Guidelines on Appeals and Motions for Reconsideration

December 14, 2012

GSIS RESOLUTION NO. 188-12

WHEREAS, Section 30 of RA No. 8291 provides that the GSIS Board of Trustees is given quasi-judicial functions to settle any dispute arising under RA No. 8291 and any other laws administered by the GSIS; DACTSH

WHEREAS, under Rule V, Section 44.5 of the Revised Implementing Rules and Regulations (IRR) of RA No. 8291, appeal from the decision of the GSIS Committee on Claims (CoC), concerning a dispute on the settlement of claims, shall be filed with the Board within sixty (60) days from receipt of the CoC's decision;

WHEREAS, the period for filing a motion for reconsideration of the decision of the Board is fifteen (15) days from notice thereof, as provided under Rule 37, Section 1 of the Rules of Court, which has a suppletory application pursuant to Rule V, Section 32 of the Revised IRR of RA No. 8291;

WHEREAS, the decision of the Board to dismiss an appeal or a motion for reconsideration for being filed beyond the reglementary period can be issued as a Minute Resolution signed by the Corporate Secretary, following a standard format, for prompt and quick dispatch;

RESOLVED, to APPROVE and CONFIRM the Guidelines on Appeals and Motions for Reconsideration, as submitted by the Corporate Secretary.

A copy of the above-mentioned procedural guidelines is made an integral part of this Resolution.

December 14, 2012. Board Meeting No. 23.

GSIS POLICY AND PROCEDURAL GUIDELINES NO. 222-13

 

RULE 1

Rationale

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 of the Revised Implementing Rules and Regulations (IRR) of Republic Act No. 8291, to handle appeals from the decision of the Committee on Claims (CoC).

RULE 2

Objective

SECTION 1. To ensure the proper and uniform disposition of appeals from the resolution of the CoC filed before the Board, and motions for reconsideration from the decision 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 Section 27, Rule V of the IRR.

RULE 3

Policies

SECTION 1. Scope. — This Rule shall apply to appeals to the Board from resolutions of the CoC involving any of the complaints under Rule V, Section 26 of the IRR, and to motions for reconsideration filed before the Board seeking to review its own decision pursuant to Rule V, Section 32 of the IRR 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. How Appeal is Taken. — An aggrieved party may appeal the CoC resolution by filing a Petition with the OCS, and by furnishing copies thereof to the CoC.

SECTION 4. When Appeal is Filed. — The Petition shall be filed not later than sixty (60) calendar days from notice of the resolution of the CoC.

a. An extension of time to file the petition shall be filed before the expiration of the sixty-day period. If a timely motion for extension is filed, it may be granted but in no case exceeding thirty (30) calendar days. CAaEDH

b. The thirty-day extension for filing a petition starts after the sixty-day period for filing an appeal.

c. If no petition or motion for extension of time to file a petition is filed, then the sixty-day period to appeal the CoC Decision is considered lapsed.

SECTION 5. How Motion for Reconsideration is Taken. — An aggrieved party may seek reconsideration of the Board decision by filing a motion for reconsideration with the OCS, and by furnishing a copy thereof to the CoC. Such motion for reconsideration shall be filed not later than fifteen (15) calendar days from the receipt of the decision of the Board.

SECTION 6. Date of Filing of Petition or Motion for Reconsideration. —

a. If filing is done personally, the date of filing shall be the actual date of receipt of the petition or motion 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. Or,

d. If filing is done through private courier service, the date received as appearing on the shipping terms and conditions.

SECTION 7. Procedural Requirements in Perfecting the Appeal or Reconsideration. — Upon receipt of the petition or motion for reconsideration, the OCS shall accomplish a checklist (Annex A) indicating the following procedural information, among others:

a. For Appeal: payment of docket fee, proper verification, date of CoC Decision, date when the petitioner received the CoC Decision, the expiration of the period to file petition, and the mode of filing the petition.

b. For Reconsideration: date of the Board Decision, date when the petitioner received the Board Decision, the expiration of the period to file motion for reconsideration, and the mode of filing the motion for reconsideration.

SECTION 8. Amendments in General. — The petition or motion for reconsideration may be amended within the period to file an appeal or motion for reconsideration.

SECTION 9. Timeliness of the Appeal or Reconsideration. — The timeliness of the appeal or reconsideration must be established by the petitioner himself by stating in his petition or motion, at the very least, the date when he received the assailed CoC Decision or the Board Decision, as the case may be. If on the face of the document, it is apparent that the petition or motion for reconsideration is filed beyond the reglementary period, the Clerk of GSIS shall submit a report to the Chair of the Legal Oversight Committee (LOC) recommending the dismissal of the case or denial of the motion for reconsideration. aEHIDT

SECTION 10. Petition or Motion for Reconsideration Filed Beyond the Reglementary Period. — The LOC Chair shall assess the record of the case and if it is apparent that the petition or motion for reconsideration is indeed filed beyond the reglementary period, the LOC Chair shall endorse the case 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 Clerk of GSIS to issue a Minute Resolution (Annex "B") dismissing the appeal or denying the motion for reconsideration (Annex "C") of the petitioner.

