WHEREAS,
there is an imperative need to improve and consolidate the various laws
pertaining to the retirement of members of the Armed Forces of the
Philippines;chanroblesvirtualawlibrary
WHEREAS, Republic Act Numbered Three Hundred and Forty, as amended,
causes the premature compulsory retirement of those who are purposely
educated and trained by the government to be professional military
personnel;chanroblesvirtualawlibrary
WHEREAS, the early retirement of military personnel denies the Armed
Forces of the Philippines of the full economical utilization of the
services of well-experienced, highly trained, and mature military
executives; chanroblesvirtualawlibrary
WHEREAS, the present retirement system does not afford to all officers
equal opportunity for promotion to higher rank and position;chanroblesvirtualawlibrary
WHEREAS, it is for the good of the services to retain for optimum
utilization of their services all military personnel with proven
leadership and professional competence;chanroblesvirtualawlibrary
WHEREAS, world history attests to the fact that many political, social,
economic and military leaders are men mature in experience and
age. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, do hereby
decree the following as part of the law of the land:cralaw:red
TITLE I — Short Title
Section 1. This Decree shall be known as the AFP
Military Personnel Retirement and Separation Decree of 1979.
TITLE II — Applicability
Section 2. This Decree shall apply to all military
personnel in the service of the Armed Forces of the Philippines.
TITLE III — Retirement
Section 3. For the purpose of this Decree active
service of a military person shall mean active service rendered by him
as a commissioned officer, enlisted man, cadet, probationary officer,
trainee or draftee in the Armed Forces of the Philippines and service
rendered by him as a civilian official or employee in the Philippine
Government prior to the date of his separation or retirement from the
Armed Forces of the Philippines, for which military and/or civilian
service he shall have received pay from the Philippine Government
and/or such others as may hereafter be prescribed by law as active
service; Provided, That for purposes of retirement, he shall have
rendered at least ten (10) years of active service as an officer or
enlisted man in the Armed Forces of the Philippines; and Provided
further, That no period of such civilian government service longer than
his active military service shall be credited for purposes of
retirement. Service rendered as a cadet, probationary officer, trainee
or draftee in the Armed Forces of the Philippines may be credited for
retirement purposes at the option of the officer or enlisted man
concerned, subject to such rules and regulations as the Minister of
National Defense shall prescribe. chanroblesvirtualawlibrary
Section 4. Upon accumulation of at least twenty (20)
years of satisfactory active service, an officer or enlisted man may,
at his own request and with the approval of the President, be retired
from the active military service.
Section 5. a. Upon attaining sixty (60) years
of age with at least fifteen (15) years of active service, or upon
accumulation of thirty (30) years of satisfactory active service,
whichever is earlier, a military person shall be compulsorily retired
unless his continued service is, in the opinion of the President,
required for the good of the service: Provided, That the compulsory
retirement of an officer serving in a statutory position shall be
deferred until completion of the prescribed tour of duty.
b. Notwithstanding the provisions of Secs. 3 &
5.a. military personnel in the active service, who otherwise will
retire compulsory under Section 1(b) of Republic Act Numbered Three
Hundred and Forty, as amended, during the first, second, third and
fourth calendar year of the effectivity of this Decree, shall be
retired compulsorily under this Decree on the dates they shall complete
an additional period of service of one, two, three and four years,
respectively. chanroblesvirtualawlibrary
Section 6. An officer or enlisted man with at least
twenty (20) years of accumulated satisfactory service who dies in line
of duty, shall be considered retired for survivorship benefits this
Decree. chanroblesvirtualawlibrary
Section 7. An officer or enlisted man who, having
accumulated at least twenty (20) years of active service, incurs total
permanent physical disability in line of duty shall be compulsorily
retired.
Section 8. An officer or enlisted man who, having
accumulated at least twenty (20) years of active service, incurs
physical disability in line of duty other than total permanent, may, at
his option, be retired.
