REPUBLIC OF THE PHILIPPINES GOVERNMENTSER~CEINSURANCESYSTEM

FINANCIAL CENTER~ RECLAMATION AREA1 PASAY CITY

BOARD OF TRUSTEES

IN THE MATTER OF THE REQUEST TO CORRECT THE ENTRY OF THE DATE OF BIRTH IN MEMBER'S GSIS RECORDS

RIZALINA B. BENLAY01

PETITIONER.

GSIS CASE NO. 019- 13

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DECISION

Before the Board is a Petition1 appealing the Resolution2 of the GSIS

Committee on Claims (hereon~ CoC for brevity) that denied the

Petitioner's request to correct the date of her birth, from 2 October 1955 to

2 October 1951, in her GSIS records.

FACTS OF THE CASE

The Petitioner's Service Record shows that she initially joined

government service on 16 April 1990 with the National Home Mortgage

Finance Corporation (Hereon, NHMFC). After serving for seventeen years,

1 In a Letter of the Petitioner Dated 05 August 201 3 to GSIS Board of Trustees Chairman Daniel L. Lacson, that was treated as her Petition.

2 Dated 18 December 2012 under CoC Case No. 68-2012.

CERTIFICATION

I, CRISTINA V. ASTUDILLO, Attorney V of the GSIS Legal Services Group, having been assigned as Hearing Officer to draft a Decision in GSIS Case No. 019- 13 entitled ~~In the Matter of the Request to Correct the Entry in the Date of Birth", hereby certifies that the statement of facts herein stated and being presented before this Board is accurate and true, based on the records of the case, the pleadings and other documents submitted by the parties.

This certification is issued in compliance with Board Resolution No. 198-A adopted on September 15, 2004.

Pasay City, June 9, 2014.

V. ASTUDILLO ·ng Officer

-;

REPUBLIC OF THE PHILIPPINES GOVERNMENTSER~CEINSURANCESYSTEM

FINANCIAL CENTER, RECLAMATION AREA, PASAY CITY

BOARD OF TRUSTEES

IN THE MATTER OF THE REQUEST TO CORRECT THE ENTRY OF THE DATE OF BIRTH IN MEMBER'S GSIS RECORDS

RIZALINA B. BENLAYO, PETITIONER.

GSIS CASE NO. 019- 2013

){-----------------------------------------------------){

DECISION

Before the Board is a Petition 1 appealing the Resolution2 of the GSIS

Committee on Claims (hereon, CoC for brevity) that denied the

Petitioner's request to correct the date of her birth, from 2 October 1955 to

2 October 1951, in her GSIS records.

FACTS OF THE CASE

The Petitioner's Service Record shows that she initially joined

government service on 16 April 1990 with the National Home Mortgage

Finance Corporation (Hereon, NHMFC). After serving for seventeen years,

1 In a Letter of the Petitioner Dated 05 August 2013 to GSIS Board of Trustees Chairman Daniel L. Lacson, that was treated as her Petition.

2 Dated 18 December 2012 under CoC Case No. 68-2012.

·, Decision

GSIS Case No. 019-13 Page 2 of12

she was separated on 15 April 2007, in line with NHMFC's Rationalization/

Reorganization under Executive Order No. 366.

On 18 April 2007, Petitioner filed3 her application for separation

benefits with the GSIS under Republic Act No. 8291.

On 4 May 2007, Petitioner's application for separation benefits was

approved.4

On 7 june 2007, Petitioner received5 an eighteen-month cash payment

of One Hundred Twelve Thousand Seven Hundred Forty Four Pesos and

Forty Four Centavos (Php 112,744.44). Based on GSIS records, since

Petitioner was only fifty one (51) years old at the time of her separation

from government service, her old-age pension benefit of Six Thousand Two

Hundred Sixty Three Pesos and Fifty Eight Centavos (Php 6,263.58) will

commence on 2 October 2015, when she reaches the age of sixty (60) years.

