Section 1. The title of Republic Act Numbered One Hundred and
Thirty-six is hereby amended to read as follows:
"An Act Providing for the Immediate Payment of Monies Due to Deceased
or Incompetent Filipino Members of the United States Army, United
States Navy, or Philippine Scouts; to Deceased or Incompetent Members
of the Philippine Army, including Duly Recognized Guerrilla
Organizations, of any Nationality; to Deceased or Incompetent Civilian
Employees of the War and Navy Departments and other Departments of the
United States Government and of the Philippine Army; And to Deceased or
Incompetent Civilians with Claims for Supplies Furnished or Services
Rendered Under the Laws of the United States and/or to the Philippine
Army, and for other purposes."
Sec. 2. Section one of Republic Act Numbered One
hundred and thirty-six is hereby amended to read as follows:
"Section 1. Monies under the laws of the United
States and of the Philippines due to deceased or incompetent Filipinos
who were members of the United States Army, United States Navy, or the
Philippine Scouts; to deceased or incompetent members of the Philippine
Army, including duly recognized guerrilla organizations, of any
nationality; and to deceased or incompetent civilian employees of the
War and Navy Departments or of other Executive Departments and
independent establishments of the United States Government and of the
Philippine Army, as well as amounts due to estates of deceased or
incompetent civilians representing claims of supplies furnished or
services rendered under the laws of the United States and/or to the
Philippine Army, the said deceased being domiciled in the Philippines
at the time of their death, shall be administered by the Judge Advocate
General of the Armed Forces of the Philippines, or his duly authorized
representatives.cralaw
"The term "monies" shall be understood to mean (1) arrears in pay and
allowances, including salaries, quarters allowances, bonuses and any
other cash allowance to which the deceased might have been or would be
lawfully entitled; (2) all amounts due to the estates of deceased
civilians for supplies furnished or services rendered under the laws of
the United States and/or to the Philippine Army; (3) accrued retirement
and insurance proceeds which upon the deaths of the individuals
mentioned in section one of this Act became part of their estates, and
(4) deposits.cralaw
"For the purposes of this Act, the term "incompetent" includes any of
the persons specified in Rule 93, section 2 of the Rules of Court, and
the term "monies" as defined above includes those due to such
incompetent."
Sec. 3. Section three of Republic Act Numbered One
hundred and thirty-six is hereby amended to read as follows:
"Sec. 3. The Judge Advocate General or his
representative shall proceed to ascertain by the best means within his
power the names and residences of the persons who are lawfully entitled
to the monies referred to in this Act, and pursuant to the evidence
submitted shall summarily distribute the same to said legal heirs as of
the time of final decree of distribution in accordance with the
provisions of the Civil Code regarding succession: Provided, however,
That in the distribution of the estate under this Act, the usufructuary
rights granted to the surviving spouse by the Civil Code shall not
apply: Provided, further, That in the case of inheritance subject to
"reserva troncal", the obligation to reserve will not be imposed on the
"reservista" except in the said "reservista" dies before receiving
payment of the claim: And provided, finally, That in order to expedite
the disposition of the monies referred to in this Act, where the
evidence does not strictly conform with the statutory requirements,
subject to the limitations imposed by section eight of this Act, the
Judge Advocate General is empowered to pass upon the sufficiency of
evidence of heirship."
Sec. 4. Section seven of Republic Act Numbered One
hundred and thirty-six is hereby amended to read as follows:
"Sec. 7. Where monies under this Act are due to any
incompetent, whether as the person primarily entitled thereto or as a
legal heir, the Judge Advocate General or his duly authorized
representative shall proceed to determine and appoint by the most
expeditious manner consistent with the best interests of the
incompetent the individual best qualified to be his guardian. The
guardian so appointed shall receive and administer the monies for his
ward and discharge his duties in accordance with the instructions and
orders of the Judge Advocate General or his representative. For the
purpose of this section, the Judge Advocate General or his
representative may require and pass upon such evidence as he deems
necessary and proper to determine the incompetence of the person for
whom a guardian is to be appointed and the qualifications of any
individual to act as his guardian: Provided, however, That the widow,
and in case of her inability, the eldest child if of age, shall be
given the preference in the appointment of such guardian: Provided,
further, That before a guardian appointed hereunder enters upon the
execution of said trust, he or she may be required to give a bond, in
such sum as the Judge Advocate General or his representative may
direct, and under such conditions as he may prescribe."
Sec. 5. Section eight of Republic Act Numbered One
hundred and thirty-six is hereby amended to read as follows:
"Sec. 8. Whenever a dispute arises as to who of two
or more claimants are the legal heirs of the deceased, the Judge
Advocate General or his representatives shall suspend the summary
distribution of the monies until the courts shall have finally decided
the controversy in an action for interpleading under Rule fourteen of
the Rules of Court: Provided, however, That cases falling under this
section shall be decided within a period of ninety days from the date
that the interpleader is presented before a competent court: Provided,
further, That complaints for interpleading presented pursuant to this
section shall be exempt from the payment of all filing fees, legal fees
and costs."
Sec. 6. Section nine of Republic Act Numbered One
hundred and thirty-six is hereby amended to read as
follows:
"Sec. 9. If at any time pending the final
distribution or payment of the monies an administrator of the estate of
the deceased or a guardian for the incompetent shall have been duly
appointed by a court of competent jurisdiction, the Judge Advocate
General or his representative shall nevertheless proceed to the final
summary payment of the monies to the heirs of the deceased or the
guardian appointed by him in the case of an incompetent: Provided, That
if the deceased died leaving a will which covers only the monies as
defined in this Act, only the Judge Advocate General shall proceed to
probate said will: Provided, further, That if the will covers other
properties of decedent, besides monies as aforementioned, the latter
shall be paid by the Judge Advocate General in accordance with the will
as probated and legalized by competent courts."
Sec. 7. This Act shall take effect upon its
approval.cralaw
Approved: June 1, 1948
|