Gratuities and pensions for disabled or deceased AFP personnel

Defined terms for eligibility

An “Officer” includes any commissioned officer of the Armed Forces of the Philippines or Philippine Constabulary (regular or reserve), probationary second lieutenant, cadet of the Philippine Military Academy, and aviation or naval cadet (Section 2).
An “Enlisted man” includes any person regularly enlisted in the Armed Forces of the Philippines or Philippine Constabulary, an enlisted reservist, or any trainee duly accepted and sworn in for trainee instruction under the National Defense Act (Section 2).
“Active service” means active duty in the Regular or Reserve Force of the Armed Forces of the Philippines, or in the Philippine Constabulary, including military training as cadet, trainee, probationary second lieutenant or reservist, under the National Defense Act (Section 2).
A “Child” includes any child entitled to support under the Civil Code (Section 2).
“Father” and “mother” include a father or mother by adoption when no parent by nature exists; and, when no legal parent exists, any person who stood in loco parentis to the deceased at least one year prior to entry into active service (Section 2).
A “Widow” includes the wife or husband of Armed Forces personnel not legally separated by final judicial decree from the deceased (Section 2).
“Reasonable maintenance” includes housing, food, clothing, and medical care sufficient to sustain a living suitable to and consistent with the parent’s reasonable mode of living (Section 2).

Death gratuity: Who receives, and how much

Upon the death of any officer or enlisted man, the surviving widow and/or children not emancipated receive a gratuity of three thousand pesos (Section 3).
The widow receives one-half (1/2) of the gratuity, and the other half is divided equally among the children entitled thereto (Section 3).
If there is no widow or child, the gratuity is payable to the father and/or mother, divided equally among the parents if both survive the deceased (Section 3).
The entitlement applies when death is the proximate result of wounds or injuries received, or sickness or disease incurred, in active service and in line of duty (Section 3).

Death gratuity rules at beneficiary death

The right to the gratuity is determined as of the time of death of the officer or enlisted man (Section 4).
If, prior to final settlement, any beneficiary dies, that beneficiary’s share passes to the intestate heirs under the Civil Code (Section 4).

Disability pension: Coverage, rates, and increases

For disability that is the proximate result of wounds or injuries, or sickness or disease, incurred in active service and in line of duty, the Government pays a pension to a person who is honorably separated because of that disability (Section 5).
When the disability is rated 25%, the monthly pension is P30 (Section 5).
When the disability is rated 50%, the monthly pension is P50 (Section 5).
When the disability is rated 60%, the monthly pension is P60 (Section 5).
When the disability is rated 70%, the monthly pension is P70 (Section 5).
When the disability is rated 80%, the monthly pension is P80 (Section 5).
When the disability is rated 90%, the monthly pension is P90 (Section 5).
When the disability is total, the monthly pension is P100, unless otherwise provided in later paragraphs (Section 5).
If service-incurred disability causes anatomical loss or loss of use of only one hand or one foot, or blindness of one eye with only light perception, the applicable pension rate is increased by P30 per month (Section 5).
If service-incurred disability causes anatomical loss or loss of use of both hands, or both feet, or one hand and one foot, the applicable pension rate is increased by P40 per month (Section 5).

Determinations, administration, and presumptions

Determinations and redeterminations on line of duty and service connection of the causative wounds, injuries, disease, or sickness; entitlement or non-entitlement to gratuity or pension; the degrees of disability corresponding to each pension rate in Section 5; and other issues necessary to carry out the Act must be made immediately prior to honorable discharge, under rules and regulations prescribed by the President from time to time (Section 6).
The Philippine Veterans Board administers the funds appropriated to carry out the Act (Section 6).
A person in active service for ninety days or more is deemed to have been in sound physical and mental condition at entry, except for defects, infirmities, disorder, or diseases noted and made of record at entry, or where evidence or medical judgment clearly warrants a finding the condition existed prior to entry (Section 7).
Wounds or injuries received, or sickness or disease incurred in active service are presumed to have been received or incurred in line of duty, absent evidence to the contrary (Section 7).
The determination prior to discharge regarding entitlement to gratuity or pension under Section 6 is presumed final unless evidence and medical judgment clearly show otherwise; then a redetermination may be allowed, provided the discharge or separation is honorable (Section 7).
A pensionee’s employment in any government service or any government owned corporation automatically terminates the pensionee’s right under the Act; the right automatically revives upon separation from that employment (Section 7).
Disability pension under Section 5 applies to personnel of the Armed Forces of the Philippines and the Philippine Constabulary who were in active service on July 1, 1950 (Section 7).

Appropriations; added benefits; exclusions and repeals

PHP 400,000 is authorized to be appropriated out of the general funds of the National Treasury for payment of gratuities or pensions under the Act (Section 8).
Any gratuity or pension under the Act is in addition to any retirement pay payable under existing laws (Section 9).
No person who has received death or disability benefits under Republic Act No. 573 is entitled to the benefits of Republic Act No. 610 (Section 9).
No payment shall be made hereafter to beneficiaries of deceased officers and enlisted men of the Armed Forces of the Philippines or the Philippine Constabulary under the provisions of Republic Act No. 30 or any other law granting similar benefits to officers and employees generally of the National, provincial, or municipal government (Section 9).
Commonwealth Act No. 400 and Section 91-A of the National Defense Act, as amended, are repealed (Section 9).

Effect and governing mechanics

The Act provides gratuities for death and pensions for disability when causation is the proximate result of service-related injuries, sickness, or disease occurring in active service and in line of duty (Sections 3 and 5).
Eligibility is resolved through determinations made immediately prior to honorable discharge, with later adjustment through redetermination when standards are met (Sections 6 and 7).