Title
Increased Benefits for Disabled or Fallen Military
Law
Presidential Decree No. 1044
Decision Date
Oct 28, 1976
Presidential Decree No. 1044 increases benefits for physically disabled or deceased military personnel, providing monthly life annuity or separation pay for those with total permanent physical disability and benefits for survivors, applicable since the imposition of Martial Law.
A

Definitions of Physical Disability

  • Total permanent physical disability includes:
    • Anatomical loss or permanent loss of use of one or both hands, one or both feet or legs.
    • Loss of one or both eyes having only light perception.
    • Loss of mental faculties.
  • Physical disability other than total permanent physical disability is also covered.

Separation Procedures

  • Officers or enlisted persons with total permanent physical disability are compulsorily separated in the next higher grade than their last permanent grade.
  • Those with other physical disabilities are separated similarly in the next higher grade.
  • Trainees or draftees with physical disabilities are separated at the grade of Private.
  • Degree of disability determined by a Medical Board from the military hospital which treated the individual.

Benefits for Physical Disability

  • Total permanent physical disability:
    • Monthly life annuity equal to 50% of base and longevity pay of the next higher grade than last permanent grade.
    • Option to choose benefits under Republic Act No. 340 if advantageous.
  • Other physical disabilities:
    • Separation pay of one month's base and longevity pay per year of active service, based on next higher grade; minimum six months' pay.
  • Trainees or draftees with total permanent disability:
    • Monthly life annuity of 50% of base pay of Private in the Regular Force.
  • Trainees or draftees with other physical disabilities:
    • Separation pay of one month's base pay per year of service computed as a Private; minimum three months. Six months considered one year.
  • Benefits are additional to those under Republic Act Nos. 610, 5889, or 573 as applicable.

Death in Line of Duty Provisions

  • Officers or enlisted persons dying before 20 years are considered separated as if with total permanent disability.
  • Survivors entitled with right of accretion to a monthly life annuity of 50% of base and longevity pay of next higher grade or options under AFP Retirement and Separation System.
  • Trainees or draftees' survivors receive a monthly life annuity of 50% base pay of Private.
  • Benefits are in addition to other disability or death benefits under relevant laws.

Definition and Rights of Survivors

  • Survivors include:
    • Spouse living with or dependent on deceased; benefits terminate upon remarriage.
    • Legitimate, adopted, or acknowledged natural children; benefits end at 21 years of age or upon marriage.
    • Parents, if deceased never married and were dependent.

Effectivity and Coverage

  • Law takes effect upon approval.
  • Applies retroactively to those who incurred physical disability or died in line of duty since martial law declaration.

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