.§·i!n~tl;~ 
SIXTEENTH CONGRESS OF THE REPUBLIC ) 
(f)lh;r uf til. ... _~vl.rbr~ 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'15 
JON -4 P 2 :50 
SENATE 
S. No. 
2801 
RECE!VUl !lY:~~ 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
EXPANDING THE DEFINITION OF SURVIVORS OF AFP MILITARY 
PERSONNEL ENTITLED TO RETIREMENT AND SEPARATION BENEFITS, 
AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 1638 
EXPLANATORY NOTE 
Presidential Decree (P.D.) No. 1638, otherwise known as "Establishing a 
New System of Retirement and Separation for Military Personnel of the Armed 
" 
Forces of the Philippines and for Other Purposes," enumerates benefits for military 
retirees, and the conditions for entitlement. 
P.D. No. 1638 grants monthly annuities to survivors of the military retirees 
as well. These are the (1) surviving spouse, (2) surviving and unmarried legitimate, 
adopted and acknowledged children below 21 years of age, and (3) in default ofthe 
spouse and children below 21 years of age, children 21 years of age and above, or 
surviving parents, or surviving unmarried siblings. 
This bill seeks to expand the definition of survivors in the Decree for two 
purposes. First, it promotes the trend in our welfare legislation of amelioration and 
declassification of illegitimate children by giving them rights equal to the 
legitimate children. Second, it reinforces the intent of the Decree to provide 
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dependents of military retirees support by including in the definition those who 
need the benefits the most, particularly children who are incapacitated. 
2 
~ 
~ .D)~ 
MIRIAM DEFm~S~ANTI¥GO 
~ 


, 
I 
SIXTEENTH CO~GRESS OF THE REPUBLIC ) 
OF THE PIfILIPPINES 
) 
Second Regular Session 
) 
'15 
JUN -4 P 2 :SO 
SENATE 
S. No. 
2801 
lI,ltroduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
1 
AN ACT 
2 
EXPANDING THE DEFINITION OF SURVIVORS OF AFP MILITARY 
3 
PERSONNEL ENTITLED TO RETIREMENT AND SEPARATION BENEFITS, 
4 
AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 1638 
5 
SECTION 1. Presidential Decree No. 1638, Section 25 is hereby amended to 
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read as follows: 
7 
Section 
25. 
For 
the 
purposes 
of 
this 
Decree .... 
8 
b. 
Survivors shall mean .... 
9 
2. 
Surviving 
AND 
UNMARRIED 
LEGITIMATE, 
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LEGITIMATED AND ILLEGITIMATE child[ren] of an officer or 
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enlisted man born [of his marriage contracted] prior to his 
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retirement/separation from the service, and SURVIVING AND 
13 
UNMARRIED chiId[ren], adopted or acknowledged, while the 
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deceased parent was still on active military service: Provided, That 
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[entitlement to benefits shall terminate when such children attain 
16 
twenty-one (21) years of age or get married.] THE CHILD IS 
17 
BELOW 21 YEARS OF AGE, OR 21 YEARS OF AGE AND 
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ABOVE BUT INCAPABLE OF SELF-SUPPORT DUE TO A 
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,c 
\ 
,,' 
1 
CONGENITAL 
DISABILITY, 
EITHER 
PHYSICAL 
OR 
2 
MENTAL, OR ANY DISABILITY ACQUIRED. 
3 
SECTION 2. Separability Clause. - If any provision or part hereof is held 
4 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
5 
affected shall remain valid and subsisting. 
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SECTION 3. Repealing Clause. - Any law, presidential decree or issuance, 
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executive order, letter of instruction, administrative order, rule or regulation 
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contrary to, or inconsistent with, the provision of this Act is hereby repealed, 
9 
modified, or amended accordingly. 
10 
SECTION 4. Effectivity Clause. ~This Act shall take effect 15 days after its 
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publication in at least two newspapers of general circulation. 
Approved, 
Itdp29May2015 
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