Court orders NPC to pay employees P6.49-Billion

by EVMail News on April 7, 2009

ORMOC CITY – A Quezon City regional trial court has awarded with finality this week some 9,777 employees of the National Power Corporation (NPC) a whooping P6.496-Billion representing “back allowances” and unpaid cost of living allowances (COLA) from November 1989 up to 1999, when the case was filed against the government corporation.

The sum, if equally divided among the 9,777 employees, would give each around P664,000.00. However, the distribution of the money would be prorated, depending on their salary scale, as the back allowances and COLA due to them represents 40 plus 10 percent of their salaries, respectively.

Presiding Judge Luisito G. Cortez of the RTC Branch 84 in Quezon City has also ordered NPC to pay the employees another P 704-million interest at 12 percent per annum on the whole sum, from the time the complaint was filed in December 2007 until its resolution in December 2008. The lawyers and “consultants” of the NPC employees were also awarded 300,000.00 in attorney’s fees, aside from five percent of the entire amount that each employee will receive, as consultancy fee for them. That would be around P324.8-million.
A notice to comply dated March 24, this year, has since been served by the sheriff of RTC Branch 84 to the NPC on March 25, after the decision became final. It is not learned at this point in time if the NPC would file an appeal on the judge’s decision at the Supreme Court, or if still can be appealed.
However, NPC employees are confident they would get the P6.496-Billion award, banking on a similar case that has already been resolved by the Supreme Court just last December 2008. This was the complaint filed by terminated members of the NPC Drivers and Mechanics Association (NPC DAMA). The Supreme Court has ordered NPC to pay the terminated drivers their back wages and allowances, saying their termination from work was illegal. The National Power Corporation is a government-controlled corporation. Its transmission facilities under TransCo have since been privatized, including the one in Eastern Visayas based at Milagro, this city, which was bought by a Chinese firm and now operating under the name National Grid Corporation of the Philippines (NGCP).

NPC is the same entity that has recently been allowed by the Energy Regulatory Commission (ERC) to increase on their power rates by some P1.1460 in the Visayas, claiming they have been operating on the red. However, in a certification issued on April 22, 2008, Alexander Japon, NPC senior finance department manager, certified that it has available funds for the payment of back allowances and COLA to its personnel and former employees in the amount of P8.5-Billion.
To demand for the immediate compliance of the court order, former NPC employees, majority of who have since been absorbed by the new owners of its facilities, have started a “peaceful assembly” in their respective locations every lunch break. Here in Milagro, this city, the employees took to assembling at the plant gates during their lunch break starting Friday, March 27, 2009. Requesting anonymity, some employees told the EV Mail that what they are doing is just to dramatize their demand, but they are doing it during their lunch break so as not to disrupt the normal operations of the electric transmission facility.

Class suit

The complaint against the NPC is for mandamus. It was filed by two employees originally, Abner P. Eleria and Melito B. Lupanco. Eleria was president of the NPC Employees Consolidated Union or NECU and Lupanggo, president of the NPC Employees and Workers Union (NEWU). Soon thereafter, their respective unions filed as petitioner-intervenors in behalf of its members. The judge then ruled that since the parties involved were numerous, that the same was a “class suit”. The petitioners complained to the court that before November 1989, they received allowances and COLA which were discontinued after the Salary Standardization Law took effect. The Department of Budget and Management, on the other hand, issued DBM Corporate Circular No. 10 (CCC No. 10), as its implementing guidelines. The guidelines, however, proved fatally defective after it was not published. It was only published by the DBM on the Official Gazette on March 1999, after 10 years. Government counsels, on the other hand, including the Office of the Solicitor General, tried to argue for NPC and DBM, attacking the complaint for various technicalities including the non-payment of the proper amount of docket fees.

