QuestionsQuestions (Republic Act No. 5497)
RA 5497 amends Republic Act No. 304, as amended by RA 897, by adding provisions on who shall be considered members of duly recognized guerrilla forces for purposes of claims registration/benefits during the enemy Japanese occupation, and by imposing an application deadline requirement.
RA 5497 amends Republic Act No. 304, entitled 'An Act to provide for the registration of the claims...' It further notes that RA 304 had already been amended by Republic Act No. 897.
Section 1 adds further provisos to the relevant section of RA 304, defining when a person is considered a member of recognized guerrilla forces and stating a filing-period requirement for entitlement to benefits.
If his name appears in the reconstructed roster furnished by the U.S. Army to the Philippines, or if his name has been deleted from the reconstructed roster but the AFP record repositories show he served in a duly recognized guerrilla unit whose recognition was never revoked.
The AFP record repositories must show he served in a duly recognized guerrilla unit whose recognition was never revoked, and that he was processed or returned to/under military control and/or under the said unit and actually received his arrears in pay from the U.S. Army.
No. While appearance in the reconstructed roster is one basis, the law also allows proof via AFP record repositories showing service in a duly recognized guerrilla unit whose recognition was never revoked, plus processing/return under military control and actual receipt of arrears.
It means the guerrilla unit’s U.S. (duly recognized) status was not later withdrawn or invalidated before the claimant’s service is considered under the law.
It requires that the claimant was 'processed or returned to or under the military control and/or under the said unit'—i.e., that he went through the military procedures connecting him to the recognized guerrilla unit under military control.
It states that the claimant 'actually received his arrears in pay from the United States army.'
No. The law provides that no member of any recognized guerrilla forces is entitled to the benefits unless he filed his application for such benefits within the period fixed by law.
They are not entitled to the benefits unless they timely file their application within the period fixed by law.
Any member of recognized guerrilla forces under the Act, as amended.
It clarifies and expands/conditions eligibility by providing specific evidentiary bases (reconstructed roster; AFP repository proof; unit recognition never revoked; processing/return under military control; and receipt of arrears in pay) and adds a mandatory application deadline.
It takes effect upon its approval (June 21, 1969).
The reconstructed roster furnished by the U.S. Army to the Philippines and, alternatively, the record repositories of the Armed Forces of the Philippines showing recognized service and conditions (unit recognition never revoked), plus evidence of processing/return under military control and actual receipt of arrears.