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PHILIPPINE LAWS, STATUTES & CODES
A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
Republic Acts :
REPUBLIC ACTS
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REPUBLIC ACT NO. 1067 - AN
ACT TO AMEND CERTAIN PROVISIONS OF REPUBLIC ACT NUMBERED ONE HUNDRED
THIRTY-EIGHT |
Section 1.
Section two of Republic Act Numbered One hundred thirty-eight is hereby
amended to read as follows: "Sec. 2.
The pay and allowances of military personnel are prescribed by law, and
as long as person is in the active military service of the Philippines
he is entitled to receive pay and allowances corresponding to his rank
or grade, unless said pay and allowances, or any portion thereof, have
not accrued, or have been withheld or forfeited, under this Act or any
other provision of law." Sec. 2. Section s thirteen, fourteen and fifteen of Republic Act Numbered One hundred and thirty-eight are hereby amended to read, respectively, as follows: "Section 13.
No person in the military service who shall be absent from his regular
duties on account of the effects of a disease, sickness or injury,
which is directly attributed to and immediately follows his own
misconduct, willful failure or the intemperate use of drugs or
alcoholic liquor, shall, except as hereinafter provided, be entitled to
any pay, as distinguished from allowances, for the period of such
absence. "Section 15.
Each person whose pay, as distinguished from allowances, is forfeited
for a period in excess of one month at any one time pursuant to the
provisions of sections thirteen and fourteen of this Act, shall be paid
for necessary personal expenses the sum of five pesos for each full
month during which he pay is so forfeited." Sec. 3. Section eighteen of Republic Act Numbered One hundred thirty-eight is hereby amended to read as follows: "Section 18.
An enlisted man awaiting trial by court-martial, or the result thereof,
is not entitled to receive, pay, as distinguished from allowances,
until the result of the trial is known: Provided, That any enlisted man
who is placed on a full duty status and performs regular duties while
awaiting trial by court-martial, or the result thereof, shall be
entitled to receive all his pay and allowances for the period of such
duty, unless the same shall have been lawfully forfeited by the
approved sentenced enlisted men. For the purpose of this section, the
restoration to full duty status of enlisted men awaiting trial by
court-martial, or the result thereof, shall be as directed by the Chief
of Staff, with the approval of the Secretary of National Defense." Sec. 4. Section twenty-one of Republic Act Numbered One hundred thirty-eight is hereby amended to read as follows: "Sec. 21.
(a) Except as hereinafter provided in this section, officers and
enlisted men lawfully detained or provisionally released on bail by the
civil authorities pending the trial or final determination of their
cases in the civil courts, or serving sentence of imprisonment will
receive no pay and allowances for the period of their absence from
military control or custody.cralaw "(d) Any
officer or enlisted man who has returned to military control and
performed regular duties pending the trial or final determination of
his case before the civil courts, shall be entitled to receive all his
pay and allowance during the period such duties have been performed,
irrespective of the outcome of his case. The restoration to, or relief
from, fully duty status of officers and enlisted men who have lawfully
returned to military control or custody pending the trial or final
determination of their cases before the civil courts, shall be as
directed by the Chief of Staff, with the approval of the Secretary of
National Defense: Provided, That nothing herein shall be construed as
relieving the proper commanding officer or officers of military
personnel accused before the civil courts from the responsibility of
producing the person of the accused at the time and place required by
the lawful order of the proper civil authorities. "(e) Nothing
in this section shall operate or be construed to repeal or in any way
modify existing laws and regulations relating to the suspension from
office of any officer by the President." Sec. 5. Republic Act Numbered One hundred thirty-eight is hereby further amended by inserting the following provisions between sections twenty-three and twenty-four thereof: "ARTICLE VII "(b) Whenever,
upon the final statement of the accounts of any accountable or
disbursing officer of the Armed Forces of the Philippines, the Auditor
General, or his authorized representative, shall have found, and
certified to the existence of, a balance of public money to be due to
the Government from the said officer, the Secretary of National Defense
may, in his discretion, direct that the officer's monthly pay, or any
portion thereof, be withheld and applied to the full restitution or
reimbursement of the amount due the Government: Provided, That, in his
discretion, the Secretary of National Defense may direct that all or a
portion of the pay of any such accountable or disbursing officer
withheld pending the final settlement or adjustment of his accounts:
Provided, further, that nothing in this subsection shall operate or be
construed as precluding any other remedy under existing laws, for the
collection of any indebtedness to the Government, or for the
restitution or reimbursement of public funds by accountable or
disbursing officers.cralaw Sec. 6. This Act shall take effect upon its approval. Nothing in this Act shall operate or be construed to affect pay and allowances corresponding to any period prior to the effectivity of this Act, nor to determinations of entitlement or non-entitlement thereto.cralaw Approved: June 12, 1954 |