Title
Pay Status of Armed Forces Personnel
Law
Republic Act No. 138
Decision Date
Jun 14, 1947
Republic Act No. 138 defines the pay status and entitlements of military personnel in the Armed Forces of the Philippines, addressing various situations such as missing, unauthorized absence, diseases arising from misconduct, and personnel awaiting trial or detained by civil authorities.

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.

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