THIRTEENTH CONGRESS OF THE REPUBLIC 
I 
OF THE PHILIPPINES 
1 
First Regular Session 
I 
S E N A T E  
S.B. No. 
1889 
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 PD 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 I‘D 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. 
EDGAR 
kR d&RA 


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THIRTEENTH CONGRESS OF THE REPUBLIC 
1 
OF THE PHILIPPINES 
1 
First Regulav Session 
I 
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6 
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S E N A T E  
S.B. No. 
1884 
Introduced by Senator Edgardo J. Angara 
AN ACT 
AMENDING PRESIDENTIAL DECREE NO. 1638, 
OTHERWISE I<NOWN AS THE AFP MILITARY PERSONNEL 
RETIREMENT AND SEPARATION DECREE OF 1979. 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Entitlement of Surviving Spouse and Surviving Childven to 
Benefits. - Section 25 PD No. 1638 is hereby amended to read as follows: 
"SECTION 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 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. 
SECTION 2. Repealing Clause. AI1 laws and rules and regulations or 
parts thereof inconsistent with the provisions of this Act are hereby repealed or 
modified accordingly. 
SECTION 3. Effectivity. This Act shall take effect fifteen (15) days 
following the date of its publication in the Official Gazette or in at least two (2) 
newspapers of general circulation. 
Approved,