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DOJ’s legal opinion for TPPD beneficiaries: RELEASED!

DOJ’s legal opinion for TPPD beneficiaries: RELEASED!

It’s been a year since the Department of Budget and Management (DBM) suspended temporarily the payment of benefit claims for Total Permanent Physical Disability (TPPD), Survivors, and Posthumous Survivors of the Philippine National Police (PNP).

It happened when the Department of Budget and Management (DBM) Secretary Atty. Wendel E. Avisado ordered the National Police Commission (NAPOLCOM) for stoppage of the said benefit due to “double compensation.”

UPDATE:

The Department of Justice has finally rendered a legal opinion over the controversial issue of double compensation between TPPD (represented by NAPOLCOM) and COA. The legal opinion was rendered on March 29, 2021, and submitted to DILG.

TPPD legal opinion 2021
Photo: DOJ

According to DBM, NAPOLCOM’s payment of these benefit claims amounts to a double payment of pension since the PNP still receives the same benefits.

What happens next?

In a dialogue between the NAPOLCOM Legal Department and one of the TPPs, Atty. Chito Bustonera, NAPOLCOM Staff Service Chief, said that when the Commission on Audit (COA) issued an Audit Observation Memorandum (AOM) directing NAPOLCOM to stop the payment of benefits to police officers who have been permanently incapacitated, died in the line of duty, or were killed in action.

As a result, NAPOLCOM and COA went to Malacañang Palace and agreed to have a legal opinion from the Department of Justice (DOJ).

In October 2020, NAPOLCOM seeks DOJ’s legal opinion of whether or not TPPD benefit claims would amount to double compensation.

For how long do I have to wait for DOJ’s legal opinion? (SCROLL DOWN BELOW FOR THE COPY OF LEGAL OPINION!)

“We specify in our request that is a matter of life and death. Kasi po yung pensioners namin are marginal pensioners po eh. Umaasa lang po sila sa pension para sa kanilang kabuhayan. Lahat po ng sulat naming sa COA, kay PRRD, sa DOJ, lahat po binabanggit namin that this is a matter of life and death para sa aming pensioners,” Atty. Bustonera said.

NAPOLCOM maintains that the benefit in dispute does not fall under the definition of double compensation, and that the rationale for providing additional benefits or pensions must be established.

“May dalawang challenge ang ibinigay sa NAPOLCOM, Una po tumigil ang DBM pag-iissue ng SARO at NCA hanggat hindi nakakaclarify ang issue and pangalawa yung pong AOM na nagbabanta na magdidis-allow.

So after po ng February Meeting, nag-issue na po ang DBM ng kanilang SARO and NCA pero very specifically nilagay doon na yung pag-gasto ng pera na yun ay dapat nasasaad sa existing auditing laws, rules and regulations.

Ibig pong sabihin kailagan sundin ng NAPOLCOM ang auditing rules and under the rules we are bound by the directives in an Audit Observation Memorandum. Hindi po naming pweding balewalaen yun kahit po mayroon po kaming opinyon na hindi po katugma ng kanilang opinyon. Ang payo nalang nila sa amin ay sumulat at kumuha ng formal legal opinion sa ating Department of Justice,” Atty. Bustonera added.

NAPOLCOM Commissioner Vitaliano Aguirre II clarified to the TPPD pensioners that COA (and not NAPOLCOM) suspends welfare benefit claims for violation of double compensation as it is prohibited under the Philippine Constitution.

UPDATES! Copy of DOJ Legal Opinion

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Excerpt from the Legal Opinion:

“Thus, the claim for death and permanent physical disability benefit given by the PNP and NAPOLCOM fall within the constitutional proscription against double compensation as the payment of the said benefits is based on the same services rendered by the PNP uniformed personnel for the same creditable period.

The NAPOLCOM shall adjudicate and pay the claims for death and permanent physical disability benefits pursuant to Section 21 of RA No. 6975 and its IRR.

Conclusion

The separate grant of death and permanent physical disability benefits by the PNP and the NAPOLCOM to the PNP uniformed personnel and their beneficiaries VIOLATES the CONSTITUTIONAL PROSCRIPTION against DOUBLE COMPENSATION.”