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THIRD DIVISION
PERALTA, J.,
Chairperson,
LEONEN,
- versus - A. REYES, JR.,
HERNANDO, and
CARANDANG,* JJ.
Promulgated:
REYNALDO P. PALMIERY,
Respondent. February 20, 2019
x-------------------------------------------------~~-::_~------x
DECISION
Designated as additional Member per Special Order No. 2624 dated November 28, 2018.
GS!S v. De Leon, 649 Phil. 610, 622 (20 IO); Fetalino, et al. v. Commission on Elections, 700 Phil.
129, 149-150 (2012); and Philippine National Bank v. Dalmacio, G.R. No. 202308, July 5, 2017, 830
SCRA 136, 148.
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Decision 2 G.R. No. 217949
Factual Antecedents
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Decision 3 G.R. No. 217949
13
Id. at I I 9.
14
Id. at 108-109.
15
Id. at 137.
16
Id. at 138.
17 AN ACT AMENDING PRESIDENTIAL DECREE NO. 1146, AS AMENDED, EXPANDING
AND INCREASING THE COVERAGE AND BENEFITS OF THE GOVERNMENT SERVICE
INSURANCE SYSTEM, INSTITUTING REFORMS THEREIN AND FOR OTHER PURPOSES.
Approved on May 30, 1997.
is Rollo, pp. 107-120.
19
Id. at 124.
20
Id. at 125-126.
21 CA rollo, pp. 105-132.
22
Rollo, pp. 127-128.
23
Id. at 106.
24
Id. at 73-104.
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Decision 4 G.R. No. 217949
petition was then forwarded to the GSIS Chief Legal Counsel for appropriate
action. 25
SO ORDERED. 27
Ruling of the CA
SO ORDERED. 32
25
Id. at 72.
26
Id. at I 35-154.
27
Id. at 152.
28
Id. at 148-149.
29
Id. at 151-152.
]0
CA rollo, pp. 30-59.
]I
Rollo, pp. 56-66 .
.)2
Id. at 65.
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Decision 5 G.R. No. 217949
SO ORDERED. 40
Disagreeing with the adverse rulings of the CA, the GSIS filed the
present petition before the Court. According to the GSIS, Section 1O(b) of
R.A. No. 8291 is clear with respect to employees who re-enter government
service after retirement. The law supposedly considers these employees as
new entrants, as a consequence of which, the GSIS excludes thE\' services
credited to the previous retirement in the computation of benefits. 41
Furthermore, the GSIS argues that there is a distinction between those who
re-entered government service before the effectivity of R.A. No. 8291, and
those who re-entered and retired after its effectivity. 42 Since Reynaldo falls
under the latter category, his previous years of service cannot be included in
the computation of his retirement benefits. 43
33
AN ACT TO CREATE AND ESTABLISH A "GOVERNMENT SERVICE INSURANCE
SYSTEM," TO PROVIDE FOR ITS ADMINISTRATION, AND TO APPROPRIATE THE NECESSARY
FUNDS THEREFOR (approved on November 14, I 936).
34
AN ACT TO FURTHER AMEND THE GOVERNMENT SERVICE INSURANCE ACT, AS
AMENDED BY REPUBLIC ACT NUMBERED SIX HUNDRED SIXTY, AND TO AMEND SECTION
TWENTY-SIX OF THE LATTER ACT (approved on June 18, 1952).
35
AMENDING, EXP ANDING, INCREASING AND INTEGRATING THE SOCIAL SECURITY
AND INSURANCE BENEFITS OF GOVERNMENT EMPLOYEES AND FACILITATING THE
PAYMENT THEREOF UNDER COMMONWEALTH ACT NO. 186, AS AMENDED, AND FOR
OTHER PURPOSES (approved on May 3 l, 1977). ,:.
36
FURTHER AMENDING PRESIDENTIAL DECREE NO. 1146, AS AMENDED, OTHERWISE
KNOWN AS THE REVISED GOVERNMENT SERVICE INSURANCE ACT OF 1977 (approved on July
19, 1985).
