Amended Guidelines on Appeals and Motions for Reconsideration

December 15, 2015

GSIS POLICY AND PROCEDURAL GUIDELINES NO. 300-15

 

RULE 1

Rationale/Background

The GSIS Board of Trustees (Board), under Section 30 of Republic Act No. 8291 (RA No. 8291), is given quasi-judicial authority to settle disputes arising under the GSIS Charter and other laws administered by the System.

As part of this function, the Board has the power, under Rule V, Section 26.2 of the Revised Implementing Rules and Regulations (RIRR) of RA 8291, to exercise appellate authority over Decisions/Resolutions of the Committee on Claims (CoC), which is mandated to evaluate and resolve all issues and complaints arising from any dispute in the settlement of claims and matters considered under Rule VII, Section 10 of the CoC Rules of Procedure.

Pursuant to Section 51.1, Rule VII of the RIRR of RA 8291, the Board shall have the power and function to formulate the policies, guidelines and programs to effectively carry out the purposes of RA 8291. In accordance therewith, the Board issued Board Resolution (BR) No. 188 on 14 December 2012 and therein approved Policy and Procedural Guidelines No. 222-13 (Guidelines on Appeals and Motions for Reconsideration).

The said guidelines streamlined the actual use of this quasi-judicial power in the disposition of cases filed before the Board. However, the Board, through the Legal Oversight Committee (LOC) and the Office of the Corporate Secretary (OCS), continued to encounter some procedural difficulties in the administration of cases.

In view of the foregoing, this PPG is being issued to make the existing policies more dynamic and responsive to the need for effective management of appeals and motions for reconsideration. HTcADC

RULE 2

Objectives

SECTION 1. To ensure the proper and uniform disposition of: (a) appeals of Decisions/Resolutions of the CoC; and (b) motions for reconsideration of Decisions of the Board.

SECTION 2. To provide appropriate procedures in the resolution of appeals and/or motions for reconsideration filed beyond the reglementary period supplementing Sections 26 and 27, Rule V of the RIRR.

SECTION 3. To clarify that no Petition shall be docketed without first being evaluated and resolved by the COC, in line with Section 26, Rule V of the RIRR.

RULE 3

Policies

SECTION 1. Scope. — This Rule shall apply to appeals to the Board from Decisions/Resolutions of the CoC involving any of the complaints under Rule V, Section 26 of the RIRR, and to motions for reconsideration filed before the Board seeking to review its own decision pursuant to Rule V, Section 32 of the RIRR in relation to Rule 37, Section 1 of the Revised Rules of Court of the Philippines.

SECTION 2. Where to File. — An appeal or motion for reconsideration shall be filed with the Office of the Corporate Secretary (OCS) within the period and manner herein provided.

SECTION 3. Procedural Requirements in Filing an Appeal or Reconsideration. — Upon receipt of the CoC Decision/Resolution or Board Decision, a Petitioner who intends to file an appeal or motion for reconsideration, as the case may be, must comply with the following procedural requirements:

a. For APPEAL:

1. File a Petition, which must be typewritten or in printed form, essentially containing:

i. The full name, address, and legal capacity of the petitioner;

ii. The full name and address of the respondent;

iii. The date when the petitioner received the CoC Decision/Resolution to establish the timeliness of the appeal;

iv. A clear and concise statement of the cause or causes of action; and

v. The relief sought.

2. The Petition must be properly verified. For purposes of this PPG, a 'verified Petition' is defined as a Petition that is accompanied with an attached 'verification' or a notarized affidavit which states that the Petitioner has fully read the Petition and that the allegations therein are true and correct based on his/her personal knowledge or on authentic records.

3. The Petitioner shall serve the respondent or opposing party, CoC, with a copy of the Petition and its supporting documents with proof of service thereof.

4. The Petitioner must pay filing fees in the amount of Two Hundred Pesos (Php200.00) payable to the GSIS.

b. For MOTION FOR RECONSIDERATION:

1. File a Motion for Reconsideration, which must be typewritten or in printed form, containing at least:

i. the date of the Board Decision; and

ii. the date when the petitioner received the Board Decision.

