QuestionsQuestions (Republic Act No. 138)
“Pay” includes base pay and all additional pay for length of service or type of duty such as longevity pay and flying pay.
“Allowance” includes quarters, subsistence, travel and such other allowances as may by law become payable to Army personnel.
“Officers” refers to commissioned officers and Army nurses only.
Pay and allowances corresponding to his rank or grade are due as long as the person is in active military service, unless forfeited/not accrued under RA 138 or other law.
The Army shall be paid in such manner that the arrears shall at no time exceed two months, unless further arrears are unavoidable due to circumstances.
Separation cannot be effected for purposes of pay and allowances before the date the person receives or becomes legally chargeable with notice of separation.
While so absent, he is entitled to receive or have credited the same pay and allowances as when the absence began or may become entitled to thereafter.
He must not have been officially reported as absent from his post of duty without authority.
No. Expiration of the agreed terms of service during the period of such absence does not operate to terminate the right to receive such pay and allowances.
He becomes indebted to the Government for amounts paid or pay and allowances credited during the absence.
So much of the absent person’s pay and allowances necessary for reasonable support of dependents and/or payment of insurance premiums may be paid for a period of twelve months from commencement of absence.
After twelve months, if no official report of death or internment is received, the Chief of Staff may direct continuance of missing status if the person may be reasonably presumed living, or make a finding of death, including the date death is presumed to have occurred.
Neither pay nor allowances accrue during unauthorized absence unless excused as unavoidable.
It is determined administratively; in the absence of a court-martial finding, it is sufficient to withhold pay and allowances when unauthorized absence appears on the morning report.
Yes, unless he is suspended from office by the President; if suspended, he continues to receive pay and allowances only if the President so directs.