Search for www.chanrobles.com
|REPUBLIC ACT NO. 573 - AN
ACT TO PROVIDE FOR THE ORGANIZATION, EQUIPPING AND MAINTENANCE OF A
PHILIPPINE EXPEDITIONARY FORCE FOR SERVICE IN THE ENFORCEMENT OF UNITED
NATIONS SANCTIONS AND POLICIES, TO PRESCRIBE RATES OF PAY AND
ALLOWANCES FOR OFFICERS AND ENLISTED MEN OF THE ARMED FORCES OF THE
PHILIPPINES WHILE ENGAGED IN SUCH SERVICE, TO ESTABLISH COMPENSATION
FOR DEATH OR DISABILITY IN CONNECTION THEREWITH, APPROPRIATING FUNDS
FOR THE FOREGOING PURPOSES, AND FOR OTHER PURPOSES
I. — PRELIMINARY PROVISIONS
Section 1. Short title. — This Act may be cited as the "Philippine Militaryd to the United Nations Act".
Sec. 2. Declaration of policy. — In enacting this legislation, it is the intent of the Congress to provide for the immediate organization of a Philippine Expeditionary Force, to include Ground,r or Naval Units of such strength and composition, as the President may determine for service in cooperation with the United Nations fighting in Korea to make special provisions governing the pay, allowances and other privileges of officers and enlisted men by reason of the hazards incident to such service; and to provide effective and adequate material and financial support for the combat force above referred to.
Sec. 3. Applicability; definitions. — The provisions of this Act shall apply only to officers and enlisted men of the Armed Forces of the Philippines serving as members of the Philippine Expeditionary Force hereinabove referred to, and the words "officer/officers" and "enlisted man/men" when used in this Act shall refer exclusively to the officers and enlisted men above mentioned, unless the context of a particular provision clearly indicates that a different sense is intended. The term "service overseas" or "serving overseas" when used in this Act shall include any period of service commencing from the date of departure from the Philippines for service in foreign territory and terminating with the individual's disembarkation or landing on Philippine soil: Provided, That when an individual is authorized to return to the Philippines temporarily he shall be deemed to be rendering service overseas during the period of his temporary stay not exceeding fifteen days.
II. — PAY AND ALLOWANCES
Sec. 4. Additional pay for overseas duty. — (a) In addition to their monthly base pay officers and enlisted men shall, on account of service overseas as members of the Philippine Expeditionary Force hereinabove referred to, receive additional pay as follows:
(1) Overseas pay. — Officers shall, while serving overseas, receive additional pay equivalent to their base pay. Enlisted men shall, while serving overseas, receive additional pay equivalent to double the amount of their base pay and quarters allowance: Provided, That enlisted men shall not, while receiving overseas pay under the provisions of this subsection, be entitled to additional pay for hazardous duty provided for in Sec. 89 of the National Defense Act, as amended by Republic Act Numbered Three hundred fifteen.
(2) Longevity pay. — Reserve officers shall, while serving overseas as members of the Philippine Expeditionary Force, receive longevity pay as provided by law for regular officers. Their periods of active service as reserve or recognized guerrilla officers shall be counted in the computation of their longevity pay the provisions of any existing law to the contrary notwithstanding.
(3) Overseas duty bonus. — Upon return to the Philippines of any enlisted man from service overseas he shall receive an overseas duty bonus of one hundred pesos (P100): Provided, That payment of the overseas duty bonus shall not be made to any person more than once: Provided, further, That no payment of the bonus shall be made to any person who has been found guilty of a violation of Articles of War (Commonwealth Act 408, as amended) 59, 60, 67, 76, 77, 78, 79, 82, 83, 87 or 93, or is awaiting trial by court-martial for violation of such articles, or is returned to the Philippines for discharge under conditions other than honorable.
(b) Except as otherwise specifically provided in this section, officers and enlisted men receiving additional pay as hereinabove provided shall not be disqualified from receiving other additional pay to which they may be entitled under laws and regulations of general application to officers and/or enlisted men of the Armed Forces of the Philippines.
