Title
Law creating commission for Filipino veterans' claims
Law
Republic Act No. 1889
Decision Date
Jun 22, 1957
Republic Act No. 1889 establishes a commission to address the unresolved claims of Filipino veterans, aiming to provide them with the rights and privileges granted to recognized guerrilla organizations during World War II.

Legal basis and historical context

  • Republic Act No. 1889 is enacted to address the situation arising from Executive Order No. 21 (October 28, 1944), which declared that persons actually serving in military forces in the Philippines under a commander appointed, designated, or recognized by the Commander in Chief, Southwest Pacific Area, were entitled to the rights and privileges of members of recognized guerrilla organizations.
  • Republic Act No. 1889 recognizes that Executive Order No. 21 was embodied in Circular No. 100 of the USAFFE Headquarters dated November 17, 1944, and that its provisions were partly implemented by the United States Government.
  • Republic Act No. 1889 addresses continuing Filipino veteran claims after the closure of the R. P. D. (Recovered Personnel Division), including instances where claims were processed and approved but not paid and instances of claims unjustly denied.

Commission composition and appointment

  • Section 2 establishes the Commission as the Veterans Claims Commission under the Office of the President.
  • Section 2 provides that the Commission has one Chairman and two Members, all appointed by the President with the approval of the Commission on Appointments.
  • Section 2 sets compensation as follows: the Chairman receives PHP 12,000 annual compensation, and each Member receives PHP 10,000 annual compensation.
  • Section 3 requires that, at the time of appointment, all Commission members are citizens of the Philippines.

Qualifications for members

  • Section 3 requires that at least one member of the Commission be a veteran of the last world war of good standing.
  • Section 3 requires that another member of the Commission be a member of the bar who practiced law for at least five years prior to appointment, or held during a like period an office in the Philippine Government requiring admission to the practice of law as an indispensable requisite.

Powers and duties of the Commission

  • Section 2 grants the Commission power to appoint its own personnel and fix their compensation.
  • Section 2 authorizes the Commission to prescribe rules and regulations to carry into effect the provisions of the Act.
  • Section 2 provides that, with the approval of the President, the Commission may establish a branch office in Washington, D.C. or send representatives to the United States to work for benefits for Filipino veterans.
  • Section 2 requires the Commission to request the Government of the United States directly or through the President or the Ambassador of the Philippines in the United States to turn over to the Commission all papers, evidences, or certified copies of Filipino veterans whose claims were filed with the R. P. D. but were denied.

Fraudulent veteran claim penalties

  • Section 4 imposes imprisonment for six to twelve years on any person who files a false claim, whether in whole or in part.
  • Section 4 also imposes imprisonment for six to twelve years on any person who certifies a claim knowing it to be false.

Time limits, records, and appropriations

  • Section 5 requires that all claims of veterans be disposed of by the Commission within three years from the date of the approval of the Act.
  • Section 5 requires that all records of the defunct Screen Board be turned over to the Commission.
  • Section 6 authorizes the appropriation of PHP 300,000 out of funds in the National Treasury not otherwise appropriated to carry out the Act.
  • Section 6 directs the Commission to render a report within one year from the approval of the Act stating the amount needed to pay in cash or in certificates the claims of veterans and their widows and orphans, and that the necessary amount may be included in the annual Appropriation Act.

Effectivity

  • Section 7 provides that the Act takes effect upon its approval.
  • Republic Act No. 1889 is approved on June 22, 1957 and is enacted as Republic Act No. 1889 (June 22, 1957), identified as S. No. 547 / 53 OG No. 18, 6066 (September 30, 1957).

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