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PRESIDENTIAL DECREE NO. 1635
PRESIDENTIAL DECREE NO. 1635 -
EXTENDING RETIREMENT BENEFITS TO UNMARRIED SURVIVING CHILDREN OF
MAJORITY AGE, OR TO SURVIVING PARENTS, OR TO UNMARRIED BROTHERS AND
SISTERS OF MILITARY PERSONNEL WHO DIE IN LINE OF DUTY
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WHEREAS,
pursuant to the provisions of Section 3 of Republic Act Numbered 340,
as amended, only the surviving spouse and the minor and unmarried
legitimate, adopted or acknowledged natural children of retirable
military personnel who die in line of duty are entitled to receive
monthly pension, to the exclusion of surviving parents, unmarried
children of majority age, and unmarried brothers and sisters; chanroblesvirtualawlibrary
WHEREAS, under Presidential Decree No. 1044, the survivor beneficiaries
of military personnel who are not yet retirable, and who die in line of
duty, are the minor and unmarried surviving children, and the surviving
parents, to the exclusion of surviving unmarried children of majority
age and surviving unmarried brothers and sisters;chanroblesvirtualawlibrary
WHEREAS, under the new Civil Code, the right of inheritance in
intestate succession, in the absence of legitimate children and their
descendants and legitimate parents and ascendants, and illegitimate
children and their descendants, whether legitimate or illegitimate, is
extended to brothers and sisters and even to other collateral relatives
within the fifth civil degree even if there is a surviving
spouse; chanroblesvirtualawlibrary
WHEREAS, there are instances where unmarried military personnel who
dies in line of duty are survived only by their unmarried children of
majority age, or their parents, or unmarried brothers and sisters;chanroblesvirtualawlibrary
WHEREAS, in line with the concept of intestate succession extending the
right of inheritance to brothers and sisters in default of direct
descendants and ascendants, and to give meaning to the Filipino
tradition of family solidarity among parents and children and among
brothers and sisters, it is fitting and proper to include parents,
brothers and sisters as survivor beneficiaries of deceased military
personnel.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the power vested in me by the Constitution, do hereby
decree as part of the law of the land the following:cralaw:red
Section 1. The following provision shall be inserted
as Section 3-A of Republic Act Numbered three hundred and forty, as
amended:cralaw:red
"Sec. 3-A. Upon the death of an officer or enlisted
man who would, at the time he dies, be entitled to retire under Section
one of Republic Act No. 340, as amended or to separation under
Presidential Decree No. 1044, but without any beneficiary who is
eligible to receive retirement pension or benefits thereunder, his
unmarried surviving legitimate, adopted or acknowledged natural
children, who have reached twenty-one years of age, or in their
absence, his surviving parent or parents, or in default thereof, his
surviving unmarried brothers and sisters, shall be entitled to receive
in equal shares a gratuity equivalent to one month of his base and
longevity pay on the date of his death for every year of service to be
payable in one lump sum." chanroblesvirtualawlibrary
Section 2. This Decree shall take effect upon
approval, provided that the benefits herein granted shall extend to the
beneficiaries of military personnel who died in line of duty or in
after the declaration of Martial Law on September 21, 1972.
Done in the City of Manila,
this 24th day of August in the year of Our Lord, nineteen hundred and
seventy-nine.
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