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    Yu, Teresita (GSIS)

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    Cresencio Dela Cruz Jr.
    This letter is in response to the denial of retirement benefits for the late Renato Dela Cruz Millora by the Government Service Insurance System. The letter argues that Millora was processing his retirement as early as 2005 but was unable to complete it due to pending cases with the Sandiganbayan. These cases were dismissed in 2001 and 2017. Documents are provided to support Millora's retirement processing. The letter cites that retirement benefits are not subject to the usual four-year prescription period for claims. It requests that Millora's retirement benefits be processed and released given these circumstances.

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    Yu, Teresita (GSIS)

    Uploaded by

    Cresencio Dela Cruz Jr.
    39 views2 pages
    This letter is in response to the denial of retirement benefits for the late Renato Dela Cruz Millora by the Government Service Insurance System. The letter argues that Millora was processing his retirement as early as 2005 but was unable to complete it due to pending cases with the Sandiganbayan. These cases were dismissed in 2001 and 2017. Documents are provided to support Millora's retirement processing. The letter cites that retirement benefits are not subject to the usual four-year prescription period for claims. It requests that Millora's retirement benefits be processed and released given these circumstances.

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    Letter to GSIS

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    This letter is in response to the denial of retirement benefits for the late Renato Dela Cruz Millora by the Government Service Insurance System. The letter argues that Millora was processing his retirement as early as 2005 but was unable to complete it due to pending cases with the Sandiganbayan. These cases were dismissed in 2001 and 2017. Documents are provided to support Millora's retirement processing. The letter cites that retirement benefits are not subject to the usual four-year prescription period for claims. It requests that Millora's retirement benefits be processed and released given these circumstances.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    39 views2 pages

    Yu, Teresita (GSIS)

    Uploaded by

    Cresencio Dela Cruz Jr.
    This letter is in response to the denial of retirement benefits for the late Renato Dela Cruz Millora by the Government Service Insurance System. The letter argues that Millora was processing his retirement as early as 2005 but was unable to complete it due to pending cases with the Sandiganbayan. These cases were dismissed in 2001 and 2017. Documents are provided to support Millora's retirement processing. The letter cites that retirement benefits are not subject to the usual four-year prescription period for claims. It requests that Millora's retirement benefits be processed and released given these circumstances.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Republika ng Pilipinas

    Kagawaran ng Katarungan
    TANGGAPAN NG MANANANGGOL PAMBAYAN
    (PUBLIC ATTORNEY’S OFFICE)
    Regional Office No. I
    Dagupan City, Pangasinan District Office
    Justice Hall, Bonuan Tondaligan
    Dagupan City

    21 January 2019

    MISS JOSEFINA B. ABAO


    Branch Manager
    GOVERNMENT SERVICE INSURANCE SYSTEM
    Dagupan Regional Office
    MH Del Pilar St., PNR Site
    Mayombo District, Dagupan City
    Pangasinan

    Dear Miss Abao:

    This is in regard to your letter dated 19 December 2018 denying the claim for
    Retirement Benefit of the late Renato Dela Cruz Millora (referred hereinafter as Millora).

    In your letter, it is your contention that the claim cannot be given due course
    considering that Millora’s retirement date was on 3 December 2003 and he died on 11 August
    2013. Clearly in your letter, the denial of the Retirement Benefit of the late Millora was due
    to prescription.

    As early as 2005, Millora was already processing his retirement from office as shown
    from the Certifications issued by the RTC Branch 46, Urdaneta City, RTC Law Library, and
    RTC – Office of the Clerk of Court hereto attached and marked as ANNEXES A, B, and C,
    respectively. The processing of his retirement was stopped because Millora had several
    pending cases before the Sandiganbayan. Thus, he could not obtain an Ombudsman
    Clearance – one of the requirements in the processing of his retirement.

    On 18 October 2001, the cases against Millora docketed as Criminal Case Nos. 25484
    to 25490 pending before the Fourth Division of Sandiganbayan were ordered dismissed. A
    copy of the Certification is hereto attached and marked as ANNEX D.

    On 6 November 2017, the other cases against Millora docketed as Criminal Case Nos.
    25477 to 25483 pending before the Fourth Division of Sandiganbayan were also ordered
    dismissed. A copy of the Certification is hereto attached and marked as ANNEX E.

    Thereafter, Deputy Court Administrator Raul Bautista Villanueva transmitted the


    required documents for retirement of Millora for appropriate action of your office. A copy of
    the transmittal letter dated 25 September 2018 is hereto attached and marked as ANNEX F.
    However, said claim was not given due course. Thus, this letter.
    It is clear from Section 28 of R. A. No. 8291 stating that the 4-year prescriptive period
    for claims for benefits does not pertain to life and retirement benefits, as follows:

    Section 28. Prescription. – Claims for benefits under this Act


    except for life and retirement shall prescribe after four (4) years from
    date of contingency. (Emphasis supplied)

    Further, Section 14.2, Rule XIV of the Implementing Rules and Regulations (IRR) of
    R.A. 8291 provides:

    Section 14.2. Prescription. – Claims for benefits under Republic


    Act No. 8291, except for life insurance and retirement, shall prescribe
    after four (4) years from date of contingency.

    From the foregoing, it is just and proper that the retirement benefits of the late Millora
    be given due course, and should be processed and released. Moreover, the denial/withholding
    of the retirement benefits of Millora will deprive him/his beneficiaries of his/their just and
    rightful claim.

    We are looking forward that this letter be given your immediate attention and action.

    Thank you.

    Very truly yours,

    CRESENCIO D. DELA CRUZ, JR.


    OIC – Public Attorney III

    With My Conformity:

    MISS TERESITA G. YU

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