However, Judge Cortez brushed these aside, invoking in his decision the constitutional right of the people to the equal protection of law. In his prefatory statement, the judge said “The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. The state values the dignity of every human person and guarantees full respect of human rights.” He also invoked that “Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty”. He said that when the case was filed at his sala, the Clerk of Court computed the proper fees for its filing then, since it was only in the course of the proceedings that it became a “class suit”. As such, the judge also imposed a lien of P145.4-million on the total award representing payment of the adjusted docket fees. He cited Section 2, Rule 141 of the Rules of Court that provides: “Where the court in its final judgment awards a claim not alleged, or a relief different from, or more than that claimed in the pleading, the party concerned shall pay the additional fees which shall constitute lien on the judgment in satisfaction of said lien”. with a report from JP Serseña

{ 1893 comments… read them below or add one }

geo August 15, 2011 at 7:28 am

Dapat mag reunion ang lahat ng affected, isama natin yun nasa abroad para ipakita natin yun ating united action.

concerned wife August 16, 2011 at 12:50 am

sana po naman eh yong pension ang ibalik na sa lalong madaling panahon. kami po ay nagsusumamo, nakikiusap, nagmamakaawa na ibalik nyo ang aming pension. wala na po kaming makain, pambili ng gamot. Sa konting panahon na lang ang aming buhay na naiwan, eh hininto pa ang unti naming pinagkukuhanan ng ikabubuhay. sana po maawa naman kayo sa mga matatanda. Sr. Citizen.salamat po.

Jess August 24, 2011 at 9:18 pm

makikibalita lang po sa COLA

boratzky August 24, 2011 at 11:33 pm

nakupo, ang dama at cola ay pinag isa na daw para minsanan na daw makuha, eto yong bagong acronym. . ..”COMA” . . .ok ba?

akoMismo August 25, 2011 at 12:45 am

let’s support this case and make some noise NPC people..! we need to be visible in the web and maybe to media

http://www.facebook.com/pages/Npc-Gsis-Issues/240047839353588

August 24, 2011

Pimentel urges GSIS to restore pension of Napocor retirees (member of the Senate Committee on Labor, Employment and Human Resources Development)

Newly-installed Senator Aquilino “Koko” Pimentel III asked the Government Service Insurance System (GSIS) on Wednesday to restore the monthly pension of nearly 9,000 National Power Corporation (Napocor) retirees which the state-run pension agency stopped last April, allegedly in compliance with a Supreme Court ruling.

Pimentel urged GSIS Chairman Daniel L. Lacson and GSIS President and General Manager Robert G. Vergara to liberally interpret the laws in favor of its members or beneficiaries.

“If, under our Labor Laws, a fair day’s pay for a pair day’s work is a long accepted doctrine, the same should equally apply to retirees who look at their retirement benefits as a financial refuge in their old age,” Pimentel said.

He said Napocor retirees have made invaluable contribution to the development of the Philippine electric power industry and deserve due recognition for services rendered.

Pimentel hails from Mindanao where the remaining hydroelectric plants operated by Napocor — the Agus and Pulangui complexes — are located.

Napocor started its service expansion in the 1970s. This was also the start of the exodus of Filipinos to work abroad. But many Napocor engineers and employees decided to stay in the country, hoping to contribute their share in economic and social progress.

Pimentel explained that these Napocor workers relied on the Civil Service Commission for their job security and on the GSIS for their retirement years. They complied with the mandated contribution for purposes of pension.

When GSIS accepted them, it obligated itself to pay the corresponding benefits due. It was during the martial law era when Presidential Decree 1146 mandated that “a retiree is entitled to monthly pension for life.”

During the administrations of President Corazon C. Aquino and Fidel V. Ramos, Napocor workers did their best in solving the prevailing power shortage due to the mothballing of the Bataan Nuclear Power Plant. These Napocor employees, also known as the EPIRA retirees, proved their loyalty and dedication as public servants, Pimentel pointed out.

The Arroyo administration privatized Napocor with the passage of the Electricity and Power Industry Reform Act or EPIRA Law (Republic Act No. 9136) on June 6, 2001. A separation package was offered to compensate the displacement or involuntary nature of employee’s separation from the service.

The separation package was understood to be “over and above the existing retirement benefits.”

Napocor’s reorganization was effected smoothly in February 2003 in accordance with the EPIRA. All employees were terminated and paid separation packages equivalent to 1.5 months salary for every year of service.

