Policy and governing definitions
- Section 1 declares State policy to foster veterans’ socio-economic security and general well-being in recognition of patriotic services in times of war and peace, for national unity, independence, socio-economic advancement, and maintenance of peace and order.
- Section 2 defines Administrator as the Administrator or the Philippine Veterans Affairs Office (PVAO).
- Section 2 defines Veteran to include: (a) persons who rendered honorable military service in the land, sea, or air forces of the Philippines during specified wars/campaigns, including Filipino citizens who served in Allied Forces in the Philippine territory and foreign nationals who served in Philippine forces; and (b) persons who rendered military service in the Armed Forces of the Philippines (AFP) and were honorably discharged or separated after at least six (6) years total cumulative active service, or sooner separated due to death or disability from a wound/injury or sickness/disease incurred in line of duty.
- Section 2 defines status and related terms including Military personnel officers, enlisted personnel, draftees, and trainees in active AFP service; Officer; Enlisted Person; Draftee; Trainee; Political Prisoner; Active Service; Total cumulative active service; Overseas Service; and family/dependency terms including Dependent, Surviving Spouse, Children, Minor Children, Incompetent, Parents, and Indigent Parents.
- Section 2 ties Indigent Parents to aggregate income deemed inadequate for daily sustenance or below the poverty line, as determined by the Philippine Veterans Affairs Office based on official figures released by NEDA or other appropriate government agency.
- Section 2 defines Anti-Dissidence Campaign, or other wars and military campaigns as those conducted by the AFP starting from July 4, 1946.
Claim processing, oath authority, and fees
- Section 3 requires all claims for benefits granted under Republic Act No. 6948 and these Rules to be processed and adjudicated as prescribed.
- Section 4 provides that, except as otherwise provided in the Rules, applications for benefits and compensation granted under Republic Act No. 6948 and these Rules shall not prescribe.
- Section 5 requires all applications for benefits to be filed with PVAO, except disability pensions of military personnel which must be filed with General Headquarters, AFP for docketing and processing before transmittal to PVAO; final payments by PVAO are made as finally adjudicated by the Administrator.
- Section 6 authorizes specified PVAO personnel to administer oaths needed in investigations or other Administrator-authorized duties; other officials may administer oaths only when properly authorized by the Administrator and only for documents supporting claims.
- Section 7 prohibits charging any fee or compensation to any veteran or beneficiary for services rendered in official business or for any transaction relating to a claim, unless expressly authorized by the Administrator; it also prohibits retention or deduction of any amount from any pension.
Evidence rules for military status and family records
- Section 8 requires determination of a veteran’s military status based on specified documentary proof categories, depending on the war/campaign or veteran type.
- Section 8 provides that World War II, Korean Campaign, Vietnam Campaign, Anti-Dissidence Campaign, or other wars and military campaigns veterans’ status may be determined based on original AFP/military unit papers (e.g., assignment papers, discharge/demobilization papers, special and general orders, memoranda, circulars, personal commendation, military communications, or written matters received while in service) and/or pay and allowance and service-record verification materials (e.g., voucher and verification slips, rosters, clinical records, casualty reports, extracts from OTAG, AFP, or statements from finance/internal audit offices showing payments for salaries or money received).
- Section 8 provides documentary alternatives for Unrecognized Guerillas, including records from prior categories where recognition was not recognized or was revoked; U.S. Army-submitted rosters certified by the custodian of government depository records (submitted on or before 30 June 1948); and affidavits establishing categorical chronological membership in an unrecognized/deserving guerilla organization, attested by the veteran and others, plus affidavits of reputable local citizens.
- Section 8 provides documentary alternatives for Political Prisoners including affidavits from members of Philippine Army/guerrilla units in good standing, confinement records, release papers, affidavits of eyewitnesses/fellow inmates, affidavits of local officials with personal knowledge, and a death certificate issued by the local civil registrar if available.
- Section 8 authorizes filed or spot investigations by PVAO for corroboration of evidence.
