Guidelines on the Release of Retirement Gratuity and Terminal Leave Benefits of Deceased Members, Officials and Employees of the Judiciary

July 1, 2008

SUPREME COURT ADMINISTRATIVE CIRCULAR NO. 66-08

GUIDELINES ON THE PROCEDURE FOR THE RELEASE OF RETIREMENT GRATUITY AND TERMINAL LEAVE BENEFITS OF DECEASED MEMBERS, OFFICIALS AND EMPLOYEES OF THE JUDICIARY

The following guidelines are hereby adopted for the release of retirement gratuity and terminal leave benefits of deceased members, officials and employees of the judiciary.

A. COVERAGE

These guidelines shall apply to all heirs, beneficiaries and claimants of the deceased members and officials of the judiciary and all other officials and employees thereof who are entitled to receive retirement gratuity benefits under Republic Act No. 910, as amended, and Republic Act No. 1616, respectively, and terminal leave benefits. CITcSH

B. PURPOSE

To establish the parameters that shall be uniformly observed and for expediency and proper procedure regarding the release of retirement gratuity and terminal leave benefits of deceased members, officials and employees of the judiciary.

C. REQUIREMENTS

For RETIREMENT GRATUITY BENEFITS

1. Duly accomplished application form for retirement accompanied by the following documents:

a. Complete Service Record including Service Record from other government offices, if any, duly certified by the official concerned and with proper notation of Leave of Absence with or without pay;

b. Updated Sworn Statement of Assets and Liabilities;

c. Copy of last appointment; and

d. Certification of regular monthly salary and other emoluments (for justices and other officials with judicial ranking);

2. General clearance to be issued by the Clerk of Court, Office of the Clerk of Court of the Supreme Court, Court of Appeals (CA), Sandiganbayan, Court of Tax Appeals (CTA), as the case maybe, or by the Office of the Court Administrator (OCA) for the lower courts, supported by the following clearances: LibLex

a. For all officials and employees, except members of the judiciary, clearance as to no pending administrative case from the concerned regional office of the Ombudsman;

b. Clearance issued by the Clerk of Court, Office of the Clerk of Court of the concerned lower court and duly noted by the Provincial/City/Municipal Treasurer as to no MONEY and PROPERTY accountabilities and as to no pending criminal and administrative case;

c. GSIS Clearance (Leave Division, OAS to issue request);

d. For stenographers, clearance from the concerned office of the respective courts as to no untranscribed stenographic notes;

3. The following records of the deceased duly certified by the National Statistics Office (NSO):

a. Birth certificate and, in the absence of a birth certificate, affidavit of two (2) disinterested persons attesting as to the date of birth and certificate of loss of records from the Local Civil Registrar (LCR); ECSHID

b. Marriage contract and, in case deceased is single, marriage contract of the parents. In case both parents are deceased, birth certificates of surviving legal heirs duly certified by the NSO are to be submitted; and

c. Death certificate;

4. Proofs of Surviving Legal Heirs duly notarized with supporting documents as may be required;

5. Certification to be issued by the Clerk of Court, RTC, which has jurisdiction over the last residence of the deceased at the time of death, as to no Testate or Intestate proceedings on the estate of the deceased;

6. Special power of attorney of the recipient of the benefits authorizing the claimant/s to receive the benefits, if applicable; and

7. Such other documents as may be required. 2008laws3rdrel

For TERMINAL LEAVE BENEFITS

1. Duly accomplished/approved application for terminal leave with required supporting documents; and

2. All requirements for Retirement Gratuity Benefits. aTEHIC

D. PROCEDURES

1. Claimants shall inform the respective Retirement and Welfare Division, OAS of the death of the Court official/employee and shall secure the forms therefrom.

2. Claimants shall file their claims with the respective Retirement and Welfare Division, OAS for the retirement gratuity and terminal leave benefits, if any.

3. The offices concerned shall process the claims for completeness and sufficiency of the requirements and shall refer the same to the Court for approval. Upon approval, a disbursement voucher shall be prepared by the Finance/Accounting/Cashier Division of the respective offices. EaICAD

4. The Budget Division of the Fiscal Management and Budget Office shall request the Department of Budget and Management for the release of a Special Allotment Release Order (SARO) with corresponding Notice of Cash Allocation (NCA).

5. Upon receipt of the SARO, the voucher shall be prepared and processed and the corresponding check payable to the claimants/heirs shall be issued.

6. Upon presentation of two (2) valid IDs, the check shall be released to the claimants. CADSHI

7. In case claimants cannot personally claim the check, a special power of attorney duly notarized by a notary public commissioned in accordance with A.M. No. 02-8-13-SC promulgated on July 6, 2004 shall be presented by the authorized representative.

E. DISTRIBUTION OF BENEFITS OF NET PROCEEDS

1. Deceased is married:

1.1. If legitimate family shall claim, the following distribution shall be observed, after deducting all debts, charges and obligations:

Retirement Gratuity Benefits:

a. 1/2 for the surviving spouse;

b. 1/2 for the children and surviving spouse.

 Terminal Leave Benefits shall be divided equally among the surviving spouse and the children in accordance with resolution of the Court dated October 18, 1990 in A.M. No. 90-6-015-SC Re: Request of Atty. Bernardo Zialcita. CDTSEI

1.2 If other than legitimate family shall claim, the matter may be referred to the Office of Chief Attorney, Supreme Court, for Members of the Supreme Court, its officials and employees, or to concerned offices of CA, Sandiganbayan, CTA or OCA for the lower courts for study and recommendation to be submitted to the Court for approval, as the case maybe.

2. Deceased is single:

2.1 If deceased is survived by both legitimate parents, the benefits shall be divided between them equally. If one of the parents should have died, the whole amount shall be given to the survivor.

2.2 The pertinent provisions of the New Civil Code of the Philippines, as amended, and other jurisprudence on succession shall apply in case the above provisions are not applicable.

F. OTHER APPLICABLE RULES

All existing rules and regulations shall be applied to these guidelines. TcDHSI

G. EFFECTIVITY:

These guidelines shall take effect immediately.

Issued this 1st day of July, 2008.

(SGD.) REYNATO S. PUNOChief Justice