For those already entitled, GSIS was responsive enough to apply the new GSIS Law (R.A. 8291) as their retirement scheme. With the support of Napocor employees, the EPIRA Law was implemented in accordance with government objectives.

Napocor power plants were sold to the private sector, thereby earning money for the government.

Pimentel said it is unfortunate that the GSIS suspended the pension of Napocor retirees effective April 2011 on the basis of unjustifiable reasons, noting that the pension agency was quick to renege from its obligation to release the retirement benefits of the workers after collecting their monthly premiums for many years.

The lawmaker lamented that while the EPIRA resulted in more revenues for the national government, the Napocor employees now find themselves having to practically beg the government for the benefits due them.

“We simply cannot allow this,” Pimentel said. “In Romana Cruz v. Hon. Francisco Tantuico, the Supreme Court of the Philippines declared that pension is a bounty flowing from the graciousness of the Government intended to reward past services and, at the same time, to provide the pensioner with the means with which to support himself and his family. Likewise, we should remember that it is a well-settled rule that retirement laws are liberally interpreted in favor of the retiree because the intention is to provide for the retiree’s sustenance and comfort, when he is no longer capable of earning his livelihood.”

“Justice is truth in action, and the sooner the issue is resolved, the better,” said Pimentel, a member of the Senate Committee on Labor, Employment and Human Resources Development.

akoMismo August 25, 2011 at 1:02 am

from Felicisimo Ravanzo
Pnoy SONA

“Agree po ako dito. Sana po lahat ng opisyal sa ating pamahalaan ay tumahak na sa “tuwid na daan”. Tingnan po ninyo ito: Nang sinabi mong ipa-aaral ang hinaing ng NAPOCOR retirees na ini-hinto ang GSIS Pension Pay, nagkaroon ng katugonan sa isang conference na pinatawag ni GSIS Pres RG Vergara noong July 15, 2011. Sa isang bahagi ng Open-forum, binanggit ng tagapagsalita ng GSIS na ibalik lamang ang benepisyo na tinanggap ng NAPOCOR retirees mula sa EPIRA o Electric Power Industry Reform Act ay kaagad na aaksyon sila for the immediate restoration of NAPOCOR retirees pension payment, sapagkat, diumano ang nasabing EPIRA benefits ay kalabisan sa dapat tanggapin ng NAPOCOR retirees. Sa pahayag na ito, lumitaw na sapantaha lamang na nakinabang kaming mga retirees sa EPIRA gayong ang katotohanan ay wala namang tinanggap na EPIRA related benefits mula sa GSIS kaming mga NAPOCOR retirees. Isa pa po ay whether or not may EPIRA o wala, tulad ng ibang govt pensioners, retirees kami na entitled sa pension payment. Gayon man hinahamon ko po ang GSIS na maglabas ng proof of payment sa isyung ito.

Isaala-ala po natin na ang EPIRA, implemented in 2001, ay natatag upang solusyonan ang dwindling economy as a result of frequent brownouts ng panahong ‘yon. Ang partisipasyon dito ng NAPOCOR employees ay extra effort without added compensation tungo sa katuparan ng Act na ito, at nasolusyonan naman ang brownouts. Tanging ang solusyong ito ang nakamtan nating benepisyo sa EPIRA at ang nakinabang ay mamamayang pilipino, hindi po NAPOCOR retirees lamang, kundi sambayanan. Kung pinababalik ay benepisyo mula sa EPIRA, ang kahulugan po nito’y sinisingil ang taong-bayan. Kamangha-mangha po ito sapagkat hindi po ‘yon ang “tuwid na daan”. Ang matwid po ay ibalik ang discontinued pension sapagkat ‘yon ay pera mismo ng mga manggagawa ng pamahalaan at ni katiting ay hindi naging bahagi ng kwestyonableng pera ng GOCC officials, kundi perang pinagtrabahuhan ng ordinaryong manggagawa na ini-contribute sa GSIS sa mahabang panahon ng employment life.”

akoMismo August 25, 2011 at 1:33 am

from Benjamin Ypil

“Our dear SC Justices:

I am one of the hundreds of NAPOCOR retirees adversely affected by your recent ruling which, in effect, deprived us of our monthly retirement pension from the GSIS. Being already in the twilight of my years, a widower and jobless, where will I get now the money for my medicines which are estimated to cost me, at least, P10K, not to mention my family’s subsistence and the utility bills, i.e. water, electricity and phone? Incidentally, I wish to thank you for having ordered Napocor to pay us our back wages after declaring our reorganization in 2002 illegal pursuant to EPIRA. But where’s the money for our back wages when Napocor’s claiming in the red? If it’s true, where did the proceeds from the sale of the Napocor power plants go? “

akoMismo August 25, 2011 at 10:08 pm

first of all, what does EPIRA stands for?

