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BENEFITS IN GENERAL
Benefits granted by law to government officials: vacation leaves, sick leaves, maternity leaves,
terminal leaves, termination pay, retirement benefits, others as provided by law
RETIREMENT BENEFITS
Nature of retirement benefits
Reward for giving the best years of their lives to service of the country
Not gratuity, but deferred compensation for services
Double purpose:
o To entice competent men and women to enter government service
o To permit them to retire from service with relative security
Pension and retirement benefits are exempt from attachment, garnishment, levy, execution
and cannot be withheld to be applied to indebtedness to the government
Benefits including money value of leave credits are exempt from income withholding tax
Pensions and gratuities shall not be considered additional, double, or indirect
compensation. A pensioner who re-enters government service and retires after meeting all
requirements, is entitled to receive double retirement benefits
Compulsory GSIS coverage for old age pension benefit under PD 1146
60 years old, 15 years of service
Basic monthly pension for life, but for not less than 5 years
If less than 15 years of service but at least 3 years of service, entitled to cash payment of
100% the average monthly compensation for every year of service
Computation of service includes full time, part time, and other services with
compensation
Benefits
5-year lump sum gratuity based on highest monthly salary plus highest monthly aggregate
of transportation, living, and representation allowance
After 5 years, monthly annuity for life
If retirement caused by permanent disability during incumbency, he shall receive a 10-
year gratuity and monthly annuity for life after 10-year period
RA 910: Automatic increase in pension when incumbent justices receive salary increases,
plus an upward adjustment of the 5-year lump sum if the increase is during the 5-year
period
Monthly pension is equivalent to current salary allowance of an incumbent justice
Restrictions
While receiving pension, cannot appear as counsel in:
o Civil case against the Government or any subdivision or instrumentality
o Criminal case against an officer or employee of the government for an offense
committed in relation to his office
Cannot collect any fee for appearance in any administrative proceeding to maintain an
interest against the government, national, provincial, or municipal, or legally constituted
officers
If elected, cannot receive monthly pension upon assumption of office and during term
Benefits
5-year lump sum based on last annual salary plus representation and living allowances
After 5 years, monthly pension for life
Automatic increase in monthly pensions equivalent to salary increases of incumbent, plus
adjustment of 5-year lump sum if increase is during the 5-year period
Legislative privileges
Immunity from Arrest
o Senator or member of HoR privileged from arrest if 2 conditions are present:
1. Crime charged is punishable by not more than 6 years imprisonment
- If charged with a crime with a penalty more than 6 years, he can be
arrested, but may post bail if bailable to attend congressional duties
- Immunity from arrest does not extend to immunity from being
preventively suspended for his crime
2. Congress is in session
- If congress is in recess, can be arrested for a crime with a penalty of 6
years imprisonment
o Members of the Senate or HoR shall not be held liable for any speech or debate in
Congress or in any committee
o Election while a criminal case is on appeal does not amount to a condonation of
the offense, nor entitlement to freedom from confinement because people elected
him with awareness of the limitations on his freedom
Immunity from civil and criminal action for speech or debate (speech and debate clause)
o Utterances made by Congressmen in performance of official functions, including
speeches, opinions, votes, and reports, while in session
o Bills introduced in Congress, whether in session or not
o Acts performed by Congressmen either in Congress or outside, in official
discharge of duties
o The privilege is absolute, no conditions or qualifications
o Osmena v Pendatum: Congressman cannot be held liable for defamatory speech
outside Congress, except by congress itself
o Vera v Avelino: Pendatum resolution, which attributed election offenses to certain
Congressmen, is protected and authors cannot be questioned thereon