Case Digest (G.R. No. 210328)
Facts:
Government Service Insurance System (GSIS) v. Apolinario C. Pauig, G.R. No. 210328, January 30, 2017, Supreme Court Second Division, Peralta, J., writing for the Court.Apolinario C. Pauig was employed by the Municipality of San Pablo, Isabela, beginning February 12, 1964 as an Emergency Laborer on casual status; he served as a temporary employee from July 5, 1972 to July 18, 1977, obtained permanent appointment on July 19, 1977, and became a GSIS member on August 1, 1977. He retired on November 3, 2004 upon reaching age sixty-five and filed for retirement benefits with GSIS–Cauayan.
When GSIS processed his retirement claim it used a Record of Creditable Service reflecting a Total Length of Service of twenty-seven years, excluding the initial fourteen years (1964–1977) on the ground that premium contributions for those years were not remitted. Pauig protested, asserting that his entire service from February 12, 1964 to July 18, 1977 should be credited for retirement computation, and he filed suit in the Regional Trial Court (RTC) of Cabagan, Isabela (Civil Case No. 22-1035).
The RTC rendered a Decision dated July 15, 2013 declaring the GSIS Premium‑Based Policy (Resolution No. 90 and Policy and Procedural Guidelines No. 171‑03) lawful, but directing GSIS to credit Pauig’s casual/temporary service from February 10, 1964 to July 18, 1977 for retirement purposes upon payment of premiums and interest (RTC Decision). GSIS moved for reconsideration which the RTC denied (Order dated December 4, 2013). GSIS then filed ...(Subscriber-Only)
Issues:
- Should the Supreme Court grant the petition and direct GSIS to include Apolinario C. Pauig’s casual and temporary service from February 12, 1964 to July 18, 1977 as creditable service for computing his retireme...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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