I wrote this letter, in behalf to the others who also encountered similar

inconveniences in relation to GFAL application at GSIS Cagayan de Oro City and in

the request for Statement of Account (SOA) at PAG-IBIG Fund Iligan City Branch
and Carmen, Cagayan de Oro City Branch.

The Background

The Home Development Mutual Fund (HDMF), more popularly known as the Pag-
IBIG Fund, has offered its members short-term loans known as Multi-Purpose Loan
(MPL) which aims to provide financial assistance to members for house repair, minor
home improvement, home enhancement, tuition or educational expenses, health and
wellness, livelihood; or other purposes.

On the other hand, the State pension fund Government Service Insurance System
(GSIS) has introduced the GSIS Financial Assistance Loan (GFAL) program to help
its members improve their financial standing. GFAL is a debt-consolidation and
balance-transfer facility that enables GSIS members to settle their outstanding
loan balance with lending institutions, such as those privately run, as well as
government banks and government cooperatives at reduced interest rate and longer
payment term.

Under GFAL, GSIS members may transfer their loan of up to Php500,000, to the
pension fund from lending institutions, such as government banks and cooperatives,
that are duly accredited by their agencies.

The loan, which has a lower interest rate of six percent per annum and longer
repayment period of six years, will be directly paid to the lending institutions.

However, should a member’s total loan with the lending institution be below
Php500,000, the balance may be applied for as Top-Up Loan, with the proceeds
directly payable to the borrowers through check.

The Top-Up Loan will help GFAL borrowers augment their funds to defray for their
other needs and to improve their financial capacity and help them refinance their
outstanding loans with lending institutions.

GFAL is in response to the call of President Rodrigo Duterte to help improve the
financial situation of teachers and other government employees who fall prey to
money lending schemes, such as ‘5-6’, which are often tied with hefty double digit
interest rates.
The Inconveniences

On early morning of November 8, 2019, I went to PAG-IBIG Fund Iligan City Branch
at Robinson Mall, Tubod, Iligan City to request for a Statement of Account (SOA)
of my existing MPL. In doing this, I need to pass their queuing challenge.
Unfortunately, the SOA was not released on the reason that their central office
has issued directive to stop its issuance.

To my dismay, I went to PAG-IBIG Office, Carmen, Cagayan de Oro City branch, to

make another try. Luckily, at around 2 pm , after enduring another long queue, I got
the SOA (but not the one prescribed by the GSIS). According to the them, the
issued SOA does not need signature since it is a machine generated document.

On the same day, at around 3pm, I went immediately to GSIS Carmen, Cagayan de
Oro City Branch, to file my GFAF (with Top Up) application. It was almost 5 pm when
my queue number was called. The SOA was questioned. Indeed, after long
negotiation, my GFAL application and requirements were accepted but with a post-
it-note that my papers will be forwarded to the General Manager for final resolution.
I was the last person being served and it was already passed 6pm when I went out
from GSIS Office.

After eleven (11) calendar days or seven (7) working days, on November 19, 2019,
GSIS Cagayan de Oro City, called me and advised me to change my lending institution
and to secure another SOA. Accordingly, the checks issued by GSIS intended to
settle the account balances of their members were not accepted or refused by PAG-
IBIG Fund.

In compliance, on November 20, 2019, I went to Land Bank Iligan City Branch, to
secure the prescribed SOA of my MLS (Mobile Loan Saver). Unfortunately, it was
only November 21, 2019 when LBP Iligan released the documents.

On the same date, November 21, 2019, I went immediately to GSIS Cagayan de Oro
City Branch, to submit another SOA , this time, issued by LPB Iligan. While in GSIS,
I was told that GSIS and PAG-IBIG Offices in Manila had made an arrangement that
my loan transfer through GFAL will be the last to be processed. According to GSIS
Cagayan de Oro City, in actuarial study of PAG-IBIG Fund, the GFAL would/could
jeopardize their revenue. Since I have already submitted two (2) SOAs, I give them
the option to select which SOA to be used in my GFAL. After short discussion on
the surrounding circumstances, GSIS opted to use the SOA issued by PAG-IBIG on
the reason that it will take a long process if they will utilize the new SOA and amend
the previous loan transactions and that there is already assurance that PAG-IBIG
will honor my GFAL loan transfer.

When I made my follow up (call & text) on November 28, 2019 (about 20 calendar
days/ 14 working days from application), I was informed that my GFAL status is
already line up for check printing and they will just text/call me if the check is ready
for release. I was happy in the said development for after long period of waiting the
check is now for printing.

On November 29, 2019, I visited GSIS Cagayan de Oro City, to personally follow up
my GFAL check. Consequently, I was referred to the Branch Manager Ma. Cecilia G.
Vega for short conference. The meeting started at around 1:30 in the afternoon and
was attended by the key officials of GSIS Cagayan de Oro City branch. The talk was
focus on the glitch brought about by the non-issuance of SOA of PAG-IBIG Fund. I
was informed that many checks (around 40) from GSIS were refused by PAG-IBIG
Fund. After long discussion and apology from GSIS Cagayan de Oro Branch, I have
no choice but to settle on their chosen action of cancelling my check, amending my
GFAL application and use the SOA issued by LPB.

A check that is ready for release but needed to be cancelled because of problem at
PAG-IBIG Fund is a very frustrating event specially that this would lead to a delayed
in my GFAL loan processing. To suffer the consequences brought by the problem
between GSIS and PAG-IBIG is an exasperating experience. Indeed, without giving
the exact date, GSIS had made an assurance that my GFAL will be given the priority
and immediate action.

Is the PAG-IBIG Fund not bound to accept the payment made by GSIS under its
GFAF program?

I believed that the that the law applicable here is Article 1236 of the Civil Code
which state that “The creditor is not bound to accept payment or performance
by a third person who has no interest in the fulfillment of the obligation, unless
there is a stipulation to the contrary.”

Here, the PAG-IBIG Fund, generally, cannot be compelled to accept payment made
by GSIS who is not part of the agreement, who is not a co-debtor, guarantor or joint
debtor. However, this rule, like any other rule, admits exceptions, one of which, if
the second requisite is not present . Here, the GSIS as payor, is a person interested
in the fulfillment of the obligation since he was chosen by the member to pay his
PAG-IBIG loan under the GFAL program .
Aside from RA 11032 (AN ACT PROMOTING EASE OF DOING BUSINESS AND
EFFICIENT DELIVERY OF GOVERNMENT SERVICES, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 9485, OTHERWISE KNOWN AS THE ANTI-RED
TAPE ACT OF 2007, AND FOR OTHER PURPOSES), the acts of PAG-IBIG Fund in
refusing to issue the required SOA and to accept the checks (MPL payments) from
GSIS are now clear violations of member’s rights that are protected under Section
1, Article III of the 1987 Constitution which state that “No person shall be deprived
of life, liberty, or property without due process of law, nor shall any person be
denied the equal protection of the laws. “

Banking on the GSIS promise that my GFAL be given the priority, on Dec 5, 2019, I
revisited GSIS to follow, but according to them, according to them, my GFal is still
process for concellation.

December 9-10, 2019 i follow up the GFAL through hot lines.. also make follow up
thro the Manager (Txt and Call).

On December 11, I was informed by our Payroll in charged that there is already GFAL
billing from GSIS. I text GSIS on this, but no specific answers were given

December 12, I went to GSIS to personally informed them on the billing. According
them , that was the billing of GFAL via PAG-IBIG, I shown of the Transaction
Monitoring System (TMS) which show the CWS (completed staff work and other
transactions, for me, it was not satisfying assistance given, the bulk of works where
only done on the 11 of December..