Key LS Personnel

Director , Legal Service : PCSUPT MANOLO N OZAETA

Deputy Director, Legal Service : PSSUPT GEORGE L ALMADEN

January 2018
Chief of Staff, Legal Service : PSSUPT ORLANDO T MELCHOR
Issue
Chief, Legal Assistance Division : PSSUPT ARTHUR R LLAMAS

Acting Chief, Legal Research and : PSUPT LYNETTE M TADEO PNP Retirement Laws
Evaluation Division

Acting Chief,
Administrative and Resource : PSUPT RUTHER CRIS A PARRILLA
Management Division In this edition of the
Panyerong Pulis Advisory,
Acting Chief, Special Cases Division : PSUPT ELLA CRISTINA C CULANGEN
the PNP Legal Service
Acting Chief , Litigation Division : PSUPT ARIS M PESTAÑO
would like to start the new
Supervisor, Panyerong
Pulis @ Ur Serbis 24/7 : PSINSP ELMER G PASCUA year with an informational
campaign intended for
members of the
organization who are
about to face the
inevitable… the prospect
of retirement.

Police officers are expected to know not only the basic

rules of police operations, but the most relevant laws
governing every facet of law enforcement. Acquired from
long and dedicated service, such cache of information and
knowledge will aid every policeman in wading through legal
obstacles thereby presenting him to be no less than a loyal
servant of the law. Somehow, this gives a policeman a bigger shall be retired from the service and entitled to receive
than life image. benefits provided by law. (Section 40, RA No 6975)

Yet, when the time comes that a police officer is to bow What shall be the retirement benefits of police officers?
out of service by reason of retirement, another image
appears. The once young and energetic police officer seems The monthly
to be lost and confused in the final battle of his prestigious retirement pay shall
career, that is, the tedious filing of claims for retirement be fifty percent (50%)
benefits. of the base pay and
longevity pay of the
In this regard, the PNP Legal Service opted to come out retired grade in case
with this advisory, to once and for all, give meaning to the of twenty (20) years
truism that our legal assistance shall be available for our of active service,
members, from appointment to retirement. increasing by two
and one-half percent (2.5%) for every year of active service
What is the retirement age of PNP personnel? rendered beyond twenty (20) years to a maximum of ninety
percent (90%) for thirty-six (36) years of active service and
PNP members shall be compulsorily retired from active over: Provided, That, the uniformed personnel shall have the
service upon reaching the age of fifty six (56) years of age. option to receive in advance and in lump sum his retirement
Provided, That, in case of any officer with the rank of chief pay for the first five (5) years: Provided, further, That payment
superintendent, director or deputy director general, the of the retirement benefits in lump sum shall be made within six
Commission may allow his retention in the service for an (6) months from effectivity date of retirement and/or
unextendible period of one (1) year. (Section 39, RA No 6975) completion: Provided, finally, That retirement pay of the
officers/non-officers of the PNP shall be subject to adjustments
However, upon accumulation of at least twenty (20) based on the prevailing scale of base pay of police personnel
years of satisfactory active service, an officer or non-officer, at in the active service. (Section 34, RA No 6975 as amended)
his own request and with the approval of the Commission,
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Is there any other mode of retirement in the PNP?
Who are considered as surviving spouse?
An officer or non-
officer who is For purposes of derivative pension, otherwise known as
permanently and transfer of pension, a spouse may be considered as a survivor,
totally disabled as a and thus, entitled to the pension benefits if:
result of injuries suffered
or sickness contracted a. he/she is legally married to the deceased PNP pensioner prior
in the performance of to the latter’s retirement/separation;
his duty as duly certified
by the National Police b. not legally separated by judicial decree issued on grounds
Commission, upon finding and certification by the appropriate attributable to the surviving spouse; and
medical officer, that the extent of the disability or sickness
renders such member unfit or unable to further perform the c. have not abandoned the deceased PNP pensioner without
duties of his position, shall be separated and considered as justifiable cause/s. (NAPOLCOM Memorandum Resolution No
retired. 2007-376)