The separation benefit due to the Petitioner is based on Section ll(b)

of Republic Act No. 8291:

SECTION 11. Separation Benefits.- The separation benefits shall consist of: (a) a cash payment equivalent to one hundred (100%) of his average monthly compensation for each year of service he paid contributions, but not less than Twelve thousand pesos (Pl2,000) payable upon reaching the age of sixty (60) years of age or upon separation, whichever comes later: Provided, That the member resigns or separates from the service after he has rendered at least three (3) years of service but less than fifteen (15) years; or

(b) A cash payment equivalent to eighteen (18) times his basic monthly pension payable at the time of resignation or separation, plus an old-age pension benefit equal to the basic monthly pension payable monthly for life upon reaching the age of sixty (60): Provided, That the member resigns or separates from the service after he has rendered at least (1 5) years of service and is below sixty (60) years of age at the time of resignation or separation.

3 Based on the Application for Retirement Benefits. 4 Based on Letter-Approval dated 4 May 2007. 5 Separation Benefit Voucher of Petitioner Rizalina B. Benlayo.

., Decisi on

GSIS Case No. 019-13 Page 3 of12

On 3 November 2011, Petitioner wrote GSIS President and General

Manager Robert G. Vergara, requesting the correction of an erroneous

entry of her date of birth from 02 October 1955 to 02 October 1951 in the

GSIS records. Contrary to her GSIS records which reflect that she will

reach the age of sixty (60) years on 02 October 2015, Petitioner asserted

that she actually reached the age of sixty (60) years on her birthday on 02

October 2011. Therefore, she prayed that she be allowed to avail of her old-

age pension benefits.

In a letter dated 16 November 2011, then Public Relations and

Monitoring Department Manager, Mercedita Irene Tayag informed

Petitioner that her request was denied based on a GSIS policy requiring

that such requests should be made prior to a member's separation from

government service.

On 5 March 2012, Petitioner wrote another letter to the PGM

reiterating her earlier request to correct her date of birth. In reply, NCR

Operations Group Senior Vice President (SVP) Cecil L. Feleo informed

Petitioner that her request may be reconsidered if she submits proof that

prior to her retirement, she requested the correction of her date of birth in

the records of her former agency, the NHMFC, and the Civil Service

Commission (CSC), and that the same was acted in her favor.

On 24 May 2012, Petitioner sent another letter pleading that her case

be elevated to the Board of Trustees. Thus, Petitioner's case was referred to

the CoC for action. On 18 December 2012, the CoC issued Resolution No.

54-2012, the dispositive portion of which states:

Resolved, to AFFIRM and CONFIRM the recommendation of the SVP-NCR Operations Group to deny Ms. Benlayo' s request for change in DOB on the following grounds:

Decision GSIS Case No. 019-13

Page 4 of 12

i. Office Order No. 24-09 dated 22 October 2009 provides that requests for change of DOB should be made while the member is still in active service, and that no request shall be entertained once the member has already retired.

ii. Pursuant to Section 10.6.2 of the Revised Implementing Rules and regulations (RIRR) approved on 24 June 2010, change in DOB shall be allowed under the following conditions:

1. Request for change is made while the member is still in government service; and

2. Requesting member submits the original copy of the court order or birth certificate authenticated by the National Statistics Office as supporting document.

Hence, this appeaL

The CoC contended that changes in a member's date of birth in the

GSIS records, after separation from government service, are prohibited by

the existing policies of the GSIS. Office Order No. 24-09, on Integrated

Loans, Membership, Acquired Assets and Accounts Management System

(ILMAAAMS) and Real and Other Properties Owned and Acquired (ROPOA)

Policies and Implementing Guidelines, states that:

7 On Changes to the Member's Date of Birth

7.1 Applications received by the PRMD for change of date of birth shall be manually forwarded to the Claims Unit for purposes of verifying the authenticity of the documents submitted by the member. The requesting member shall be required to submit the original copy of the court order or birth certificate authenticated by the NSO as supporting document.

When submitting a court order, the member shall indicate the contact number of the court who ordered the change of date of birth, including the branch and province where the court belongs in the application fonn.

For NSO-authenticated birth certificate, the official watermark of NSO should be present in the document. Failure on the part of the member to comply with the said requirements shall be a ground for rejecting the request. After verification, the claims unit shall prepare and submit a CIUR fonn to the Membership Group for purposes of updating

7 .2 The request for the change of date of birth should be made while the member is still in the government service. No request shall be entertained once the member has already retired.

