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Gsis V Pauig

1) Respondent Apolinario Pauig worked for the government from 1964 to 1977, first as a casual/temporary employee and later as a permanent employee. When he retired in 2004, the GSIS only included his years as a permanent employee to calculate his retirement benefits, excluding his early years as a casual/temporary employee. 2) The court ruled that Pauig's claim to include his first 14 years of service was unmeritorious, as GSIS coverage and benefits had historically excluded casual and temporary employees. Compulsory GSIS membership was also not extended to all government employees until 1997. 3) Therefore, the petition of the GSIS was granted, and Pauig's retirement benefits would only include his

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543 views1 page

Gsis V Pauig

1) Respondent Apolinario Pauig worked for the government from 1964 to 1977, first as a casual/temporary employee and later as a permanent employee. When he retired in 2004, the GSIS only included his years as a permanent employee to calculate his retirement benefits, excluding his early years as a casual/temporary employee. 2) The court ruled that Pauig's claim to include his first 14 years of service was unmeritorious, as GSIS coverage and benefits had historically excluded casual and temporary employees. Compulsory GSIS membership was also not extended to all government employees until 1997. 3) Therefore, the petition of the GSIS was granted, and Pauig's retirement benefits would only include his

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KF
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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G.R. No.

210328 the doctrine of liberal construction cannot be applied in


GOVERNMENT SERVICE INSURANCE SYSTEM this case, where the law invoked is clear, unequivocal
(GSIS), Petitioner and leaves no room for interpretation or construction.
vs. To uphold Pauig's position will contravene the very
APOLINARIO C. PAUIG, Respondent words of the law, and will defeat the ends which it
DECISION seeks to attain.
PERALTA, J.:
Respondent Apolinario C. Pauig (Pauig) was the Pauig claims that his service in the government from
Municipal Agriculturist of the Municipality of San Pablo, February 12, 1964 to July 18, 1977 should be credited
lsabela. He started in the government service on for the purpose of computing his retirement benefits is
February 12, 1964 as Emergency Laborer on casual unmeritorious. compulsory coverage under the GSIS
status. Later, he became a temporary employee from had previously and consistently included regular and
July 5, 1972 to July 18, 1977. On July 19, 1977, he permanent employees, and expressly excluded casual,
became a permanent employee, and on August 1, 1977, substitute or temporary employees from its retirement
he became a GSIS member. insurance plan.
On November 3, 2004, he retired from the service upon Based on the records, Pauig began his career in the
reaching the mandatory retirement age of 65 years old. government on February 12, 1964 as Emergency
But when he filed his retirement papers with the GSIS- Laborer on a casual status. Then, he became a
Cauayan, the latter processed his claim based on a temporary employee from July 5, 1972 to July 18, 1977.
Record of Creditable Service and a Total Length of However, the Court notes that it was not until 1997 that
Service of only twenty-seven (27) years. Disagreeing the compulsory membership in the GSIS was extended
with the computation, Pauig wrote a letter-complaint to to employees other than those on permanent status.
the GSIS, arguing that his first fourteen (14) years in the
government service had been. erroneously omitted.

The GSIS ratiocinated that Pauig's first fourteen (14) Petition granted.
years in the government were excluded in the
computation of his retirement benefits because during
those years, no premium payments were remitted to it.

Aggrieved, Pauig filed a case before the RTC. the RTC


rendered a Decision in favour of Pauig. GSIS then filed a
motion for reconsideration, which was later denied.
Thus, the instant petition.

ISSUE:

whether or not the GSIS should include Pauig's first


fourteen (14) years in government service for the
calculation of the latter's retirement benefits claim.

RULING:

No. Retirement benefits are given to government


employees to reward them for giving the best years of
their lives to the service of their country. This is
especially true with those in government service
occupying positions of leadership or positions requiring
management skills because the years they devote to
government service could be spent more profitably
elsewhere, such as in lucrative appointments in the
private sector.

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