SECTION 12. 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.

 

(SGD.) ROBERT G. VERGARAPresident and General Manager

ANNEX A

 

Government Service Insurance System

 

OFFICE OF THE CORPORATE SECRETARY

 

Docket No. ________________________

 

I. APPEAL

Committee on Claims (CoC)

• CoC Case Title ___________________________________________

• CoC Case No. ____________________________________________

Petition to the GSIS Board of Trustees

• Petitioner/s ______________________________________________

• Is the Appeal/Petition verified by the proper party?

___ Yes

___ No

If No, state the reason: ____________________________________

Timeliness of Petition

• Date of CoC Decision ____________________________________

• Date of Petitioner's Receipt of CoC Decision __________________

• Mode of filing the Petition:

___ Personal

___ Registered Mail

___ Others: ____________________________________________

• Date of filing the Petition _________________________________

• Is the Petition filed on time?

___ Yes

___ No

If No, Reason: _________________________________________

Other Remarks ____________________________________________________

Recommendation

___ Dismissal (Minute Resolution)

___ Hearing and Disposition

II. MOTION FOR RECONSIDERATION

Timeliness of the Motion for Reconsideration

• Date of Decision of the GSIS Board of Trustees ______________

• Date of Petitioner's Receipt of Decision

• Mode of filing the Motion for Reconsideration:

___ Personal

___ Registered Mail

___ Others: __________________________________________

• Date of filing the Motion for Reconsideration _______________

• Is the Motion for Reconsideration filed on time?

___ Yes

___ No

If No, Reason: _______________________________________

Other Remarks ___________________________________________________

Recommendation

___ Denial (Minute Resolution)

___ Resolution

Prepared By:	Noted By:
___________________________	Atty. Maria Theresa Abesamis-Raagas
___________________________	Corporate Secretary
Office of the Corporate Secretary

ANNEX B

 

Government Service Insurance System

 

NOTICE

 

Sirs/Mesdames:

 

Please take notice that the Board of Trustees issued Resolution No. ______ dated __________, which reads as follows:

"GSIS Case No. ________ (In the Matter of the Petition for ________________________________________________________, _______________________, petitioner).

On __________________ the Petitioner filed his Petition dated ______________________ assailing the Decision of the Committee on Claims dated ________________________ which denied his request for _________________________________.

Under Rule V (Adjudication of Claims and Disputes), Section 26.2 of the Revised Implementing Rules and Regulations of Republic Act No. 8291, the appeal on the Decision of the Committee on Claims shall be filed to the Board within 60 days from receipt of the Committee's Decision.  

Records show that Petitioner received the Committee's Decision on ___________ and hence had until ______________ within which to file the Petition appealing such Decision. However, the Petition was filed only on _________________, beyond the prescribed sixty (60)-day period for the filing of appeal. Consequently, the Petition was filed out of time.

WHEREFORE, the Petition dated _____________, having been filed out of time, is hereby DISMISSED."

Very truly yours,

 

ATTY. MA. THERESA A. RAAGAS

ANNEX C

Government Service Insurance System

 

NOTICE

 

Sirs/Mesdames:

 

Please take notice that the Board of Trustees issued Resolution No. ______ dated ____________________, which reads as follows:

"GSIS Case No. ________ (In the Matter of the Petition for ________________________________________________________, _______________________, petitioner). HSDCTA

On __________________ the Petitioner filed his Motion for Reconsideration dated _______________________ assailing the Decision of the GSIS Board of Trustees dated _____________________ which denied his request for _______________________________.

Under Section 5 of the Procedural Guidelines of Dismissal of Appeal or Motion for Reconsideration that is Filed Beyond the Reglementary Period approved on ______________, a party may file a Motion for Reconsideration not later than fifteen (15) calendar days from the receipt of the Decision of the GSIS Board of Trustees.

Records show that Petitioner received the Decision of the GSIS Board of Trustees on ______________ and hence had until ______________ within which to file the motion seeking reconsideration such Board Decision. However, the Motion for Reconsideration was filed only on __________________, beyond the prescribed fifteen (15)-day period for the filing of the motion. Consequently, the Motion for Reconsideration was filed out of time.

WHEREFORE, the petitioner's Motion for Reconsideration dated _____________________, having been filed out of time, is hereby DENIED."

Very truly yours,

 

ATTY. MA. THERESA A. RAAGAS