Decision GSIS Case No. 019-13

Page 5 of 12

Section 10 of the Revised Implementing Rules and Regulations (RIRR)

of R.A. No. 8291 reiterated the above policy, thus:

10.6 Change in Date of Birth

Xxx

10.6.2 Change of date of birth shall be given due course under the following conditions:

a. The request for change is made while the member is still in the government service; and

b . The requesting member submits the original copy of the court order or birth certificate authenticated by the National Statistics Office (NSO) as supporting document.

Office Order No. 24-09 was adopted on 22 October 2009 while the

RIRR took effect on 24 June 2010. Consequently, CoC opined that at the

time the Petitioner filed her request on 3 November 2011, she was already

covered by Office Order No. 24-09 and the RIRR that prohibit the change of

date of birth in GSIS records after separation from government service.

On the other hand, Petitioner argued that at the time she separated

from government service on 15 April 2007, GSIS did not have existing

policies mandating that changes in the entries in the date of birth can only

be made prior to separation. In fact, it was the prevailing policy then of

GSIS to allow members to make changes in their dates of birth even after

separation from the service, provided that the necessary legal documents

were submitted to support the same. Petitioner also claimed that this policy

was disseminated in several GSIS seminars that she attended.

Petitioner further asserted that Office Order No. 24-09 and the RIRR

only came into existence in 2009 and 2010, respectively. Hence, it would be

unfair to subject her to these new policies, as she could not have known,

before her separation on 15 April 2007, that GSIS would be implementing

Decision GSIS Case No. 019-13

Page 6 of 12

policies requiring that correction in the date of birth should be madP prior

to a member's separation.

The Petitioner also claimed that, after years of complying with the

stringent requirements of the National Statistics Office (NSO), she was

finally able to get her Certificate of Late Registration of Live Birth, 6

reflecting her true date of birth as 2 October 1951, only sometime in 2008.

Immediately thereafter, she proceeded to the GSIS to request the change of

the date of her birth in the GSIS records. However, she was allegedly

informed by the front line personnel that her request could not be

entertained as the same would muddle her records. Petitioner also alleged

that she was advised to return at the age of sixty years so that her request

could then be processed. Supposedly relying on the assertions of the front

liner, she waited until she was sixty (60) years of age before she re-filed her

request to rectify her date of birth, as shown in her letter dated 3 june 2011

to PGM Vergara.

Petitioner also concluded that a denial of her Petition would impair

her vested right to enjoy her old-age pension benefits, which she should

have received upon reaching her true age of sixty (60) years back on 2

October 2011. Instead, she would have to wait four more years or until 2

October 2015, when she would be sixty four (64) years old, because of an

erroneous entry in the GSIS records.

During the Preliminary Conferences7 of this case, Petitioner pr esented

her NSO authenticated Certificate of Live Birth (Late Registration},

reflecting her date of birth as 02 October 1951. She also presented the

following original documents which also reflected her date of birth as 02

6 Under Registry No. 2008-063611. 7 Held on 20 December 2013 and 9 january 2014.

Decision GSIS Case No. 019-13

Page 7of12

October 1951: Baptismal Certificate, Philippine Passport, Social Security

System's ID, Senior Citizen's ID and Civil Service Commission (CSC)

Certificate of Eligibility.

During a clarificatory hearing held on 13 May 2014, Petitioner also

submitted a Certification from her elementary school8 that she graduated

during the school year 1963-1964; and the School Permanent Cumulative

Record from her High School9 reflecting her date of entrance as August 3,

1964 and her year of graduation as 1968.

ISSUE

Whether the Petitioner may be allowed to change the date of birth in

her GSIS records after her separation from government service.

RULING

The CoC's denial was based on the premise that Petitioner's 3

November 2011 request to change the entry of her date of birth was made

after her separation from government service, at which time, Office Order

No. 24-09 and the RIRR were already in effect.10

However, the fact that the above request was made during the

effectivity of GSIS Office Order No. 24-09 and the RIRR does not

automatically mean that these rules properly govern Petitioner's request. It

8 Gregorio Del Pilar Elementary School.

9 jose Abad Santos High School, Manila.

