Forfeiture of Pay Due to Absence from Duty Caused by Own Misconduct or Intemperance
- No pay (distinct from allowances) if absent due to disease, sickness, or injury directly resulting from own misconduct, willful failure, or intemperate use of drugs or alcoholic liquor.
Forfeiture of Pay Due to Venereal Disease Caused by Own Misconduct
- No pay (distinct from allowances) if absent due to venereal disease caused by own misconduct.
- Applies within one year following initial symptoms, regardless of whether symptoms appeared before or after entry into service.
Allowance for Necessary Personal Expenses During Pay Forfeiture
- For pay forfeiture over one month due to above provisions, a sum of five pesos per full month paid for necessary personal expenses.
Pay for Enlisted Men Awaiting Court-Martial or Trial Result
- No pay (distinct from allowances) while awaiting court-martial trial or result.
- Exception: If placed on full duty status and performs regular duties, entitled to full pay and allowances during such period unless forfeited by court-martial sentence.
- Restoration to full duty status directed by Chief of Staff with Secretary of National Defense’s approval.
Pay and Allowances for Military Personnel Detained or on Bail by Civil Authorities
- No pay and allowances when detained or provisionally released on bail pending civil trial or imprisonment.
- No pay (distinct from allowances) if returned to military control but absent due to pendency of civil case.
- Entitlement restored if unconditionally released without conviction, acquittal, dismissal of case, or sentenced to destierro.
- Absence without leave or desertion status before or after arrest persists until return to military control, regardless of civil court outcome.
- Entitled to pay and allowances if performing regular duties after return to military control pending trial outcome.
- Restoration or relief from full duty status directed by Chief of Staff with Secretary of National Defense’s approval.
- Section does not repeal laws about suspension from office by the President.
Withholding or Deduction of Pay to Satisfy Pecuniary Liability to the Government
- If administratively determined liable for loss, damage, or deterioration of government property from negligence or abuse:
- Chief of Staff may direct monthly deductions from pay to satisfy liability.
- Deductions shall not exceed two-thirds of authorized monthly pay.
- Pay received must not fall below one-third of authorized pay after deductions and lawful forfeitures.
- Determinations by Secretary of National Defense or Chief of Staff are final and conclusive.
- If account settlement reveals public money due from an accountable or disbursing officer:
- Secretary of National Defense may order withholding of pay to reimburse government.
- May withhold pay pending final account settlement.
- Does not preclude other remedies for recovery of public funds.
- Pay withholding or deductions need not await criminal proceedings for offenses related to government property or funds.
Effectivity and Non-Retroactivity
- Act effective upon approval.
- Does not affect pay and allowances for periods prior to effectivity.
- Does not affect determinations on entitlement or non-entitlement to pay or allowances prior to effectivity.