WHEREAS,
Presidential Decree No. 1638 was promulgated to improve and consolidate
the various laws pertaining to the retirement of members of the Armed
Forces of the Philippines;chanroblesvirtualawlibrary
WHEREAS, in the implementation of the AFP Military Personnel Retirement
and Separation Decree of 1979, certain ambiguities were observed which
may result in inequities and/or situational inconsistencies; and
WHEREAS, there is a cogent need to clarify such ambiguities in order to
effectively attain the spirit and intent of the aforesaid Decree. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by
virtue of the powers vested in me by the Constitution, do hereby order
and decree:cralaw:red
Section 1. Section 3 of Presidential Decree No. 1638
is hereby amended to read as follows:cralaw:red
"Sec. 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 other 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 no longer
than this active military service shall be credited for purposes of
retirement. chanroblesvirtualawlibrary
Section 2. Section 5 of Presidential Decree No. 1638
is hereby amended to read as follows:cralaw:red
"Sec 5. (a). Upon attaining fifty-six (56)
years of age or upon accumulation of thirty (30) years of satisfactory
active service, whichever is later, an officer or enlisted man shall be
compulsorily retired; Provided, That such officer or enlisted-man who
shall have attained fifty-six (56) years of age with at least twenty
(20) years of active service shall be allowed to complete thirty (30)
years of service but not beyond his sixtieth (60th) birthday; Provided,
however, That such military personnel compulsorily retiring by age
shall have at least twenty (20) years of active service: Provided,
further, That the compulsory retirement of an officer serving in a
statutory position shall be deferred until completion of the tour of
duty prescribed by law; and, Provided, finally, That the active service
of military personnel may be extended by the President, if in his
opinion, such continued military service is for the good of the
service." chanroblesvirtualawlibrary
"(b) Notwithstanding the provisions of Section 5 (a),
military personnel in the active service, who otherwise will retire
compulsorily under Section 1 (b) of Republic Act Numbered Three Hundred
Forty, as amended, during the first, second, third, fourth, fifth, and
sixth calendar years of the effectivity of this Decree, shall be
retired compulsorily under this Decree on the dates they shall complete
and additional period of service of one, two, three, four, five, and
six years, respectively; Provided, That such additional period of
service shall not extend beyond their fifty-sixth (56th) birthday or
completion of thirty (30) years of active service, whichever is later.
Provided, further, That such military personnel who have attained
fifty-six (56) years of age but have not completed thirty (30) years of
active service on the effectivity of this Decree shall be allowed to
complete thirty (30) years of active service but not beyond their
sixtieth (60th) birthday: Provided, finally, That such military
personnel should have completed at least fifteen years of active
service."
Section 3. This Decree shall take effect immediately.
Done in the City of Manila,
this 8th day of November, in the year of Our Lord nineteen hundred and
seventy-nine.
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