Pension Be Revoked Due to Criminal Acts After Retirement

Question: Can a Retired Policeman's Pension Be Revoked Due to Criminal Acts After Retirement?

Answer:

In the Philippines, the pension of a retired policeman can be affected if they are convicted of a crime, even if the offense occurs after retirement. However, the process for revoking a pension is subject to certain legal requirements and procedures. Here's what you need to know:

1. Conviction for a Crime:

   • To potentially revoke a retired policeman's pension, they must first be convicted of a crime through the regular judicial process. This means they must be found guilty in a court of law, and their conviction must be final and executory.

2. Impact of a Criminal Conviction:

   • A criminal conviction can have serious consequences for any individual, including retired policemen. It can result in imprisonment, fines, and other penalties as determined by the court.

3. Review of Pension:

   • After a retired policeman is convicted, the relevant government agency responsible for pension disbursement (usually the Government Service Insurance System or GSIS for retired policemen) may review the pensioner's eligibility for continued pension benefits.

4. Consideration of Moral Turpitude:

   • The government agency may consider whether the crime for which the retired policeman was convicted involves moral turpitude. Crimes of moral turpitude are typically offenses that reflect negatively on a person's character and integrity, such as acts of lasciviousness.

5. Pension Revocation Process:

   • If it is determined that the crime involves moral turpitude and the retired policeman is still receiving a pension, the agency may initiate proceedings to revoke or suspend the pension. This process typically involves legal notifications and hearings.

6. Legal Proceedings:

   • The retired policeman has the right to defend themselves during these proceedings. They can present evidence and arguments to contest the revocation of their pension.

7. Decision by the Agency:

   • Ultimately, the agency will make a decision based on the evidence and arguments presented. If the pension is revoked, it may be suspended for a specific period or permanently, depending on the circumstances and the agency's policies.

8. Appeals Process:

   • If the retired policeman disagrees with the agency's decision, they may have the option to appeal the decision through administrative or judicial channels, depending on the applicable laws and regulations.

It's important to note that the specific procedures and requirements for pension revocation may vary depending on the agency and the relevant laws and regulations in place at the time. Additionally, the retired policeman's right to due process and a fair hearing must be respected throughout the process.

If you are dealing with a specific case or need legal advice regarding pension revocation for a retired policeman, it is highly recommended to consult with an attorney who specializes in administrative and pension law in the Philippines. They can provide guidance tailored to the circumstances of the case and the applicable legal framework.