Imagine your tatay served as a COMELEC commissioner for his entire term — seven years of overseeing elections, surviving political pressure, and staying honest. When he finally stepped down, what does the government owe him?
That's exactly what Republic Act No. 1568 was written to answer.
ELI5 Summary: RA 1568 gives the Auditor General and the Chairman or any Member of the Commission on Elections a lump-sum life pension equal to five years of their salary when they retire, become incapacitated, resign at 60, or die in service — as long as they've served the government for at least 20 years total. The benefit is tax-free and cannot be taken by creditors.
Real Filipino Scenario #1: Ang Dating Komisyoner
Ivy, 68, spent her career in public service — she was a civil servant for 15 years before being appointed as a Member of the Commission on Elections (COMELEC), where she completed her full seven-year term. She retired after her term ended, having accumulated 22 years of total government service.
Under Section 1 of RA 1568, Ivy qualifies for the life pension because she completed her term of office and has rendered more than 20 years of service in government. She is entitled to receive a lump-sum amount equivalent to five years of her salary as COMELEC Member — paid all at once.
What Ivy should do:
- Gather proof of her government service record (from Civil Service Commission or GSIS).
- File a claim with the Commission on Audit or the appropriate government office administering the benefit.
- Confirm she has not already elected to retire under a different retirement law (like RA 660), because under Section 3, she can only choose one.
What the Law Actually Says
Republic Act No. 1568, approved on June 16, 1956, covers two specific sets of officials:
- The Auditor General (head of what was then the General Auditing Office, now the Commission on Audit)
- The Chairman and Members of the Commission on Elections (COMELEC)
Section 1 lays out the triggering events for the pension:
- Retirement after completing the term of office
- Retirement due to incapacity to perform official duties
- Death while in service (in which case, heirs receive the benefit)
- Resignation upon reaching age 60
The critical requirement: at the time of any of these events, the official must have rendered not less than 20 years of government service — not just in that specific office, but cumulative government service.
The pension amount: five years' worth of salary, paid in lump sum.
Section 2 extends the benefit retroactively to former Auditors General and COMELEC officials whose terms ended before the law was enacted, provided they meet the same qualifications. However, they must refund any gratuity or pension they already received — and their new pension under RA 1568 accrues only from June 16, 1956 onward.
Section 3 creates an important restriction: if you take the RA 1568 pension, you cannot also retire under Republic Act No. 660 (the general government retirement law) or any other retirement law. It's one or the other. You can, however, still get a refund of your personal GSIS premium contributions with interest — and you can still receive GSIS life insurance benefits separately.
Section 4 gives the pension strong protection: it is exempt from all taxes and cannot be garnished, levied, or executed — meaning creditors cannot touch it.
What This Means for You
Kung ikaw ay may kamag-anak o kakilala na nagsilbi bilang COMELEC official o Auditor General, ito ang dapat mong malaman:
Ang pension na ito ay hindi automatic. Kailangan pang i-claim. At may mga kondisyon na kailangang matugunan bago matatanggap ang bayad.
The 20-year government service rule is cumulative. Hindi kailangang 20 years sa COMELEC o COA — pwedeng kasama ang naunang trabaho sa ibang ahensya ng gobyerno, basta government service.
The lump sum is based on the salary at the time of retirement or death — not a lifetime monthly stipend. You get one big payment representing five years of that salary.
For heirs: if the official dies while in service, the family receives the lump-sum benefit. This is significant protection for families who suddenly lose a breadwinner who happened to be a government official covered by this law.
Ang "tax-free" na katangian nito ay malaking bagay. Sa karamihan ng retirement packages, may bawas na income tax. Dito, wala — buo ang matatanggap.
Real Filipino Scenario #2: Ang Mali Niyang Desisyon sa Retirement
Benjie, 62, served as a COMELEC Member who completed his term. He has 24 years of total government service. Before consulting anyone, he filed for retirement under the regular GSIS retirement program (RA 660) because a friend told him the monthly pension under GSIS would be "mas malaki."
