Law Summary
General Pay Status of Military Personnel
- Pay and allowances are prescribed by law and received as long as a person remains in active military service.
- Pay corresponds to rank or grade unless forfeited or not accrued.
- Arrears in pay should not exceed two months except under unavoidable circumstances.
- Separation from active service for pay purposes is effective only from when the individual receives or is legally chargeable with notice.
Pay Entitlements for Missing or Captured Personnel
- Persons missing, missing in action, interned in neutral countries, or captured by enemy forces receive pay and allowances as if present.
- Pay entitlement continues regardless of expiration of service terms during absence.
- Persons absent without authority lose entitlement and must reimburse payments made.
- Secretary of National Defense may direct that a portion of pay support dependents and pay insurance premiums for twelve months.
- After twelve months, Chief of Staff may continue missing status or declare death, determining the date for pay termination and benefit processing.
- Pay support for dependents and insurance premiums generally not paid beyond twelve months unless extended.
- Determinations by Chief of Staff regarding status and pay are final and conclusive.
Unauthorized Absence and Impact on Pay
- No pay or allowances accrue during unauthorized absence unless excused.
- Authorization status of absence is determined administratively, not necessarily by court-martial.
- Morning reports sufficing as proof to withhold pay for unauthorized absence.
- Computation rules for unauthorized absence payments are prescribed by Chief of Staff.
Absence Due to Diseases from Misconduct
- No pay or allowances during absence caused by diseases directly from intemperate use of alcohol or drugs.
- No pay for absences due to venereal diseases caused by misconduct during one year following symptom onset.
- Persons forfeiting pay for over one month receive a nominal payment of five pesos per month forfeited.
- Periods and causes of absence for this purpose are determined by Chief of Staff, whose decision is final.
Pay Status for Personnel Awaiting Trial or Detention
- Officers awaiting court-martial trial receive full pay unless suspended by the President.
- Enlisted men awaiting trial receive no pay unless Chief of Staff orders continuation.
- Pay ceases during desertion, absence without leave, or confinement, and resumes only upon return to duty.
- Pay also stops at the end of enlistment terms during confinement.
- No pay for personnel detained by civil authorities during trial or bail; pay restored if acquitted or unconditionally released.
- Discharge while in custody results in pay only until arrest date; pay restored if acquitted.
- Arrest during authorized leave or furlough allows pay until expiration thereof.
Effectivity
- The law takes effect upon approval.