EPIRA

Electric Power Industry REFORM ACT of 2001 (RA 9136)

- meaning reform.. and enhancement of such existing

definition and meaning of REFORM

To put into a new and improved form or condition; to restore to a former good state,
or bring from bad to good; to change from worse to better; to amend; to correct; as, to reform a profligate man; to reform corrupt manners or morals.

To return to a good state; to amend or correct one’s own character or habits; as, a man of settled habits of vice will seldom reform.

Amendment of what is defective, vicious, corrupt, or depraved; reformation; as, reform of elections; reform of government.

Under EPIRA law, a “special” separation package was given to all employees who are “solely involved” in the power sectory industy / electrical energy affected by restructuring and privatization – June 2001 (equivalent to 1.5 months salary for every year of service)

This EPIRA (2001/2003) separation package is over and above the existing RETIREMENT BENEFITS under Revised GSIS Act of 1997

PD 1146
Retirement under PD 1146 can only be availed by those who were in service after May 31,1977 but prior to June 24, 1997

8291 – Revised GSIS Act of 1997
An act “FURTHER” AMENDING PRESIDENTIAL DECREE NO. 1146, AS AMENDED, EXPANDING AND INCREASING THE COVERAGE AND BENEFITS OF THE GOVERNMENT SERVICE INSURANCE SYSTEM, INSTITUTING REFORMS THEREIN AND FOR OTHER PURPOSES

Presidential Decree 1146 mandated that “a retiree is entitled to monthly pension for life.”

EPIRA DOES NOT AMMEND ANY EXISTING RETIREMENT BENEFITS UNDER SUCH LAWS.

EPIRA section 63 only tackles about SEPARATION PACKAGE / PAY due to Restructuring/Privatization.

The same RETIREMENT BENEFIT/S still exists.

Affected NPC-NAPOCOR retirees complied with the mandated contribution for purposes of pension. Also, there is no GSIS policy or law stating that there will be a return of premiums for those contributing in this so called “Government Service Insurance System” beyond 15 years (already reached maturity) under existing laws.

SEPARATION BENEFITS – this coming from NAPOCOR
(EPIRA SEPARATION benefits specially made and “ENACTED” for Officials and Employees of AFFECTED AGENCIES due to restructuring and privatization)

is different from RETIREMENT BENEFITS – coming from the government’s insurance system – OLD AGE PENSION.

Please! Where is the LABOR LAW now?
Where is the DAMA? Where is COLA? Supreme Court already made a decision.
What’s happening in this country??! Supreme Court, COA, wake up! GSIS, open your hearts!

biktima ng epira August 25, 2011 at 11:44 pm

Bakit ganun – kapag talo tayo sa korte, mabilis pa sa alas-4 na binawi ang benefits (GSIS pension)? Samantalang yung ipinanalo natin sa korte (DAMA and COLA), magkakangmamatay na yata tayo e hindi pa rin tayo mababayaran. Saan pa tayo tatakbo para sa hustisya, e wala naman nang mas mataas pa sa Supreme Court? Sabi ni Presidente sa SONA, lahat ay dapat kasama sa “Tuwid Na Daan”. Sa nangyayari sa atin, mukhang sa “Dead End Na Daan” ang patutunguhan natin!

akoMismo August 28, 2011 at 1:20 am

GSIS President.. Mr. Vergara na galing Hong Kong, nag apply ka lang dito sa Pinas to be GSIS President… masyado kang pa bida, walang kang puso sa mga NPC retirees.

