BOARD RESOLUTION NO.24-01-02
Lifting of the Suspension of the Three-Year Prescriptive Period for the Filing of EC Claims due to the Covid-19 Pandemic
WHEREAS, under Presidential Decree No. 626, as amended, the Employees’ Compensation Commission (ECC) is mandated to initiate, rationalize, and coordinate the policies of the Employees’ Compensation Program (ECP);
WHEREAS, Article 207 [201] of Presidential Decree No. 626, as amended, states that no claim for compensation shall be given due course unless the claim is filed with the System within 3 years from the date the cause of action accrued;
WHEREAS, pursuant to Presidential Proclamation No. 922, dated 08 March 2020, a State of Public Health Emergency throughout the Philippines due to the Covid-19 pandemic was declared and all government agencies were enjoined to render full assistance and cooperation;
WHEREAS, under ECC Board Resolution No. 20-07-12, dated 17 July 2020, interrupted the filing of EC claims in all geographic areas during the duration of the implementation of the ECQ or MECQ due to the COVID-19 pandemic until the lifting thereof by the Office of the President of the Philippines and the Inter-Agency Task Force and shall apply retroactively effective 17 March 2023;
WHEREAS, under ECC Board Resolution No. 21-05-17, dated 20 May 2021, further eased the policy on the suspension of the three-year prescriptive period for the filing of EC claims due to the Covid-19 pandemic was further eased, to apply in all provinces highly-urbanized cities and independent component cities regardless of community quarantine status and shall have a retroactive application from 08 March 2020 upon the declaration of state of public health emergency throughout the Philippines due to covid19 pandemic;
WHEREAS, pursuant to Presidential Proclamation No. 297, dated 21 July 2023, the State of Public Health Emergency throughout the Philippines due to the Covid-19 pandemic has been lifted, and that all agencies are enjoined to take into consideration the lifting of the State of Public Health Emergency and to amend existing or promulgate new issuances, as may be appropriate;
WHEREAS, the Governance Commission for Government Owned or Controlled Corporations, through a letter/notice dated 27 July 2023, enjoins all GOCCs to adhere to Presidential Proclamation No. 297 and other applicable laws, rules, and regulations;
NOW THEREFORE, ON MOTION DULY MADE AND SECONDED,
The Commission RESOLVES AS IT HEREBY RESOLVED, to lift the suspension of the three-year prescriptive period for the filing of EC claims due to the Covid-19 pandemic pursuant to Presidential Proclamation No. 297, dated 21 July 2023;
RESOLVED FURTHER, that the lifting of the suspension of the three-year prescriptive period for the filing of EC claims shall take effect on 18 January 2024 in view of the liberal interpretation and implementation of Presidential Decree No. 626, as amended;
RESOLVED FURTHER, that all issuances, orders, rules and regulations or parts thereof of the Systems in the implementation of ECC B.R. Nos. 2007-12 and 21-05-17 which are inconsistent with the provisions of this Resolution are hereby superseded or modified accordingly;
RESOLVED FINALLY, that this Resolution shall take effect immediately after its publication in a newspaper of general circulation and a copy of this Resolution shall be transmitted to the SSS and the GSIS for guidance and compliance.
APPROVED, this 18th day of January 2024, in Quezon City, Philippines.
(SGD.) BIENVENIDO E. LAGUESMA
Chairperson
Department of Labor and Employment
(SGD.) RIZALDY T. CAPULONG
Member-Alternate
Social Security System
(SGD) JASON C. TENG
Member
Government Service Insurance System
(SGD)CARLITO P. ROBLE
Member
Employees’ Sector
RENE Y. SORIANO
Member
Employers’ Sector
(SGD)DENNIS S. MAS
Member-Alternate
Philippine Health Insurance Corporation
(SGD)ATTY. KAIMA VIA B. VELASQUEZ
Member
Employees’ Compensation Commission-Secretariat