QuestionsQuestions (PRESIDENTIAL DECREE NO. 1638)
It is active service rendered as a commissioned officer, enlisted man, cadet, probationary officer, trainee or draftee in the AFP, plus service as a civilian official or employee in the Philippine Government prior to separation/retirement for which the person received pay from the government (or other pay sources as may be prescribed), subject to limits stated in the Decree.
The person must have rendered at least ten (10) years of active service as an officer or enlisted man in the AFP.
No period of civilian government service longer than the person’s active military service shall be credited for purposes of retirement.
Yes. Service as a cadet, probationary officer, trainee or draftee may be credited for retirement purposes at the option of the officer or enlisted man concerned, subject to rules and regulations the Minister of National Defense shall prescribe.
Upon accumulation of at least twenty (20) years of satisfactory active service, with the approval of the President.
When the person attains sixty (60) years of age with at least fifteen (15) years of active service, or upon accumulation of thirty (30) years of satisfactory active service—whichever is earlier—unless continued service is, in the President’s opinion, required for the good of the service.
Compulsory retirement of an officer serving in a statutory position shall be deferred until completion of the prescribed tour of duty.
They are retired compulsorily under PD 1638 on the dates they complete an additional period of one, two, three, and four years respectively (for the first, second, third, and fourth calendar year of the Decree’s effectivity).
He is considered retired for survivorship benefits under the Decree.
The officer or enlisted man shall be compulsorily retired.
He may, at his option, be retired.
Military personnel covered under Title III shall be retired in the grade next higher than the permanent grade last held, except officers in the permanent grade of Colonel/Captain (PN) or higher.
After effective six (6) years from approval of the Decree, they shall be separated upon completing five (5), six (6), and seven (7) years of active commissioned service-in-grade respectively, or upon attaining ages thirty-three (33), thirty-nine (39), and forty-six (46) years respectively—whichever is later.
At his option, either (1) a gratuity equivalent to one (1) month of base and longevity pay of the grade next higher than the permanent grade last held for every year of service (paid in one lump sum), or (2) monthly retirement pay at 2 1/2% per year of active service, not exceeding 85% of monthly base and longevity pay of the grade next higher than the permanent grade last held.
If the retiree dies within the three-year period following retirement and is survived by beneficiaries, the beneficiaries receive derivative benefits only starting the first month after the three-year period.
Survivors include: (1) the surviving spouse married before retirement/separation and not judicially separated on grounds attributable to the spouse (entitlement ends upon remarriage); (2) surviving children born of a marriage contracted prior to retirement/separation and adopted/acknowledged while the deceased was still on active military service (entitlement ends at age 21 or upon marriage); and in default, surviving legitimate/adopted/acknowledged natural children who have reached 21 or the surviving parent/parents, or in their absence, surviving unmarried brothers/sisters.
The death, illness or injury must not be due to misconduct, willful failure, intemperate use of drugs or alcoholic liquor, or vicious or immoral habits.
No. Benefits authorized under the Decree (except as specifically provided) are not subject to attachment, garnishment, levy, execution or any tax, and generally cannot be assigned, ceded, or conveyed.