Title
Gratuities and pensions for disabled or deceased AFP personnel
Law
Republic Act No. 610
Decision Date
May 4, 1951
The Armed Forces Death Gratuity and Disability Pension Act of 1951 provides benefits to the surviving family members of officers and enlisted men who die or become disabled in the line of duty and active service, including a gratuity of three thousand pesos and disability pensions based on the degree of disability.

Questions (Republic Act No. 610)

The Act shall be known and cited as the “Armed Forces Death Gratuity and Disability Pension Act of 1951.”

Commissioned officers of the Armed Forces of the Philippines or Philippine Constabulary (regular or reserve), probationary second lieutenant, cadet of the PMA, and aviation or naval cadet.

Persons regularly enlisted in the AFP or Philippine Constabulary, enlisted reservists, and any trainee duly accepted and sworn in for trainee instruction under the National Defense Act.

Any active duty in the Regular or Reserve Force of the AFP or in the Philippine Constabulary, including periods of military training as cadet, trainee, probationary second lieutenant, or reservist under the National Defense Act.

The wife or husband of Armed Forces personnel who are not legally separated by a final judicial decree from the deceased.

Death of an officer or enlisted man as the proximate result of wounds or injuries received, or sickness or disease incurred in the active service and in line of duty.

Total gratuity is PHP 3,000 in a lump sum: the widow gets one-half (1/2), and the other half is divided equally among the children not emancipated.

It is payable to the father and/or mother, divided equally among the parents if both survive.

The beneficiary’s share passes to the intestate heirs under the Civil Code.

25%: PHP 30; 50%: PHP 50; 60%: PHP 60; 70%: PHP 70; 80%: PHP 80; 90%: PHP 90; Total: PHP 100.

The pension rate under the disability paragraphs is increased by PHP 30 per month.

The pension rate is increased by PHP 40 per month.

Any person in active service for ninety days or more is deemed in sound physical and mental condition at entry, except defects/infirmities/diseases noted and recorded at entry, or when evidence/medical judgment clearly warrants a finding that the condition existed prior to entry.

Wounds/injuries received or sickness/disease incurred in active service are presumed to have been received/incurred in line of duty absent evidence to the contrary.

It is presumed final unless evidence and medical judgment clearly show otherwise; a redetermination may be allowed, provided discharge or separation from active service is honorable.

Employment automatically terminates the pensionee’s right under the Act, but it is automatically revived upon separation from such employment.

No person who has received death or disability benefits under Republic Act No. 573 is entitled to RA 610 benefits; and no payment shall be made to beneficiaries of deceased AFP/PC personnel under RA 30 or any other law granting similar benefits to national/provincial/municipal government officers and employees. It also repeals Commonwealth Act No. 400 and Section 91-A of the National Defense Act, as amended.


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