Philippine Supreme Court Resolutions > Year 2011 > March 2011 Resolutions > [G.R. No. 164542 : March 22, 2011] ZENAIDA R. LARAÑO, IN HER OWN BEHALF AND AS ATTORNEY-IN-FACT OF METROPOLITAN WATERWORKS AND SEWERAGE SYSTEM RETIREES VS. COMMISSION ON AUDIT :

Please take notice that the Court en banc issued a Resolution dated March 22, 2011, which reads as follows:

"G.R. No. 164542 - Zenaida R. Lara�o, in her own behalf and as attorney-in-fact of Metropolitan Waterworks and Sewerage System retirees vs. Commission on Audit. - Acting on petitioner Zenaida Lara�o's "Entry of Appearance with Motion to Require Respondent to Enforce this Honorable Tribunal's Final and Executory Decision," under the signature of new counsel, Atty. Emmanuel R. Jabla of the Jabla Borja Cabrera & Bagas Law Offices, the Court resolves to PARTIALLY GRANT the motion. The retirement benefits under Republic Act No. 1616 shall be paid to the employee who has rendered the required number of years of service by the employer agency or government instrumentality (DBF v. COA, G.R. No. 144516, II February 2004). The enforcement of a final and executory award of retirement benefits under Republic Act No. 1616 shall be with the "court of origin,� which is the employer agency or government instrumentality where the claim for payment of retirement benefits originated and was first filed by the retiree (GSIS v. COA, G. R. No. 138381 and 141625, 09 February 2006).

PREMISES CONSIDERED, the Government Service Insurance System and Metropolitan Waterworks and Sewerage System are ordered to EXECUTE the Court's Decision dated 18 December 2007, by requiring the following: (a) the GSIS to expedite the refund of all the premiums to the 1,131 retirees; and (b) the MWSS to process and fully pay the retirement benefits. Both the GSIS and the MWSS are also required to SUBMIT a report of their compliance to the Court within thirty (30) days from receipt of this Resolution."

Mendoza, J., on leave.

Very truly yours,

(Sgd.) ENRIQUETA E. VIDAL
  Clerk of Court