This case has been cited 4 times or more.
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2004-11-10 |
YNARES-SATIAGO, J. |
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| On August 7, 2002, the respondents in the second petition, all GSIS retirees, filed a motion for amendatory and clarificatory judgment ("amendatory motion").[1] They averred that we did not categorically resolve the issue raised in the second petition, namely: whether or not the GSIS may lawfully deduct any amount from their retirement benefits in light of Section 39 of Republic Act No. 8291. | |||||
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2004-11-10 |
YNARES-SATIAGO, J. |
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| While the GSIS cannot directly proceed against respondents' retirement benefits, it can nonetheless seek restoration of the amounts by means of a proper court action for its recovery. Respondents themselves submit that this should be the case,[34] although any judgment rendered therein cannot be enforced against retirement benefits due to the exemption provided in Section 39 of RA 8291. However, there is no prohibition against enforcing a final monetary judgment against respondents' other assets and properties. This is only fair and consistent with basic principles of due process. | |||||
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2002-04-16 |
YNARES-SANTIAGO, J. |
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| A.) RESPONDENT COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION IN HOLDING THAT THE POWER SPECIFICALLY GRANTED BY PRESIDENTIAL DECREE NO. 1146, AS AMENDED, TO THE GSIS BOARD OF TRUSTEES, TO ESTABLISH AND FIX THE APPROPRIATE COMPENSATION PACKAGE FOR GSIS OFFICERS AND EMPLOYEES HAS ALREADY BEEN REPEALED BY REPUBLIC ACT NO. 6758. B.) RESPONDENT COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION IN DENYING PETITONER'S MOTION FOR RECONSIDERATION DESPITE THE DECLARATION BY THIS HONORABLE COURT IN THE CASE OF RODOLFO S. DE JESUS et al. vs. COMMISSION ON AUDIT and LEONARDO L. JAMORALIN, THAT CCC NO. 10 - THE MAIN BASIS OF THE QUESTIONED DISALLOWANCE - IS INVALID AND INEFFECTIVE FOR LACK OF THE REQUIRED PUBLICATION.[11] II. G.R. No. 141625 | |||||
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2002-04-16 |
YNARES-SANTIAGO, J. |
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| Meanwhile, the De Jesus case mentioned in G.R. No. 138381 was promulgated, rendering CCC No. 10 legally ineffective. This prompted the hearing officer to suggest that the parties enter into an agreement as to what allowances and benefits are covered by CCC No. 10, so that a partial decision can be rendered thereon. The retirees thus filed a motion for partial decision, submitting that there no longer existed any obstacle to the increase in allowances and benefits covered by CCC No. 10. These allegedly include: a) GSIS management's share in the Provident Fund; b) initial payment of the productivity bonus; c) acceleration implementation of the new salary schedule effective August 1, 1995; d) increase in clothing allowance, rice allowance, meal subsidy, children's allowance and longevity pay; e) loyalty award; f) 1995 mid-year financial assistance; and g) other allowances as may be suggested by the Vice-President of the GSIS Human Resources Group.[13] | |||||