Law Summary
Application and Acknowledgment Procedure
- Applications for recognition of back pay must be filed with the Treasurer of the Philippines within one year from the approval of the Act.
- The Treasurer will acknowledge and file requests under rules promulgated by the Secretary of Finance.
- Applicants receive a notice stating the total amount due and a certificate of acknowledgment guaranteeing redemption by the government within ten years without interest.
- Certificates of Indebtedness may be issued covering all or part of recognized salaries or wages.
Uses and Restrictions of Certificates of Indebtedness
- Certificates can be used to pay:
- Obligations to the Government or its branches and government-controlled corporations.
- Taxes.
- Government hospital bills.
- Purchase or lease of public lands.
- Refund of gratuities or pensions.
- Certificates are non-transferable more than once and cannot be discounted at rates above 2% per annum.
- Certain Philippine entities can accept or discount certificates at up to 3.5% for ten years.
- For Philippine Army members, recognized guerrilla forces, and Philippine Scouts, redemption period extends to thirty years dependent on government funds.
- Failure to apply within the specified period results in forfeiture of back pay rights.
Computation of Back Pay Amounts
- Computed based on salaries, emoluments, fees, allowances, per diems, etc., as of January 1, 1942, for Manila or the date before occupation for other provinces.
- Obligation is on the government branch or unit employing the person as of December 8, 1941, or if merged/nonexistent, on the current employing government entity or the National Government.
- For Philippine Army, scouts, and guerrilla forces, the basis is the authorized pay and rank as of April 9, 1942, and May 7, 1942, respectively.
- Members of military commissions have back pay basis following the same military pay scale rules.
Deductions from Back Pay
- Three months' advance salary given under earlier administrative orders and two months' gratuity paid in 1945 are deductible from back pay amounts.
Additional Conditions for Military Personnel
- Certificates issued to Philippine Army members, guerrillas, and scouts for obligations to the government or third parties shall not exceed the amount of the obligations as of the Act’s approval.
- The one-year application limit applies specifically to these military groups.
Administration and Implementation
- A Commission comprising the Chairman of the Philippine Veterans Board, the Undersecretary of National Defense, and the National Treasurer is created to implement the Act.
- The Commission is headed by the Chairman of the Philippine Veterans Board.
- The National Treasurer issues back pay certificates as directed by the Commission.
- The Commission may request personnel support from other government offices.
- Certificates issued shall not exceed five million pesos a year.
Effective Date
- The Act takes effect immediately upon approval on June 20, 1953.