He shall be entitled to one year's salary and to lifetime Who else may qualify as survivor?
pension equivalent to eighty percent (80%) of his last salary, in
addition to other benefits as provided under existing laws. a. The surviving legitimate, legitimated, legally adopted children,
including the illegitimate children who are unmarried, not of
Should such member who has been retired under majority age or is over the age of minority but incapacitated
permanent total disability under this section die within five (5) and incapable of self-support due to a mental or physical
years from his retirement, his surviving legal spouse or if there defect acquired prior to the age of majority.
be none, the surviving dependent legitimate children shall be
entitled to the pension for the remainder of the five (5) years
guaranteed period. (Section 73, RA No 6975, as amended)
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 As a matter of policy,
b. IN DEFAULT of a surviving spouse or children, the surviving the pendency of a criminal
parent or parents, or in their default, the surviving unmarried and/or administrative case
brothers and/or sisters not of majority age. (NAPOLCOM against a retiree is not a bar
Resolution No 2007-376) to the payment of his/her
retirement benefits. (PNP
What if a survivor cannot establish with certainty her/his Memorandum Circular No
relationship with the deceased PNP pensioner or his/her being 2016-073)
a legal beneficiary?
In cases where the
If the claimant who is not a declared legal beneficiary, concerned agency failed to
shows proof of relationship such as marriage contract or birth terminate and/or resolve the
certificate of children which is a “delayed registration” after case within three months from the date of retirement without
the death of the deceased PNP personnel, he/she shall be justifiable reason(s) and/or fault or delay attributable to the
required to submit an Order from the court declaring that retiring personnel, the retirement benefits due to the retiree
he/she is a legal beneficiary. shall be immediately released to him/her without prejudice to
the ultimate resolution of the case. An appeal of the case
The requirement for court order shall not apply if the taken by the retiree constitutes a justifiable reason for the non-
claimant is able to show proof of recognition of illegitimate release of his/her retirement benefits. (Sec 3, RA No 10154)
child, proof of marriage ceremony and other documents. All
the documents must have been executed prior to the death Above-premises considered, how will the pension benefits be
of the pensioner. (Para 5, PNP Memorandum Circular No 2014- released?
044)
For cases punishable by suspension, demotion and/or
Are those retiring and retired PNP personnel with pending case lower than prision mayor, the release of retirement benefits
entitled to the payment of their retirement pension? shall be either in lump sum or outright/direct pension, the
choice of which shall be left at the discretion of the retiree.

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 on a breach, misfeasance, or other inappropriate action of
For cases punishable by dismissal and/or where the the other party. (Underlining supplied)
imposable penalty is prision mayor or higher, the release of
retirement benefits shall be through outright or direct pension. What is the general rule insofar as settlement agreements in
consideration of pension benefits partition between a
The retiree is likewise given the choice of availing his/her pensioner and his/her legal dependents is concerned?
retirement benefits after the resolution of the pending case. In
such cases, the retiree shall be required to execute an As a general rule, the benefits authorized under existing
affidavit waiving his rights under RA No 10154 and its resolution, except as provided therein, shall not be subject to
implementing rules and regulations. (Para 6, PNP attachment, garnishment, levy, execution or any act
Memorandum Circular No 2016-073) whatsoever, neither shall they be assigned, ceded or
conveyed to any other person. (Sec. 28, BOR No. 8).
Are personnel separated for cause entitled to pension
benefits? However, claims by retiree’s spouse supported by a
court order or settlement agreement in relation to a case for
The rule states that the benefits defined therein shall not non-support under RA No. 9262 directing the PNP to share a
accrue to uniformed personnel separated for cause except certain percentage of pension in favor of a complaining
when entitlement of such benefits is expressly adjudged by the spouse shall be processed by the PNP. (PNP MC No. 2015-031).
court or any competent authority. (Section 29, BOR No 8)
If a PNP member, who is eligible to avail of optional retirement,
From the foregoing, it appears that the general rule is is to participate as a candidate in a partisan election, what
that personnel separated for cause are not entitled to should he do to receive pension benefits?
retirement benefits.
Qualified PNP personnel who plans to run for an elective
For cause shall mean an action, such as the termination position, may be optionally retired provided such personnel
of a contract or a relationship of employment, that it is based file his/her application for irrevocable optional retirement at
any time before filing his/her certificate of candidacy. Should

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he/she fail to do so, he/she is considered automatically This penalty shall not apply if the release of the
resigned or “ipso facto resigned” in accordance with Batas retirement benefits could not be accomplished due to force
Pambansa Bilang 881. (Para 5, PNP MC No 20114-055) majeure and other insuperable causes. In such cases, the
thirty (30)-day period shall be counted from the time such
Which unit of the PNP is mandated to adjudicate concerns of cause(s) cease(s) to exist. (Section 5, RA No 10154)
retired personnel and their beneficiaries?
Reminder:
The PNP Retirement and Benefits Administration Service
Please be informed that the Directorate for
(PRBS), as a National Support Unit is mandated to adjudicate Comptrollership is currently consolidating all relevant data in the
and administer the retirement, separation, and death benefits formulation of the FY 2019 PNP Budget Proposal.
of PNP retirees and their dependents/legal beneficiaries.
(NAPOLCOM Resolution No 2010-202) In this regard, all personnel who intend to optionally retire
in 2019 must inform their respective heads of unit NLT March 9,
2018, for their names to be included in the list to be submitted for
What would be the liability of any person who shall cause the computation and budget allocation. (Memo Directive from TDC
unjustified delay in the release of pension benefits? dated 14 Feb 2018)

The unjustified failure and/or refusal to release the NOTE: Please visit our website: “www.legalservice.org.ph” for
more informative articles about police works.
pension, gratuities and other retirement benefits due to a
retiring government employee within the periods prescribed
above or to comply with any provision of this Act shall be a PNP P.AT.R.O.L. Plan 2030
“Peace and Order Agenda for Transformation
ground for the filing of administrative disciplinary action and upholding of the Rule Of Law”
against the erring officer(s) and/or employee(s). Such erring
officer(s) and/or employee(s) shall, after hearing and due
proceedings, be penalized with suspension from the service
without pay from six (6) months to one (1) year, at the
discretion of the disciplining authority.

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