Upon receipt of the appeal or motion for reconsideration, the OCS shall accomplish a checklist (Annex "A") indicating the compliance of the Petitioner with the procedural requirements listed above.

SECTION 4. Modes and Date of Filing of an Appeal. — An appeal may be filed only in the manner stated below and its date of receipt shall be reckoned as follows:

a. If filing is done personally, the date of filing shall be the actual date of receipt of the appeal by the OCS.

b. If filing is done by registered mail, the date of filing shall be the date of mailing as evidenced by the registry receipt.

c. If filing is done through ordinary mail, the date of filing shall be the date stamped on the envelope when the mail was received by the Philippine Post Office.

d. If filing is done through private courier service, the date of filing shall be the actual date of receipt of the appeal by the OCS.

SECTION 5. Period to Appeal. — A Petitioner may appeal the CoC Decision/Resolution by filing a verified Petition with the OCS and furnishing copies thereof to the CoC within sixty (60) calendar days from receipt of the Decision/Resolution of the CoC. aScITE

a. If the Petitioner appealed the Decision/Resolution of the CoC within the sixty (60)-day period and complied with the procedural requirements, the OCS shall docket the case, forward the Petition to the Legal Services Group (LSG) for hearing and disposition and send an Acknowledgment-Letter to the petitioner. (Annex "B")

b. If the Petitioner appealed the Decision/Resolution of the CoC within the sixty (60)-day period but failed to comply with the procedural requirements including the payment of docket fees, the OCS shall docket the case and send a letter (Annex "C") to the Petitioner directing him/her to comply with the requisites in perfecting his/her appeal to the Board of Trustees within the remaining period to appeal or within a period of ten (10) days, whichever is longer, from receipt of the OCS letter requiring him/her to comply with the procedural requirements. However, if the Petitioner foresees that he/she will be unable to complete the procedural requirements within the period given, he/she is allowed to file a motion for extension to comply therewith but only within the period allowed under Section 6, Rule 3 of this PPG.

b.1. If the Petitioner complies with the procedural requirements within the remaining period to appeal or within the additional period given, the OCS shall forward the Petition to the LSG for hearing and disposition and send an Acknowledgement-Letter to the petitioner.

b.2. If the Petitioner fails to comply with the procedural requirements within the period given to file an appeal or within the extended period, the OCS shall submit a report to the LOC Chair stating therein that the procedural requirements are not complied with, recommending whether or not to dismiss the case, and attaching the Petition filed by the Petitioner for consideration.

b.3. If the Petitioner files his/her appeal before a GSIS branch office within the sixty (60)-day period, such Petition shall be deemed filed with the OCS in accordance with Sections 2 and 4 of this PPG. The manager of the branch office, or any person designated by the branch, shall, within twenty-four (24) hours from receipt thereof, transmit, through electronic mail (e-mail), a scanned copy of the Petition, its annexes, and proof of payment, if any, to the Corporate Secretary, or any person designated by the OCS. The original copies of the Petition, its annexes, and proof of payment, if any, shall be sent to the OCS through fastest means available. If the appeal filed fails to comply with the procedural requirements including the payment of docket fees, the OCS shall send a letter to the Petitioner directing him/her to comply with the requisites in perfecting his/her appeal to the Board of Trustees within the remaining period to appeal or within a period of ten (10) days, whichever is longer, from receipt of the OCS letter requiring him/her to comply with the procedural requirements. However, if the Petitioner foresees that he/she will be unable to complete the procedural requirements within the period given, he/she is allowed to file a motion for extension to comply therewith but only within the period allowed under Section 6, Rule 3 of this PPG. In all cases, the OCS shall docket the case, which shall be considered filed on the date when the appeal was duly received by the branch office.

c. If the Petitioner appealed the Decision/Resolution of the CoC beyond the sixty (60)-day period regardless of whether or not he/she complied with the procedural requirements including the payment of docket fees, and no motion for extension has been filed before the end of the sixty (60)-day period, the OCS shall docket the case and submit a report to the LOC Chair stating therein that the case was filed out of time, recommending whether or not to dismiss the case, and attaching the Petition filed by the Petitioner for consideration.

