June 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[A.M. No. 13872-Ret. : June 07, 2011]
RE: APPLICATION FOR SURVIVORSHIP BENEFITS UNDER RA 9946 OF MRS. LOURDES C. SUNDIAM, WIDOW OF COURT OF APPEALS JUSTICE EDGARDO F. SUNDIAM
"A.M. No. 13872-Ret. (Re: Application for Survivorship Benefits Under RA 9946 of Mrs. Lourdes C. Sundiam, Widow of Court of Appeals Justice Edgardo F. Sundiam).- The Court Resolved to REFER the matter to the Court of Appeals for the determination of the effectivity date of the claim of Mrs. Lourdes C. Sundiam, within thirty (30) days from notice hereof, considering that the late Justice Edgardo F. Sundiam retired from the judiciary on February 1, 2009.
The Court further Resolved to DIRECT the Court of Appeals to properly process claims for Survivorship Pension Benefits by:
(a) Using the proper application form as used by the Office of Administrative Services, Supreme Court re: Application for Survivorship Pension Benefits to distinguish the claim for Survivorship Benefits under R.A. No. 910 as amended (for those who died while on the service);
(b) Indicating in the Application for Survivorship Pension Benefits the effectivity date of the claim taking into consideration the date of death of the justice, i.e., if the justice died after February 11, 2010, the date of death is the effectivity date but if the justice died before February 11, 2010, the effectivity date shall be February 11, 2010, the date of effectivity of RA. No. 9946; and
(c) Determining whether the claim is premature taking into consideration the (i) date of retirement in the judiciary; (ii) payment of the lumpsum i.e. five-year (for compulsory and optional retirement), ten-year lumpsum (in case of disability retirement), or five-year lumpsum plus an additional gratuity equivalent to two (2) years (in case of attendance of any partial permanent disability); and (iii) pension which the late justice is suppose to receive after five years, seven years or ten years if alive, which is given to the surviving spouse under R.A. No. 9946.
In order that the claim will be acted upon, the effectivity date shall indicate when the survivorship pension should accrue."
Very truly yours,
(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court