Question & AnswerQ&A (Republic Act No. 878)
Republic Act No. 878 aims to amend Section 10 of Republic Act No. 340, specifically regarding the retirement or separation rank of enlisted men or officers below the rank of colonel in the Armed Forces of the Philippines.
Enlisted men or officers below the rank of colonel who are entitled to the benefits of Republic Act No. 340.
They shall be retired or separated one rank or grade higher than the permanent rank or grade they have held for at least one year at the time of retirement or separation.
No, the higher rank retirement benefit does not apply if the separation was a result of punishment duly meted by a general or special court martial.
No, separation due to the individual's own misconduct, willful failure, intemperate use of drugs or alcoholic liquor, or vicious or immoral habits excludes entitlement to the higher rank retirement benefit.
Officers and enlisted men promoted before retirement due to capability for the next higher rank do not assume the higher rank when recalled to active duty, unlike those who were automatically raised one rank by operation of the Act, who shall resume the ranks prior to retirement.
The gratuity or retirement pay is computed based on the higher rank or grade in which the officer or enlisted man may be retired or separated.
The Act took effect from July 26, 1948.
It specifically amends Section 10 of Republic Act No. 340 and references Section 2 (gratuity/retirement pay) and Section 8 (separation pay) of Republic Act No. 340.
Yes, such officers who were automatically raised one rank or grade by operation of this Act shall resume their ranks or grades prior to their retirement when recalled.