Title
Penalty Condonation for Delinquent Employers
Law
Hdmf Circular No. 263
Decision Date
May 26, 2009
Delinquent employers are offered a penalty condonation program to encourage registration and compliance with mandatory membership contributions to the Fund, provided they meet specific guidelines and deadlines by December 31, 2009.
A

Application Process and Grounds for Penalty Condonation

  • Employers must submit a letter requesting penalty condonation.
  • Grounds include financial difficulties, lack of management knowledge of default, unsuccessful legal contestations, or other acceptable reasons by the Board of Trustees.
  • Application deadline is the last working day before December 31, 2009.

Payment and Terms of Penalty Condonation

  • Employers must remit all unremitted employer contributions retroactively and current periods.
  • Penalties from first delinquency month to approval are condoned if obligations are settled within 30 days from approval.
  • If unable to pay fully, employers may submit a payment plan within 7 days:
    • Maximum 24 months settlement.
    • Proportional penalty condonation based on downpayment.
    • Remaining balance accrues 1% monthly interest.
    • Payment commencement one month after approval.
    • Post-dated checks must cover the payment plan.
  • Failure to pay within stipulated periods results in restoration of penalties, legal action, and additional monthly penalties of 3% for unremitted current contributions.

Monitoring and Reporting

  • Pag-IBIG Fund units are required to submit monthly reports on penalty condonation to the Senior Vice President for Provident Operations.
  • The SVP consolidates and endorses reports to the Board of Trustees.

Continued Liability and Penalties for Non-Compliance

  • Employers failing to register or submit payment plans, or refusing to collect/remit contributions, remain subject to penalties and criminal prosecution under PD 1752.

Effectivity of Membership Coverage

  • Membership effective from employee's initial PFR date.
  • For employees with previous deductions unremitted, membership starts from when remittances should have been made.

Amendments and Repeal

  • The Senior Management Committee may amend these guidelines consistent with the Fund’s mandate.
  • All contrary or inconsistent rules are repealed or modified accordingly.

Effectivity

  • Guidelines take effect immediately upon issuance on May 26, 2009.

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