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Wife still withdrawing GSIS pension of a deceased husband using HIS ATM card

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boybawang


Arresto Menor
Hello mga Attorneys!

My father(a retiree) died 11 months ago. But my mother (who has His ATM card) is continuously withdrawing my fathers monthly pension for almost a year now! I got the feeling it's not right but how should I explain to her considering she normally gets angry whenever I give an advice? What are the legal terms/procedure on this matter because I don't want her to get into trouble. Or is she now in trouble?

BTW my father died in a Hospital with a proper burial so I assume those institutions must have submitted his death certificate.

Thanks for the advice mga Attorneys!



Last edited by boybawang on Mon Feb 28, 2011 7:31 pm; edited 2 times in total (Reason for editing : more)

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attyLLL


moderator
well, it depends on the monthly pension terms, some do extend beyond death, but I'm sure all of them require to be notified if the pensioner has died.


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boybawang


Arresto Menor
thanks attyLLL

So what risk is my mother facing if she continues it for too long without informing GSIS? She keeps insisting she has the rights and gets angry about my warnings. What if she's detected? Is she going to jail? Oh God I dont want that happen!

thanks again sa advice

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attyLLL


moderator
ok, i looked at the gsis law, and it seems she is still entitled to a pension, but only at 50% of what was used to be received.

if she is caught, the pension will be stopped and she will be asked to return the excess.

i doubt gsis will prosecute, but the penalty is quite harsh if she is convicted, 6-12 years


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boybawang


Arresto Menor
Thank u so much 4 the effort AttyLLL

I have no background about LAW so I wish I have the reference link to scare her about the harsh penalty.

OK I made a quick Google search: Are you refering to GSIS penal provisions Sec 52 b?
http://www.ncrfw.gov.ph/index.php/laws-legislation-filipino-women/18-laws-economic-employment/108-republic-act-8291?start=9

It mentions penalty to defrauding another member or person... I doubt if my mother falls in that category because she's the spouse, beneficiary, & had my fathers consent to use his ATM card when he was alive and that's far from defrauding her husband. For that reason, do you think GSIS will be more considerate to my mother? because I now fear if ever she informs GSIS because it might hasten the prosecution knowing she has been doing that for 11 months long.


thanks ulit

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attyLLL


moderator
the provision includes the GSIS, and states:

“(b) Whoever shall obtain or receive any money or check invoking any provision of this Act or any agreement thereunder, without being entitled thereto with the intent to defraud any member, any employer, the GSIS, or any third party, shall be punished by a fine of not less than Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00) or by imprisonment of not less than six (6) years and one (1) day to twelve (12) years, or both, at the discretion of the court.
[u]

If she reports it now, I believe GSIS will be lenient but will require return of the excess payments.


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boybawang


Arresto Menor
Salamat po sa advice.
I'll talk to her about this.
cheers!

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Intjobserver


Arresto Menor
Hi boy bawang. Any updates on this please? What did GSIS do when you notified them? Thank you in advance

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