Here's where Benjie went wrong: under Section 3 of RA 1568, once he files under RA 660, he cannot also claim the RA 1568 lump-sum pension. He has to choose one. Depending on his salary level, five years of salary paid upfront might actually be worth more in present value than years of monthly GSIS payments.
What Benjie should do (before it's too late):
- Stop before filing any retirement claim and consult a lawyer or the GSIS Legal Department.
- Compute both options: RA 1568 lump sum (5 years of salary) vs. GSIS monthly pension under RA 660.
- Remember: under RA 1568, he can still get a refund of his personal GSIS premiums with interest — so he doesn't completely lose his GSIS contributions.
- Make an informed choice. Hindi na mababago pagkatapos mag-file.
What Most Filipinos Get Wrong
"Kahit sino pwedeng mag-avail nito." Mali. This pension is exclusively for the Auditor General and the Chairman or Members of the Commission on Elections. Regular government employees, other constitutional commissioners, or department secretaries are not covered. RA 1568 is a narrow, specific law.
"20 years sa COMELEC or COA lang dapat." Hindi. The 20-year requirement is total government service, which can come from different agencies combined. A teacher who served 13 years in DepEd and then became a COMELEC Member for 7 years might not yet qualify — 13 + 7 = 20, which is exactly the threshold, but each situation needs to be verified carefully.
"Pwedeng kumuha ng dalawang pension." Section 3 is clear: you cannot receive RA 1568 benefits and retire under RA 660 or any other retirement law. You pick one. The only carve-out is the GSIS life insurance benefit — that one, you can still receive regardless of which retirement option you choose.
"Buwis pa kailangan bayaran doon." Section 4 explicitly exempts this benefit from all taxes. Walang income tax, walang deductions — buo ang lump sum.
"Hindi maaapektuhan ng creditors." Actually, this one is TRUE — and it's a protection, not a misconception. Section 4 also shields the pension from garnishment, levy, and execution. Kahit may utang ang pensioner, hindi maabot ng creditors ang benefit na ito.
For OFWs / Para sa mga OFW
RA 1568 covers the Auditor General and COMELEC Members — positions that are held only by Filipinos physically working and appointed in the Philippines. If you are an OFW, this law does not directly apply to your current employment abroad.
However, there are two relevant situations for OFWs:
Situation 1: Ikaw ay dating government official bago naging OFW. If you previously served as a COMELEC Member or in the Auditor General's office and later left for work abroad, your prior government service may count toward the 20-year total if you eventually returned to and completed a qualifying position. Consult the Government Service Insurance System (GSIS) directly for a computation of your service record.
- GSIS Contact: gsis.gov.ph or call (02) 8-847-4747
- For OFWs abroad: Contact the nearest Philippine Overseas Labor Office (POLO/MWO) or the Philippine Embassy/Consulate to request assistance in communicating with GSIS or COA on behalf of a claimant.
Situation 2: Heirs of a deceased official who are now OFWs. If your parent or spouse was a COMELEC Member or Auditor General who died in service, and you are currently working abroad, you are still entitled to claim the lump-sum benefit as an heir under Section 1. You will need to:
- Secure a Special Power of Attorney (SPA) — authenticated by the Philippine Embassy or Consulate in your host country — authorizing someone in the Philippines to file the claim on your behalf.
- Have your representative contact the Commission on Audit (COA) or COMELEC administrative office with your documentation.
- The SPA must be apostilled or consularized depending on whether your host country is part of the Hague Apostille Convention.
The DFA (Department of Foreign Affairs) and your nearest Philippine Embassy can assist with the SPA authentication process.
Real Filipino Scenario #3: Ang Namatay sa Serbisyo
Santi, a Filipino who previously served as a junior civil servant for 18 years and was later appointed as a Member of the Commission on Elections, died suddenly of a heart attack while still serving his term — with only two years remaining. His total government service was 21 years at the time of his death.