During the dark periods here in the Philippines, these people are the ones who helped the nation building when it come to power industry and restoration of electrical energy.. parang wala ka kaseng alam!

Pagkatapos maghulog for pension sa tinatawag na “GSIS” & reaching maturity.. kapag naisipan mo putulin o isoli.. ganon na lang?!

akoMismo August 28, 2011 at 1:57 am

before going technical, or to any Supreme court side of story or any “Declaratory Relief”
We have 3 modes of retirements under GSIS:
RA 660 – “Magic 87″
RA 1616 – eto, wala talagang monthly pension / Take ALL, may refund of premium din
RA8291 – enhancement of PD 1146, monthly pension for life.

Under RA 8291
Separation Benefits and Retirement Benefits – both have monthly pension for life

Saan kayo kabilang?

Separation Benefits:

1) from EPIRA – equivalent to 1.5 months salary for every year of service
(without the discussion of monthly pension / retirement benefit upon reaching sixty (60) years of age) since it is understood that this is a “SPECIAL separation package” only/ EXCLUSIVE in the POWER SECTOR INDUSTRY during those times) followed by the 8291, monthly pension for life.
EPIRA (REFORM ACT) is made on top of RA 8291 for the power sector.

2) from RA 8291
“SEC. 11. Separation Benefits. – The separation benefits shall consist of: (a) a cash payment equivalent to one hundred percent (100%) of his average monthly compensation for each year of service he paid contributions, but not less than Twelve thousand pesos (P12,000) payable upon reaching sixty (60) years of age 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 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 fifteen (15) years of service and is below sixty (60) years of age at the time of resignation or separation.

Bottomline:
from LABOR LAW, PD 1146, further enhanced by Revised GSIS Act of 1997 or RA 8291
both with old-age pension or monthly pension (all retirees are entitled for this, example SSS for private sectors… tapos, GSIS wala?!)

Lumalabas, yung wala sa power sector and not bounded by EPIRA, sila lang ang may old age pension? anong klaseng batas meron tayo! baluktot! After giving service to the government, naghulog ka hoping for your security someday… ganito pa aabutin namin??!

Josefina D. Baltazar August 28, 2011 at 11:28 pm

Para kay akoMismo. Galin sa isang biktima ng EPIRA. Pwede wag nyo nalang ibangit ang pangalan ko sa nag leave ng comments? Sir, salamat at least naliwanagan ho kami sa mga isinulat mo. Yon asawa ko ay isa sa mga nag retire ng RA 8291. At biktima din sa EPIRA. Ako nalang ang kusang sumulat sa inyo kasi 2 1/2 years na siyang na “stroke” at kailangan talaga namin ang pension niya para sa mga maintenance medicines. Sa mga papers na hinawakan ko ngayon, ang pag-apply niya ng retirement sa GSIS, Feb. 26, 2003 at ang last day of service Feb. 28, 2003. March 1, 2003 ay ang effectivity of legal separation from NPC pursuant to NP Board Res. No. 2002-124 ito ang na reflect sa kanyang service record. At na approved din ng GSIS March 1, 2003 at age 61.5 yrs. Ang retirement ng asawa ko old-age na yon. Ano ho ang aming gagawin upang ma restore ang kanyang pensyon?

akoMismo August 29, 2011 at 7:02 pm

PFAT (NPC President Froilan A. Tampinco) is calling for a Pension Forum by August 31, 2011 at 10am NPC Diliman Office to reconstitute a new GSIS pension Task Force to be composed of all concerned NPC sectors for the purpose of unifying all our strategies and directions for expeditious resolution of the GSIS pension problem. Please support this new endeavor – concerned personnel

0606 August 30, 2011 at 5:31 am

anu na po mangyayari s pension? mapapabalik na po ba this september?

Richard Panotes August 31, 2011 at 7:07 pm

@ akoMismo
Ano po ang nangyari sa forum kahapon? paki update po ako.

geo September 3, 2011 at 11:29 am

Nag sent na ng message yun GSIS na pwede nakubra yun pension. Sino ba dapat pasalamatan, naka save din yun ng kahit ilan buhay. Nag tarbajo pala sii Vergara sa Hongkong, pagbalik Pres. agad ng GSIS, siguro sa account ng Hopewell. Kasi Cojuanco ang CEO ng Hopewell dito noon ginagawa yun Pagbilao Coal Fired Power Plant. Don Pedro Cojuanco uncle ni tita.

