HOUSE "F raives
RECENCY

Republic of the Philippines DATE: _ G
HOUSE OF REPRESENTATIVES tr silk Poy
Quezon City —

SEVENTEENTH CONGRES
First Regular Session

House BILL No.308

Introduced by Rep. Winston “Winnie” Castelo

EXPLANATORY NOTE

Thirty-two (32) years had already lapsed and yet, PD 1638, also known as the “AFP
Military Personnel Retirement and Separation Decree of 1979" still stands today as
governing with regards to retirement and separation of military personnel, officer or
enlisted personnel, from the armed service.

Military service is unique and not few die in line of duty. But it has its own rewards in
terms of retirement or separation benefits and other entitlements that in fact, extend
to the immediate beneficiaries or survivors of every officer or enlisted personnel,
Such survivors receive monthly annuity based on certain criteria.

This bill precisely seeks to zero in on adjustment or liberal reform to that portion of
PD 1638 which delves into what “survivors shall mean” or as provided for in Section
25 of said presidential decree. More specifically, it intends to relax in a proposed
‘exemption or specific case the provision that “entitlement to benefits shall terminate
when such children attain twenty-one (21) years of age or get married” whereby such
entitlement may go beyond the 21-age bar.

Under the proposed measure, there is one overriding concern it aims to address and
it is called as the derivative pension system which flows from the AFP Retirement
Law. It derives is inspiration from the fact that there are, although not too many,
children of deceased military personnel who are special, incompetent, mentally
retarded, handicapped, or disabled.

As such, “their situation prevented them from attaining full capacity for all aspects of
civil life” (SAGO Opinion of 16 January 2008). Thus, if they happen to be the
survivors of deceased military personnel who retired from the service, perforce
should they receive monthly annuity that shall not be terminated even upon reaching
twenty-one years of age that PD 1638 has set as limit.

In a JAGO opinion, an important assumption had been raised on the 21 year of age
requirement for derivative pension under the PD. It says — “when a child attains that
age, it is assumed that he has already physically, mentally, psychologically, and
emotionally matured which enables him to have full capacity for all acts of civil life.
However, full capacity for all acts of civil life depends upon the favorable
development of an individual. This applies to mentally retarded persons or to those
whose mental faculties do not normally develop.”


In fact, this is the rallying cry of this measure. It simply means that if at one point,
derivative pension for survivors who are otherwise mentally or physically retarded or
handicapped and for that matter cannot ever attain that ‘full capacityor all ai

civil life’ have been entitled to them even beyond age of 21 years,

this important bill to lay the legislative framework for its continued



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3088

Introduced by Rep. Winston “Winnie” Castelo

AN ACT

AMENDING PRESIDENTIAL DECREE NO. 1638, OTHERWISE KNOWN AS “THE AFP MILITARY
PERSONNEL RETIREMENT AND SEPARATION DECREE OF 1979, BY ADDING A NEW SECTION 25-A
GRANTING CHILDREN/SURVIVORS WHO ARE MENTALLY RETARDED EXEMPTION FROM
TERMINATION OF BENEFITS UPON REACHING AGE OF 21 YEARS OF AGE, APPROPRIATING FUNDS
THEREFOR

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

SECTION 1: This Act shall be known as the “AFP Derivative Retirement
Pension For Children/Survivors Act of 2016.”

SEC. 2. The AFP Military Personnel Retirement and Separation Decree of
1979 is hereby amended by adding a new Section 25-A to read as follows:

“Section 25-A. Grant of Exemption. - Children/survivors who are
certified by competent medical officer to be mentally retarded and therefore
cannot normally develop toward full capacity for all acts of civil life are hereby
granted exemption from termination of derivative pension benefits upon
reaching the age of twenty-one (21) years of age.

SEC. 3. The Secretary of the Department of National Defense and the Chief
of Staff, Armed Forces of the Philippines shall promulgate the necessary rules and
regulations for the effective implementation of this Act within thirty (30) days from its
effectivity.

SEC. 4. The provisions of this Act are hereby deemed separable. If any
provision hereof is declared invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the other provisions which shall remain in effect.

SEC. 5. All laws, decrees, issuances, executive orders, rules and regulations
inconsistent with the provision of this Act are hereby repealed or modified
accordingly.

SEC. 6. This Act shall take effect upon its publication in the Official Gazette
and in at least three newspapers of general circulation thirty (30) days upon its
approval.

Approved,