THIRD
DIVISION
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GOVERNMENT SERVICE INSURANCE SYSTEM,
Petitioner, - versus
- JAIME K. IBARRA, Respondent. |
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G.R. No. 172925 Present: QUISUMBING, * CARPIO, J., Chairperson, CHICO-NAZARIO, PERALTA, and ABAD,** JJ. Promulgated: October 30, 2009 |
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CHICO-NAZARIO, J.:
This is
to address further incidents in the instant case proceeding from the Resolution
of this Court dated 18 June 2009 ordering petitioner Government Service
Insurance System (GSIS) (1) to pay respondent Jaime K. Ibarra permanent partial
disability benefits for the maximum
period of twenty-five (25) months, subject only to the deduction of
previous partial payments of said benefits and the set-off of Ibarra’s
outstanding and unpaid loans with the GSIS; and (2) to submit to this Court,
within ninety (90) days from its receipt of this Resolution, proof of
compliance with the above directive.
On P77,274.50. According to petitioner, this amount is the
equivalent of 25 multiplied the monthly income benefit of P3,090.98 to
which respondent is entitled. This
amount was computed on the basis of Rule VI of the Amended Rules on Employees' Compensation, as follows:
SECTION
9. Monthly income benefit.
(a) x x x
(b) In the
case of the GSIS, the monthly income benefit shall be the basic monthly pension as defined in PD 1146 plus twenty percent thereof,
but shall not be less than P250, nor more than the actual salary at the time of
contingency. (ECC Resolution No. 2799, July 25, 1984). (Emphasis supplied.)
Under Presidential
Decree No. 1146, the basic monthly pension is computed as follows:
Section 9. Computation of Basic Monthly Pension.
(a) The basic monthly pension is equal to:
(1) thirty-seven and one-half percent of the revalued average monthly compensation; plus
(2) two and one-half percent of said revalued average monthly compensation for each year of service in excess of fifteen years: Provided, That, the basic monthly pension shall not exceed ninety percent of the average monthly compensation.
(b) The basic monthly pension may be
adjusted upon the recommendation of the President and General Manager of the
System and approved by the President of the
In
computing the revalued average monthly
compensation referred to above, petitioner relied on the definition in Section
2 of Presidential Decree No. 1146, which previously
provided:
Section 2. Definition of Terms. - Unless the context otherwise indicates, the following terms shall mean:
x x x x
(k) Average monthly compensation – the quotient after dividing the aggregate compensations received by the member for the last three years immediately preceding his death/separation/disability/ retirement, by the number of months he received said compensation, or three thousand pesos, which ever is smaller;
(l) Revalued average monthly compensation – an amount equal to one hundred seventy percent of the first two hundred pesos of the average monthly compensation plus one hundred percent of the average monthly compensation in excess of two hundred pesos. (Emphasis supplied.)
Applying
the above provisions, particularly the ceiling of P3,000.00 stated in
Section 2(k) of Presidential Decree No. 1146, respondent’s revalued average
monthly compensation was computed to be only P3,140.00, despite the fact
that his basic salary according to the records was already P33,773.36.
Petitioner’s
reliance on the said erstwhile provisions of Presidential Decree No. 1146 is
erroneous, if not made in utter bad faith.
Petitioner could not have possibly been unaware of Republic Act No.
8291, otherwise known as “The
Government Service Insurance System Act of 1997,” which amended Presidential Decree
No. 1146, Section 2 of which provides for a definition of the Average Monthly
Compensation which does not carry with it the P3,000.00 ceiling under the
old provision:
(l) Average Monthly Compensation (AMC) — The
quotient arrived at after dividing the aggregate compensation received by the
member during his last thirty-six (36) months of service preceding his
separation/retirement/disability/death by thirty-six (36), or by the number of
months he received such compensation if he has less than thirty-six (36) months
of service: provided, that the average monthly compensation shall in no case
exceed the amount and rate as may be respectively set by the Board under the
rules and regulations implementing this Act as determined by the actuary of the
GSIS: Provided, further, That
initially the average monthly compensation shall not exceed Ten thousand pesos
(P10,000.00), and premium shall be nine percent (9%) and twelve percent
(12%) for employee and employer covering the AMC limit and below and two
percent (2%) and twelve percent (12%) for employee and employer covering the
compensation above the AMC limit;
(m) Revalued average monthly compensation —
An amount equal to one hundred seventy percent (170%) of the first One thousand
pesos (P1,000.00) of the average monthly compensation plus one hundred
percent (100%) of the average monthly compensation in excess of One thousand
pesos (P1,000.00).
Accordingly,
this Court reiterates its order for petitioner to pay respondent permanent
partial disability benefits for the maximum period of twenty-five (25) months,
computed on the basis of Section 2 of Republic Act No. 8291.
IN VIEW OF THE FOREGOING, the Court hereby resolves to: (1) ORDER the GSIS to PAY Ibarra permanent partial disability benefits for the maximum
period of twenty-five (25) months, computed on the basis of Section 2 of
Republic Act No. 8291, subject to deductions of amounts already paid; and (2)
further ORDER the GSIS to SUBMIT to this Court, within ninety
(90) days from its receipt of this Resolution, proof of compliance with the
directives herein.
SO ORDERED.
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MINITA V. CHICO-NAZARIOAssociate Justice |
WE
CONCUR:
LEONARDO A.
QUISUMBING
Associate Justice
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ANTONIO T. CARPIO Associate Justice Chairperson |
DIOSDADO
M. PERALTA Associate Justice |
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ROBERTO A. ABADAssociate Justice |
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ATTESTATION
I attest that the conclusions in the above
Resolution were reached in consultation before the case was assigned to the
writer of the opinion of the Court’s Division.
ANTONIO T. CARPIO
Associate Justice
Chairperson, Third Division
CERTIFICATION
Pursuant to Section 13, Article VIII
of the Constitution, and the Division Chairperson’s Attestation, it is hereby
certified that the conclusions in the above Resolution were reached in
consultation before the case was assigned to the writer of the opinion of the
Court’s Division.
REYNATO S. PUNO
Chief
Justice
* Per
Special Order No. 755, dated
** Per
Special Order No. 753, dated