Amendments to R.A. No. 340 (Uniform Retirement System for AFP)

June 22, 1957

REPUBLIC ACT NO. 1897

AN ACT TO AMEND CERTAIN PROVISIONS OF REPUBLIC ACT NUMBERED THREE HUNDRED FORTY, ENTITLED "AN ACT TO ESTABLISH A UNIFORM RETIREMENT SYSTEM FOR THE ARMED FORCES OF THE PHILIPPINES, TO PROVIDE FOR SEPARATION THEREFROM, AND FOR OTHER PURPOSES"

 Title II of Republic Act Numbered Three hundred forty is amended by adding thereto a new section to be known as section 8-A, which shall read as follows:

"Sec. 8.-A. If an officer or enlisted man of the Armed Forces of the Philippines dies in line of duty or on account of any wound, injury or illness contracted in line of duty before completing twenty years of active service, he shall be considered as separated for the purposes of this title, and his surviving legitimate, adopted or acknowledged natural children and/or widow shall be entitled to receive, in equal shares and with the right of accretion either (a) a gratuity payable in one lump sum equivalent to one month's base and longevity pay for each year of service rendered by the deceased, computed in the grade held by him at the time of his death, but who shall not, in any case be less than three month's base and longevity pay, or (b) an annual gratuity pay equivalent to fifty per centum of two end one-half per cent of the annual base and longevity pay due the deceased had he been retired on the date of his death for each year's active service rendered but not exceeding seventy-five per cent of the total base and longevity pay to which he might have been entitled had he been retired on the date of his death, such gratuity pay to be paid in equal monthly installments: Provided, That no payment under this section shall be made to children after they have attained the age of twenty-one or have married, nor to the widow if she remarries: Provided, further, That nothing herein shall prevent the surviving widow and/or children from claiming benefits under Republic Act Numbered Six hundred ten, in lieu of the benefits herein provided, if the former are more advantageous to them."

 Sub-section (a) of section nine of the same Act is amended to read as follows:

"(a) Active service rendered by him as a commissioned officer or enlisted man of the Philippine Constabulary, of the Regular or Reserve Force, Army or Armed Forces of the Philippines, of the Philippine National Guard, and as a cadet in the Philippine Constabulary or Philippine Military Academy, in the United States Military or Naval Academy, or in a Philippine or American Air Forces Flying School, or as a recognized guerrilla, or as a trainee, as trainee officer-candidate of the School for Reserve Commission or equivalent service school, as an officer-candidate in the Reserve Officers' Service School, as a probationary officer of the Armed Forces of the Philippines, or as an ROTC cadet undergoing summer camp training, shall be given full credit: Provided, That any officer who was not immediately commissioned upon graduation from the Philippine Constabulary or Philippine Military Academy or from the United States Military or Naval Academy or Philippine or American Air Forces Flying School prior to nineteen hundred thirty-six for reasons not due to his own act or omission shall be deemed to have been in the active service for all purposes of this Act from the date of his graduation: Provided, further, That any reserve officer integrated into or directly appointed to the regular force and placed above or within a class of the Philippine Constabulary or Philippine Military Academy shall, at his option, be credited, for purposes of retirement, with the same number of years of active service as the graduates of the class next above or within which his name was placed: Provided, further, That officers carried in separate rosters not containing Philippine Constabulary or Philippine Military Academy graduates shall be given the same option and credited with the same constructive service for retirement as that credited to integrated ground force officers with whom they have more or less the same length of active commissioned service: Provided, finally, That the service credited to any integree as provided herein shall not be counted in computing his gratuity or retirement pay, and that retirement under this Act shall not be compulsory but strictly optional on the part of the integree who may, at any time after completion of twenty years of service, want to take advantage of this option."

SECTION 3. This Act shall take effect upon its approval.

Approved: June 22, 1957

Published in the Official Gazette, Vol. 53, No. 19, p. 6443 on October 15, 1957