Sec. 5. Allowances. — Officers and enlisted men shall be entitled to rations, barracks accommodations, medical attendance, clothing and subsistence and quarters allowance as are provided by laws and regulations of general application to commissioned and enlisted personnel of the Armed Forces of the Philippines. They shall be furnished adequate winter and other protective clothing and additional rations or subsistence allowance as may be provided in appropriations for this purpose.
III. — COMPENSATION FOR DEATH AND DISABILITY
Sec. 6. Death gratuity. — (a) Upon the death of an officer or enlisted man as the proximate result of wounds or injuries received or sickness or disease contracted or aggravated in line of duty while serving overseas, the surviving widow and/or legitimate, legitimated and/or acknowledged natural children of the deceased shall receive, in equal shares, a gratuity equivalent to five thousand pesos (P5,000) to be paid in lump sum. In the absence of a widow or legitimate, legitimated or acknowledged natural child at the time of the decedent's death, the gratuity shall be paid to the other legal heirs of the deceased in the order of intestate succession and as stated in the succeeding provision.
The foregoing provisions shall be applicable only in the absence of a will executed by the deceased, otherwise the provisions thereof shall be enforced in accordance with the civil law.
(b) Payment of the gratuity herein provided shall be directed by the Commanding General, Armed Forces of the Philippines, upon a determination by him of the line of duty and service connection of the decendent's death within the scope of this Act, and after The Judge Advocate General of the Armed Forces of the Philippines shall have made a determination in each case of the person or persons entitled to receive payment of the gratuity and the amount of their respective shares therein. In making such determination, The Judge Advocate General shall be governed by so much of the provisions of Republic Act Numbered One hundred thirty-six, as amended by Republic Act Numbered Two hundred nine, as are not in conflict with any provision of this Act.
(c) For the purposes of this section, the causative wounds, injuries, sickness or disease shall be presumed to have been received or contracted, or aggravated, in line of duty in the absence of evidence clearly showing the contrary.
(d) The death gratuity herein provided shall be paid in addition to the retirement and other benefits payable under existing laws on account of the decendent's death: Provided, That in computing the amount of such benefits, additional pay and allowances for service overseas shall not be considered.
Sec. 7. Disability pension. — (a) For disability which is the proximate result of wounds or injuries received or sickness or disease contracted in line of duty while engaged in service overseas, the Republic of the Philippines will pay to the officer or enlisted man so disabled, and who is honorably discharged or separated from the active military service by reason of such disability, a pension in accordance with the rates specified below:
(1) If and while the disability is rated 25 per centum, the monthly pension shall be P30
(2) If and while the disability is rated 50 per centum, the monthly pension shall be P60
(3) If and while the disability is rated 60 per centum, the monthly pension shall be P70
(4) If and while the disability is rated 70 per centum, the monthly pension shall be P80
(5) If and while the disability is rated 80 per centum, the monthly pension shall be P90
(6) If and while the disability is rated 90 per centum, the monthly pension shall be P100
(7) If and while the disability is rated total, the monthly pension shall be P110, unless otherwise provided in the succeeding paragraphs.
(8) If the disabled person has suffered the anatomical loss or the loss of use of only one hand, or one foot, or blindness of one eye, having only light perception, the rate of the applicable pension under the foregoing paragraphs shall be increased by P35 per month.
(9) If the disabled person has suffered the anatomical loss or the loss of use of both hands, or of both feet, or of one hand and one foot, the total monthly pension shall be P185.
(10) If the disabled person has suffered the anatomical loss or the loss of use of both hands and one foot, or of both feet and one hand, or if the disabled person is blind in both eyes, having only light perception, the monthly pension shall be P200.
(11) If the disabled person is blind in both eyes, having only light perception, and has suffered the anatomical loss or loss of the use of one hand or one foot, the monthly pension shall be P215.
