QuestionsQuestions (PVAO MEMORANDUM)
It may be claimed in due form by the legal heirs “only where the veteran or his/her widow/er has duly approved application for such pension benefit,” pursuant to DOJ Opinion No. 23 (s. 2001) and Sec. 52 of DO No. A-042 (IRR of RA 6948).
Section 52 of DO No. A-042 (Implementing Rules of RA No. 6948). The memorandum also references DOJ Opinion No. 23, series of 2001.
1) Certified True Copy of the Death Certificate of the deceased pensioner with corresponding NSO Official Receipt; 2) Evidence of filiation/relationship (e.g., birth/marriage certificates) with NSO Official Receipts; and 3) Application form duly accomplished and filed by qualified claimant (PVAO PP Form A).
Legal heirs of the deceased veteran or the widow/er, since the process requires evidence of filiation/relationship and an application form filed by the qualified claimant.
Applications are received/docketed by frontline officers and transmitted for verification of basic requirements; the verified file is transmitted to the Legal Division to evaluate documents and simultaneously to Finance Division to certify total uncollected amount; once Finance certifies, Legal Division advises the claimant of additional requirements (depending on amount), reviews legal sufficiency, and recommends approval to the Administrator.
A Notarized Affidavit of Claim with Waiver of Rights and Deed of Indemnity signed by all the heirs (PVAO Form C).
A Notarized Affidavit of Claim with Waiver of Rights and Deed of Indemnity by all heirs, plus a Certificate of Indemnity executed by two (2) solvent persons preferably PVAO pensioners; however, if the claimant is the surviving spouse, the Certificate of Indemnity by a solvent person is no longer required. Indemnity consideration is double the certified uncollected pension.
Two (2) years from date of release/payment of the accrued/uncollected/posthumous pension.
Notarized Affidavit of Claim with Waiver of Rights and Certificate of Indemnity by all heirs and two solvent persons (PVAO Form C), and an Heirs' Bond which may be cash or surety bond secured by the heirs from a reputable surety company acceptable to PVAO, with PVAO as beneficiary callable on demand, enforceable for two (2) years from date of release/withdrawal.
Either: (i) institute intestate proceeding in court (and payment may be based on the court’s order, or withdrawal by court-appointed Administrator/Executor upon submission of appointment/authorization orders); or (ii) execute an Affidavit of Self-Adjudication or Deed of Extra-Judicial Settlement under Rule 74 of the Rules of Court.
Yes. The memorandum states that release of payment is allowed on the basis of the court’s order “regardless of amount of Decedent veteran's accrued/posthumous pension,” subject to the cited court authority.
A certified true copy (original/certified) of the Administrator’s/Executor’s appointment authorizing withdrawal and receipt of the decedent’s accrued pension. If not indicated in the appointment papers, another court order is required authorizing such withdrawal and receipt.
It must: (a) be embodied in a public instrument; (b) be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province where the estate is located; (c) be registered with the Register of Deeds of the city/province where the properties are located; and (d) have a bond filed with the Register of Deeds equivalent to the value of the personal properties of the estate.
The Finance Division certifies the total amount of uncollected pensions after the file is transmitted for verification and in parallel with the Legal Division’s evaluation.
It evaluates and ascertains the documents submitted; after receiving Finance Division’s certification, it advises claimants of additional requirements depending on the amount, reviews legal sufficiency, and recommends approval to the Administrator.
The Legal Division must submit a monthly performance report of pending applications for posthumous claims and those approved by the Administrator, with corresponding amounts and total amounts.
Annex A: Application Form; Annex B: Transmittal; Annex C: Affidavit of Claim, Waiver of Rights and Certificate of Indemnity.
They are repealed or modified accordingly.