Retired public attorneys urge DBM to release full benefits

A group of public attorneys on Tuesday slammed the Department of Budget Management (DBM) for blocking the release of their retirement benefits and for treating them like "second class lawyers and citizens."

The 40 lawyers from the Public Attorney's Office, collectively calling themselves the "PAO 40," urged the government to speed up the release of the benefits that they are entitled to under Republic Act 9406 or the PAO Law, in relation to RA 10071 of the the National prosecution Act of 2010.

PAO chief Persida Rueda-Acosta said the retirees have not received their retirement benefits since May 2010. She said two of the claimants, Manuel Ramos Jr. and Valentine Daoas, have already passed away without receiving the benefits, while 15 others are already bed-ridden.

"Dalawa na po ang patay habang naghihintay at 'di nakayanan ang hinagpis ng paghihintay," lamented Acosta.

The PAO 40 is questioning a legal opinion issued by the Department of Budget and Management's Legal Service stating that Section 16 of RA 10071 limits the applicability of the retirement benefits granted only to the prosecutors of the National Prosecution Service, which is under the Department of Justice, and not PAO lawyers.

"Ginawa ng Kongreso na pantay ang PAO at prosecutors [sa NPS] tapos babawiin ng DBM? Mas mataas ba ang DBM sa Kongreso? Sino ba ang gumagawa ng batas? Hindi ba legislative? Ii-implement lang ng executive. Ang Opinion ay opinyon mo lang," said Acosta.

The retirees insisted that RA 10071 is a general provision that did not expressly or impliedly repeal Section 5 of the PAO law, which provides equal retirement benefits to PAO lawyers and public prosecutors alike.

To bolster their claim, the retirees noted a June 15, 2012 letter of Budget Secretary Florencio Abad to then Justice Secretary Leila de Lima acknowledging that PAO lawyers are entitled to the same retirement pay of the public prosecutors, lowering the 12 percent government share to 3 percent, and in effect lowering their 9 percent personal share to 3 percent.

They said restoring the PAO special members' Government Service Insurance System (GSIS) Representing the Retirement and Life Insurance Premiums (RLIP) personal share would result in a violation of the state policy on non-diminution of benefits and deprivation of a vested right.

The public lawyers said that on April 12, 2013, Abad even signed Budget Circular No. 2013-1 which categorically included the PAO in the coverage of special retirement laws.

"The DBM cannot suddenly reverse itself through an alleged DBM legal opinion belatedly issued, when it previously allowed our contribution to the GSIS to be decreased for about six years since May 2010," said the retirees in a manifesto they all signed.

The retirees noted that the House of Representatives Committee on Justice headed by Iloilo Rep. Neil Tupas had issued a resolution on January 27, 2016 urging the DBM to pay the PAO retirees their benefits.

On February 22, 2016, the Senate Committee on Finance had also written a letter to Abad urging the expeditious granting of the retirement pay of PAO retirees.

According to Acosta, the retirees have only so far received from the GSIS: their respective 6 percent share in the return of premium, when their share was lowered from 9 to 3 percent; and their life insurance.

Acosta added that the pensions of the retirees had been withheld from them, and would only be released once their retirement package has been given to them. —ALG, GMA News