Title
Amends retirement rank rules for military personnel
Law
Republic Act No. 878
Decision Date
Jun 19, 1953
An amendment to Republic Act No. 340 establishes a retirement system for the Armed Forces of the Philippines, allowing enlisted men and officers below the rank of colonel to be retired or separated one rank higher than their current permanent rank, provided they meet certain conditions.
A

Conditions for Eligibility for Higher Rank Retirement

  • Separation must not be a form of punishment resulting from general or special court martial findings.
  • Separation must not result from the individual's misconduct, willful failure, intemperate use of drugs or alcoholic beverages, or engagement in vicious or immoral habits.

Special Provision on Rank During Recall to Active Duty

  • Officers and enlisted men promoted before retirement due to merit shall not assume their higher retired rank or grade upon recall to active duty.
  • Retired officers and enlisted men who were automatically elevated one rank or grade by operation of this Act shall resume their rank or grade held prior to retirement when recalled.

Computation of Retirement and Separation Benefits

  • Gratuity or retirement pay shall be computed based on the higher rank or grade at which the officer or enlisted man is retired or separated.
  • Reference to Sections 2 and 8 of Republic Act No. 340 establishes the basis for these monetary benefits.

Effectivity

  • The provisions of this Act took effect retroactively from July 26, 1948.

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