DURON LAO ALTURA VERGARA BACULNA & BERMEJO

( D L AV B B ) L A W O F F I C E
rd
3 Floor, Red Plaza Building, J.M. Basa Street, Iloilo City
-- oOo --

March 3, 2020

MR. ANTHONY VILLANUEVA

General Manager
Pilar Water District
Pilar, Capiz

ATTENTION: JO-AN BELALO

Greetings!!!
I am writing in behalf of my client, METTY V. BERMEJO, a resident of
Pilar, Capiz.
My client has referred to me the matter of instituting the appropriate legal
action against you in connection with the release of her retirement pay, pension,
gratuity and other retiring benefits from your good office.
My client has been in the service with Pilar Water District, a local
corporate entity that operates and maintains a water supply system within the
Municiplaity of Pilar, Capiz and classified as Government-Owned and Controlled
Corporation since time immemorial. She officially retired on January 1, 2020.
Prior to this, she filed her intention to retire from the service not later that 120
days prior to her retirement date and she submitted pertinent documents for
retirement purposes at least 100 days before retiring from the service.
The Implementing Rules and Regulations (IRR) of Republic Act No.
10154, otherwise known as “An Act Requiring All Concerned Government
Agencies to Ensure the Early Release of the Retirement Pay, Pensions,
Gratuities and Other Benefits of Retiring Government Employees”,
particularly Section 5 provides:

Periods for Release of Retirement Benefits. Retirement benefit of

retiring government employees shall be released to them within a period of
thirty (30) days from the actual retirement date of the concerned employee.
The employer-agency must, however submit all requirements for purposes of
retirement to the concerned agency at least ninety (90) days prior to the
effectivity date of the retiree’s retirement. To complete all said requirements in
due time, the employee concerned shall file his/her expression of intent to retire
at least one hundred twenty (120) days prior to his/her actual retirement date, as
outlined further under Section 10 hereof.

Further, Section 8 (e ) and (f) of the above-mentioned IIR states, that:

Responsibilities of Employer-Agency. The government agency where
the employee will retire shall:

Atty. Kazper Vic V. Bermejo | 0905-281-4568 | bermejokazpervic@gmail.com

 DURON LAO ALTURA VERGARA BACULNA & BERMEJO
( D L AV B B ) L A W O F F I C E
rd
3 Floor, Red Plaza Building, J.M. Basa Street, Iloilo City
-- oOo --

(e ). Process the application for retirement, compute the appropriate

retirement benefits, and verify the authenticity, accuracy and consistency of the
data contained in the documents submitted;
(f). Not later than ninety (90) days prior to the actual date of retirement,
endorse to Government Service Insurance System (GSIS), Department of
Budget and Management (DBM) and other concerned agencies the request of
the retiring employee together with the complete set of documentary
requirements;
Based on the afore-mentioned IRR, it is your responsibility to submit all
requirements, which was duly submitted to you by my client within the period
provided for by law, at least ninety (90) days prior to her retirement date, which is
January 1, 2020 to GSIS and DBM. The very purpose of which is that to secure
that within thirty (30) days from her retirement date or February 1, 2020, she will
receive her full and complete retirement pay and other benefits in relation to her
retirement.
To emphasize, the rule speak of “shall be released to them within a period
of thirty (30) days from actual retirement date of the concerned employee”. Being
so, it should be payed on one-time payment and not on installment payment
as your office suggest.
Needless to state, the afore-mentioned retirement benefits of my client is
already DUE and DEMANDABLE.
Accordingly, we are appealing from your good office to release the
said retirement benefits within 15 days upon receipt of this letter. Kindly
give this matter your priority attention considering the fact that the time has
already lapse for its scheduled release, but still you have failed to release the
same up to this time, to the damage and prejudice of my client.
That in the event you failed or refused to release the said retirement
benefits of my client, our law firm will be constrained to file the necessary Civil,
Criminal and/or Administrative Action to the responsible officials and/or
employees in order to protect the rights and interests of my client.
Such action is anchored in Section 11 of the same IRR, which provides:
Administrative Offenses and Penalties. Officials and/or employees,
who without justifiable reason, fail or refuse to:

a. Receive a complete application for retirement;

b. Act on and/or process a complete retirement application within the
periods provided for by RA No. 10154 and these Rules; or
c. Release the pension, gratuities and other benefits due to a retiring
employee within the said periods.

Shall be liable, after hearing and due proceedings, for violation of RA

10154 and these Rules and shall be penalized with suspension from the service
without pay from six 6 (months) to one (1) year, and dismissal from the service
for the second offense, subject to the provision of existing Civil Service laws,
rules and regulations.

Atty. Kazper Vic V. Bermejo | 0905-281-4568 | bermejokazpervic@gmail.com

 DURON LAO ALTURA VERGARA BACULNA & BERMEJO
( D L AV B B ) L A W O F F I C E
rd
3 Floor, Red Plaza Building, J.M. Basa Street, Iloilo City
-- oOo --

You may reach me through my above-mentioned office or through the law

office’s mobile number 0905-281-4568.

Very Truly Yours,

ATTY. KAZPER VIC V. BERMEJO

Counsel for Metty V. Bermejo

With conformity,

Metty V. Bermejo

Atty. Kazper Vic V. Bermejo | 0905-281-4568 | bermejokazpervic@gmail.com