Section 9. Military personnel covered under the
provisions of Title III shall be retired in the grade next higher than
the permanent grade last held except officers in the permanent grade of
Colonel/Captain (PN) or higher.
TITLE IV — Separation
Section 10. Effective six (6) years after the
approval of this Decree, officers in the permanent grades of Captain,
Major and Lieutenant Colonel, or their equivalent, shall be separated
in accordance with the provisions of existing laws upon completing five
(5), six (6) and seven (7) years of active commissioned
service-in-grade, respectively, or upon attaining thirty-three (33),
thirty-nine (39) and forty-six (46) years of age, respectively,
whichever is later: Provided, That the President may lengthen such
active service-in-grade when necessary to maintain the desirable
officer rank structure and/or enhance a progressive professional
development of the officer corps: Provided, further, That an officer
with at least twenty (20) years of active service shall be retired in
the grade next higher than the permanent grade he holds.
Section 11. An officer referred to and found By the
AFP Efficiency and Separation Board not fit for retention in the
service because of substandard performance, low potentiality, doubtful
integrity and/or acts inconsistent with the best interest of the
service shall be separated in the permanent grade he holds subject to
the approval of the President. chanroblesvirtualawlibrary
Section 12. An officer in the grade of Second
Lieutenant/Ensign (PN) who is deferred once, or an officer in the grade
above that of Second Lieutenant/Ensign (PN) but below that of
Colonel/Captain (PN) who is deferred twice for promotion to the same
next higher grade shall be separated in the permanent grade he holds on
the first day of the third month later after the President shall have
approved the promotion of officers recommended by the Selection Board
which recommended the deferment of such an officer for the first or
second time, as the case may be.
Section 13. An officer or enlisted man with less than
twenty years of active service who dies in line of duty or on account
of any wound, injury or illness contracted in line of duty shall be
considered separated from the service in the next higher grade for
survivorship benefits under this Decree.
Section 14. An officer or enlisted man with less than
twenty years of active service who incurs in line of duty total in
permanent physical disability shall be separated from the service in
the next higher grade than the permanent grade he holds except as
provided Section 9.
Section 15. An officer or enlisted man who incurs in
line of duty physical disability other than total permanent before
completion twenty years of active service may, at his option, be
separated from the service in the grade next higher than the permanent
grade he holds except as provided in Section 9.
Section 16. An officer may resign his commission and
shall be separated from the service upon acceptance by the President of
such resignation. chanroblesvirtualawlibrary
TITLE V — Retirement and Separation Benefits
Section 17. When an officer or enlisted man is
retired from the Armed Forces of the Philippines under the provisions
of this Decree, he shall, at his option, receive a gratuity equivalent
to one (1) month of base and longevity pay of the grade next higher
than the permanent grade last held for every year of service payable in
one (1) lump sum or a monthly retirement pay equivalent to two and
one-half percent (2 ½%) for each year of active service
rendered, but not exceeding eighty-five percent (85%) of the monthly
base and longevity pay of the grade next higher than the permanent
grade last held: Provided, That an officer retired under Section 11 or
12 shall be entitled to benefits computed on the basis of the base and
longevity pay of the permanent grade last held: Provided, further That
such retirement pay shall be subject to adjustment on the prevailing
scale of base pay of military personnel in the active service:
Provided, furthermore, That when he retires, he shall be entitled, at
his option, to receive in advance and in lump sum his annual retirement
pay for the first three (3) years and thereafter receive his annual
retirement pay payable in equal monthly installment as they accrue:
Provided, finally, That if he dies within the three-year period
following his retirement and is survived by beneficiaries as defined in
his Decree, the latter shall only receive the derivative benefits
thereunder starting the first month after the aforecited three-year
period. Nothing in this Section shall be construed as authorizing
adjustment of pay, or payment of any differential in retirement pay to
officers and enlisted men who are already retired prior to the approval
of this Decree as a result of increases in salary of those in the
active duty may have their retirement pension adjusted based on the
rank they hold and on the prevailing pay of military personnel in the
active service, at the time of the termination of their recall to
active duty.
