republic act 10154

8/4/2019 Republic Act 10154

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S. No. 2748H No. 3862

~ J . l U h l i r nf f4 J4i1ippimsQItmgrcss of f4c J4ilippiucs

(l'lItdtn (l'lItlluila

Begun and held in Metro Manila, on Monday, the twenty-sixth day ofJuly, two thousand ten .

[ REpUBLIC ACT No. 10154 I

AN ACT REQUllUNG ALL CONCERNED GOVERNMENTAGENClliSTO ENSURE THE EARLY RELEASE OF THE RETIREMENT PAY,PENSIONS, GRATOITlliS AND OTHER BENEFITS OF RETllUNGGOVERNMENT EMPLOYEES

Be it enacted by the Senate and House ofRepresentatives of thePhilippines in Congress assembled:SECTION. 1. Declaration of State Policy. - I t is herebydeclared that it is the policy of the State to enSure the timelyand expeditious release of the retirement pay, pensions,gratuities and other benefits of all retiring employees of thegovernment. Public officers and employees who have spent the

best years of their lives serving the government and the publicshould not be made to wait to receive benefits which are dueto them under the law. Accordingly, it is hereby mandatedthat highest priority shall be given to the payment andlor


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2settlement of the pensions, gratuities andlor other,retirementbenefits of retiring government employees.

SEC. 2. Period for Release of Retirement Benefits. -The head of the government agency concerned, the Presidentand other responsible officers of the Government ServiceInsurance System (GSIS), the President and other responsibleofficers of the Home Development Mutual Fund (Pag-IBIGFund) andlor the Secretary and othel' responsible: officers ofthe Department of Budget and Management (DBM) shallensure the release of the retirement pay, pensions,' gratuities,and other benefits of a retiring government employee withina period of thirty (30) days from the date of the actualretirement of said employee: Provided, That all requirementsare submitted to the concerned government agency at leastninety (90) days prior to the effective date of retirement:Provided, further, That in the case of the GSIS, it shall paythe retirement benefits of the retiring employee on histher lastday of hislher service to the government, pursuant to the GSISCharter.

SEC. 3. Retiring Employees With Pending Cases, - Inthe case of retiring government employees with pending casesand whose retirement benefits are being lawfully withheld dueto possible pecuniary liability, the head of the agency wheresuch case is pending shall ensure that the said case shall beterminated andlor resolved within a period of three (3) monthsfrom the nate of the retirement of the concerned,employee:Provided, That in case the concerned agency fails td terminateand/or resolve the case within the said period without anyjustifiable reason(s), the retirement benefits -due to theemployee shall: be immediately released to himther withoutprejudice to the ultimate resolution of the case; except, whenthe delay is deliberately caused by the retiring employee.

-SEC. 4. Coverage. - This Act shall cover all branches,agencies andlor instrumentalities of the government, includinggovernment-owned andlor -controllen corporations (GOCCs),excluding personnel of the Armed Forces of the Philippines,and shall be applicable both to applications for compulsoryretirement and optional or early retirement as authorized bylaw. -


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3SEC. 5. Penal Provisions. - The unjustified failure

andlor refusal to release the pension, gratuities and otherretirement benefits due to a retiring government employeewithin the periods prescribed above or to comply with anyprovision of this Act shall be a ground for the filing ofadministrative disciplinary action against the erring officer(s)andlor employee(s). Such erring officer(s) andlor employee(s)shall, after hearing and due proceedings, be penalized withsuspension from the service without pay from six (6) monthsto one (1) year, at the discretion of the disciplining authority.

This penalty shall not apply if the release of theretirement benefits could not be accomplished due to forcemajeure and other insuperable causes. In such cases, thethirty (SO)-day period shall be counted from the time suchcause(s) cease(s) to exist.

SEC. 6. Implementing Rules and Regulations. - TheCivil Service Commission (CSC), after consultation andcoordination with the government agencies andlorinstrumentalities affected by this Act, including, but notlimited to, the GSIS, the Pag-IBIG Fund, the ConstitutionalCommissions, the Legislature and the Judiciary as well as theOffice of the Government Corporate Counsel (OGCC) and theDepartment of the Interior and Local Government (DILG),shall promulgate and issue the appropriate rules andregulations for the proper implementation of this Act.

Such rules and regulations shall include provisionsprescribing uniform periods for the advance filing of retirementapplications in the different agencies concerned, as well asstandard periods for the processing and release of claims forretirement benefits, gratuities and allowances which willpinpoint responsibility in case of delay in the release thereof.SEC. 7. Separability Clause. - If any provision, partor portion of this Act shall be held as invalid, the provisions,parts or portions of this Act not otherwise affected therebyshall remain valid and effective.SEC. 8. Repealing Clause. - All laws, executiveissuances, orders and rules and regulations contrary to or


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4inconsistent with the provisions of this Act or any part thereofare hereby repealed, amended andlor modified accordingly.

SEC. 9. Effectivity. - This Act shall take effect fifteen(15) days following its publication in the Official Gazette orin two (2) newspapers of general circulation in the cOlmtrv.

Approved,d ~ I f ) , - 4 ~ ~

FELICIANO BELMONTESpeaker of he HouseofRepresentatives

This Act which is a consolidation of Senate Bill No. 2748and House Bill No. 3862 was finally passed by the Senateand the House of Representatives on May 30, 2011 andJune 1, 2011, respectively.

6 1 i ~ ecretary GeneralHouse ofRepresentatives ecretary of he SenateApp,"vod"JUL

'1'\'1" '7B E N I ~ SI EO}.;[ C. AQUINO IIIPreside t of the Philippines

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