10 22 October 2009 and 24 june 2010, respectively.

Decisi on GS/S Case No. 019-13

Page 8of12

must be noted that the Petitioner separated from government service on 15

April 2007, prior to the existence of the above rules.

The guidelines on the change in the entry of date of birth, set forth in

Office Order No. 24-09 and the RIRR, should be prospectively applied only

to members who retired after the effectivity of these rules and not to

members who retired prior to them and who relied in good faith on the old

rules.

The Petitioner correctly observed that it would have been impossible

to comply with future guidelines on the change in the entry of date of birth

at the time of her separation in 2007.

It is a hornbook doctrine in law and jurisprudence, apart from being

fully justified by considerations of fairness and equity, that "Laws shall have

no retroactive effect unless the contrary is provided." 11 The principle is well

entrenched in laws, including administrative rules and regulations, unless

the legislative intent to the contrary is expressly manifested. In the present

case, there is no indication that Office Order No. 24-09 and the RIRR may

operate retroactively.

Thus, we find that the appropriate rule applicable to the Petitioner is

GSIS Board Resolution No. 32 that was adopted on 29 March 2006, the

pertinent portion of which reads as follows:

11 Article 4 of the Civil Code of the Philippines.

..

RESOLUTION NO. 32

Decision GSIS Case No. 019-13

Page 9of 12

RESOLVED, to AMEND the Policy Guidelines on the Change of Birth Date of Members approved under Board Resolution No. 189 dated August 13, 2003, to read as follows:

1. Changes in the date of birth shall only be given due course upon presentation by a requesting member to GSIS of either a Court Order or copy of Birth Certificate attesting to the validity of such change, provided the latter is duly authenticated by the National Statistics Office (NSO).

2. Xxx

3. If the request for amendment in the date of birth is made after one year from the date of issuance of the original LEP or ELP policy, such request shall no longer be entertained and, therefore, no change in the date of birth shall be reflected in the policy of the data of the member in the database.

3.1. However, for retirement purposes, any request for change of birth made after one year from the date of issuance of the original LEP or ELP policy shall be given due course, provided fully supported by either NSO-authenticated Birth Certificate; in which case, the amendment shall be recorded only in the MSP of the member.

3.2. The claims system shall, at all times, always refer to the date of birth as appearing in the MSP in all cases requiring processing and payment of claims for benefits, whether for life or retirement. (Emphasis Supplied)

Pursuant to Board Resolution No. 32, for retirement purposes, a

request for amendment in the date of birth may be given due course even

after one year from the issuance of the Life Endowment Policy (LEP) or

Enhanced Life Policy (ELP), provided that it is fully supported either by a

Court Order or NSO-authenticated birth certificate.

The Petitioner's Certificate of Membership shows that her original

LEP was issued on 4 April 1990 and her initial request to correct her date

Decision GSIS Case No. 019-13

Page 10 of 12

of birth in the GSIS records was made in a letter dated 3 November 2011 to

PGM Vergara, wherein she attached her NSO Certificate of Late

Registration of Live Birth.

Petitioner was able to meet the requirements under B.R. No. 32 and

thus, she may be allowed to amend her date of birth in the GSIS records, for

retirement purposes.

Having already established the Petitioner's right to request correction

of her GSIS recorded date of birth, we now briefly assess the veracity of

Petitioner's claim.

Aside from the submission of the NSO Certificate of Late Registration

reflecting Petitioner's date of birth as 2 October 1951, Petitioner was also

able to submit during the hearing of this case, other official records

reflecting the above date of birth, such as her Baptismal Certificate,

Philippine Passport, Social Security System's ID, Senior Citizen's ID and

CSC Certificate of Eligibility.

Moreover, based on Petitioner's elementary and high school records,

with 02 October 1951 as the referenced date of birth, it was verified that

she started elementary education at around age six (6) and graduated from

elementary school at age twelve (12) during the school year ending in 1964.

She also graduated from high school at age sixteen (16) during the school

year ending in 1968.

