SenoTe ;
Ne Rene TARY

FIFTEENTH CONGRESS OF THE +) th Ih 26 7377
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

SENATE

s.p.no2041

Introduced by Senator EDGARDO J. ANGARA

EXPLANATORY NOTE

This bill seeks to amend Presidential Decree No. 1638, as amended by Presidential
Decree No. 1650, which provides for the retirement and separation benefits of military
personnel who retired from the Armed Forces of the Philippines after 10 September 1979.

Section 25 of P.D. No. 1638 defines the survivors of a deceased retiree who are
entitled to survivors” benefits under this law. This provision excludes from entitlement the
widow who was married to the retiree after his retirement, the children born of such
marriage and the children adopted or acknowledged after retirement.

In contrast, Republic Act No. 6948, as amended by Republic Act No. 7696,
provides benefits to a veteran’s unmarried widow and minor unmarried children. But it
does not distinguish nor does it discriminate against the surviving dependents, putting only
the elements of re-marriage and attainment of legal age as limiting factors to entitlement of
the retirement and separation benefits.

Verily, there is a need to correct the inequitable portions of PD 1638 and allow the
same to conform to the provisions of RA 6948, the latter exemplifying the policy of
fairness for our veterans’ and military dependents

With this end in view, the immediate approval of this measure is earnestly sought.

tose.


SENATE
OEE OF Ts CCRETANY

FIFTEENTH CONGRESS OF THE ) 1 WL 26 PRT
REPUBLIC OF THE PHILIPPINES ) .
First Regular Session )
RECEIVED BY HE -
SENATE
s.p.No.2041

Introduced by Senator EDGARDO J. ANGARA

AN ACT
AMENDING PRESIDENTIAL DECREE NO. 1638,
OTHERWISE KNOWN AS THE AFP MILITARY PERSONNEL RETIREMENT
AND SEPARATION DECREE OF 1979.

Be it enacted in the Senate and House of Representatives of the Philippines in the
Congress assembled:

SECTION 1. Entitlement of Surviving Spouse and Surviving Children to
Benefits. - Section 25 of Presidential Decree No. 1638 is hereby amended to read as
follows:

“SEC. 25. For [the] purposes of this Decree -
XXX .
b. Survivors shall mean -

(1) Surviving spouse if [married to the deceased prior to the
latter’s retirement/separation and] not legally separated by
judicial decree from the deceased issued on grounds not
attributable to said spouse: Provided, That entitlement to
benefits shall terminate upon the re-marriage of said
spouse.

(2) Surviving children of an officer or enlisted man [born of his
marriage contracted prior to his retirement/separation from

the service, and children, adopted or acknowledged, while


12
13

the deceased parent was still on active military service]:
Provided, That entitlement to benefits shall terminate when
such children attain twenty-one (21) years of age or get

married.

SEC. 2. Repealing Clause. All laws and rules and regulations or parts thereof

inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 3. Effectiuity. This Act shall take effect fifteen (15) days following the date
of its publication in the Official Gazette or in at least two newspapers of general

circulation.

Approved,