SECTION 6. When Motion for Extension of Time to File an Appeal is Filed. — A written request for extension of time to file the petition may be filed with the OCS personally, through registered mail, ordinary mail, private courier service, or through e-mail, only before the expiration of the sixty (60)-day period to file an appeal. HEITAD

a. If a timely motion for extension is filed, it shall be granted but in no case shall it exceed thirty (30) calendar days. 

b. The thirty (30)-day extension for filing a petition starts at the end of the sixty (60)-day period for filing an appeal.

c. Once the thirty (30)-day extension is granted, no further extension shall be allowed.

SECTION 7. How a Motion for Reconsideration is Taken. — A Petitioner may seek reconsideration of the Board Decision by filing a motion for reconsideration with the OCS personally or through registered mail, ordinary mail, private courier service, or via e-mail if agreed upon by the parties under Section 12 hereof, within a non-extendible period of fifteen (15) calendar days from receipt of the Decision of the Board.

SECTION 8. Timeliness of the Appeal or Reconsideration. — The timeliness of the appeal or reconsideration must be established by the petitioner by stating in the petition or motion, at the very least, the date when the assailed CoC Decision/Resolution or the Board Decision, as the case may be, was received. Failure to do so shall be a ground for dismissal of the case.

SECTION 9. Action Over Petition or Motion for Reconsideration that is not Compliant with the Procedural Requirements. — If on the face of the document, it is apparent that the petition or motion for reconsideration fails to comply with the procedural requirements enumerated under Section 3 of this PPG, the OCS shall submit a report to the LOC Chair stating therein that the procedural requirements are not complied with and recommending whether or not to dismiss the case. Upon receipt of the OCS report pursuant to Section 5 (b.2), the LOC Chair shall assess the record of the case and if it appears that the petition or motion for reconsideration indeed fails to comply with the procedural requirements enumerated under Section 3 of this PPG, the LOC Chair shall endorse the case to the Board, recommending its immediate dismissal or denial for failure to comply with the procedural requirements.

SECTION 10. Action Over Petition or Motion for Reconsideration Filed Beyond the Reglementary Period. — If on the face of the document, it is apparent that the petition or motion for reconsideration is filed beyond the reglementary period, the OCS shall submit a report to the LOC Chair stating therein that the petition or motion for reconsideration was filed out of time and recommending whether or not to dismiss the case. Upon receipt of the OCS report pursuant to Section 5 (c), the LOC Chair shall assess the record of the case and if the petition or motion for reconsideration is indeed filed beyond the reglementary period, the LOC Chair shall endorse the case to the LOC or to the Board, recommending its immediate dismissal or denial for being filed out of time.

SECTION 11. Board Approval of the LOC Recommendation. — Upon approval of the LOC recommendation, the Board shall direct the OCS to issue a Minute Resolution (Annex "D") dismissing the appeal or denying the motion for reconsideration (Annex "E") of the petitioner.

SECTION 12. Electronic Filing (E-filing). — Filing done through electronic mail (e-mail) or facsimile shall be allowed for motions (including motions for reconsideration), manifestations, letters, or any other non-initiatory pleading, only if such mode of filing and service is agreed upon by the parties to the case. Under this section, the date of filing shall be the actual date of receipt of the electronic document; Provided, however, that the person filing the pleading is still required to file/send a hard copy of the electronic document within forty-eight (48) hours from e-filing the document, in accordance with paragraphs (a) to (d) of Section 4.

SECTION 13. Computation of Time. — In computing any period of time prescribed or allowed in this PPG or by any Directive or Resolution of the Board of Trustees, the first day of the period shall be excluded, and the last day included. If the last day of the period falls on a Saturday, a Sunday, or a legal holiday, the last day shall be the next working day.

SECTION 14. Effectivity Clause. — This PPG shall take effect after fifteen (15) days from the date of its publication in the Official Gazette or in a newspaper of general circulation.

SECTION 15. Repealing Clause. — This PPG effectively supersedes PPG No. 222-13. All other existing Board Resolutions, Orders, Circulars, Policies and Procedural Guidelines which are inconsistent herewith are hereby deemed amended or modified accordingly. ATICcS

(SGD.) ROBERT G. VERGARAPresident and General Manager