- Sections 11 and 12 establish proof rules for marriage, identity, filiation, and death using civil registrar records, certified true copies of birth certificates, legal adoption papers, certifications for non-availability of civil records with church/civil documents and affidavits of at least two (2) disinterested persons, death certificates or death affidavits, Muslim civil registry proof by Muslim Circuit Registrar with mayor/commanding officer and two disinterested persons’ sworn statements when no Muslim registry record exists, and authentication/admissibility rules for foreign documents via Philippine consulate authentication.
- Section 12 provides that a criminal conviction after discharge or separation, if not in repudiation of service nor of the physical disability for which benefits were awarded, shall not be a ground to deny or cancel benefits.
- Section 12 provides that a final judgment gross violation of human rights while in active service, certified by the Commission on Human Rights, bars the veteran from receiving any benefit under these Rules, while not prejudicing entitlement of next of kin.
Educational benefits: eligibility, periods, and administration
- Section 13 provides that eligible persons who have never before enjoyed educational benefit under Philippine or United States law, and who desire to study, shall be admitted to government-authorized schools with all school fees—including tuition, matriculation, athletic, library, laboratory, medical, military training, diploma and matriculation fees—at Government expense, subject to the Rules’ conditions.
- Section 13 limits educational eligibility to: World War II resistance and liberation participants; PEFTOK veterans for 15 September 1950 to 31 May 1955; PHILCAG/Philippine Contingent in Vietnam veterans for 31 August 1964 to December 1969; specified child/grantee transfers via renunciation and specified surviving spouse and child selections governed by Administrator determinations.
- Section 14 allows waiver of previously approved educational benefits in favor of a specified child under defined circumstances, including where the benefit has not been used and is waived to one child, or where the benefit was partially used regardless of course completion.
- Section 15 establishes minimum entitlement that in no case shall it be less than 24 months, and otherwise computes entitlement length using “twelve (12) months plus length of war-time service” rules for World War II categories and “twelve (12) months plus length of overseas service” rules for Korean and Vietnam campaigns.
- Section 15 sets specific entitlement computations for World War II variants, including: recognized guerrillas based on joining/induction relative to recognition date and discharge/death limits; personally recognized guerrillas; members of the Military Police Command/Post Liberation Philippine Army or deserving guerrilla organizations receiving 24 months regardless of length of war-time service.
- Section 16 governs the documentary bases used to compute World War II educational entitlement, including AFP/OTAG records (e.g., MSR, MPF, SPAV, discharge and orders), backpay acknowledgments (RA 304 or RA 897), U.S. Army/U.S. Veterans Administration certifications, Judge Advocate Generalas Office (JAGO), AFP final distribution decrees, and prisoner of war records; it also preserves the 24-month rule for specified groups.
- Section 17 states educational benefit effectivity timing: awards take effect at the beginning of the relevant semester/trimester/quarter/summer during which approved, except for elementary/high school where effectivity is at the beginning of the school year, enrollment failure allows subsequent use, and failure to comply with release requirements delays effectivity to the term when released.
- Section 18 limits “authorized educational institution” to schools recognized and/or permitted by DECS, excluding schools/institutions operating in Philippine or foreign territory by authority of a foreign government.
- Sections 19–22 define measures and rules for school year (two (2) semesters of five months each plus one (1) summer term of two months, or alternatives of trimesters/quarters), define “course” as complete post-secondary/tertiary/higher authorized by DECS, require manifestation of specific course in prescribed form or in writing to PVAO, and regulate change of course when there is remaining entitlement balance or when wrong course is chosen for plausible reasons subject to counseling and a restriction during extension unless at least 75% of units are credited to the new course that is neither longer nor more expensive.
- Section 23 allows benefits for course leading to priesthood/ministry only to the extent of the secondary and liberal arts portion, provided the school is authorized/recognized by DECS.
