Acting DBM Secretary Avisado orders NAPOLCOM to stop paying ‘redundant’ police benefits
Acting DBM Secretary Avisado orders NAPOLCOM to stop paying ‘redundant’ police benefits
Acting
Department of Budget and Management (DBM) Secretary Atty. Wendel E. Avisado directed
NAPOLCOM through DILG to stop the payment of police benefit claims to members
of the PNP who become permanently incapacitated, Killed in Action (KIA) or
Wounded in Action (WIA) in the performance of duty.
Accordingly,
the payment by NAPOLCOM of these benefit claims is tantamount to double payment
of pension considering that the PNP also grants the same benefits. Thus,
inconsistent with the law that prohibits grant of additional or what appears to
be double benefits (Section 8, Article
IX-B of the Constitution).
An Open Letter to President
Rodrigo R. Duterte
January
17, 2020
RODRIGO
ROA DUTERTE
President
Republic
of the Philippines
Dear
our President,
Greetings
of Peace!
Sir,
we are very grateful to what you have done to the Uniformed Personnel
especially to the Philippine National Police, you are the only President
genuinely look to our moral and welfare and we are very thankful.
We, the Total
Permanent Physical Disability TPPD, TPPD Survivors and Posthumous Survivors of
the Philippine National Police PNP is asking your benevolent heart, to hear us
those who served and die for our country.
Sir,
what we are experiencing now, is an act of discrimination by depriving our
rights and we know that it will definitely caused alarm and demoralization to
the men and women in the police force of the Philippine National Police (PNP)
who are now active but less than twenty (20) years in service, to be dubious
and apprehensive to render fully their duty that they too, might ended up of
being Permanently Disabled or killed.
Despite
the physical and mental incapacity of the Police Officer which are proven by the
Health Service Screening Committee NHQ Camp Crame and NAPOLCOM are all service
connected, eventually we are all separated instead of retirement from the
service. The worst case is to die in the performance of police duty or Killed
in Police Operation (KIPO) leaving behind our family a Posthumous Survivors,
sadly all of us are not equally protected by law in terms of benefits.
Sir,
the TPPD and posthumous Survivors questioning the legality and
constitutionality of the Fiscal Directive Number 2019-10 issued last July 2019,
by the PNP NHQ Camp Crame, Directorate for Comptrollership DC “GUIDELINES AND PROCEDURES IN THE
ADJUSTMENT OF PENSION RATES OF PNP PENSIONERS BASED ON THE FY 2019 BASE PAY
RATE OF ACTIVE PNP PERSONNEL”
Under
paragraph 6.0 Provides and i quote: “Exemption
– This implementation of pension adjustment for PNP uniformed pensioners does
not cover separated personnel and their survivors” and those who served
less than twenty years in service.
This
is now their basis of our non-inclusion of the pension increase.
We
must bear in mind that, all Laws, decree, guidelines or policy shall adhere in
accordance to the constitution, and that the Philippine Constitution guaranteed
and provides Article XVI General Provision Section 8 – The State shall from time to time review to upgrade the pensions and
other benefits due to RETIREES of both government and private sectors.
Based
on the said provision of section 35 of R.A 8551 explicitly stated therein, that
those PNP personnel who Permanently Incapacitated are deemed RETIRED,
therefore, any retirees from Government and Private Sectors are entitled for
the pension increase, included the Total Permanent Physical Disability TPPD and
posthumous survivors regardless of length of service.
This action of
Directorate for Comptrollership DC NHQ Camp Crame towards the TPPD and
Posthumous survivors, in addition the cutting-off of pension of our TPPD
survivors is OPPRESSIVE, INHUMANE and UNCONSTITUTIONAL.
Last
November 2019, the Department of Budget and Management (DBM) issued a
Memorandum for the termination of payment of pension for more than 18,000
former members of the defunct Philippine Constabulary (PC) who joined the
Philippine National Police (PNP) and retired from the service, Included us the
unaccounted number of Total Permanent Physical Disability TPPD Retirees and
Posthumous survivors which is by decades continuesly recieving monthly pension
from the National Police Commission (NAPOLCOM), effective this month of January
the payment of pension are temporarily suspended.
Granting,
the DBM’s decision to cut the benefits of these pensioners, that the pension is
tantamount for double compensation (TPPD and posthumous survivors) is based on
the law citing the provision of Constitution under Art. IX-B Section 8 which
make their decision legal. But the DBM has no authority to interpret or nullify
laws and statutes in order to render verdicts.
Any contrary
interpretation of the laws may result to the impairment of the pensioners
vested right to recieve pensions, which have already accrued since the
enactment of R.A 6975 in 1990 As Amended by R.A 8551. This may likewise be in
contrary to the principle of non-diminution of benefits, which is founded on
the constitutional mandate to protect the rights of workers, to promote their
welfare, and to afford them full protection of the law.
The
foregoing views are anchored on the principle of social legislation as embodied
in Article XIII Section 3, in relation to Article II Section 18 of the 1987
Constitution. Based on this principle, retirement laws should be liberally
construed and administered in favor of persons intended to be benefited. This
liberal approach aims to achieved the humanitarian purposes of the law in order
that the effeciency, security and well-being of the government employees maybe
enhanced.
Pension benefits
shall not be interpreted as compensation, hence, no double compensation has been
violated. The benefits granted thru NAPOLCOM is not equated with the pension
given through the PNP, considering the former intended for the TPPD retirees
medication and once the latter died the pension is automatically cut off.
How
little we receive (TPPD and Posthumous survivors) since there is no pension
increase and now Secretary Avisado for the alleged double compensation will cut
our pension from NAPOLCOM as well as the future of the family of TPPD retirees
is not given importance as the pension is not transferable to a survivor and
would automatically be cut at the death of the TPPD retiree. Pension from
napolcom was totally scrapped off leaving the TPPD in hardship of survival as
the cost of living and continuous medication and other basic needs is
skyrocketing. Therefore, pension is very important for us for survival in our
miserable condition.
It
is sad to think that, the Police who dedicated their lives with utmost
dedication and loyalty and in suffering condition as a result will be treated very
inhumanly.
Laws are made by men
and it could be subject therefore to human frailties as this law seems to be.
What is legal is not necessarily moral.
We
appeal to you sir as our President, to call the attention of Department of
Budget and Management DBM’s and reconsider his decision. Laws can be amended if
they do not suit to the human needs.
Sir,
we would like to meet you in person in your most convenient time, to address
the injustice we receive by violating the basic precepts of fairness and due process.
We
are hoping Sir, that our sacrifices for our county will be consider, and that
our predicament and misery will end up for your immediate action and
intervention,
God
Bless..!
Justice
for all..!
Our
Snappy Salute
We
remain,
Hendrick
A. Dacuyan
National
President/Lead Convenor
PNP
TPPD Retirees and Survivors Association Inc. (PTRASAI)
Brgy. 6 Poblacion,
Taft, Eastern Samar