Law Summary
Definition of "Family"
- Prioritizes surviving legal spouse and legitimate children, then parents, siblings, and aunts/uncles in that order.
- For Muslim personnel, application of the Code of Muslim Personal Laws (Shari'a) is recognized.
Nature and Scope of Financial Assistance
- Equivalent to six months' average salary, including allowances and bonuses from the last 12 months prior to the incident.
- The assistance is not part of the estate and is exempt from attachment, garnishment, execution, and taxation.
Procedure for Disbursement
- The cashier from the personnel's office must disburse assistance within three days upon certification of death or permanent incapacity from the unit commander.
- Permanent disability requires medical certification by designated medical officers.
- A report including actual certificate must be submitted to the Secretary of National Defense or Director General of the Integrated National Police after payment.
Funding and Position Vacancy Rules
- Payment is sourced from expected salary, allowances, and bonuses for the six months following the death or incapacity.
- The vacant position shall not be filled during this period unless public welfare demands otherwise.
- If the position is filled earlier, the fund must be replenished from the emergency savings of the concerned local government unit or department.
- Provision for augmentation personnel exists where emergency funds are lacking.
Medical Expenses Coverage
- Hospitalization expenses for injuries or wounds incurred in the line of duty are charged to the personnel's office budget.
- No additional appropriation is required for these expenses.
Employment Priority for Surviving Spouse and Children
- Surviving spouse has priority employment in government agencies if qualified.
- If spouse is unemployable, already employed, or waives privilege, the employable son or daughter gains this priority.
Educational Scholarships for Surviving Children
- Scholarships cover tuition and miscellaneous fees up to college.
- Scholarship benefits apply to nonexclusive institutions and are subject to institution policies.
- Fees are paid by the National Police Commission or Department of National Defense upon proof of enrollment.
Funding Source for Scholarships
- Derived from license fees for firearms collected by the Philippine Constabulary.
- Initial fund is created from one year’s collection post-approval, with replenishments from subsequent collections.
Fund Administration
- National Police Commission manages funds for Integrated National Police members and firemen.
- Department of National Defense manages funds for military personnel.
Penalties for Delay or Refusal in Payment
- Individuals who delay or prevent payment of assistance face dismissal through administrative action.
Preservation of Existing Benefits
- The law does not diminish or prejudice other benefits already entitled to personnel under existing laws.
Repeal and Amendment Clauses
- Conflicting laws, orders, or rules are repealed or modified to conform with this Act.
Effectivity
- The Act takes effect immediately upon approval.