Sponsored by: The ChanRobles Group A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library. This page features the full text of Republic Act No. 6948 AN ACT STANDARDIZING AND UPGRADING THE BENEFITS FOR MILITARY VETERANS AND THEIR DEPENDENTS. REPUBLIC ACT NO. 6948 TITLE
I
Section
1. Declaration of Policy. — It
is hereby declared to be the policy of the State to help foster the
socioeconomic
security and general well-being of the country's veterans in
recognition
of their patriotic services in times of war and peace for the cause of
freedom and democracy; for the attainment of national unity,
independence,
and socioeconomic advancement; and for the maintenance of peace and
order,
in keeping with the goals of the Government and the aspirations of the
people. chan robles virtual law library Sec.
2. Definitions. — For the purpose
of and when used in this Act, the following terms shall be construed in
the sense indicated unless the context of a particular provision
clearly
indicates that a different sense is intended:
VETERAN'S BENEFITS PART
A.
Sec.
3. Eligibility. — A veteran of
the Philippine Army or of any recognized or deserving guerrilla
organization
who took active participation in the resistance movement and/or in the
liberation drive against the enemy during World War II, or of the
Philippine
Expeditionary Forces to Korea, or of the Philippine Civic Action Group
or Philippine Contingent in Vietnam, who has never heretofore enjoyed
educational
benefit under Philippine law nor under United States law, who desires
to
study; or one (1) child of a veteran in whose favor he renounces such
right;
or the surviving spouse or a child of a deceased veteran in whose favor
the same is applied for by the surviving spouse, or legal guardian;
shall,
upon certification of the Administrator, be admitted to any school,
college,
university or institution authorized by the Government, with all school
fees, including tuition, matriculation, athletic, library, laboratory,
medical, military training, diploma and graduation fees, at the expense
of the Government, subject to the rules and conditions promulgated by
the
Administrator.chanrobles virtual law library PART
B.
Sec.
4. Eligibility. — The disability
pension as provided for in this Act shall apply to any veteran who was
in the service of the Philippine Army or guerrilla forces between the
eighth
of December, Nineteen hundred and forty-one and the third of July,
Nineteen
hundred and forty-six; of the Armed Forces of the Philippines and the
Philippine
Constabulary who was in the active service on and after the fourth of
July,
Nineteen hundred and forty-six; of the Philippine Expeditionary Forces
to Korea who was in the service overseas between the fifteenth of
September,
Nineteen hundred and fifty and the thirty-first of May, Nineteen
hundred
and fifty-five; and of the Philippine Civil Action Group or Philippine
Contingent in Vietnam who was in the service overseas between the
thirty-first
of August, Nineteen hundred and sixty-four and the twentieth of
December,
Nineteen hundred and sixty-nine. Sec.
5. Pension Rates. — A veteran
who is disabled owing to sickness, disease, wounds, or injuries
sustained
in line of duty shall be given monthly pension in accordance with the
rates
prescribed hereunder, unless he is actually receiving a similar pension
for the same disability from other government funds or from the United
States Government: chan
robles virtual law library
Sec.
6. Effectivity of Pension. —
The date of effectivity of the pension that may be awarded to an
applicant
will be based on the conditions specified hereunder:
Sec.
7. Re-evaluation. — Periodic
re-evaluation or redetermination of a veteran's disability, in
appropriate
cases, shall be the responsibility of the Disability Rating Board of
the
Philippine Veterans Affairs Office. The AFP Medical Center and the
Veterans
Memorial Medical Center, upon request by the Board, shall make
available
the clinical records, disability work sheets and other pertinent papers
and documents and shall conduct x-ray, laboratory test, and other
examinations
on the veteran concerned. Such medical examinations and tests may also
be undertaken by any other government hospital nearest the residence of
the veteran concerned, upon request by the Board. The Board shall
formulate
the procedures necessary to carry out its re-evaluation or
redetermination
activities.chanrobles virtual law library Sec.
8. Exemption. — A disabled veteran
shall be exempted from periodic examination and re-rating in the
following
cases:
Pension for Veterans of the Revolution Sec.
9. Eligibility. — Any veteran
who served in the Philippine Revolution and the Philippine-American War
any time during the period between the twenty-third of August, Eighteen
hundred and ninety-six, and the sixth of May, Nineteen hundred and two,
shall be entitled to a monthly pension of Six hundred pesos (P600.00)
plus
One hundred fifty pesos (P150.00) each for his spouse and unmarried
minor
children. PART
D.
Sec.
10. Eligibility. — A veteran
who is at least sixty-five (65) years old shall be paid an old-age
pension
of Five hundred pesos (P500.00) monthly unless he is actually receiving
a similar pension for the same consideration from other government
funds
or from the United States Government.chan
robles virtual law library Sec.
