Definition of Monies and Subjects Covered
- Monies include arrears in pay and allowances (salaries, quarters, bonuses, allowances), amounts due estates of deceased civilians for supplies or services, accrued retirement and insurance proceeds, and deposits.
- "Incompetent" persons are defined per Rule 93, Section 2 of the Rules of Court.
- Applicable to deceased or incompetent individuals domiciled in the Philippines at the time of death.
Administration and Distribution of Monies
- The Judge Advocate General (JAG) of the Armed Forces of the Philippines or authorized representatives administer the monies.
- JAG shall ascertain lawful heirs by all possible means.
- Distribution is summary and made to legal heirs as per Civil Code's succession rules.
- Usufruct rights given to surviving spouse under the Civil Code do not apply.
- Reservation obligations (reserva troncal) exempted unless the reservista dies before payment.
- JAG empowered to pass on the sufficiency of heirship evidence to expedite payment.
Appointment and Duties of Guardians for Incompetents
- JAG or representative shall appoint the most qualified guardian for incompetent persons entitled to monies.
- Preference given to widow or eldest child of age.
- Guardians receive and administer monies under JAG's supervision and may be required to post bond.
- JAG assesses competence and guardian qualifications based on necessary evidence.
Handling Disputes on Heirship
- If disputes arise over legal heirs, JAG suspends summary distribution pending judicial decision via interpleader action.
- Courts are to decide cases within 90 days.
- Interpleader complaints exempt from filing fees, legal fees, and costs.
Payment When Court-Appointed Administrator or Guardian Exists
- JAG proceeds with final payment to heirs or court-appointed guardian despite pending administration.
- If a will covering only the monies exists, JAG probates the will.
- If the will includes other properties, payment follows court-probated will.
Effectivity
- The Act takes effect upon approval on June 1, 1948.