Richard Panotes September 4, 2011 at 10:07 pm

@ geo
kung may copy ka ng message ng GSIS na makukuha na pension e paki tag naman d2 dito. tanx GOD bless us.

sandra September 5, 2011 at 5:39 am

To: Sir Richard Panotes,
Good Day po sa lahat na readers dito.
Ito po ang laman ng message galing sa GSIS ito ay galing sa kaibigan ko na pensioner (parehas po kaming natanggal noong 2003, ako po ay hindi pa pensioner).

“Good news, NORMA! U can now choose to get ur pension thru LANDBANK. Just visit LANDBANK Tabaco branch and bring ur eCard & l gov`t ID. TY”

Pumunta ho sya sa Landbank at ang sagot sa kanya wala pa daw pong pondo.

Richard Panotes September 5, 2011 at 5:52 pm

@ sandra
Thank you sa info, sana magka pondo na.

boratzky September 5, 2011 at 10:22 pm

Uy, kumusta panyerong panot? sana makuha na natin dama at cola ano?

akoMismo September 5, 2011 at 10:57 pm

To all separated, rehired, retiring and retired NPC employees:

Today, Sept 6 at 10am, crucial moments are inline, Supreme Court will clear this issue. Let’s pray that SC will be enlightened and guided.. and that justice for us will be achieved.

God bless us all.

Richard Panotes September 6, 2011 at 12:50 am

@ boratzky and akoMismo
Boratzky join me in my prayers. I always pray, have faith that GOD already enlightened, guided all the SC magistrate and I believe GOD now granted our prayers, GOD bless us all.

boratzky September 6, 2011 at 1:31 am

uu panyerong panot, maa asahan mo. . .cheers!

Richard Panotes September 6, 2011 at 6:25 pm

Ok very good panyerong boratzky.

Richard Panotes September 6, 2011 at 6:27 pm

@ akoMismo
Gud am sir, may info ka na ba sa resolution ng SC kahapon? ano po nangyari? please give us feedback. thank you and GOD bless.

akoMismo September 6, 2011 at 7:47 pm

Di pa po tapos, enbanc session ongoing this morning. Wednesday 10am.
1 justice still needs to study all the issues raised and with regards to supplemental petition.
Let’s pray more to satisfy the lone justice.

To God be the glory!

boratzky September 6, 2011 at 9:52 pm

ano ba yung pinag uusapan nyo ni akomismo panyerong panot? cola, dama o GSIS?

Richard Panotes September 6, 2011 at 11:37 pm

@ akoMismo
Thank you at yap to GOD be the glory

Richard Panotes September 6, 2011 at 11:38 pm

@ boratzky
Ang pinag uusapan namin ni akoMismo e dama at gsis, ung cola e hindi kasama dito.

totoy mola September 7, 2011 at 12:15 am

sir tapos na po ba ang enbac session?please give us feedback thanks

Richard Panotes September 7, 2011 at 12:24 am

@ akoMismo
Sir kami ni totoy mola e nagre-request ng info kung alam nyo ang result ng enbanc session ng SC ngaun. please give us feedback. To GOD be the glory.

geo September 7, 2011 at 9:00 am

Sa mga taga Metro Manila, retirees, ano balita may budget na ba yun pension ? Nakukubra na ba sa Landbank?

o6o6 September 7, 2011 at 7:38 pm

anu na po nangyari? resume na po ba tlga un pension and may pondo na po ba? eh ang dama po musta na po?

TOTOY MOLA September 7, 2011 at 9:42 pm

mga kasama may news na ba kayo dyan regarding sa enbac session yesterday?pkipost naman po. thanks

boratzky September 7, 2011 at 10:21 pm

totoy ebac, este totoy mola, enbac ka kc ng enbac e kaya wala sumasagot sa yo.. enbanc yun totoy! hehehe.cguro wala pa update kaya maghintay lang tayo. may mag post din dito sure ako totoy ebac.