The foregoing data conclusively support Petitioner's assertion that

she was indeed born in 1951, rather than in 1955.

Decision GSIS Case No. 019-13

Page 11 of12

Based on the totality of the evidence presented, Petitioner was able to

substantially prove that she was indeed born on 02 October 1951 . This

complies with the quantum of proof necessary to support a finding of fact in

quasi-judicial proceedings.

WHEREFORE~ all the foregoing considered, the Petition is

GRANTED. Petitioner is directed to submit her NSO Certificate of Late

Registration of Live Birth that reflects her date of birth as 02 October

1951, to the NCR Operations Group. Upon verification of said certificate,

the Petitioner will be ALLOWED to AMEND her date of birth to 02 October

1951, which is to be reflected only in her Member's Service Profile for

claims purposes. Thereafter, the NCR Operations Group is directed to RE­

COMPUTE the old-age pension benefits due to Petitioner, to be reckoned

from 02 October 2011, when she actually turned sixty (60) years old.

So ordered.

__ 1 1_JU_L_2_0~14 __ , Pasay City.

ROBE T G. VE)f;ARA ice Chairman

ROMEO M. ALIP Trustee

L L. IACSON1 Jr. Chairman

- ~:..~ KARINA CONSTANTINO-DAVID Trustee

. . . ~

·. Decision GSIS Case No. 019-13

Page 12of12

JffiJ. G qGo~ Trust~~ ~'/r

GERALDINE MARIE BERBERABE-MARTINEZ

FRANCISCO T. DUQUE III Trustee

(did not attend)

Copy furnished:

Rizalina B . Benlayo 15276 St Francis St., San Agustin Village Moonwalk, Paranaque City

Atty. Julie Marie Rivera Prosecution and Quasi- judicial Cases Department Legal Services Group

Trustee

~~{J:( Trustee

CERTIFICATION

I, CRISTINA V. ASTUDILLO, Attorney V of the GSIS Legal Services Group, having been assigned as Hearing Officer to draft a Decision in GSIS Case No. 019- 2013 entitled ''In the Matter of the Request to Correct the Entry in the Date of Birth#, hereby certifies that the statement of facts herein stated and being presented before this Board is accurate and true, based on the records of the case, the pleadings and other documents submitted by the parties.

This certification is issued in compliance with Board Resolution No. 198-A adopted on September 15, 2004.

Pasay City, July 1, 2014.

CRISTINA ASTUDILLO Officer

u

BOARD MEETING NO. 12 10 JULY 2014

Page 12

RESOLUTION NO. 90

WHEREAS, a Petition, docketed as GSIS Case No. 019-13, was filed before the GSIS Board of Trustees on 5 August 2013 by Ms. Rizalina B. Benlayo, appealing the Resolution dated 18 December 2012 of the GSIS Committee on Claims, which denied her request to correct her date of birth in GSIS records from 2 October 1955 to 2 October 1951; ~

OFFICIAL COPY

BOARD MEETING NO. 12 10 JULY 2014

Page 13

WHEREAS, pursuant to Section 30 of R.A. No. 8291, the GSIS has original and exclusive jurisdiction to settle any dispute arising from the application of the laws administered by the GSIS;

RESOLVED, to APPROVE and CONFIRM the Decision in GSIS Case No. 019- 13, entitled In the Matter of the Request to Correct the Entry of the Date of Birth in Member's GSIS Records, Rizalina B. Benlayo, Petitioner, the dispositive portion of which states:

"WHEREFORE, all the foregoing considered, the petition is GRANTED. Petitioner is directed to submit her NSO Certificate of Late Registration of Live Birth that reflects her date of birth as 02 October 1951, to the NCR Operations Group. Upon verification of said certificate, the Petitioner will be ALLOWED to AMEND her date of birth to 02 October 1951, which is to be reflected only in her Member's Service Profile for claims purposes. Thereafter, the NCR Operations Group is directed to RE-COMPUTE the old-age pension benefits 'due to Petitioner, to be reckoned from 02 October 2011, when she actually turned sixty (60) years old.

"So ordered."

A copy of the Decision in GSIS Case No. 019-13 1s attached and made an integral part of this Resolution.