Leila de Lima seeks probe into suspended PNP death and disability benefits

ML party-list Rep. Leila De Lima has filed a resolution seeking a congressional inquiry into the suspension of the grant of death and permanent physical disability benefits by the Philippine National Police (PNP).

In House Resolution No. 737, De Lima said these suspended death and permanent physical disability benefits were provided under Presidential Decree No. 1184. 

“The prolonged suspension of benefits under P.D. No. 1184 has caused grave injustice to disabled PNP personnel who risked life and limb in the service of the State, undermining the constitutional principles of social justice, equity, and protection to those who serve in uniform,” De Lima said.

P.D. No. 1184 was issued in 1977, when the Integrated National Police (INP) was established. Section 41 of the said law expressly granted death and permanent physical disability benefits to INP members, a welfare benefit intended to compensate for injury or disability incurred in the line of duty.

The Republic Act (RA) No. 6975—the law that created the Philippine National Police (PNP), was later passed and amended by RA 8551.

Under this measure, qualified PNP personnel were then entitled to three (3) types of benefits: (1) death benefits; (2) permanent physical disability benefits; and (3) temporary physical disability benefits. 

De Lima said that the PD 1184 benefits were halted because the Commission on Audit (COA) issued Audit Observation Memorandum (AOM) No. 2020-003 (2019) stating that the simultaneous payment of benefits by (National Police Commission) NAPOLCOM under P.D. No. 1184 and by the PNP under R.A. No. 6975, as amended, constituted “double compensation” allegedly in violation of Section 8, Article IX-B of the 1987 Constitution.

Following the issuance of the AOM, the Department of Budget and Management (DBM) temporarily suspended the release of funds for pension, gratuity pay, death claims, and disability benefits to PNP retirees and beneficiaries, and NAPOLCOM withheld all payments under P.D. No. 1184.

De Lima, however, argued that there is no double compensation to speak of because the new law did not explicitly repeal P.D. 1184 

“P.D. No. 1184 was neither expressly nor impliedly repealed by R.A. No. 6975 or R.A. 8551, and Section 73 of R.A. No. 6975, as amended, explicitly provides that benefits granted thereunder are in addition to other benefits as provided under existing laws,” De Lima said.

"The benefits under P.D. No. 1184 and R.A. No. 6975, as amended, belong to two distinct classifications: welfare benefits for disability incurred in the line of duty, and retirement or service pensions based on rank and years of service, respectively, and therefore do not constitute double compensation," she added.

The PNP Terminated, Retired, and Separated Association, Inc. (PNPTRASAI) already filed a Petition for Mandamus before the Regional Trial Court of Quezon City, Branch 90, seeking the resumption of payments under P.D. No. 1184 in December 2021.

The petition was initially denied but subsequently granted on November 25, 2024, through the issuance of a writ of preliminary mandatory injunction directing DBM to release funds and NAPOLCOM to resume payment of said benefits.

“We call on our colleagues to swiftly act on this urgent matter. Each day that these crucial services are being denied is a gross disservice to our PNP personnel and their beneficiaries,” De Lima said.

In February 2025, the DBM and NAPOLCOM, through the Office of the Solicitor General (OSG), filed an Urgent Manifestation and Motion asserting that public funds may not be disbursed without a specific appropriation by law. –NB, GMA Integrated News