Prescribing Guidelines on the Implementation of R.A. No. 10084

June 28, 2013

COA CIRCULAR NO. 005-13

 

In consonance with the rule making function of this Commission under Section 2 (2), Article IX-D of the 1987 Constitution, the following guidelines are hereby prescribed to ensure a uniform and efficient implementation of RA No. 10084:

1. In case of death of a retired Chairperson or Commissioner of the Commission on Audit (COA), the Civil Service Commission (CSC) and the Commission on Elections (COMELEC), or the Ombudsman or Deputy Ombudsman of the Office of the Ombudsman (OMB), the surviving legitimate spouse of said deceased retiree who wishes to avail himself/herself of the monetary benefits provided under RA No. 10084 shall send to the incumbent Heads of the COA, the CSC, the COMELEC, or the OMB, as the case may be, a sworn written notification of such demise.

2. As such, he/she shall formally claim payment for the benefits provided under RA No. 10084.

3. The surviving spouse shall state in the sworn written Notice of Death the following:

a. The fact of death of the retiree and at the time of such death, the claimant, being lawfully married to the deceased retiree, is the surviving legitimate spouse of the latter;

b. The claimant has no knowledge of any court order decreeing the annulment, nullity or legal separation of the marriage of the claimant with the deceased retiree; CAcEaS

c. The claimant is not receiving benefits under existing retirement laws in whatever capacity. If the claimant is already receiving benefits under other retirement laws, he/she shall specify the said retirement law and disclose the amount of the benefits he/she is receiving thereunder to determine the benefits due him/her per Item 11 of these guidelines;

d. That if the claimant is granted the survivorship benefits, he/she undertakes to notify immediately the COA, CSC, COMELEC or OMB, as the case may be, in the event of any of the following: (i) the claimant subsequently receives benefits under other retirement laws; (ii) the claimant subsequently remarries (or entered into a common-law relationship); and (iii) other important information.

4. A sworn written Notice of Death shall be supported by the authenticated copies of the following documents:

a. National Statistics Office (NSO) authenticated Death Certificate;

b. NSO authenticated Marriage Contract/Certificate of Marriage as proof of subsisting lawful marriage between the surviving spouse and the deceased retiree; and

c. Valid and subsisting government issued identification card of the surviving legitimate spouse, or any authenticated equivalent thereof, to prove his/her true identity.

5. Upon receipt of the sworn written Notice of Death, together with supporting documents, the incumbent Chairperson of the COA, the CSC, the COMELEC, or the OMB, as the case may be, shall forthwith undertake without any unnecessary delay an examination and verification of said Notice of Death and the supporting documents attached thereto in order to ascertain the authenticity of its documentation. If necessary, the surviving spouse may be invited to appear in person for an interview. HaEcAC

6. If the surviving spouse is incapable of personally complying with the requirements, does not have the financial means to travel, or cannot read and/or write nor understand the requirements, a Legal Officer will conduct a personal visit and submit a report containing his recommendations on the matter. The report shall be the basis for approving or denying the claim for survivorship benefit.

7. If the Legal Department Head concerned finds factual and legal bases for the claim of the surviving spouse under RA No. 10084, the said findings shall be transmitted forthwith to the Chairperson of the COA, the CSC, the COMELEC, or the OMB, as the case may be, who shall thereupon direct the Finance Officer concerned to provide expeditiously the funding and promptly notify the surviving spouse on the matter.

8. The Finance Officer concerned shall automatically set aside and make available the allocated amount out of the appropriation released under existing retirement laws pursuant to Section 2 of RA No. 10084 for the retirement benefits of the deceased retired Chairperson or Commissioner of the COA, the CSC, the COMELEC, the Ombudsman or Deputy Ombudsman, as the case may be, to pay the survivorship benefits authorized under said law.

9. In the case of a Muslim deceased retiree, the monetary benefits shall be divided equally among legitimate wives.

10. If the surviving spouse remarries, he/she shall accordingly notify the Office concerned. Upon such remarriage or when the surviving spouse cohabits or engages in common-law relationship, he/she shall automatically cease and desist from receiving the benefits under RA No. 10084. The failure of the surviving spouse to notify the office concerned of such information shall subject him/her to proper legal action.

11. In case the surviving legitimate spouse is already receiving benefits under other retirement laws, only the difference, if any, between the amount thereof and the amount of the benefits receivable under RA No. 10084 shall be adjudicated in his/her favor. However, if the amounts of both benefits are equal, his/her claim under RA No. 10084 shall not be given due course. ACcEHI

12. In accordance with RA No. 10084, whatever is the aggregate amount of all retirement benefits that the deceased retiree was receiving from the COA, CSC, COMELEC, or OMB, at the time of his/her demise under applicable retirement laws then in force, shall be received on a monthly basis, intact, by the surviving legitimate spouse entitled thereto during his/her lifetime or until he/she remarries or enters into a common-law relationship.

13. In case the surviving legitimate spouse who is receiving the benefits provided under RA No. 10084 dies, notice of such death shall forthwith be transmitted by any member of his/her immediate family or any person who may have knowledge of the death to the Chairperson of the COA, the CSC, the COMELEC, or the OMB, as the case may be, for the latter's information and guidance.

14. The Office concerned shall have the option to conduct a home visit or require the surviving spouse to report annually to the office concerned to ensure that the surviving spouse is still alive.

This Circular shall take effect immediately.

(SGD.) MA. GRACIA M. PULIDO TANChairperson

(SGD.) HEIDI L. MENDOZACommissioner

(SGD.) ROWENA V. GUANZONCommissioner