FOURTEENTH CONGRESS OF THE 
1 
First Regular Session 
1 
I 
7 
,JUL -3 P5 2 c 
REPUBLIC OF THE PHILIPPINES 
liq? 
rwxwm iv : 
_yI1 
i 
-k 
S E N A T E  
S.B. NO. 
876 
Introduced by SENATOR EDGARDO J. ANGARA 
EXPLANATORYNOTE 
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 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. 
EDGARDO J. ANGARA 
Senator 


1 
2 
3 
4 
S 
6 
7 
8 
9 
10 
11 
12 
13 
14 
1s 
16 
17 
S.B. No. 
876 
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 by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Entitlement of Surviving Spouse and Surviving 
Children 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 I 
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 
I 
separation from the service, and children, adopted or 
1 


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. 
1 
2 
3 
4 
5 
6 
7 
8 
9 
repealed or modified accordingly. 
SECTION 2. Repealing Clause. All laws and rules and regulations 
or parts thereof inconsistent with the provisions of this Act are hereby 
10 
11 
12 
SECTION 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 
13 
14 
15 
Approved, 
(2) newspapers of general circulation. 
2