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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
AN
ACT STANDARDIZING AND UPGRADING THE BENEFITS FOR MILITARY VETERANS AND
THEIR DEPENDENTS.
TITLE
I
PRELIMINARY
PROVISIONS
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.
chanrobles virtuallaw libraryred
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:
(a) Veteran
— any person who rendered military service in the land, sea or air
forces
of the Philippines during the revolution against Spain, the
Philippine-American
War, World War II, including Filipino citizens who served in Allied
Forces
in the Philippine territory and foreign nationals who served in
Philippine
forces, the Korean Campaign, the Vietnam Campaign, the Anti-Dissidence
Campaign, or other wars and military campaigns; or who rendered
military
service in the Armed Forces of the Philippines and has been honorably
discharged
or separated after at least six (6) years total cumulative active
service,
or sooner separated due to death or disability arising from a wound or
injury received or sickness or disease incurred in line of duty while
in
the active service; (b) Military
Personnel — officers, enlisted personnel, draftees and trainees in the
active service of the Armed Forces of the Philippines; chanrobles virtuallaw libraryred
(c) Officer
— any person holding a commission in the regular or reserve components
of the Armed Forces, or probationary officer, or cadet of the
Philippine
Military Academy or of the flying or naval schools of the Armed Forces
of the Philippines;
(d) Enlisted
Person — any person enlisted in the Armed Forces; chanrobles virtuallaw libraryred
(e) Draftee
— any person who, upon completion of trainee service, is drafted into
selective
emergency military service for eighteen (18) months or more;
(f) Trainee
— any person who, after reaching twenty (20) years of age, is
conscripted
into the Armed Forces for military training;
(g) Active
Service — any active duty in the regular or reserve components of the
Armed
Forces;
(h)Overseas
Service — includes any period of military service commencing from the
date
of departure from the Philippines for service in foreign territory and
terminating upon the date of return to Philippine soil;
(i) Dependent
— any spouse, child or parent who is wholly under the care and support
of the veteran;
(j) Surviving
Spouse — the lawful widow or widower of the deceased veteran, or the
innocent
spouse if he or she was legally separated by final judicial decree from
the deceased;
(k) Children
— includes any child entitled to support from the veteran under
existing
laws;
(l) Minor
Children — those who are below eighteen (18) years of age;
(m) Incompetent
— describes the state of legal, physical or mental incapacity which
makes
one wholly dependent upon another for care and support;
(n) Parents
— includes, in the absence of parents by nature, a father or mother by
adoption and, in the absence of a legal parent, any person who stood in
loco parentis to the veteran at least one (1) year prior to his entry
into
the active service;
(o) Indigent
Parents — those whose aggregate income from all sources is deemed
inadequate
for daily sustenance or places them in the class of those below the
poverty
line, as determined by the Philippine Veterans Affairs Office based on
official figures released by the appropriate government agency; chanrobles virtuallaw libraryred
(p) Political
Prisoner — a person who, for acts punishable for public rather than for
private reasons which were directed against the welfare, safety and
security
of the enemy occupation forces during World War II in connection with
underground
activities or the resistance movement, was imprisoned, maltreated and
killed,
or died in prison due to ailment or injury; and
(q) Administrator
— the head of the Philippine Veterans Affairs Office.
TITLE
II
VETERAN'S
BENEFITS
PART
A.
Educational
Benefits
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.
Disability
Pension
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: chanrobles virtuallaw libraryred
(a) If
and while the disability is rated anywhere from ten to thirty per
centum
(10%-30%), the monthly pension shall be Six hundred pesos
(P600.00); (b) If
and while the disability is rated forty per centum (40%), the monthly
pension
shall be Six hundred seventy-five pesos (P675.00);
(c) If
and while the disability is rated fifty per centum (50%), the monthly
pension
shall be Seven hundred fifty pesos (P750.00);
(d) If
and while the disability is rated sixty per centum (60%), the monthly
pension
shall be Eight hundred twenty-five pesos (P825.00);
(e) If
and while the disability is rated seventy per centum (70%), the monthly
pension shall be Nine hundred pesos (P900.00);
(f) If
and while the disability is rated eighty per centum (80%), the monthly
pension shall be Nine hundred seventy-five pesos (P975.00);chanrobles virtuallaw libraryred
(g) If
and while the disability is rated ninety per centum (90%), the monthly
pension shall be One thousand fifty pesos (P1,050.00); and
(h) If
and while the disability is total or rated one hundred per centum
(100%),
the monthly pension shall be One thousand one hundred twenty-five pesos
(P1,125.00) plus One hundred fifty pesos (P150.00) each for the spouse
and unmarried minor children.
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:
(a) As
regards officers and enlisted personnel of the Philippine Army and
guerrilla
organizations of World War II, on the day the application is received
but
in no case earlier than the date of the approval of this Act; and (b) As
regards all other veterans: (1) On
the date immediately following the date of discharge if the application
was filed within one (1) year after the veteran's separation from the
service;
or (2) On
the day the application was received if the application was filed
beyond
one (1) year after the veteran's separation from the service.chanrobles virtual law library
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:
(a) When
the disability is considered as static; (b) When
the disability is permanent in nature or of such character that there
is
no likelihood of improvement; or
(c) When
the veteran is already fifty-seven (57) years of age or over. chanrobles virtuallaw libraryred
PART
C.
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.
Old-Age
Pension
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.chanrobles virtuallaw libraryred
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.
Death
Pension
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. chanrobles virtuallaw libraryred
PART
F.
Hospitalization,
Medical Care and Treatment
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:red
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:red
PART
G.
Burial
Benefits
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. chanrobles virtuallaw libraryred
TITLE
III
GENERAL
PROVISIONS
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:red
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:red
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:red
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. chanrobles virtuallaw libraryred
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:red
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:red
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. chanrobles virtuallaw libraryred
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:red
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. chanrobles virtuallaw libraryred
Approved:
April 9, 1990
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