- Sections 24–30 regulate extensions and refunds:
- Section 24 provides extension beyond the basic period with effectivity upon filing the application in the semester/school year, including automatic extension when the basic balance cannot cover a term, and extension of expired benefits subject to conditions including no failures during the basic period of entitlement, treatment of incomplete/conditioned grades, refund rules for non-required failures/subjects, and justification notice to PVAO and the school registrar within thirty (30) days from events beyond the grantee’s control; it also governs extension to a second course requiring 75% unit credit, refunding school fees for uncredited units, and extension for subsequent grantees with limits on aggregate enjoyment of not more than 25% of the basic entitlement and additional rules when a first grantee dies within enjoyment.
- Section 25 sets the manner of granting extension by term, with special durations for medicine/medical technology clerkship or internship of one (1) year or twelve (12) months, and for elementary/high school extension of ten (10) months.
- Section 26 requires that enjoyment of educational benefit in elementary/high school is not deducted from the basic period, with rules preventing overlapping enrollment and allowing deduction and limited extension when the waive pursues a lower grade/year than the veteran’s attained/finished grade/year.
- Section 27 requires PVAO payment of total school fees based on authorized DECS schedules appearing in school publications, with limitations: review course fee payment is allowed only for one extension, while graduation and diploma fees are payable for every diploma earned during the benefit.
- Section 28 requires refund of school fees in defined drop/failure scenarios, including wrong-course situations with dropped all subjects and specific rules for dropped/withdrawn subjects during extension beyond allowed courses.
- Section 29 exempts refunds when subjects are dropped/withdrawn due to ill-health, calamity, or transfer of military station, subject to conditions including medical certificate or certifications/assignment orders, submission within thirty (30) days from dropping, registrar certification of reason, and deduction of corresponding months from basic entitlement; it also allows an option to refund the whole charges for the term to restore the period when conditions for beyond-control reasons are unmet.
- Section 30 provides that restoration of the period of entitlement or any portion is not granted except as specifically provided in Sections 28 and 29; it directs that PVAO pays authorized fees and the grantee must claim refunds from the school for amounts personally paid in advance.
Disability pensions: eligibility, rates, timing, and revaluation
- Section 31 provides that disability pension applies to a veteran disabled due to sickness, disease, wounds, or injuries sustained in line of duty and while in active military service during specified periods and organizations, including: Philippine Army or guerrilla forces between 8 December 1941 and 3 July 1946; AFP and Philippine Constabulary between 4 July 1946 and 8 April 1990; PEFTOK between 15 September 1950 and 31 May 1955; and PHILCAG/Philippine Contingent in Vietnam between 31 August 1964 and 20 December 1969; it also applies to AFP military personnel disabled on or after 9 April 1990.
- Section 32 provides monthly pension rates based on disability rating, unless the claimant is already receiving a similar pension for the same disability from other Philippine government funds or the United States Government:
- 10% to 30%: PHP 600.00
- 40%: PHP 675.00
- 60%: PHP 750.00
- 60%: PHP 825.00
- 70%: PHP 900.00
- 80%: PHP 975.00
- 90%: PHP 1,050.00
- Total or 100%: PHP 1,125.00 plus PHP 150.00 each for the legal spouse and unmarried minor children
- Section 33 provides pension effectivity timing based on the applicant category:
- For military personnel of the Philippine Army and guerrilla organizations of World War II: pension is effective on the day the application is received but not earlier than 9 April 1990.
- For all other veterans: pension is effective on the date immediately following the date of discharge if the application is filed within one year after separation; otherwise, effective on the day the application is received if filed beyond one (1) year.
- Section 34 assigns periodic re-evaluation/redetermination to the Disability Rating Board (DRB) of PVAO, and authorizes the AFP Medical Center and Veterans Memorial Medical Center (VMMC) to make available clinical records and conduct tests/examinations on request; it also allows other nearest government hospitals to perform examinations upon DRB request.
- Section 35 exempts a disabled veteran from periodic examination and re-rating when the disability is static, permanent with no likelihood of improvement, or when the veteran is fifty-seven (57) years of age or over.
