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Jurisprudence:

RA No. 7699  totalization of service credits is only resorted to when the retiree
does not qualify for benefits in either or both of the Systems.

Facts:

Petitioner Gamogamo was first employed with the Department of Health


(DOH) for fourteen (14) years until he resigned. After which, he was employed
by a private domestic corporation, LUSTEVECO. Said corporation was
subsequently acquired by PNOC Shipping and Transport Corporation.
Respondent then implemented a Manpower Reduction Program under which,
retrenched employees shall receive a two-month pay for every year of service.
Petitioner requested to be included in the next retrenchment schedule, but
was declined. Hence, petitioner filed a complaint for the full payment of his
retirement benefits, and that his service with DOH should have been included
in the computation of his years of service.

Issue:
WON the totalization of petitioners years of service should be considered
since his two former employment were both government owned

Held:
No. The totalization of service credits is only resorted to when the retiree does
not qualify for benefits in either or both of the Systems.

SEC. 12 of GSIS Act states that “A member who has rendered at least three
years but less than fifteen years of service at the time of separation shall, upon
reaching sixty years of age or upon separation after age sixty is eligible to get
old age pension”.

Obviously, totalization of service credits is only resorted to when the retiree


does not qualify for benefits in either or both of the Systems. In any case,
petitioners fourteen years of service with the DOH may not remain
uncompensated because it may be recognized by the GSIS pursuant to the
aforequoted Section 12, as may be determined by the GSIS. Since petitioner
may be entitled to some benefits from the GSIS, he cannot avail of the benefits
under R.A. No. 7699.

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