Section 18. The survivors of an officer or enlisted
man retired under Section 4, 5, 8, or 10 or of an officer with at least
twenty (20) years of service separated under Section 11 or 12 shall be
entitled to a monthly annuity equivalent to seventy-five percent (75%)
of his monthly retirement pay which he was receiving to be divided
among them in equal shares and with the right of accretion. chanroblesvirtualawlibrary
Section 19. An officer or enlisted man separated
under Section 14 of this Decree shall be entitled to a monthly life
annuity the amount of which shall be fifty per centum of the base and
longevity pay computed on the basis of his separation grade: Provided,
That in the case of an officer in the grade of Colonel/Captain (PN) and
higher, the basis of computation of his separation grade: Provided
further, That such monthly annuity shall not be less than two hundred
pesos (P200.00).
Section 20. An officer with less than twenty years of
accumulated active service separated under Section 10, 11, 12 or 16
shall be entitled to a separation pay equivalent to one month base and
longevity pay of the permanent grade he holds for every year of active
service.
Section 21. An officer or enlisted man with less than
twenty (20) years of accumulated active service separated under Section
15 shall be entitled to a separation pay equivalent to one month base
and longevity pay of his separation grade for every year of active
service: Provided, That in the case of an officer in the grade of
Colonel/Captain (PN) and higher, the basis of computation of his
separation grade shall be in the grade next higher than his separation
grade.
Section 22. The survivors of an officer or enlisted
man retired under Section 6 or 7 or separated under Section 13 or 14
shall be entitled to a monthly annuity equivalent to fifty per centum
of his base and longevity pay based on his separation grade to be
divided among them in equal shares and with the right to accretion:
Provided, That in the case of survivors of an officer in the grade of
Colonel/Captain (PN) and higher, the basis of computation of their
annuity shall be in the grade next higher than his separation
grade. chanroblesvirtualawlibrary
Section 23. An officer on enlisted man retired under
Section 7 or separated under Section 14 shall receive, in addition to
benefits under Section 17 or Section 19, a monthly disability pension
of two hundred pesos (P200.00)
Section 24. An officer or enlisted man retired under
Section 8 or separated under Section 15 for disability which is the
proximate result of wounds or injuries received or sickness or disease
incurred in line of duty shall receive in addition to benefits under
Section 17 or 21, as the case may be, disability pension fixed as
follows:cralaw:red
a. If and while the disability is rated 25 per centum
the monthly pension shall be P50.00.
b. If and while the disability is rated 50 per centum
the monthly pension shall be P100.00.
c. If and while the disability is rated 60 per centum
the monthly pension shall be P120.00.
d. If and while the disability is rated 70 per centum
the monthly pension shall be P140.00.
e. If and while the disability is rated 80 per centum
the monthly pension shall be P160.00.
f. If and while the disability is rated 90 per centum
the monthly pension shall be P180.00.
g. If and while the disability is rated 100 per
centum the monthly pension shall be P200.00.
TITLE VI — General Provisions
Section 25. For the purposes of this Decree. —chanroblesvirtualawlibrary
a. Total permanent physical disability shall means
the anatomical loss or the permanent loss of use of both hands, of both
feet, of both eyes, of both ears or any combination, or loss of mental
faculties. The degree of physical disability shall be as determined by
medical board created for the purpose. chanroblesvirtualawlibrary
b. Survivors shall mean —chanroblesvirtualawlibrary
(1) Surviving spouse if married to the deceased prior
to the latter's retirement/separation and not legally separated by
judicial decree from the deceased issued on grounds not attributable to
said spouse: provided, That entitlement to benefits shall terminate
upon the re-marriage of said spouse.
(2) Surviving children of an officer or enlisted man
born of his marriage contracted prior to his retirement/separation from
the service, and children, adopted or acknowledged, while the deceased
parent was still on active military service: Provided, That entitlement
to benefits shall terminate when such children attain twenty-one (21)
years of age or get married.