- Section 36 allows disability pension despite employment and/or retirement in the government service, including government-owned/controlled corporations and subsidiaries, but provides restoration of previously suspended disability pension due to such employment before ratification of the 1987 Constitution is effective only on approval of the application lifting the suspension.
Death suspension and death pensions
- Section 37 provides monthly death pensions to surviving spouse and unmarried minor children, or in default thereof indigent parents, for death of a veteran in line of duty or at any time after honorable discharge due to line-of-duty wounds/injuries, sickness/disease, or political prisoner death, subject to non-duplication rules excluding those already receiving similar pensions from other Philippine government funds or the United States Government.
- Section 37 sets full rates:
- Surviving spouse: PHP 500.00 until remarriage or death
- Unmarried minor children: PHP 250.00 for each child until age eighteen, marriage, or death
- Indigent parents: PHP 250.00 for each indigent parent with right of accretion until death
- Section 37 reduces entitlement to only fifty (50%) of the above rates when the death is of a veteran/military personnel of the AFP in line of duty of injury/ailment not incurred in war or in a military campaign against aggression, dissidence, rebellion or sedition or as a direct result of such campaign.
- Section 38 grants surviving spouse of a revolution veteran a monthly pension of PHP 600.00 until remarriage or death, while overriding inconsistent provisions of Section 37 except where the surviving spouse already receives a similar pension from other government funds.
- Section 39 terminates the right to death gratuity under Section 6 of Republic Act No. 573 and Sections 3 and 4 of Republic Act 610, as amended for next of kin of AFP military personnel who died in line of duty on 9 April 1990, and replaces it with death pension under these Rules subject to options:
- If the death gratuity right already accrued prior to 9 April 1990, next of kin may waive it or receive the death pension under these Rules.
- If gratuity already received, next of kin may apply for death pension if death gratuity is refunded from future death pension in a reasonable monthly amount determined by the Administrator until fully refunded.
- Section 40 defines service-connected disability as principal cause of death when evidence establishes such disability as the principal cause or contributory/complication, with “principal cause” concepts tied to immediate/underlying causes and etiological relation, and “contributory cause” requiring substantial/material contribution to death.
- Section 41 provides a presumption of death in line of duty during World War II when an officer/enlisted personnel of the Philippine Army or recognized guerrilla organization has not been heard from by nearest kin within one (1) year after 2 September 1945.
- Section 42 provides that death of any military personnel in good standing of the Philippine Army or recognized guerrilla organization or political prisoner, regardless of cause, entitles the surviving spouse and unmarried minor children or indigent parents to death pension under these Rules.
Pensions for revolution and old age
- Section 43 provides that any veteran who served in the revolution against Spain and the Philippine-American War between 23 August 1896 and 2 May 1902 is entitled to monthly pension of PHP 600.00 plus PHP 150.00 each for spouse and unmarried minor children.
- Section 44 provides that a veteran aged at least sixty-five (65) years old shall be paid an old-age pension of PHP 500.00 monthly unless already receiving a similar pension for the same consideration from other government funds or the United States Government.
- Section 45 grants surviving spouse of a veteran who died after receiving old-age pension PHP 500.00 monthly until remarriage or death, and grants surviving spouse of a veteran who died without having received old-age pension PHP 500.00 monthly when she reaches sixty-five (65) until remarriage or death, unless already receiving a similar pension.
Hospitalization, medical care, confinement priority, and bills
- Section 46 provides that PVAO provides hospitalization, medical care, and treatment for all veterans, military retirees, and disabled veterans receiving disability pension under these Rules, and for their surviving spouses, unmarried minor children, or mentally or physically incompetent children regardless of age, and dependent parents or foster parents regardless of the veteran’s or military retiree’s civil status, in the VMMC, veterans wards of selected government hospitals, or other facilities designated by PVAO.
