Question & AnswerQ&A (Republic Act No. 209)
The main purpose of Republic Act No. 209 as amended is to provide for the immediate payment of monies due to deceased or incompetent Filipino members of certain military organizations and civilians who furnished supplies or rendered services under the laws of the United States and/or the Philippine Army.
The Judge Advocate General of the Armed Forces of the Philippines or his duly authorized representatives are responsible for administering the monies due under this Act.
The term 'monies' includes arrears in pay and allowances, amounts due to estates of deceased civilians for supplies or services, accrued retirement and insurance proceeds that became part of the estate upon death, and deposits.
The term 'incompetent' includes any person specified in Rule 93, section 2 of the Rules of Court, meaning those who by reason of insanity, minority, or other legal incapacity cannot manage their own affairs.
The Judge Advocate General or his representative shall ascertain the lawful heirs and summarily distribute the monies in accordance with the Civil Code's provisions on succession, excluding usufructuary rights to the surviving spouse and considering reserva troncal rules.
The Judge Advocate General or his authorized representative shall appoint the individual best qualified to be the guardian of any incompetent entitled to monies, preferring the widow or eldest child if of age, and may require the guardian to give a bond.
The Judge Advocate General or his representatives shall suspend summary distribution until the dispute is decided by a court in an interpleader action, which must be resolved within 90 days, and interpleader complaints are exempt from filing fees and costs.
Yes, if an administrator or guardian has been duly appointed by a court, the Judge Advocate General shall proceed to final summary payment to such administrator or guardian unless a will covers the monies, in which case specific probate rules apply.
If the will covers only the monies defined in this Act, only the Judge Advocate General proceeds to probate it. If the will covers other properties besides the monies, the monies shall be paid according to the probated will by competent courts.
This amended Act took effect upon its approval on June 1, 1948.