TOTOY MOLA September 7, 2011 at 10:42 pm

ok buratzky salamat hehehe

boratzky September 7, 2011 at 11:13 pm

ayan ka na naman totoy, mali na naman spelling ng name ko. . .boratzky yun! malabo na yata ang mga mata mo lolo totoy. hehehe

Jess September 8, 2011 at 12:46 am

buti pa kayo may dama na pinag uusapan. eh ang cola meron na ba

boratzky September 8, 2011 at 1:21 am

@ jess d mo a alam na pinagsama na ang cola at dama at ginawan na ng panibagong acronym? ang tawag na ngayon ay “coma”.

Igorotak September 8, 2011 at 7:08 pm

kumusta na po ang pension, may pondo na po ba? at yung “COMA”(cola at dama) ano na po ang latest na balita?

manuel lim September 9, 2011 at 5:28 pm

UPDATES AS OF SEPTEMBER 9, 2011: ung binigay n sulat ng gsis s mga pensioners n kung saan pinapapili ang retirees ng bank (whether land bank or union bank) kung saan pwedi matanggap ang pension ay isa lamang “ïnvitation” ayon sa pension’s department ng gsis. Ang ÏNVITATION” n yan ay sagot ng office of the gen.manager ng gsis dahil ako ay nag reklamo tungkol s kaso ng herrera vs. NPC n hindi pwedi i-apply upang putulin ang aking pension sapagkat ang natanggap naming separation benefit ay ibabalik at kukunin duon sa halagang ibabayad s amin ng NPC sapagka illegally terminated namin s pamamagitan ng void at illegal NPB 124-125.-manuel lim

Igorotak September 9, 2011 at 6:10 pm

@manuel lim Sir! maraming salamat po sa update tungkol sa pension, kaagapay nyo po kami sa panalangin sa ating Panginoong Diyos sa ika aayos at ika lulutas ng lahat ng ito. Pagpalain po nawa tayong lahat sa ating mga minimithing kalutasan sa mga suliraning dulot ng usaping ito. God bless and more power sir!

geo September 9, 2011 at 7:06 pm

@ M Lim, Invitation, so wala pa budget yun pension. Paki explain nga, medyo bitin, kailan itutuloy yun pension na meron pondo.

manuel lim September 9, 2011 at 8:42 pm

A MESSAGE/INFO TO ALL: ung “INVITATION”as explain by the gsis pension department – ang invitation ay kung paano pagpili sa dalawang bangko (union bank or land bank) n nais ng pensioner. tungkol sa pondo at kung kaylan makukuha ang pension ay walang binabanggit. ang tungkol naman kung bakit naputol ang pension ay dahil sa decision ng supreme court sa kaso ng herrera vs. npc. dapat malaman ng mga pensioner n lahat ng npc epira affected employee was separated by virtue of NPB resolution 124-125 which NPB resolution was declared by the supreme court void and illegal. ito ang totoong issue n pilit n tinatago sa mga meeting o pagpupulong sa pagitan ng NPC retirees, gsis at npc.

manuel lim September 9, 2011 at 9:19 pm

MESSAGE TO ALL: PLEASE READ ( I copied this from the website of supreme court)

Benchmark Online September 2008

Sacked Napocor Employees Entitled to Separation Pay, Backwages
By Arcie M. Sercado

National Power Corporation (NPC) employees, who were illegally terminated to give way to the re-organization of the corporation in 2002, are entitled to separation pay, backwages, wage adjustments, and other benefits accruing from January 31, 2003 to the date of payment under a validly approved Separation Program.

Thus the Supreme Court ruled in a 24-page resolution penned by Justice Minita V. Chico-Nazario when it partially granted the Motion for Clarification of petitioners NPC Drivers and Mechanics Association (NPC DAMA), NPC Employees and Workers Union (NEWU) Northern Luzon Regional Center, and affected employees of NPC of the Court’s September 26, 2006 decision. The Court previously held that the two resolutions, which provided for the termination and separation program of the employees, were null and of no legal effect.

