By Chito Chavez
The National Police Commission (Napolcom) announced Tuesday that the payment of the Philippine National Police (PNP) Welfare Benefits claims will be temporarily suspended as directed by the Department of Budget and Management (DBM).
National Police Commission (MANILA BULLETIN)
In a letter sent to the Department of Interior and Local Government (DILG) Secretary Eduardo M. Año, the DBM said this is to ensure that no payment of double compensation in the form of death and disability benefits are given to the members of the PNP.
Napolcom explained the temporary suspension will be in effect as it awaits the resolution of its reply and comment submitted to the DBM and the Commission on Audit (COA).
“The National Police Commission will exhaust all possible solutions to ensure the continuous grant of welfare benefits to the members of the Philippine National Police (PNP) and their beneficiaries,” NAPOLCOM said.
Napolcom Vice-Chairman and Executive Officer Atty. Rogelio T. Casurao said the Commission has submitted a reply to the DBM citing the legal bases for the separate payment of police benefits under the Napolcom-administered PNP Welfare Benefits Program and under the PNP Retirement Benefits Program and explaining why said payments do not constitute double compensation.
As of January 2020, Casurao noted the DBM temporarily suspended the payment by the Napolcom of pension, gratuity pay and other death and disability benefits to PNP retirees and beneficiaries.
Relatedly, the COA issued an Audit Observation Memorandum (AOM), dated January 14, 2020, with the findings that the payment of the same police benefits by the Napolcom and the PNP constitutes double compensation and recommended for the immediate stoppage of payment of all PNP welfare benefits in the central office and all regional offices of Napolcom citing that all payments made after the receipt of said AOM will be disallowed in audit.
It should be noted that before the 2020 AOM, Casurao said COA issued an AOM on April 24, 2019 on the issue of double compensation regarding the payment of pension by the Napolcom to PNP retirees, who retired under the Total Permanent Physical Disability (TPPD) Benefits program of the Commission, who are also receiving pension from the PNP.
Casurao said Napolcom submitted its comment to the AOM citing the legality of giving PNP Welfare Benefits.
In spite of the 2019 COA report, the Napolcom continued the processing and payment of said benefits.
“Both the DBM letter and COA report claimed that the payment of separate police benefits by the NAPOLCOM, under the PNP Welfare Benefits Program, and the PNP, under the PNP Retirement Benefits Program, constitutes double compensation which is prohibited by Section 8, Article IX-B of the 1987 Constitution,” Casurao said.
The directive of the DBM and the findings of the COA arose from the fact that both the NAPOLCOM and the PNP provide similar police benefits to PNP retirees and beneficiaries.
However, Casurao maintained the said benefits are distinct and separate from each other. Under the NAPOLCOM-administered PNP Welfare Benefits Program, the Commission grants the payment of gratuity pay and monthly pension to PNP retirees who were permanently incapacitated while in the performance of duty (TPPD Benefits) and to the beneficiaries of PNP members who died in line of duty (Death Benefits).
“The PNP does not give Death and TPPD Benefits, but only grants Sickness Benefits. Aside from the gratuity pay and pension, only the NAPOLCOM grants burial pay to PNP beneficiaries,’’ NAPOLCOM explained.
On the other hand, under the PNP Retirement Benefits program, Casurao clarified all police retirees receive gratuity pay or pension depending on the length of service and whether their retirement is due to compulsory or optional retirement, disability or death.
The NAPOLCOM has been administering the death and disability benefits for the uniformed members of the police since the enactment on September 8, 1966 of RA 4864 (Police Act of 1966) which mandated the creation of the NAPOLCOM.
Casurao noted the law explicitly provides that all compensation granted therein are not subject to attachment, levy, execution or any tax whatsoever, and that claims under said Act shall not prescribe.
On the other hand, the PNP started to administer separate police benefits on February 26, 1992 pursuant to RA 6975, which mandated the creation of a Board of Officers that formulated Board Resolution No. 8 entitled “Resolution
Establishing a Retirement and Separation Benefit System for the Uniformed Personnel of the Philippine National Police.” Notably, Section 16 of the said Board Resolution directed the continued grant of death and disability benefits to police officers by the NAPOLCOM.
The NAPOLCOM already took immediate action to address the current situation by submitting its reply to the DBM and comment to the COA. In said reply and comment, the Commission asserted that the Death and TPPD Benefits being given by the NAPOLCOM to PNP members and their beneficiaries are legal and do not constitute double compensation citing paragraph 2 of Section 8, Article IX-B of the 1987 Constitution which provides that “Pensions or gratuities shall not be considered as additional, double, or indirect compensation.”
Additionally, Casurao said the Commission argued that Section 76 of RA 6975 explicitly provides that a uniformed personnel and/or his heirs shall be entitled to all benefits relative to the death or permanent incapacity of said personnel, as provided for under this Act and/or other existing laws; thus, recognizing the continued entitlement of PNP members and their beneficiaries to the benefits provided for under PD 1184.
The Commission also pointed out that while Congress amended Section 73 of RA 6975, the Legislators did not remove the authority of the NAPOLCOM to continue the grant of benefits to death beneficiaries and TPPD retirees.
“Nowhere in RA 6975 and RA 8551 is there any provision repealing Section 41 of PD 1184,’’ Casurao noted.
“We assure our police pensioners and PNP beneficiaries that the NAPOLCOM will exhaust all possible options and legal means to ensure that the Commission can continuously grant well-deserved benefits for the welfare and interest of our police officers who risk and sacrifice their lives to protect the people and the country,” he concluded.