Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5700
House Bill No.

Introduced by HON. JOSEFINA B. TALLADO

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 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 officer or
nion-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.

Under Section 35 of RA 8551 such retirees with total permanent physical disability (TPPD) are
only entitled to one year salary and a lifetime pension equivalent to eight percent (80%) of their last
salary.

The amendment also provided that should such PNP retiree die within five (5) year 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.

Upon consultation with the survivors and dependents who made a courtesy call with this
humble representation, it appears that certain provisions of the law discriminate against their interest
contrary to the mandate that retirement laws are social legislations and should be construed in favor of
the claimants.

{tis 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 their retirement benefits are diminished by
inflation due to non-applicabilty 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 to be more responsive to the needs
of the subjects it seeks to provide for.


To be sure, these TPPD retirees incurred the Permanent Physical Disability while in the
performance of their duties and the State must see to it that their welfare and those of their heirs or
dependents are duly protected.

In view of the foregoing, the passage ofthis bill is earnestly sought.
HON. oo B. TALLADO

Representative
1* District, Camarines Norte


Republic ofthe Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No? 100

Introduced by HON. JOSEFINA B. TALLADO

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 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. 6975 as amended by Section 35 of RA 8551 as 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 6975 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 of the disability or sickness renders such member unfit or unable to
further perform the duties of his position, shall be entiled 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.

“Should such member who has been retired under permanent total
disability under this section die within-five-(5}-years—from—his—rotiroment, his
surviving legal spouse or if there be none, the supervising dependent legitimate
children shall be entitled to the pension for-the-remainderofthe{5)-years—
SPS EaRISSS Beha

SECTION 4. Implementing Rules and Regulations - The National Police Commission pursuant
to Section 85 of RA 6975 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. In case any provision of this Act or any portion thereof is declared unconstitutional
by a competent court, other provisions shall nt 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.