Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1638)
The short title of Presidential Decree No. 1638 is the AFP Military Personnel Retirement and Separation Decree of 1979.
This Decree applies to all military personnel in the service of the Armed Forces of the Philippines.
Active service includes service rendered as a commissioned officer, enlisted man, cadet, probationary officer, trainee or draftee in the AFP, and civilian official or employee service in the Philippine Government prior to separation or retirement, for which pay was received. At least ten years of active service as officer or enlisted man is required for retirement purposes.
A military person shall be compulsorily retired upon attaining sixty years of age with at least 15 years of active service, or upon accumulation of 30 years of satisfactory active service, whichever is earlier, except if continued service is required for the good of the service.
They may choose between a gratuity equivalent to one month base and longevity pay of the next higher grade for each year of service or a monthly retirement pay equal to 2.5% for each year of active service, not exceeding 85% of the monthly base and longevity pay of the next higher grade.
It means anatomical loss or permanent loss of use of both hands, both feet, both eyes, both ears, any combination of these, or loss of mental faculties, as determined by a medical board.
Survivors include the surviving spouse married to the deceased prior to retirement/separation, surviving children born or adopted before or during active service, and in absence of these, surviving legitimate children over 21, surviving parents or unmarried siblings.
Conviction results in a fine not less than the defrauded amount but not more than threefold, imprisonment from six months and one day to six years, and perpetual disqualification from holding public office and practicing any government-licensed profession.
Yes, retirees on the retired list may be recalled to active duty by the President in their last permanent grade, subject to Articles of War. Refusal may result in court-martial and termination of benefits.
No, the benefits are not subject to attachment, garnishment, levy, execution, or any tax, nor can they be assigned or conveyed to third persons, except that up to 50% may be withheld to settle unsettled money or property accountabilities.