FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
,. 
c. 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
Explanatory Note 
Presidential Decree No. 1638 as amended, 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” as 
amended, enumerates the benefits for military retirees and the conditions for 
entitlement thereto. Through the years, this law has been the source of rights for 
our retirees through which they could avail themselves of the benefits that they 
rightfully deserve. 
Section 27 thereof, however, provides that the name of a retiree who loses 
his Filipino citizenship shall be removed from the retired list and his retirement 
benefits terminated upon such loss. At first glance, this provision seems justified 
since the retiree has lost his Filipino citizenship anyway and therefore should not 
be qualified anymore to receive any monetary benefit from the government, 
But with the passage of RA No. 9225, otherwise known as “Citizenship 
Retention and Re-Acquisition Act of 2003,” civil and political rights may now 
again be enjoyed by those who reacquire Philippine citizenship. 
This bill therefore gives back the right to former retirees who have re- 
acquired Philippine citizenship under RA No. 9225 the same benefits they used 
to receive but were cut off when they lost their Philippine citizenship. But such re- 
entitlement to the retirement benefits will only accrue upon the date of such re- 
acquisition of Philippine citizenship. 
With the foregoing considerations, the passage of this bill is earnestly 
sought. 
Senator 


FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
- 
1 
? t  8 
OF THE PHILIPPINES 
First Regular Session 
1 
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Introduced by Senator Biazon 
AN ACT 
FURTHER AMENDING PRESIDENTIAL DECREE NO. 1638 AS AMENDED, 
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 BY 
GRANTING THE RIGHT TO RECEIVE RETIREMENT BENEFITS TO 
RETIREEES WHO HAVE REACQUIRED PHILIPPINE CITIZENSHIP. 
Be if enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION ONE. Section 27 of Presidential Decree No. 1638 as amended, 
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" as amended, is hereby further amended to read as follows: 
"Section 27. Military personnel retired under Sections 4, 5, 
10, 11 and 12 shall be carried in the retired list of the Armed Forces 
of the Philippines. The name of a retiree who loses his Filipino 
citizenship shall be removed from the retired list and his retirement 
benefits terminated upon such loss. 
IN CASES WHERE A 
RETIREE RE-ACQUIRES PHILIPPINE CITIZENSHIP UNDER 
REPUBLIC ACT 
NUMBER 
NINETY-TWO TWENTY 
FIVE, 
OTHERWISE KNOWN AS THE 'CITIZENSHIP RETENTION AND 
RE-ACQUISITION ACT OF 2003,' HIS NAME SHALL BE 
REINSTATED IN THE RETIRED LIST AND HE SHALL LIKEWISE 
CONTINUE TO RECEIVE HIS RETIREMENT BENEFITS BUT 
EFFECTIVE ONLY UPON THE DATE OF SUCH REACQUISITION 
OF PHILIPPINE CITIZENSHIP." 
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SECTION 2. Separability Clause. - If, for any reason, any part or 
provision of this Act shall be declared as unconstitutional or invalid, such parts or 
provisions not affected thereby shall remain in full force and effect. 
SECTION 3. Repealing Clause. - All other laws, executive orders, 
presidential decrees, letters of instruction, rules and regulations, or parts thereof 
which are inconsistent with any of the provisions of this Act are hereby repealed 
and/or amended accordingly. 
SECTION 4. Effectivity. -This Act shall take effect fifteen (15) days after 
its complete publication in the Official Gazette or in at least two (2) national 
newspapers of general circulation. 
Approved, 
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