AnnouncementWhat's New

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).

dbm letter 1

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