11. Entitlement of Surviving
Spouse. — The surviving spouse of a veteran who died after having
received
old-age pension shall be paid a pension of Five hundred pesos (P500.00)
monthly until she remarries or dies, and the surviving spouse of a
veteran
who died without having received old-age pension shall, if she does not
remarry, be paid a pension of Five hundred pesos (P500.00) monthly when
she reaches the age of sixty-five (65) and until she remarries or dies,
unless she is actually receiving a similar pension for the same
consideration
from other government funds or from the United States Government.chanrobles virtual law library PART
E.
Sec.
12. Eligibility. — For the death
of a veteran in line of duty or at any time after honorable discharge
or
separation from the service as a result of wounds or injury received or
sickness or disease incurred in line of duty or as a consequence of the
performance of such duty, and of a political prisoner who died in
prison
or was killed by the enemy armed forces during World War II, the
surviving
spouse and unmarried minor children or, in default thereof, the
indigent
parents, except those who for the same reason are actually receiving a
similar pension from other government funds or from the United States
Government,
may be given a pension of Five hundred pesos (P500.00) a month for the
surviving spouse and Two hundred fifty pesos (P250.00) a month for each
unmarried minor child until the surviving spouse remarries or dies, and
until the minor child dies, marries, or reaches the age of eighteen
(18),
or Two hundred fifty pesos (P250.00) for each indigent parent, with the
right of accretion, until they die: Provided, however, That only fifty
per centum (50%) of the rates herein prescribed shall be awarded to the
surviving spouse and minor children, or indigent parents of a veteran
of
the Armed Forces of the Philippines who, in line of duty, died of
injury
or ailment which was not incurred in war or in a military campaign
against
aggression, dissidence, rebellion or sedition nor as a direct result of
such war or military campaign.chanrobles virtual law library Sec.
13. Pension for the Surviving
Spouse of a Veteran of the Revolution. — The surviving spouse of a
veteran
of the revolution against Spain or the Philippine-American War shall be
entitled to a monthly pension of Six hundred pesos (P600.00) until she
remarries or dies, the provisions of the next preceding section
notwithstanding,
unless she is actually receiving a similar pension from other
government
funds.chanrobles virtual law library
Sec. 14. Termination of Right of Death Gratuity and Entitlement to Death Pension in Lieu Thereof . — Without prejudice to the receipt of death gratuity benefits provided for under the Employees' Compensation Law, the right to death gratuity granted to the next of kin of military personnel of the Armed Forces of the Philippines who died in line of duty, pursuant to the provisions of Section Six of Republic Act Numbered Five hundred seventy-three and Sections Three and Four of Republic Act Numbered Six hundred ten, as amended, shall cease upon the approval of this Act and, in lieu thereof, they shall be eligible to death pension as provided in this Act: Provided, however, That where the right to the said gratuity has already accrued prior to the approval of this Act, the next of kin concerned shall have the option to either waive the entitlement thereto or to receive the death pension: Provided, finally, That in the case of a next of kin who has already been paid the aforesaid gratuity, he may apply for death pension herein granted on condition that the death gratuity received shall be refunded from such future payments of death pension in a reasonable monthly amount as may be determined by the Philippine Veterans Affairs Office until the death gratuity is fully refunded. chan robles virtual law library PART
F.
Sec.
15. Eligibility. — The Philippine
Veterans Affairs Office shall provide hospitalization, medical care and
treatment in the Veterans Memorial Medical Center, in the veterans
wards
of selected government hospitals or in such other medical facility that
it may designate to veterans of the Philippine Revolution and the
Philippine-American
War, World War II, Korean Campaign and Vietnam Campaign; military
retirees,
disabled veterans receiving disability pensions under this Act; their
eligible
dependents and such other persons as may be authorized pursuant to the
rules and regulations promulgated by the Philippine Veterans Affairs
Office
as approved by the Secretary of National Defense: Provided, That
eligible
dependents shall be limited to the spouse, unmarried minor children or
children who are mentally or physically incompetent regardless of age,
and dependent parents or foster parents regardless of the veteran's
civil
status.chanrobles virtual law library Sec.
16. Veterans Memorial Medical
Center. — The Veterans Memorial Medical Center shall be the primary
medical
facility for the hospitalization and medical care of eligible veterans
and dependents and, for this purpose, shall be upgraded and expanded to
provide two hundred (200) additional beds for a total capacity of seven
hundred (700) beds to accommodate all eligible beneficiaries as defined
in the preceding section.chanrobles virtual law library
Sec. 17. Veterans Wards. — The Philippine Veterans Affairs Office shall enter into agreement with selected government hospitals including regional, provincial, district and municipal hospitals for the establishment of veterans wards, with an initial aggregate capacity of at least one thousand (1,000) beds, to provide hospitalization and medical care to eligible veterans and dependents: Provided, That there will be at least one (1) government hospital with a veterans ward in each province and in each city which is not a provincial capital.cralaw Sec. 18. Hospitalization in Other Government Hospitals. — In cases where it is more convenient and expedient for the veterans and their dependents, they may be admitted free of charge into any hospital or health institution of the national, provincial or city government, other than those specifically designated for veterans medical service, pursuant to arrangements between the Philippine Veterans Affairs Office and the Secretary of Health.cralaw PART
G.