(3) In default of those mentioned in paragraph b(1)
and (2), above, 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. chanroblesvirtualawlibrary
c. Line of duty shall mean that the death, illness or
injury incurred was not due to misconduct, willful failure, the
intemporate use of drugs or alcoholic liquor or vicious or immoral
habits.
d. A year of active service shall mean twelve (12)
months. chanroblesvirtualawlibrary
Section 26. Retired military personnel receiving
monthly pension shall to contribute to the AFP Retirement and
Separation Benefit System in the amount equivalent to four percent (4%)
of the base and longevity pay of the last permanent grade he holds
before retirement for a period equivalent to the length of service
rendered as a civilian official or employee of the Philippine
Government credited for purposes of retirement during which he did not
contribute to the AFP Retirement and Separation Benefit System from the
date Presidential Decree Three Hundred Sixty One took effect. Such
contribution shall be deducted from his monthly retirement pay.
Section 27. Military personnel retired under Sections
4, 5, 10, 11 and 12 shall be carried in the retired list of the Armed
Forces of the Philippines. The name of a retiree who loses his Filipino
citizenship shall be removed from the retire list and his retirement
benefits terminated upon such loss.
Section 28. An officer or enlisted man carried in the
retired list shall be subject to the Articles of War and may be
recalled to active duty in the permanent grade he last held before
retirement by the President at anytime. His refusal to perform such
duty shall be a ground for court-martial action under Article 97 of the
Articles of War and subsequent termination of payments of benefits as
determined by the court.
Section 29. When called to active duty, a retiree
shall receive the pay and allowances of the permanent grade he last
held and shall continue to be carried in the retired list and shall be
eligible for promotion in the retired list as long as the remains in
active status: Provided, That such retiree shall be promoted to the
next higher grade in accordance with pertinent rules and
regulations. chanroblesvirtualawlibrary
Section 30. Military personnel retired or separated
under Section 4, 5, 6, 7, 8, 10, 11, 12, 13 or 15 and their dependents
shall be entitled to the same privileges as military personnel on
active duty and their dependents. The Minister of National Defense
shall prescribe rules and regulations necessary to implement this
Section.
Section 31. The benefits authorized under this
Decree, except as provided herein, shall not be subject to attachment,
garnishment, levy, execution or any tax whatsoever; neither shall they
be assigned, ceded, or conveyed to any third person: Provided, That if
a retired or separated officer or enlisted man who is entitled to any
benefit under this Decree has unsettled money and/or property
accountabilities incurred while in the active service, not more than
fifty per centum of the pension gratuity or other payment due such
officer or enlisted or his survivors under this Decree may be withheld
and be applied to settle such accountabilities.
Section 32. The benefits authorized under this Decree
shall accrue to military personnel separated by court martial action
except when non-entitlement of such benefits is expressly adjudged by
the military court and approved by the approving authority.
Section 33. Nothing in this Decree shall be construed
in any manner to reduce whatever retirement and separation pay or
gratuity or other monetary benefits which any person is heretofore
receiving or is entitled to receive under the provisions of existing
law.
Section 34. Any person found to have participated
directly or indirectly in the commission of fraud, falsification,
misrepresentation of facts, collusion or any similar anomaly in the
issuance of any certificate or document for any purpose connected with
this Decree shall upon conviction be punished by a fine of not less
than the amount defraud but not more than threefold such amount and/or
imprisonment of not less than six (6) months and one (1) day to six (6)
years and perpetual disqualification from holding public office and
from practicing any profession or calling licensed by the government.
Section 35. Except those necessary to give effect to
the provisions of this Decree and to preserve the rights granted to
retired or separated military personnel, all laws, rules and
regulations inconsistent with the provisions of this Decree are hereby
repealed or modified accordingly. chanroblesvirtualawlibrary
Section 36. This Decree shall take effect upon its
approval.
Done in the City of Manila,
this 10th day of September, in the year of Our Lord, Nineteen Hundred
and Seventy-Nine.
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