Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1044)
The main purpose of Presidential Decree No. 1044 is to increase the benefits of military personnel who become physically disabled or die in the line of duty before completing twenty years of active service.
Total permanent physical disability is defined as the anatomical loss, or permanent loss of use, of one or both hands, one or both feet or legs, one or both eyes having only light perception, or mental faculties.
They shall be compulsorily separated from the service in the next higher grade than the permanent grade last held and are entitled to a monthly life annuity of fifty percent of the base and longevity pay computed on the basis of the next higher grade.
They are entitled to separation pay equivalent to one month's base and longevity pay for every year of active service rendered, computed on the basis of the next higher grade than the permanent grade last held at the time of separation, payable in one lump sum, with a minimum of six months' pay.
Trainees or draftees who incur total permanent physical disability are entitled to a monthly life annuity of fifty percent of the monthly base pay of a Private in the Regular Force; those with other physical disabilities get separation pay equivalent to one month's base pay for every year of active service, with at least three months' pay.
Survivors are entitled with right of accretion to a monthly life annuity equivalent to fifty percent of the base and longevity pay computed on the basis of the next higher grade than the last grade held by the deceased, or under any other option under AFP Retirement and Separation System.
Survivors include the spouse (if living with or dependent on the deceased, with benefits terminating upon remarriage), legitimate, adopted or acknowledged natural children (benefits end when they turn 21 or marry), and surviving parents (if the deceased was never married and parents were dependent).
Receipt of benefits under this decree automatically terminates upon the remarriage of the surviving spouse.
Yes, the decree provides that nothing shall prevent an officer or enlisted person from claiming benefits under Republic Act No. 340, as amended, if those benefits are more advantageous.
The decree took effect upon approval on October 28, 1976, and those who incurred physical disability or died in line of duty since the imposition of Martial Law (September 21, 1972) are entitled to these benefits.