Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

NINETEENTH CONGRESS
First Regular Session
4295

HOUSE BILL NO.

Introduced by Representative Margarita Ignacia B. Nograles

EXPLANATORY NOTE

Section 8, Article XVI of the 1987 Constitution provides that “The State shall,
from time to time, review to upgrade the pensions and other benefits due to retirees
of both the govemment and private sectors.” Pursuant to this constitutional
mandate, this bill seeks to grant survivorship benefits to the surviving legitimate
spouse of the deceased retired chairperson, commissioners and labor arbiters of the
National Labor Relations Commission (NLRC).

Section 4 of Republic Act (RA) No. 9347 provides that “The Chairman and
members of the Commission shall have the same rank, receive an annual salary
equivalent to and be entitled to the same allowances, retirement and benefits as
those of the Presiding Justice and Associate Justices of the Court of Appeals,
respectively. Labor Arbiters shall have the same rank, receive an annual salary
equivalent to and be entitled to the same allowances, retirement and other benefits
and privileges as those of the judges of the regional trial courts. In no case however,
shall the provision of this Article result in the diminution of the existing salaries,
allowances and benefits of the aforementioned officials.”

With the enactment of RA 9946, additional retirement and survivorship
benefits were granted to members of the Judiciary and their beneficiaries. However,
the chairperson, commissioners and labor arbiters of the NLRC are not covered by
the increase in retirement and survivorship benefits.

Through this bill, we seek to rectify the seemingly skewed situation where
appellate court justices and NLRC commissioners, as well as regional trial court
judges and labor arbiters, although considered to be of the same rank, do not enjoy
the same retirement and survivorship benefits.

Given the foregoing, immediate passage of this bill is earnestly sought.

CONGW. ATTY. ‘A IGNACIA B. NOGRALES
Representative, PBA, Partylist


BB wewvauaune

13

14

15

16

7

18

19

20

2.

22

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HoUSE BILLNo, 4295 _

Introduced by Representative Margarita Ignacia B. Nograles

AN ACT
GRANTING SURVIVORSHIP BENEFITS TO THE SURVIVING LEGITIMATE
SPOUSE OF A DECEASED CHAIRPERSON, COMMISSIONER OR LABOR
ARBITER OF THE NATIONAL LABOR RELATIONS COMMISSION

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

SECTION 1. Survivorship Benefits. — Upon the death of the retired
chairperson, commissioner or labor arbiter of the NLRC, if such chairperson,
commissioner or labor arbiter has retired, or was eligible for optional retirement at
the time of death, the surviving legitimate spouse of the deceased is entitled to
feceive, on a monthly basis, all the retirement benefits that the deceased
chairperson, commissioner or labor arbiter of the NLRC would have received at the
time of demise. The surviving legitimate spouse shall continue to receive such
retirement benefits until the death or remarriage of the said surviving spouse.

SEC. 2. Funding. - The amount necessary for the initial implementation of
this Act shall be charged against the savings of the NLRC for the current year.
Thereafter, such sums as may be necessary for the continued implementation of this
Act shall be included in the annual General Appropriations Act.


a

SEC. 3. Repealing Clause. - All laws, decrees, orders, rules and regulations
or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SEC. 4. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,