You should file your Petition with the Office of the Corporate Secretary (OCS) with office address at the 7th Floor, GSIS Financial Center, Macapagal Avenue, Pasay City not later than sixty (60) calendar days from receipt of the Decision or Resolution of the COC. A copy of your Petition shall be served to the COC.
(Section 3, Policy and Procedural Guidelines [PPG] 222-13; Section 40, Rule V, RIRR of RA 8291)
Your Petition shall be in writing and shall contain all the following:
The full name, address, and legal capacity of the petitioner;
The full name and address of the respondent;
The date when the petitioner received the COC Decision/Resolution to establish the timeliness of the appeal;
A clear and concise statement of the cause or causes of action, specifying the particular section/s of the law or rule violated or sued upon;
If the basis of the action is a rule, regulation, resolution, memorandum or order of the Board of Trustees, the date of the promulgation thereof shall be stated and a copy attached to the petition; and
Proper Verification. Your Petition must be properly verified by an affidavit that you (the petitioner) read the Petition and that allegations stated are true and correct based on your personal knowledge or based on authentic records. (Section 32 and 38, Rule V, RIRR of RA 8291 in relation to Section 4, Rule 7 of the Rules of Court)
Service to the COC with proof of service. You shall serve the COC with a copy of your Petition, with corresponding proof of service.
Service of Petition to the COC may be done through any of the following:
Personal service, in which case, the proof thereof shall consist of the written admission of the party served, or the official return of the server or the affidavit of the party serving, containing a full statement of the date, place and manner of service; or
Service by registered mail, in which case, the proof thereof shall consist of the affidavit and the registry receipt issued by the mailing office. The registry return card shall be filed immediately upon its receipt by the sender, or in lieu thereof the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to the addressee; or
Service by ordinary mail, in which case, the proof thereof shall consist of the affidavit of the person mailing stating of facts showing that he deposited the copy to the post office, in a sealed envelope, plainly addressed to the party or his counsel at his office, if known, otherwise at his residence, if known, with postage fully pre-paid, and with the instructions to the postmaster to return the mail to sender after ten (10) days if undelivered in compliance with Section 7, Rule 13 of the Rules of Court; or (Sections 32 and 40, Rule V, RIRR of RA 8291 in relation to Rule 7 and 13 of the Revised Rules of Court)
Service by private couriers, in which case, the proof thereof shall consist of a sworn certification or affidavit of service from the courier specifically referring to the date of service and the corresponding tracking number for the mail matter. (Patterned after A.M. No. 11-6-10-SC [Re: Guidelines for Litigation in Quezon City Trial Courts] dated 21 February 2012)
Payment of filing fee. You shall pay with the OCS the filing fee in the amount of Two Hundred Pesos (Php200.00). Payment may be in cash, check or postal money order issued in the name of the GSIS. An official receipt will be issued by the GSIS as proof of payment of filing fee. It is very important that the filing fee is paid within the mandatory sixty-calendar-day period in order for the Petition to be considered a filed on time or filed within the prescribed period.
Yes. You are allowed to file a motion for extension of time to file the Petition. Your motion may be granted provided the same is filed before the expiration of the mandatory sixty-calendar-day period. If your motion is granted, you may be given an extension of thirty (30) calendar days counted from last day of the original sixty-day period for filing your Petition.
If you failed to file a motion for extension of time to file your Petition within the mandatory sixty-calendar-day period, the Decision or Resolution of the COC will become final. No motion for extension will be entertained after the lapse of the mandatory sixty-calendar-day period to file a Petition as there is no more period to extend.
(Section 4, PPG 222-13; Philippine National Bank v. Deang Marketing Corporation and Berlita Deang, G.R. No. 177931 dated 8 December 2008)
You may choose any one (1) of the following remedies:
You may seek reconsideration of the decision by filing a Motion for Reconsideration to the Board of Trustees through the OCS within fifteen (15) calendar days from receipt of the Decision of the Board; or
You may appeal to the Court of Appeals by filing of a Petition for Review under Rule 43 of the Rules of Court within fifteen (15) calendar days from receipt of the Decision of Board.
(Section 5, PPG 222-13; Section 31 of RA 8291 and Section 44.5, Rule V, RIRR of RA 8291)
You should file the Motion for Reconsideration with the Clerk of the GSIS at the Office of the Corporate Secretary (OCS) within fifteen (15) calendar days from receipt of the Decision of the Board of Trustees.
The Motion for Reconsideration shall be in writing and shall contain the following:
The date of the decision of the Board of Trustees;
The date of the receipt of the Decision to establish the timeliness of the motion;
A clear and concise statement of the grounds upon which the motion for reconsideration is based, specifying the particular section/s of the law or rule relied upon;
A clear and concise statement of the findings or conclusions of the Decision of the Board of Trustees which are not supported by evidence or which are contrary to law, making express reference to the testimonial or documentary evidence or the provisions of law alleged to the contrary to such findings and conclusions; and
The relief sought.
(Section 7, PPG 222-13; Section 32, Rule V, RIRR of RA 8291 in relation to Section 3, Rule 15 and Section 2, Rule 37 of the Rules of Court)