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