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PRESIDENTIAL DECREE NO. 1226
PRESIDENTIAL DECREE NO. 1226 -
AMENDING PRESIDENTIAL DECREE NO. 567 TO AUTHORIZE THE PRESIDENT OF THE
PHILIPPINES TO EXTEND DRAFT SERVICE
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WHEREAS,
Presidential Decree No. 567 dated October 18, 1974, amending
Presidential Decree No. 182 dated May 6, 1973, extends the draft
service of conscriptive period of trainees into selective emergency
military service, from 12 months to 18 months; chanroblesvirtualawlibrary
WHEREAS, the exigencies of the service may require the continued
service of draftees to maintain the effectiveness of selected units of
the Armed Forces of the Philippines; and chanroblesvirtualawlibrary
WHEREAS, the utilization of draftees and trainees on extended tour as
members of selected units of the Armed Forces of the Philippines
exposes them to the same risks as the other members of the Regular
Force. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby amend Presidential Decree NO. 567 as follows:cralaw:red
Section 1. After completion of the training and
service of each trainee as prescribed under Section 53 of the National
Defense Act, as amended by Republic Act No. 4091, each trainee may
thereafter be drafted into selective emergency military service for
eighteen months, unless the continued service beyond eighteen months of
a draftee is, in the opinion of the President of the Philippines,
required for the good of the service and any selected draftee who
refuses to render such service shall be punished as a Military Tribunal
created under General Order No. 8 may direct; Provided, That within the
last six months of conscriptive service, a draftee not enlisted into
the Regular Force shall be given the opportunity to undertake a viable
training program wherein he could acquire knowledge and skills
essentially needed in obtaining a gainful employment after he is
mustered out of the Armed Forces of the Philippines. In case of
vacancies for enlistment in the Regular Force, the best qualified
draftees shall be given priority in filing up such vacancies; Provided,
That a draftee shall receive the base pay and allowances equivalent to
that of a private in the regular force; and if employed for combat
operations, he shall be entitled to all benefits similar to that
received by any member of the regular force; Provided, further, That
for every year of training and service, to include the emergency
military selective service herein provided for, a draftee shall receive
a separation gratuity of not less than one month salary upon the
condition that a period of six months shall be considered a complete
year for purposes of this gratuity; Provided, finally, That a draftee
or one who rendered service as contemplated above all shall be given
priority in appointments in the government service, commensurate to his
training, experience and educational qualifications, provisions of the
Civil Service Law to the contrary notwithstanding. chanroblesvirtualawlibrary
Section 2. Notwithstanding the provision of Section 1
hereof, a draftee or trainee on extended tour killed in action shall be
automatically enlisted on the date of his death as private in the
Regular Force and shall be separated as private first class with
benefits corresponding to such rank.
Section 3. All laws, rules and regulations, or parts
thereof, which are inconsistent herewith are hereby repealed or
modified accordingly.
Section 4. This Decree shall take effect beginning
October 1, 1977.
DONE in the City of Manila,
this 25th day of October, in the year of Our Lord, nineteen hundred and
seventy-seven.
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