37
Rollo, pp. 60-65.
38
CA rol/o, pp. 464-480.
39
Rollo, pp. 68-69.
40
Id. at 68.
41
Id. at 35-38.
42
Id. at 44.
43
Id. at 39.
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Decision 6 G.R. No. 217949
The Court finds the petition without merit. The GSIS should give full
credit to Reynaldo's years of service in the government.
44
Id. at 167-175.
45
Id. at 176-177.
·16
Id. at 181.
47
P.O. No. 1146. as amended by R.A. No. 8291, Section 3.
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Decision 7 G.R. No. 217949
a result of permanent total disability. 48 R.A. No. 8291 further provides for
the manner by which service is computed, thus:
For the purpose of this section the term service shall include full
time service with compensation: Provided, That part time and other
services with compensation may be included under such rules and
regulations as may be prescribed by the GSIS. 49 (Emphases Ours)
48
Id. at Section 13-A.
49
Id. at Section 10.
50
Rollo, p. 42.
51
Id. at 45.
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Decision 8 G.R. No. 217949
But under Section l 2(g) of C.A. No. 186, the GSIS should give full
credit to the services rendered prior to the reinstatement, if such separated
employee is not receiving the annuity mentioned in Section 11. The full
credit of services is conditioned upon the refund of contributions for
retirement, and the benefits previously received under any pension or
retirement plan.
Thus, taken in its proper context, Section 12(g) of C.A. No. 186
applies to a specific category of employees and their corresponding benefits.
The provision's subsequent absence in R.A. No. 8291 is attributable to the
revised conditions for retirement under the new law, which was streamlined
to only three (3) requirements for eligibility. 53 The Court cannot interpret its
absence in R.A. No. 8291 as an express prohibition against refunding
previously received benefits for purposes of claiming retirement benefits
under the law. The GSIS, therefore, erroneously relied on the absence of
this provision to deny the claim of Reynaldo.
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Decision 9 G.R. No. 217949
who have not received their retirement benefits are entitled to fall credit
of their service.
Cir Can services for which retirement contributions have been refunded be
54
See Ocampo v. Commission on Audit, 710 Phil. 706, 722-723 (2013), citing Santos v. Court of
Appeals, 399 Phil. 298, 307-308 (2000).
55
Rollo,p.137.
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Decision 10 G.R. No. 217949
to the service, he/she refunded all the retirement benefits he/she received?
Yes, because technically the employee in this case has not received
any retirement or separation benefits. Formerly, refund of retirement
benefits received was a requirement upon reinstatement. Under R.A.
8291, there is no such requirement. 56
Notably, the GSIS did not dispute Reynaldo's refund. The GSIS
accepted the amount and even issued a receipt in his favor. 57 Reynaldo's
request to suspend the payment of his monthly pension was also granted, as
a result of which, the monthly pension under R.A. No. 660 was suspended
effective October 1, 2001. Pending the suspension of his monthly pension,
Reynaldo made succeeding refunds of the amounts he received from the
GSIS. His total refund thus amounted to Php 920,566. 72. 58
56
Id. at 123.
57
Id. at 108-109.
58
Id. at 137-138.
59
649 Phil. 610 (2010).
60
Id. at 625.
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Decision 11 G.R. No. 217949
SO ORDERED.
ANDREfti.~YES, JR.
Ass~ci.te Justice
GI
Philippine National Bank v. Dalmacio, G.R. No. 202308, July 5, 2017, 830 SCRA 136.
62
Id. at 148.
63
GSIS v. De Leon, supra note 59.
Decision 12 G.R. No. 217949
WE CONCUR:
Chairperson
/
Associate Justice
RAMON~~.JERN°ANDO
Associate Justice
ATTESTATION
I attest that the conclusions in the above Decision had been reached in
consultation before the case was assigned to the writer of the opinion of the
Court's Division.
CERTIFICATION