Amendment to Memorandum Circular No. 04 (Guidelines on the Implementation of Republic Act 10868) and Memorandum Circular No. 11 Series of 2017 (Supplemental Guidelines on Memorandum Circular No. 04 Series of 2017)

March 16, 2018

DSWD MEMORANDUM CIRCULAR NO. 006-18

I. RATIONALE

The DSWD, being the primary government agency looking after the welfare and interest of the senior citizens, was designated by the Implementing Rules and Regulations of the Republic Act 10868 (the CENTENARIANS ACT OF 2016) to issue supplemental guidelines for its operationalization and implementation.

Further to the said mandate, the DSWD issued Memorandum Circular No. 04 series of 2017 (Guidelines on the Implementation of Republic Act 10868 "An Act Honoring and Granting Additional Benefits and Privileges to Filipino Centenarians, and for Other Purposes" also known as the "Centenarians Act of 2016") [MC 2017-004] and Memorandum Circular No. 11, series of 2017 (Supplemental Guidelines on Memorandum Circular 04 Series of 2017 Re: Implementation of Republic Act 10868 "An Act Honoring and Granting Additional Benefits and Privileges to Filipino Centenarians, and for Other Purposes" also known as the "Centenarians Act of 2016") [MC 2017-011]. AaCTcI

A series of consultations with the DSWD Field Offices revealed that operational issues were still being encountered such as issuance of large amount of cash advances to Special Disbursing Officers (SDOs), difficulties of target beneficiaries to comply with the required supporting documents, among others.

This supplemental guideline seeks to emphasize that, upon the effectivity of R.A. 10868 on 15 July 2016, all centenarians alive at the time have already acquired the vested right to receive the centenarian gift. It aims to clarify the procedure and requirements to effect the vested right of a deceased centenarian.

II. AMENDED PROVISIONS

Item VII.B.4 of MC 2017-004 is hereby amended to include the following provision:

4.4.1. The DSWD Field Offices shall award the centenarian gift to the living centenarians or to the nearest surviving relative, either through cash or check.

Item III.B of MC 2017-011 is hereby amended to read as follows:

1. The DSWD Field Offices shall release the centenarian's gift, together with the posthumous plaque of recognition, to the nearest surviving relative of the deceased centenarian. In case the deceased centenarian was, at the time of his/her death, already abandoned, neglected or unattached and he/she has no surviving relative, then no other person is qualified to receive his/her centenarian gift.

2. For verification/validation, the nearest surviving relative shall submit the following documents:

a. Birth certificate, baptismal or Confirmation records certified by the parish church or other religious denomination, marriage certificate, old school record, old employment record, and/or any other document that will prove the deceased centenarian's age eligibility at the time R.A. 10868 took effect, if any.

b. Death certificate of the deceased centenarian.

c. Copy of I.D. of the nearest surviving relative.

d. Certificate of Live Birth of the nearest surviving relative and other relevant documents that would establish the relationship to the deceased centenarian.

e. In case there are various nearest surviving relatives (e.g., children), a SPECIAL POWER OF ATTORNEY (Annex 1) authorizing one of them to receive the centenarian gift in behalf of all of them. The nearest surviving relative should also execute a WARRANTY AND RELEASE FROM LIABILITY FORM (Annex 2).

3. The DSWD Field Offices shall liquidate the funds fifteen (15) working days after the release of incentives with the following supporting documents:

a. Approved payroll with the name of the centenarian;

b. Payroll signed by the nearest surviving relative; and

c. Validated documents as specified in item 2.

4. If the living centenarian, who is under custodial care of a government or private social welfare institution, died before spending the entire centenarian gift, the balance shall be released as follows:

a. If the deceased centenarian has known nearest surviving relative, the release of the balance shall only be given to the nearest surviving relative upon submission of documents similar to that of claiming a centenarian gift for deceased centenarian.

b. If the deceased centenarian has no known nearest surviving relative, the government shall file an escheat proceeding to claim for the remaining balance of the centenarian gift.

All other provisions of MC 2017-004 and MC 2017-011 not affected by this amendment shall remain full force and effect. EcTCAD

March 16, 2018, Quezon City, Philippines.

(SGD.) EMMANUEL A. LEYCOOfficer-in-Charge

ANNEX 1

Special Power of Attorney

WE, the undersigned, all of legal age and with the indicated address, hereby state that we are the nearest living relative of _____________________________, a beneficiary of the Centenarian Act who died on _______________________, hereby APPOINT:

______________________________

as our true and legal representative to act for and in our name and stead and to receive the Centenarian Gift in the amount of Php100,000.00, and the Posthumous Plaque of Recognition for ____________________________ (name of deceased beneficiary); HEREBY GRANTING unto our representative full power and authority to execute and perform every act necessary to render effective the power granted to him/her, as though we ourselves, have so performed it, and HEREBY APPROVING ALL that he/she may do by virtue hereof with full right of substitution of his/her person and revocation of this instrument.

________________ (date) ___________________________ (place).

NAME	ADDRESS	SIGNATURE

ACKNOWLEDGEMENT

BEFORE ME, on the above date and place, personally appeared the following:

NAME	IDENTIFICATION DOCUMENT PRESENTED

Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me that the same is their free and voluntary act and deed.

Doc. No. _______;

NOTARY PUBLIC

ANNEX 2

Warranty and Release from Liability

I, the undersigned, of legal age, Filipino, hereby state:

1. I am the (nearest relative/duly authorized representative of nearest surviving living relatives) of the following beneficiary of the Centenarian Act being implemented by the Department of Social Welfare and Development (DSWD):

___________________________

2. Said beneficiary died on _____________________ (date).

3. I hereby release and agree to hold free from any responsibility and liability the DSWD, and its officers and employees, if any other person/s should appear and represent to be the nearest relative or duly authorized representative of the nearest surviving living relatives of said beneficiary.

___________________________________

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