Under Section 1 of RA 1568, death while in service is an explicitly covered event. Santi's heirs — his spouse and children — are entitled to receive the lump-sum equivalent of five years of Santi's COMELEC Member salary.
What Santi's family should do:
- Secure the death certificate and all of Santi's government service records.
- Identify the legal heirs — this may require an Extrajudicial Settlement of Estate or proof of heirship depending on the amount involved.
- File a claim directly with the appropriate government office (COMELEC administrative office and COA) presenting all required documents.
- Ensure no one files for a different retirement benefit on Santi's behalf simultaneously — RA 1568 must be the chosen benefit.
- Note that the benefit is tax-free and creditor-proof — the family receives the full amount.
What to Do if Your Rights Are Violated
Kung ikaw ay isang dating COMELEC official o Auditor General — o kamag-anak ng isa — at hindi pa natatanggap ang pension na karapat-dapat sa inyo, gawin ito:
Handa ang iyong mga dokumento. You need: appointment papers, service records from the Civil Service Commission (CSC), proof of years of government service, and a certificate of retirement or death certificate (if claiming as heir).
Makipag-ugnayan sa COMELEC o COA administrative office. These agencies handle the administrative processing of benefits for their covered officials. Ask specifically about RA 1568 claims.
Makipag-usap sa GSIS. Even under RA 1568, your personal GSIS premium contributions are refundable with interest (Section 3). File a separate claim for this with GSIS.
Kumuha ng legal na tulong kung kailangan. If your claim is being denied or ignored, consult the Public Attorney's Office (PAO) — libre ang kanilang serbisyo para sa mga qualified na Pilipino. For government-related disputes, the Office of the Ombudsman may also be relevant if there is administrative obstruction.
I-document ang lahat. Keep copies of every letter, email, and filing. Dates matter in government claims.
File with the Commission on Audit (COA) if there is a dispute about the amount owed. COA has jurisdiction over government financial obligations.
Related Laws
- Republic Act No. 660 — Government Service Insurance System Retirement Law
- Republic Act No. 8291 — The GSIS Act of 1997
- Republic Act No. 7653 / Republic Act No. 11211 — BSP Charter (for comparison: retirement of central bank officials)
- Presidential Decree No. 1146 — Revised GSIS Act
- 1987 Philippine Constitution, Article IX — Constitutional Commissions
Mga Madalas Itanong / FAQ
Q: Sino lang ang covered ng RA 1568?
A: Dalawa lang: ang Auditor General (ngayon ay ang Chairman ng Commission on Audit) at ang Chairman o sinumang Member ng Commission on Elections (COMELEC). Hindi kasama ang ibang government officials, kahit gaano kahalaga ang kanilang posisyon.
Q: Kailangan bang 20 taon sa COMELEC o COA para maging qualified?
A: Hindi. Ang 20-year na requirement ay total government service — pwedeng pinagsama-samang trabaho sa iba't ibang ahensya ng gobyerno. Ang mahalaga ay nasa qualifying position ka (COMELEC Member o Auditor General) noong mag-retire, mamatay, o mag-resign ka.
Q: Kung namatay ang opisyal habang nagtatrabaho, sino ang makakakuha ng pension?
A: Ang mga legal heirs ng pumanaw na opisyal ang tatanggap ng lump-sum benefit. Kailangan nilang ipakita ang death certificate, proof of heirship, at service records ng opisyal.
Q: Maaari bang mag-avail ng RA 1568 at ng GSIS pension sa iisang pagkakataon?
A: Hindi, pagdating sa retirement pension. Kailangan pumili ng isa — RA 1568 o ang ibang retirement law tulad ng RA 660. Pero may dalawang bagay na pwede pa ring matanggap: ang refund ng personal GSIS premium contributions (na may interest), at ang GSIS life insurance benefits. Hindi sila kasama sa pagbabawal.