- Section 47 sets order of precedence in confinement by bed availability:
- Veterans and military retirees with service-connected disabilities/diseases receiving monthly disability pension
- Veterans and military retirees with non-service connected disabilities/diseases needing immediate medical attention
- Veterans and military retirees with non-service connected disabilities/diseases not requiring immediate medical attention
- Eligible dependents
- Other persons authorized under PVAO rules as approved by the Secretary of National Defense
- Section 48 requires establishment of veterans wards in selected government hospitals to follow terms and conditions of contracts between the Administrator and hospital directors, subject to approval by the Secretary of National Defense and the Secretary of Health.
- Section 49 requires contracted hospitals to submit monthly hospital bills on a per diem basis covering board, lodging, medicines and medical services, plus lists of patients and patient days, attested to by a concerned PVAO Regional Veterans Assistance Representative, Contact Officer, or accredited contact office; payment is allowed only upon PVAO verification of each listed veteran/military retiree status; the daily bed-patient list cannot exceed the authorized number except for excess days to compensate for short quota periods.
- Section 50 allows admission of veterans and military retirees and their dependents in non-contracted government hospitals in urgency or for convenience/expediency, consistent with arrangements made with the Department of Health.
Burial benefits and special administrative rules
- Section 51 requires the Administrator to provide to the next of kin of each deceased veteran:
- a Philippine flag to drape the casket, presented by the next of kin in the appropriate manner; and
- burial assistance of PHP 4,000.00 from the United States Government as a requirement for entitlement only if the next of kin is entitled to a similar U.S. benefit upon application filed in due form within two (2) years from the veteran’s death.
- Section 52 mandates that the Administrator issue necessary orders, circulars, and memoranda not inconsistent with these Rules and prescribe all forms for applications, processing, adjudication, certifications, reports, records, and other requisite forms.
- Section 53 authorizes provisional reorganization of PVAO by regrouping offices, establishing action offices/agencies, reallocating personnel/resources, and assigning/reassigning functions for efficient implementation and benefit delivery, conformably to the Civil Service Law and Rules.
- Section 54 requires all PVAO officials and employees to strictly observe the Rules, perform duties with honesty and efficiency, and maintain high ethical and progressive standards of public service.
- Section 55 classifies all records, files, reports, and papers pertaining to any claim as classified and prohibits disclosure except when required by a competent court or in connection with a suit/proceeding, when officially requested by a government department/agency/instrumentality for official transactions or administrative action involving the veteran or next of kin, or when the Administrator deems it necessary in appropriate cases.
- Section 56 prohibits pension transfer and payment to anyone other than the pensioner and rejects power of attorney/authority documents executed by the pensioner, except that pensions for minors may be payable to natural parents or guardians, and when the pensioner has physical or legal inability/incapacity, the pension may be made payable to a legal guardian appointed by court or to a person designated by the Administrator or the JAGO AFP.
- Section 57 provides fraud consequences:
- If fraud is shown committed by or with an applicant’s knowledge, PVAO must disapprove the application, or void approval/award as of the award’s effectivity date, and forfeit other benefits due or to become due, without prejudice to filing necessary court action for fraud.
- Parties to the fraud, upon conviction, must be punished by a fine of not more than PHP 2,000.00, or imprisonment for not more than six (6) months, or both, at the court’s discretion, in addition to refunding to PVAO the amount PVAO paid in monthly pension or otherwise disbursed in connection with the fraudulent claim.
- Section 58 directs pension adjustments to match general salary/wage adjustments for National Government and/or AFP personnel, with the same date of effectivity, and funds shall be provided by the Department of Budget and Management.
- Section 59 protects pensions from income tax, attachment, execution, forfeiture, and garnishment, whether in PVAO possession or transit or in the hands of the beneficiary, and prohibits imposing any lien of any kind or under any consideration.
- Section 60 provides separability: if any provision is held invalid, remaining provisions remain in force as if invalid provision were not included.
- Section 61 repeals or modifies all laws, rules, regulations, orders, circulars, and memoranda inconsistent with these Rules.