(b) For the purposes of this section, any officer or enlisted man shall be deemed to have been in sound physical and mental condition at the time of his departure for service overseas except as to defects, infirmities, disorders or diseases noted and made of record at the time of, or within one month immediately prior to, such departure, or except where the evidence or medical judgment clearly warrants a finding that the wound, injury, disease or sickness existed prior to departure for service overseas. Wounds or injuries received, or sickness or disease contracted while serving overseas shall be presumed to have been received or contracted in line of duty in the absence of evidence clearly showing the contrary.
(c) The fact that an officer or enlisted man has been discharged or separated from the active service prior to the determination of his entitlement to pension under this Act shall not prevent the payment of pension to said officer or enlisted man if the evidence or medical judgment clearly shows that the causative wound, injury, sickness or disease was received or contracted while serving overseas, and provided that such discharge or separation from the active service shall have been honorable.
(d) The Chairman of the Philippine Veterans Board is hereby charged with administering the provisions of Sec. 7 of this Act, and with making all necessary determinations and payments thereunder. Determinations and redeterminations of entitlement to disability pension; of the several degrees of disability corresponding to each rate of pension specified in subsection (a) of this section; and of any other matter for purposes of carrying out the full purpose and intent of this section shall be made in accordance with rules and regulations prescribed from time to time by the Chairman of the Philippine Veterans Board with the approval of the Secretary of National Defense.
(e) The disability pension shall be paid in addition to the retirement and other benefits to which the disabled person may be entitled under existing laws on account of his disability: Provided, That in computing the amount of such benefits, additional pay and allowance for service overseas shall not be considered.
IV. — APPROPRIATIONS
Sec. 8. (a) For carrying out the full purpose and intent of this Act the following sums are hereby appropriated out of any funds in the National Treasury not otherwise appropriated:
PAY AND ALLOWANCES
1. Pay and commutation of quarters for
officers and enlisted men, including
longevity and overseas duty pay P2,905,500.00
2. Overseas duty bonus at P100 per
enlisted man returning from service
3. Subsistence of officers and enlisted
men at P2 per day 732,500.00
4. Pay and allowances of personnel
replacements at home 1,395,600.00
Total for pay and
COMPENSATION FOR DEATH AND DISABILITY
5. Death gratuity P2,512,500.00
6. Disability pension 627,200.00
Total for compensation for death
and disability P3,139,700.00
ARMAMENT, EQUIPMENT AND SUPPLIES
7. Purchase of initial engineer, medical,
ordinance, quartermaster and signal
supplies and equipment P8,000,000.00
8. Transportation P445,700.00
9. Temporary shelter 157,000.00
10. Training requirements 1,000,000.00
11. Recreational and welfare activities 35,000.00
Total for sundry expenses P1,637,700.00
Total for pay and allowances P5,178,000.00
Total for compensation for death
and disability 3,139,700.00
Total for armament, equipment and
Total for sundry expenses 1,637,700.00
(b) The sums hereinabove appropriated shall be expended with the approval of the President.
(c) The provisions of any law to the contrary notwithstanding, the President shall be and is hereby authorized to transfer funds from one item or purpose to another, except that no item or part thereof shall be transferred to item 11 of Sec. 8 of this Act: Provided, That nothing herein shall be construed as authorizing the expenditure of funds herein appropriated for any purpose, activity or entity not directly pertaining to the PHILIPPINE EXPEDITIONARY FORCE provided for in this Act.
Sec. 9. Any reserve officer included in this expeditionary force, shall, upon his acceptance, be integrated into the regular force. His status, rank, date of rank, and the position he will occupy in the proper promotion list shall be in accordance with the provisions of Republic Act No. 207 as implemented by the Executive Orders promulgated pursuant to such Act: Provided, That such integration may be posthumous: Provided, further, That the provisions of this section shall not apply to any such reserve officer until his departure from the Philippines: Provided, finally, That not more than fifty per centum of the officers included in this expeditionary force shall be reserved officers.
V. — FINAL PROVISIONS
Section 10. Nothing in this Act shall operate or be construed to reduce the pay and allowances of any officer or enlisted man.
Section 11. This Act shall take effect upon its approval.
Approved: September 7, 1950