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PRESIDENTIAL DECREE NO. 1044
PRESIDENTIAL DECREE NO. 1044 -
INCREASING THE BENEFITS OF MILITARY PERSONNEL WHO BECOME PHYSICALLY
DISABLED OR DIE IN LINE OF DUTY BEFORE COMPLETING 20 YEARS OF ACTIVE
SERVICE
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WHEREAS,
pursuant to Proclamation No. 1081, dated September 21, 1972 and
Proclamation No. 1104, dated January 17, 1973, martial law is in effect
throughout the land;chanroblesvirtualawlibrary
WHEREAS, it is to the best interest of the military service in
particular and to the country in general to insure the welfare of those
who are serving in the Armed Forces of the Philippines;chanroblesvirtualawlibrary
WHEREAS, benefits authorized under Republic Act No. 340, as amended, to
an officer or enlisted person who may incur physical disability or dies
in line of duty before completing twenty years of active service is
deemed inadequate;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all Armed Forces of the Philippines, and pursuant
to Proclamation No. 1104, dated January 17, 1973, and General Order No.
1, dated September 22, 1972, as amended, do hereby order and decree as
part of the law of the land the following:cralaw:red
Section 1. Separation due to physical disability
incurred in line of duty —chanroblesvirtualawlibrary
a. Any officer or enlisted person who incurs total
permanent physical disability in line of duty before completing twenty
years of active service shall be compulsorily separated from the
service in the next higher grade than the permanent grade last held.
For purposes of this Decree, "total permanent physical disability"
shall mean the anatomical loss, or the permanent loss of use of the one
hand or both hands, or of one hand or both hands, or of one foot or
loss of both feet or both legs or one eye or both eyes having only
light perception, or mental faculties.
b. Any officer or enlisted person who incurs physical
disability in line of duty other than total permanent disability as
defined above, before completing twenty years of active service, shall
be compulsorily separated from the service in the next higher grade
than the permanent grade then held.
c. Any trainee or draftee who incurs physical
disability in line of duty shall be separated from the service in the
grade of Private.
d. The degree of physical disability shall be
determined by a Medical Board, to be created for the purpose, of the
military hospital which provided medical treatment to the military
personnel concerned. chanroblesvirtualawlibrary
Section 2. Separation due to death in line of duty. —
An officer or enlisted person who dies in line of duty before
completing twenty years of active service shall be considered as
separated under Section 1a.
Section 3. Benefits due upon separation by reason of
physical disability incurred in line of duty.
a. Any officer or enlisted person who incurs total
permanent physical disability in line of duty before completing twenty
years of active service under Section 1 of this Act 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 the next higher
grade than the permanent grade last held at the time of its separation.
Provided, That nothing herein shall prevent any officer or enlisted
person from claiming benefits under Republic Act 340, as amended, in
lieu of the benefits herein provided if the former are advantageous to
him.
b. Any officer or enlisted person who incurs in line
of duty physical disability other than total permanent disability
before completing twenty years of active service shall be entitled to
separation pay equivalent to one month's base and longevity pay for
every year of active service rendered computed on the basis of the next
higher grade than the permanent grade last held at the time of
separation and payable in one lump sum which in no case shall be less
than six months of such pay. Provided, That nothing herein shall
prevent any officer of enlisted person from claiming benefits herein
provided if the former are advantageous to him.
c. Any trainee or draftee who incurs total permanent
physical disability in line of duty shall be entitled to a monthly life
annuity the amount of which shall be fifty per centum of the monthly
base pay of a private in the regular Force. chanroblesvirtualawlibrary
d. Any trainee on service tour or draftee who incurs
in line of duty physical disability other than total permanent
disability shall be entitled to a separation pay equivalent to one
month's base pay for every year of active service rendered, computed on
the basis of the grade of a Private in the regular Force, payable in
one lump sum which in no case shall be less than three (3) months,
provided that the period of six (6) months shall be considered as one
(1) year.
e. The benefits provided in this Section shall be in
addition to the disability benefits provided in Republic Act Numbered
Six Hundred Ten as amended by Republic Act Numbered Five Thousand Eight
Hundred Eighty-Nine or Republic Act Numbered Five Hundred Seventy-Three
whichever is applicable or as may hereafter be provided by law.
f. Upon the death of an officer or enlisted person
who has been separated under Section 1a, his survivor shall receive
benefits with right of accretion, equivalent to the monthly life
annuity then being received by the deceased officer or enlisted person
or under any of the options provided in existing AFP Retirement and
Separation System. chanroblesvirtualawlibrary
g. Upon the death of a trainee or draftee who has
been separated under Section 1c, his survivor shall receive benefits,
with right of accretion, equivalent to the monthly life annuity then
being received by the deceased trainee or draftee or under any of the
options provided in existing Retirement and Separation System.
Section 4. Death in line of duty before completion of
twenty years of active service —chanroblesvirtualawlibrary
a. If, before completing twenty years of active
service, an officer or enlisted person dies in line of duty, he shall
be considered as separated, and his survivors shall be entitled with
right of accretion, to a monthly life annuity, the amount of which
shall be fifty per cent of the base and longevity pay, computed on the
basis of the next higher grade than the permanent grade held by the
officer or enlisted person at the time of his separation, or under any
of the options that they may elect under the existing AFP Retirement
and Separation System. chanroblesvirtualawlibrary
b. If a trainee or draftee dies in line of duty, his
survivors shall be entitled with right of accretion, to a monthly life
annuity, the amount of which shall be fifty per cent of the monthly
base pay of a Private in the Regular Force.
c. The benefits provided in this Section shall be in
addition to the benefits provided under Republic Act Numbered Six
Hundred Ten as amended by Republic Act Numbered Five Thousand Eight
Hundred Eighty-Nine or Republic Act Numbered Five Hundred Seventy-Three
whichever is applicable or as may hereafter be provided by law.
Section 5. Survivors. — For purposes of this Decree,
the term "survivors" as used herein shall include:cralaw:red
The survivor's spouse, only if she/he was living with the deceased at
the time of the latter's death or was actually dependent upon him/her,
totally or partly: Provided, That receipt of benefits under this decree
shall automatically terminate upon the remarriage of the surviving
spouse;chanroblesvirtualawlibrary
The surviving legitimate, adopted or acknowledged natural children:
Providing, That no payment shall be made to them after they have
attained the age of twenty-one years or have married;chanroblesvirtualawlibrary
The surviving parents or parent only if the deceased had never married
and if they/he/she were/was totally or partly dependent upon the
deceased.
Section 6. Effectivity. — This Decree shall take
effect upon approval, provided that those who incurred physical
disability or died in line of duty since the imposition of marital law
shall be entitled to these benefits.
Done in the City of Manila,
this 28th day of October, in the year of Our Lord, nineteen hundred and
seventy-six.
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