Rules and Regulations Implementing Executive Order No. 115 Entitled "Authorizing Payment of Death Benefits to Barangay Officials who Die During their Term of Office"

December 26, 2002

DILG MEMORANDUM CIRCULAR NO. 207-02

 

RULE I

General Provisions

SECTION 1. Basis. — These Rules and Regulations are hereby issued pursuant to the provision of Executive Order No. 115 s. 2002 entitled "Authorizing Payment of Death Benefits to Barangay Officials Who Died During Their Term of Office".

SECTION 2. Purpose. — These rules and regulations are hereby prescribed to ensure the effective implementation of Executive Order No. 115 by facilitating and expediting the release of payments of claims by the legal heirs/beneficiaries of death benefits of the barangay officials who died during their term of office.

SECTION 3. Coverage. — The punong barangay, the seven barangay kagawads, sangguniang kabataan chairman as ex-officio member of the sangguniang barangay, barangay treasurer and barangay secretary shall be automatically covered by said benefits.

SECTION 4. Application. — These rules and regulations shall apply to legitimate claimants/beneficiaries of subject deceased barangay officials.

SECTION 5. Definition of Terms. — For purposes of these Rules and Regulations, the following shall mean:

1. Department — Department of the Interior and Local Government

2. Beneficiary/ies — The person/s designated by the covered official in the information for benefit filed with the proper agency during his lifetime to receive the proceeds and/or benefits of his insurance coverage in case of his death subject to the limitations provided for in the New Civil Code. In case of absence or failure to designate beneficiaries, the legal heirs of the insured shall be the beneficiaries.

3. Legal heirs — The compulsory heirs as provided for in Article 887 of the New Civil Code, in the order of succession stated in the said code.

4. Ex-Officio member of the Sangguniang Barangay — refers to the SK Chairman, or the 1st SK Kagawad who assumed as SK Chairman by virtue of succession.

RULE II

Benefits

SECTION 6. The beneficiary/ies,/heir/s,/claimant/s of a deceased barangay official shall be entitled to the death benefits, upon submission of all the necessary documents as prescribed hereof.

SECTION 7. Death Benefits/Burial Expenses

1. The beneficiary/claimant of a deceased punong barangay shall receive TWENTY THOUSAND PESOS (Php 20,000.00) for death benefit and TWO THOUSAND PESOS (Php 2,000.00) for burial expenses.

2. The beneficiary/claimant of a deceased barangay kagawad, sangguniang kabataan chairman, barangay secretary and barangay treasurer, shall receive TEN THOUSAND PESOS (Php10,000.00) death benefit and TWO THOUSAND (Php 2,000.00) for burial expenses. SHCaEA

RULE III

Required Documents

SECTION 8. All claims shall be filed within ninety (90) days from the date of death of barangay official. The beneficiaries/claimants can avail of the death benefits by filing a duly accomplished DILG prescribed form, supported by the following authenticated documentary requirements:

1. Death certificate

2. Certificate of Incumbency

3. Marriage Certificate (if the claimant is the widow/widower of the deceased barangay official)

4. Birth Certificate of each of the beneficiary/claimant to show proof of relationship to the deceased barangay official duly authenticated by the local civil registrar.

5. If single, birth certificate of the deceased or affidavit of two disinterested parties (if the claimant is a parent)

RULE IV

Processing of Claims

SECTION 9. All claims for payment pursuant to these rules and regulations shall be processed and settled within sixty (60) days upon submission of all required documents to the Department.

SECTION 10. The Department shall have original and exclusive jurisdiction over the settlement of disputes arising from adverse claims and those resulting from the implementation of any provision of these rules whose decision shall be final and executory.

SECTION 11. Should a claimant reside in a remote area considerably far from the DILG Regional Office concerned, or physically incapacitated, he/she may issue a special power of attorney to the DILG Field Officer concerned for the purpose of securing the check.

RULE V

Roles and Responsibilities of DILG Regional Offices, Field Offices and NBOO

SECTION 12. DILG Municipal/City Offices shall:

1. Accept applications for benefit claims

2. Issue Certificate of Incumbency of the deceased barangay official

3. Validate the documents as to their authenticity

4. Endorse claim to the DILG Provincial Office

SECTION 13. DILG Provincial, HUC, ICC Offices shall:

1. Consolidate submitted applications from component cities/municipalities for benefit claims

2. Issue Certificate of Incumbency of the deceased barangay official

3. Validate the documents as to their authenticity'

4. Endorse claim to DILG Regional Offices

SECTION 14. DILG Regional Offices shall:

1. Review submitted applications and supporting documents

2. Submit list of claimants and the corresponding amount necessary for the settlement of claims to NBOO for funding.

3. Issue/release funds through checks to the claimants

SECTION 15. DILG-NBOO shall:

1. Request funds from DBM based on the amount submitted by the Regional Offices

2. Prepare necessary documents for fund transfer

3. Release funds to the Regional Office

4. Monitor Regional fund release.

SECTION 16. The Department whenever necessary, may issue supplemental guidelines to ensure faithful implementation of the provision of the Executive Order.

RULE VI

Roles of City/Municipal Governments

SECTION 17. The City/Municipal Governments, through their local chief executives shall issue appropriate certification that the deceased barangay official was indeed the person who served as such in the barangay covered by the territorial jurisdiction of said local government unit. DaIACS

RULE VII

Limitations to Entitlement

SECTION 18. No benefit shall be given if the death of the covered officials was caused by any of the following:

1. Suicide or his willful intention to kill himself

2. Unlawful acts resulting to his death.

RULE VIII

Funding

SECTION 19. The DILG through the National Barangay Operations Office shall request the Department of Budget and Management to release the funds for the purpose. The said funds shall be deposited to the Department's official repository bank as a special account held in trust.

SECTION 20. Three percent (3%) of the funds allotted by DBM for death benefits shall be automatically allocated for operational expenses of NBOO and Department's Regional Offices to implement the provisions of the Executive Order.

RULE IX

Effectivity

SECTION 21. These Rules and Regulations shall take effect immediately upon approval.

(SGD.) JOSE D. LINA, JR.Secretary

Attested by:

(SGD.) ATTY. ALAN ROULLO YAPHead Executive Assistant