Question & AnswerQ&A (Republic Act No. 10882)
The short title is the "AFP Derivative Retirement Pension for Children/Survivors Act of 2016."
The main purpose is to exempt surviving children of military personnel who are mentally incapacitated from termination of benefits upon reaching the age of twenty-one (21).
Presidential Decree No. 1638, also known as the AFP Military Personnel Retirement and Separation Decree of 1979, is amended.
Surviving children include children born of the officer or enlisted man's marriage prior to his retirement/separation and children adopted or acknowledged while the deceased parent was still on active military service. However, benefits termination at 21 or upon marriage does not apply to children certified by the AFP Medical Board as mentally incapacitated and incapable of employment.
The entitlement to benefits shall terminate when the children attain twenty-one (21) years of age or get married.
The AFP Medical Board certifies the mental incapacity of surviving children who are incapable of employment.
The Secretary of the Department of National Defense and the Chief of Staff, Armed Forces of the Philippines are responsible for promulgating the necessary rules and regulations.
Within thirty (30) days from the effectivity of the Act.
The invalidity or unconstitutionality of any provision shall not affect other provisions, which shall remain in effect due to the separability clause.
They are repealed to the extent of their inconsistency with this Act pursuant to its repealing clause.
It took effect thirty (30) days following its publication in the Official Gazette or at least three newspapers of general circulation.
The Act lapsed into law on July 17, 2016, without the signature of the President, in accordance with Article VI, Section 27(1) of the Philippine Constitution, which allows a bill to become law if the President does not act on it within 30 days.