QuestionsQuestions (EXECUTIVE ORDER NO. 131)
Executive Order No. 131 was issued pursuant to the authority vested in the President by Section 90 of Commonwealth Act No. 1, as amended.
The Executive Order specifies hazardous activities connected with underwater naval operations, bomb disposal, and research and development, including deep-sea diving; arming, disarming, or disposal of fused bombs, mines, torpedoes, booby traps, and other lethal devices; preparation or testing of lethal materials such as explosives, incendiaries, poison gases, and radioactive materials; testing of new and dangerous equipment; and underwater demolitions.
Hazardous duty pay is equivalent to fifty percent (50%) of the officer’s respective base pay.
It is paid monthly, subject to the availability of funds.
The Secretary of National Defense prescribes the rules and regulations requiring the contents of the requests for hazardous duty pay.
Each request must include: (1) a description of the hazardous duty performed; (2) the period covered; and (3) the place where such duty was performed.
The request must be attested to by the commander or officer-in-charge of the officer applicant.
Officers receiving flying pay or jump pay are not entitled to hazardous duty pay.
While many examples involve underwater naval operations, bomb disposal, and R&D, the EO also includes other dangerous activities such as preparation/testing of lethal materials and testing dangerous equipment, even if not strictly limited to underwater operations.
EO 131 expressly rescinds Executive Order No. 437 dated July 10, 1961.
It is not purely automatic; it is subject to the rules and regulations of the Secretary of National Defense, and payment is monthly subject to availability of funds.
The requests must contain the period covered, meaning the claim must specify the dates or duration of the hazardous duty performed.
It ensures the administration can verify that the hazardous duty occurred in the location relevant to the hazardous duty claim, consistent with the Secretary’s regulations.
EO 131 states hazardous duty pay is 50% of the officer’s respective base pay. If base pay changes mid-period, a reasonable application is to compute based on the base pay rate applicable during each portion of the covered period, subject to implementing rules—though EO 131 itself does not detail this scenario.
The “Provided, That” clause creates a limitation/exception: even if an officer performs hazardous duty, those receiving flying pay or jump pay are excluded from hazardous duty pay.
It reflects permissible delegation of administrative details: EO 131 provides the statutory/presidential policy and parameters (e.g., 50% of base pay, monthly, disqualification), while the Secretary issues the specific rules for processing requests and compliance requirements.