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

SIXTEENTH CONGRESS
Second Regular Session

4901

HOUSE BILL NO.

Introduced by

OFW Family Party-List Representative ROY V. SENERES

EXPLANATORY NOTE

This bill seeks to complement a laudable law requiring all
concerned government agencies to ensure the early release of the
retirement pay, pensions, gratuities and other benefits of retiring
government employees under Republic Act No. 10154. Accordingly,
this bill intends to secure, guarantee and safeguard the full
enjoyment of earned and undiminished retirement benefits due to
retired government employees. As such, acts and/or omissions
causing diminution on earned retirement benefits must and should
be penalized. Likewise, this bill aims to ensure compliance by all
government agencies in the timely payment of the mandatory
monthly pensions and other retirement benefits with dispatch and
without delay so as to insure, protect, promote, and enhance the
well-being of retired government employees up to the end of their
natural life.

It is to be emphasized that retirement laws have mandated
the payment of pensions monthly or on a month-to-month basis for
the benefit of retired government employees as they have to meet
and/or settle monthly obligations, such as electric bills, water bills,
house rentals, medical consultations, purchases of medicines for
their medical treatment, wages of Kasambahay and their SSS
premiums, Philhealth membership contributions and Pag-Ibig
contributions, food sustenance of the family, and other simple
amenities in life. These monthly obligations cannot and could not be
postponed and their payments cannot and could not be delayed/
avoided.


Unfortunately, if not sadly, retired government employees
have encountered and still experiencing delays in the timely
payment of their mandatory monthly pensions. Said delays lasted
for a month, two months, three months or more than three months.
Worst of it all, the mandatory monthly pensions were converted into
quarterly pensions but suffered still from delays!

Clearly, then, there is an imperative need to address and to
confront squarely the issues of diminution on eamed retirement
benefits and delay in the timely payment of the mandatory monthly _
pensions due to retired government employees.

It is, therefore, requested that immedid oval of this’ bill
be given preferential treatment as an,

legislation.


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

SIXTEENTH CONGRESS
Second Regular Session

4901

HOUSE BILL NO.

Introduced by 2
OFW Family Party-List Representative ROY V. SENERES

AN ACT
PRESCRIBING PENALTY ON THE DIMINUTION OF EARNED
RETIREMENT BENEFITS AND DELAY IN THE PAYMENT OF
MANDATORY MONTHLY PENSIONS OF GOVERNMENT
EMPLOYEES AND FOR OTHER PURPOSES

SECTION 1. Declaration of State Policy. - It is hereby
declared the policy of the State to insure, guarantee, and safeguard
the full enjoyment of earned and undiminished retirement benefits
by retired government employees, as well as, to ensure compliance
in the timely payment of the mandatory monthly pensions and
other retirement benefits with dispatch and without delay so as to
secure, protect, promote, and enhance the well-being of retired
government employees up to the end of their natural life.

SEC. 2. Coverage. - This Act shall cover all branches,
agencies and/or instrumentalities of the government, including
government-owned and/or-controlled corporations | (GOCCs),
excluding personnel of the Armed Forces of the Philippines.

SEC. 3. Full Enjoyment of Undiminished and Earned
Retirement Benefits. - The head of the government agency
concerned, the President and other responsible officers of the
Government Service Insurance System (GSIS), the President and
other responsible officers of the Home Development Mutual Fund
(Pag-IBIG Fund) and/or the Secretary and other responsible officers
of the Department of Budget and Management (DBM) shall insure,
guarantee, and safeguard the full enjoyment of undiminished and
earned retirement benefits due to retired government employees.

SEC. 4. Compliance in the Payment of Mandatory Monthly
Pensions and other benefits. - The responsible officers mentioned in


Section 3 hereof shall ensure compliance in the timely payment of
the mandatory monthly pensions and other benefits due to retired
government employees within the first eight (8) days of every
month so as to secure, protect, promote, and enhance their well-
being up to the end of their natural life.

SEC. 5. Penal Provisions, - The abovementioned responsible
officer(s) and/or employee(s) who shall, by their acts and/or
omissions, cause diminution on earned retirement benefits of retired
government employees shall undergo an administrative disciplinary
action. Such erring responsible officers and/or employees shall,
after hearing and due proceedings, be penalized with suspension
from the service without pay from one (1) year to two (2) years, at
the discretion of the disciplining authority; and dismissal from the
service for the second offense, subject to the provisions of existing
Civil Service laws and rules and regulations.

On the other hand, the unjustified and/or unreasonable delay
in the timely payment of the mandatory monthly pensions and
other benefits due to retired government employees within the
period prescribed in Section 4 hereof or to comply with any
provision of this Act shall be a ground for the filing of administrative
disciplinary action against the erring officer(s) and/or employee(s).
Such erring officer(s) and/or employee(s) shall, after hearing and
due proceedings, be meted the same penalty above-stated by the
disciplining authority; Provided, However, that the administrative
liability shall not be attributed to officers and/or employee(s) who
fail to ensure compliance in the timely payment of the mandatory
monthly pensions and other benefits due to retired government
employees within the prescribed period stated in Section 4 hereof
by reason of force majeure and other insuperable causes: Provided,
Finally, that in such cases, the eight-8-day period of every month
shall be counted from the time such cause(s) cease(s) to exist.

SEC. 6. Retroactivity Clause. - The penal provisions in the
preceding Section shall be applicable to the continuing diminution of
earned retirement benefits and delay in the timely payment of
mandatory monthly pensions and other benefits prior to the
effectivity of this Act.

SEC. 7. Implementing Rules and Regulations. - The Civil
Service Commission (CSC) shall promulgate and issue the
appropriate rules and regulations for the proper implementation of
this Act within two (2) months from the effectivity of this Act:
Provided, However, That the penalty provisions of this Act shall be
executory upon the effectivity of this Act even in the absence of
implementing rules and regulations.


SEC. 8. Separability Clause. - If any provision, part or portion
of this Act shall be held as invalid, the provisions, parts or portions
of this Act not otherwise affected thereby shall remain valid and
effective.

SEC. 9. Repealing Clause. - All laws, executive issuances,
orders and rules and regulations contrary to or inconsistent with the
provisions of this Act or any part thereof are hereby repealed,
amended and/or modified accordingly.

SEC. 10. éffectivity. - This Act shall take effect fifteen (15)
days following its publication in the Official Gazette or in two (2)
newspapers of general circulation in the country whichever comes
first.

Approved,