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theChan Robles Virtual Law Library This page features the full text of
Republic Act No. 8440.
REPUBLIC ACT NO.
8440
AN
ACT
PROVIDING FOR
THE CONFIRMATIONOF WORLD
WAR II MILITARY
SERVICES.
Section 1. Creation of the
Board. — A Military Service Board, hereinafter referred to as the
Board,
is hereby created under the Department of National Defense, to review
applications
for confirmation of military service filed by any person who claims to
have performed military service in the Philippines during the period
beginning
December 8, 1941 and ending July 3, 1946 and to determine the validity
of the claim for the purpose of confirming the military service
rendered
and qualifying the applicant for military veteran status.
Sec. 2. Composition
of the Board. — The Board shall have, as Chairman, a retired
military
officer, preferably a World War II veteran, duly designated by the
Secretary
of the Department of National Defense; a representative from the Office
of the Adjutant General; a representative from the Office of the Judge
Advocate General; and two (2) distinguished veterans of World War II,
appointed
by the Secretary of National Defense from a list of nominees submitted
by the Veterans Federation of the Philippines and other existing and
duly
recognized veterans organizations, as members.
Sec. 3. Limitation
period. — The Board shall consider only those applications already
filed and pending with the Philippine Veterans Affairs Office and new
applications
filed within one (1) year from the date of the effectivity of this Act.
Sec. 4. Application
by survivors. — An application for confirmation of military service
submitted by the surviving spouse, child or parent in behalf of the
deceased
person shall be treated as an application by such person.
Sec. 5. Evidence to
be considered. — In evaluating any claim for military service, the
Board shall consider all available information and evidence, both here
and abroad, including official unit historical records and personnel
records
in the various agencies and offices of the government and including any
evidence submitted by the applicant.
Sec. 6. Participation
of the Veterans Federation of the Philippines and other existing and
duly
recognized veterans organizations. — To provide all persons
concerned
the opportunity to submit evidence in support or in refutation of the
claim
for military service, the Board shall furnish the Veterans Federation
of
the Philippines and other existing and duly recognized veterans
organizations,
at the end of each month a list of all persons who filed claims for
confirmation
of service during the month. The Veterans Federation of the Philippines
and other existing and duly recognized veterans organizations shall be
given a period of three (3) months to submit any evidence available to
them which may have a bearing on such claims.
Sec. 7. Fraudulent
claims. — When fraud is shown to have been committed by or with
knowledge
of an applicant under this Act, the application shall be disapproved or
if already approved, such approval and any award of any honor or
benefit
on the basis of the confirmation of honor under this Act shall be
voided
as of the date of its effectivity: Provided, That the party or
parties
to the fraud including those who executed false testimony or who issued
falsified documents to support the fraudulent claim, upon conviction,
shall
be punished with a fine of not less than Two thousand pesos (P2,000)
but
not more than Ten thousand pesos (P10,000) or by imprisonment of not
more
than six (6) months or by such fine and imprisonment, at the discretion
of the court, in addition to the refund of such amount in compensation
and benefits that the applicant may have received as a result of the
fraudulent
claim.
Sec. 8. Unauthorized
fees. — No person, natural or juridical, shall charge a claimant
any
fee in connection with any claim for confirmation of service. Whoever
is
found to have directly or indirectly solicited, contracted for, charged
or received or attempted to solicit, charge or receive any fee or
compensation,
upon conviction, shall be punished with a fine of not more than Two
thousand
pesos (P2,000) or by imprisonment of not more than six (6) months or by
such fine and imprisonment, at the discretion of the court.
Sec. 9. Exclusive
and final nature of decisions of the Board. — The Board shall have
the exclusive authority to pass judgment on a claim for confirmation of
military service for all intents and purposes. The decision of the
Board
shall be final.
Sec. 10. Termination
of the Philippine Veterans Affairs Office authority to grant status of
deserving guerilla. — The authority of the Philippine Veterans
Affairs
Office (PVAO) to grant status of deserving guerilla to persons who do
not
have confirmed military service is hereby terminated.
Sec. 11. Prospective
entitlement. — Honors, awards and decorations resulting from this
Act
shall accrue to any person. However, all monetary compensation and
benefits
shall be applied prospectively.
Sec. 12. Resultant
benefits. — Any entitlement of a person to receive veterans
benefits
as a result of this Act shall be administered by the Philippine
Veterans
Affairs Office in accordance with existing laws and regulations.
Sec. 13. Period of
existence of the Board. — The Board shall cease to exist two (2)
years
after the last day of the application period provided for under Sec.
3 of this Act.
Sec. 14. Implementing
rules and regulations. — The Secretary of National Defense shall
issue
rules and regulations necessary to ensure the effective implementation
of this Act, within sixty (60) days after approval of this Act.
Sec. 15. Appropriations.
— The amount necessary for the implementation of this Act shall be
included
in the budget of the Department of National Defense, under the General
Appropriations Act of the year following its enactment into law and
thereafter.
Sec. 16. Repealing
clause. — Provisions of laws, orders, regulations and issuances
inconsistent
with any provision of this Act are hereby repealed or modified
accordingly.
Sec. 17. Effectivity
clause. — This Act shall take effect after fifteen (15) days
following
its publication in the Official Gazette or in at least two (2) national
newspapers of general circulation.
Approved:
December 22, 1997
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