QuestionsQuestions (Republic Act No. 6963)
RA 6963 covers the family or beneficiary of any police or military personnel (including any fireman assisting in a police or military action) who is killed or becomes permanently incapacitated while in the performance of duty or by reason of office/position, provided the officer has not committed any crime or human rights violations by final judgment on such occasion.
Entitlement exists only if the deceased/permanently incapacitated police or military personnel or fireman has NOT committed any crime or human rights violations by final judgment on the occasion in question.
“Family” refers to (in order): (1) surviving legal spouse and legitimate children; or (2) parents; or (3) brothers and sisters; or (4) aunts and uncles—following the respective order stated in Section 2.
If the personnel is a Muslim, the pertinent provisions of the Code of Muslim Personal Laws (Shari’a) apply.
It is equivalent to the average six (6) months salary, including allowances and bonuses, during the last twelve (12) months preceding the death of the officer.
No. It “shall not be considered a part of the estate of the deceased” and is exempt from attachment, garnishment, or execution, and from income and other taxes.
A written certification from the station or unit commander stating the fact of death and the circumstances thereof, which must be presented to the cashier from whom the deceased used to receive salary.
In permanent disability cases, a certification by the proper medical officer designated by the Chief of Staff of the Armed Forces of the Philippines or the Director General of the Integrated National Police (as the case may be) is necessary.
Within three (3) days from receipt of a written certification from the station or unit commander of the fact of death and the circumstances thereof.
A report with the formal certificate of death or permanent incapacity must be submitted after payment to the Secretary of National Defense or the Director General of the Integrated National Police.
Payment comes from the expected salary, allowances, and bonus of the deceased/permanently incapacitated personnel for the next six (6) months after death/incapacity.
The position left vacant by reason of death/incapacity shall NOT be filled during that six (6) month period (general rule).
If public welfare and interest so demand, as determined by: (1) the municipal/city mayor or provincial governor for police personnel or firemen; or (2) the Secretary of National Defense for military personnel, the vacancy may be filled without waiting for the expiration of the six (6) months.
Funds out of which the special financial assistance already received by the family was drawn must be replenished out of emergency savings of the municipality/city/province or the department, upon written direction of the appropriate authority to their respective treasurers/cashiers.
The regional commander or provincial commander may draw augmentation personnel from any municipality in the province/region to fill the vacancy until the municipality where the vacancy occurred can fill it with regular personnel.
Hospitalization expenses shall be shouldered by the office to which the injured/wounded personnel belongs, chargeable against the salary savings of that office, and without need of an appropriation act or ordinance.
The surviving spouse is given priority in employment in a government agency where her qualifications fit. If the spouse is already employed or not employable, or if she waives the employment privilege, then an employable son or daughter is granted the privilege.
All surviving children are extended scholarship up to college in a nonexclusive institution, subject to the institution’s tuition policies. It is limited to payment of tuition and miscellaneous fees payable to the school, remitted upon presentation of the approved enrollment/registration form.
From proceeds of license fees for firearms collected by the Philippine Constabulary. Collections for one (1) year following approval constitute the initial fund reserve for the purpose of the Act, to be replenished/enhanced in succeeding years.
Funds collected from firearms licensing fees are turned over to the National Police Commission to administer for Integrated National Police members and firemen; and to the Department of National Defense for military personnel.