWN AS THE
“DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT ACT OF 1990", AS AMENDED
BY SECTION 35 OF REPUBLIC ACT NO. 8551, AND FOR OTHER PURPOSES.

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

SECTION 1. Declaration of State Policy ~ It is hereby declared that the State recognizes the
contribution of police officers who were permanently and totally disabled as a result of the injuries or
sickness contracted in the performance of duty and that these officers deserve recognition from the
government.

SECTION 2. Coverage ~ this Section shall cover police retirees defined under Section 73 of
Republic Act No. 6795 as amended by Section 35 of RA 8551 who were separated or retired from police
service due to permanent or total disability upon certification by the National Police Commission and by
the appropriate medical officers that the extent of the disabilty or sickness renders such member to be
unfit or unable to further perform the duties of his position.

‘SECTION 3. Upon enactment, Section 73 of RA 6795 as amended by Section 35 of RA 8551, 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 ofthe disability or sickness renders such member unft or unable to further
perform the duties of his position, shall be entitled to one year's salary and to lifetime
pension equivalent to eight 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.


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“Should such member who has been retired under permanent total disability
under this section die within-five-45}-years-from-his- retirement, his surviving legal
spouse or if there be none, the supervising dependent legitimate children shall be
entitled to the pension for the semainder-of the 15} years- guaranteed period.”

‘SECTION 4. Implementing Rules and Regulations - The National Police Commission pursuant
to Section 85 of RA 6795 shall be tasked to formulate the law's implementing rules and regulations in
coordination with the Philippine National Police and the Department of the Interior and Local Government.
Such rules and regulations shall take effect upon their publication in three (3) newspapers of general
circulation.

SECTION 5. The amount necessary to carry out the provisions of this Act is hereby authorized
to be appropriated in the General Appropriation Act, are hereby repealed or amended as the case may
be.

SECTION 6. 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 7. If any part or portion or provision of this Act shall be held invalid or unconstitutional,
no other part, section or provision thereof shall be affected thereby.

‘SECTION 8. This Act shall take effect fifteen (15) days after its publication in the Official Gazette
or in at least two newspapers of general circulation.

Approved.