Question & AnswerQ&A (Republic Act No. 1067)
Republic Act No. 1067 amends certain provisions of Republic Act No. 138.
A person in the active military service of the Philippines is entitled to receive pay and allowances corresponding to his rank or grade as long as such pay and allowances have accrued and have not been withheld or forfeited under the Act or any other provision of law.
If the sickness or injury is directly attributed to and immediately follows the person's own misconduct, willful failure, or intemperate use of drugs or alcoholic liquor, the person will not be entitled to pay for the period of such absence.
Military personnel absent on account of venereal disease due to their own misconduct are not entitled to any pay, except allowances, for the period of absence within one year following initial symptoms, regardless of when symptoms appeared relative to service entry.
Such personnel shall be paid five pesos for each full month during which their pay is forfeited as necessary personal expenses (Section 15).
He is not entitled to receive pay, as distinguished from allowances, until the result of the trial is known unless he is placed on full duty status and performs regular duties, in which case he receives full pay and allowances unless lawfully forfeited prior to payment.
Generally, officers and enlisted men detained or on bail pending trial in civil courts or serving sentence will receive no pay and allowances during their absence from military control (Section 21a).
If they are unconditionally released without trial, acquitted, if the case is dismissed, or if sentenced to destierro under Article 247 of the Revised Penal Code, they are entitled to pay and allowances for their absence period (Section 21c).
The Secretary of National Defense may direct deductions from pay for pecuniary liability to the government due to loss or damage of government property, with limits that deductions not reduce actual pay below one-third of authorized pay, and no deduction exceeding two-thirds of pay per month.
No, withholding or deduction of pay for liability to the government does not need to await or depend on the result of any criminal proceedings (Section 23-Ac).