Case Digest (G.R. No. L-39972)
Facts:
In Government Service Insurance System v. Civil Service Commission and Matilde S. Belo & Dr. Manuel Baradero (G.R. Nos. 98395 & 102449, June 19, 1995), the Government Service Insurance System (GSIS) sought certiorari relief against Civil Service Commission (CSC) resolutions directing GSIS to credit periods of per diem service toward retirement. Matilde S. Belo continuously held the office of Vice Governor of Capiz from January 5, 1972 to February 1, 1988. From January 25, 1972 to December 31, 1979 she received a fixed salary; during a holdover period from December 31, 1976 to December 31, 1979, she was paid on a per diem basis; thereafter, she again received a fixed salary until 1988. In a June 7, 1989 Resolution, the CSC ruled that her per diem holdover service was full time, on call twenty-four hours a day, and thus creditable for retirement. Dr. Manuel R. Baradero, as member of the Sangguniang Bayan of La Castellana, Negros Occidental, rendered full-time service from January ...Case Digest (G.R. No. L-39972)
Facts:
- October 28, 1994 Decision and Motions for Reconsideration
- In G.R. Nos. 98395 & 102449 (GSIS vs. CSC and Baradero/Belo), the Court held that per diem service is not creditable for retirement.
- Matilde S. Belo (G.R. No. 102449) and GSIS (for both Belo and Baradero) filed motions arguing that per diem payments were true compensation and thus creditable.
- Service Histories
- Matilde S. Belo
- Vice-Governor of Capiz, January 5, 1972–February 1, 1988.
- Elected fixed salary, January 25, 1972–December 31, 1979.
- Holdover periods:
- December 31, 1976–December 31, 1979 (per diem basis).
- January 1, 1980–February 1, 1988 (fixed salary).
- Dr. Manuel Baradero
- Member, Sangguniang Bayan of La Castellana, Negros Occidental, January 1, 1976–October 10, 1978.
- Served full time, paid per diem, no other remuneration.
- Administrative Resolutions
- CSC Resolution No. 89-836 (June 7, 1989): per diem holdover periods creditable.
- GSIS petitioned the Supreme Court: reversed CSC, held per diems not compensation under R.A. 1573/C.A. 186.
Issues:
- Is service rendered on a per diem basis “service with compensation” under the Government Service Insurance Act?
- Does the statutory exclusion of per diems apply when such payments function as base pay?
- Which body—GSIS or CSC—has ultimate authority to determine creditable service for retirement?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)