[A.M. No. 10227. November 22, 2000]

RETIREMENT CASH PAYMENT OF JOSEPHINE T. CARRERA

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your Information, is a resolution of this Court dated NOV 22 2000.

A.M. No. 10227 (Retirement Cash Payment under P.D. 1146 of Josephine T. Carrera, Regional Trial Court, Quezon City.)

This refers to the Memorandum of Deputy Court Administrator Bernardo Ponferrada recommending approval of Ms. Josephine T. Carrera's application for cash payment of retirement benefits under Section 12 (b) of Presidential Decree No. 1146. The said provision reads:

Sec. 12 Old-Age Pension.-

x x x

(b) a member who has rendered at least three years but less than fifteen years of service at the time of separation shall, upon reaching sixty years of age or upon separation after age sixty, receive a cash payment equivalent to one hundred percent of his average monthly compensation for every year of service with an employer.

In 1997, Republic Act No. 8291, otherwise known as the "Government Service Insurance System Act of 1997" revised the 20-year old charter of the GSIS but provided for substantially the same provisions, to wit:

Sec. 11. Separation Benefits. - The separation benefit shall consist of: (a) a cash payment equivalent to one hundred percent (100%) of his average monthly compensation for each year of service he paid contributions, but not less then Twelve thousand pesos (P12,000) payable upon reaching sixty (60) years of age or upon separation, whichever comes later: Provided, That the member resigns or separates from the service after he has rendered at least three (3) years of service but less than fifteen (15) years, or . . .

It is clear from the above provisions that old-age pension shall be paid to a member who, upon reaching the age of 60 or upon separation after age 60, must have rendered at least 3 years but less than 15 years of service. Here, applicant was only 39 years, 4 months and 1 day when she resigned on May 1, 1997 after serving for 8 years, 6 months and 29 days as Court Legal Researcher II of the Regional Trial Court of Quezon City. Consequently, she is not entitled to cash payment under said law.

IN VIEW OF THE FOREGOING CONSIDERATION, the subject application for cash payment is DENIED for lack of merit.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court


Back to Home | Back to Main

 

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE

PHILIPPINE SUPREME COURT DECISIONS

QUICK SEARCH

cralaw

 







chanrobles.com





ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com