The Court said that as a logical and necessary consequence of its earlier decision, the terminated employees have the right to such benefits as it is already impossible for them to be reinstated.

The Court also stressed that the injunction granted in its previous decision on the two resolutions did not preclude the re-organization of the NPC. “To validly implement the re-organization of NPC, the National Power Board is not precluded by our decision of September 26, 2006 from passing another resolution, in accord with law and jurisprudence, approving a new separation program for its employees,” the Court explained.

The separation benefits that the petitioners received under the nullified resolutions will be taken into account and offset against the amount they will be entitled to receive after proceedings in the proper forum, the Court said. (GR No. 156208, NPC DAMA vs. NPC, September 17, 2008)

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PKK September 9, 2011 at 9:28 pm

ibig sabihin, pinutol ng GSIS ang pag bibigay ng pension sa mga EPIRA retirees dahil sa Supreme court decision na null and void ang 2003 reorg ng NAPOCOR… ganon ba yon sir?

manuel lim September 9, 2011 at 10:04 pm

@PKK. Hindi. na mis-interpret nyo po un decision ng supreme court, hindi un ang dahilan ng pagputol ng pension ng mga pensioners…ang dahilan ay ang Herrera vs. Npc case un ang pinagbasihan ng gsis para i cut off ang pension nating mga pensioners.pag nakatanggap n ng separation benefits hindi n pwedi makatanggap ng pension ayon s gsis. subalit kung babalikan tanaw, ang pagka tanggal s atin ay by virtue ng NPB resolution 124-125. in which case in DAMA vs NPC case , it was declared by the supreme court that NPB resolution 124-125 was null and void.

it was further stated in said court decision that “The separation benefits that the petitioners received under the nullified resolutions will be taken into account and offset against the amount they will be entitled to receive after proceedings in the proper forum.”

so,based on this court decision, what separation benefit should be speak of..the move of the gsis in cutting off the pension is very unlikely.

Ito po ang issue na pilit n tinatago s tuwing may pagpupulong o meeting s pagitan ngf NPC-epira affected pensioners, gsis at ng NPC.

PKK September 10, 2011 at 1:08 am

Sir Manuel… ano ang connection nong DAMA case sa pag stop ng GSIS pension? Tnx

manuel lim September 10, 2011 at 3:26 am

ayon s gsis ang nakatanggap ng separation benefit ay hindi n pwedi tumanggap ng pension. balikan tanaw natin kung paano naseparate tayong lahat s NPC hindi ba by virtue ng NPB Resolution 124-125. itong NPB Resolution 124-125 s ilalim ng kaso ng DAMA vs NPC case, the supreme Court held that the two NPB resolutions, which provided for the termination and separation program of the employees, were null and of no legal effect.

the supreme court further explain that “The separation benefits that the petitioners received under the nullified resolutions will be taken into account and offset against the amount they will be entitled to receive after proceedings in the proper forum.”

so, the separation benefit which we have previously received from NPC under the two nullified resolutions will be taken into account and offset against the amount which we will receive from NPC after proceedings in the proper forum.

according to gsis , ang nakatanggap ng separation benefit ay hindi n pwedi tumanggap ng pension …so the leverage now is the separation benefit….which under the DAMA vs NPC case this separation benefit which we have previously received from NPC will be offset against the amount that we are entitled to receive from NPC.

So, ano ngayon ang pag uusapan n separation benefit kung ang utos ng supreme court ay ibabawas ang separation benefit n ating natanggap noon sa kabuuang halaga na matatanggap ng retiree/pensioners mula sa NPC.

kung ang natanggap noon n separation benefit ay kukunin pabalik sa NPC , ang claim ngayon ng
GSIS “N ANG TUMANGGAP NG SEP[ARATION BENEFIT AY HINDI NA PWEDI TUMANGGAP NG PENSION AY DEPEKTIBO AT WALANG SAYSAY….ito ang relasyon ng DAMA vs NPC case s pagputol ng GSIS ng ating pension.

manuel lim September 10, 2011 at 3:43 am

(*continuation….) ang issue n ito ay pilit n tinatago tuwing may pagpupulong s pagitan ng GSIS, NPC at retiree/pensioners…

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