Sec.
19. Burial Flag. — The Philippine
Veterans Affairs Office shall furnish a flag to drape the casket of
each
deceased veteran. After the interment of the veteran, the flag so
furnished
shall be presented to his next of kin in an appropriate manner. Sec.
20. Burial Assistance. — Unless
the next of kin of a deceased veteran is entitled to a similar benefit
from the United States Government, he shall be given Four thousand
pesos
(P4,000.00) as burial assistance upon application therefor in due form
which shall be filed within two (2) years from the death of the veteran
concerned. chan
robles virtual law library TITLE
III
Sec.
21. Non-Prescription of Claims.
— Except as herein otherwise provided, the application for the benefits
and compensation granted under this Act shall not prescribe.chanrobles virtual law library Sec.
22. Application. — All applications
for benefits granted under this Act shall be filed with the Philippine
Veterans Affairs Office except those for disability pensions of
officers
and enlisted personnel of the Armed Forces of the Philippines which
shall
be filed with the General Headquarters, Armed Forces of the Philippines
which shall receive, docket and process such claims prior to
transmittal
to the Philippine Veterans Affairs Office. Payment of claims, as
finally
adjudicated by the Administrator, shall be made by the Philippine
Veterans
Affairs Office.chanrobles virtual law library
Sec. 23. Exemption of Pension from Income Tax, Attachment, Levy, Garnishment. — Any pension granted a beneficiary under this Act shall not, wholly or partly, to subject to income tax, attachment, execution, forfeiture, or retention under any legal or equitable proceedings, either while in the possession of the Philippine Veterans Affairs Office or any of its officers, while in transit, or already in the hands of the beneficiary, nor shall any lien of any kind or under any consideration be imposed thereon.cralaw Sec. 24. Fraudulent Claims. — When fraud is shown to have been committed by or with the knowledge of an applicant for any of the benefits granted under this Act, the application shall be disapproved or, if the application is already approved, such approval and the award of the benefit shall be voided as of the date of its effectivity and all other benefits under this Act which are due or to become due to the applicant shall be forfeited without prejudice to the filing of the necessary court action for the fraud committed: Provided, however, That the party or parties to the fraud, upon conviction, shall be punished by a fine of not more than Two thousand pesos (P2,000.00), or by imprisonment for not more than six (6) months, or by both such fine and imprisonment, at the discretion of the court, in addition to the refund of such amount the Philippine Veterans Affairs Office has paid in monthly pension or otherwise disbursed in connection with the fraudulent claim.cralaw Sec. 25. Human Rights Violation. — Benefits under this Act may be withheld if the Commission on Human Rights shall certify to the General Headquarters of the Armed Forces of the Philippines that the veteran concerned has been found guilty by final judgment of a gross human rights violation while in the service. This factor shall not be considered taken against his next of kin.cralaw Sec. 26. Service Fee or Compensation. — Unless otherwise expressly authorized by the Philippine Veterans Affairs Office, no fee or compensation shall be charged any veteran or beneficiary for any service rendered in the course of official business or transaction relating to any claim, nor shall any retention or deduction of any amount from any pension be allowed. chan robles virtual law library Sec. 27. Authority of Officers to Administer Oath, Take Testimony. — The legal officers, investigators, regional veterans assistance representatives, and organic contact officers of the Philippine Veterans Affairs Office may administer such oaths as may be necessary in the conduct of investigations or in the performance of such other duties as the Administrator may expressly authorize pertaining to claims for the benefits granted under this Act: Provided, however, That other officials not mentioned herein may administer oath only when properly authorized by the Administrator and only for documents in support of claims for benefits granted under this Act.cralaw Sec. 28. Adjustment of Pensions. — All pensions authorized under this Act shall accordingly be adjusted to the same extent and with the same date of effectivity of any general adjustment of the salaries and wages of the personnel of the National Government and/or the Armed Forces of the Philippines as may be authorized in the ensuing fiscal years after the approval of this Act and funds for this purpose shall be provided by the Department of Budget and Management. Sec. 29. Implementing Rules and Regulations. — The Department of National Defense shall formulate the necessary rules and regulations to implement the provisions of this Act. The rules and regulations issued pursuant to this section shall take effect fifteen (15) days after publication in a newspaper of general circulation.cralaw Sec. 30. Appropriations. — The amount of One billion two hundred ninety-eight million pesos (P1,298,000,000.00) is hereby appropriated to carry out the initial implementation of this Act. Thereafter, such sums as may be necessary for its continued implementation shall be included in the annual General Appropriations Act. chan robles virtual law library Sec. 31. Separability Clause. — If any provision of this Act shall be held invalid, the remaining provisions shall be given full force and effect as completely as if the provision held invalid had not been included herein.cralaw Sec. 32. Repealing Clause. — All laws, rules, regulations, orders, circulars and memoranda inconsistent with any provision of this Act are hereby repealed or modified accordingly. Sec.
33. Effectivity.— This Act shall
take effect upon its approval. chan
robles virtual law library
Approved:
April 9, 1990
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