The Philippine STAR published an ad of the Government Service Insurance System (GSIS) on Nov. 14, 2021 announcing the release of “cash gift” to pensioners starting Dec. 1, 2021. In fact GSIS issued a news release on Dec. 4, 2021, in The Philippine STAR, that it was already distributing the cash gift to pensioners, except to pensioners under The Portability Law, Rep. Act No. 7699.
The GSIS ad on Nov. 14 stated that pensioners under The Portability Law are not entitled to the cash gift and the last sentence of the news item stated that pensioners under The Portability Law “are ineligible to the cash gift,” without any explanation.
On Feb. 15, 2010 then president Gloria Macapagal-Arroyo singed “The Expanded Senior Citizens Act of 2010,” Republic Act No. 9994, which provides the grant of cash gift to all pensioners at year-end to grant them the equivalent of the13th month pay of employees.
Rep. Act No. 9994 was enacted much later than the date GSIS denied the cash gift to pensioners under The Portability Law and therefore, the bases for the denial by GSIS to grant the cash gift to pensioners under The Portability Law is now contrary to Rep. Act No. 9994.
I worked in the Committee Affairs Bureau of the House of Representatives for more than 10 years and there is the so-called “Amendatory Clause” in every law passed that states that any law, ordinance, rule or issuances contrary to the provisions of the later law are deemed repealed, revoked or otherwise amended.
The practice of GSIS denying the cash gift to pensioners under The Portability Law is now contrary to Rep. Act No. 9994. We appeal to Congress to exercise its oversight function to review GSIS’s compliance with Rep. Act No. 9994 and we request the Department of Justice to issue its Legal Opinion on the action of GSIS. – Mafeo R. Vibal, vice president – External Affairs & Legislative Liaison Officer, Philippine Association of Retired Persons Inc.