Guidelines on Disposition of Posthumous Pensions

October 12, 2005

PVAO MEMORANDUM

GUIDELINES ON DISPOSITION OF POSTHUMOUS PENSIONS

Pursuant to Section 52 of DO No. A-049 n (Implementing Rules of R.A. No. 6948), the following guidelines shall apply in the processing and payment of uncollected pensions:

1. Entitlement — Pursuant to the DOJ Opinion No. 23, Series of 2001, old age, disability and death pensions under the provisions of Republic Act No. 6948 as amended by Republic Act No. 7696 and its implementing rules and regulations, due the estate of a deceased veteran or his/her widow shall be claimed in due form by his/her legal heirs by PVAO in cases only where the veteran or his/her widow/er has duly approved application for such pension benefit.

2. Basic Requirements — In all cases and regardless of the amount of the accrued/uncollected/posthumous pension, the following documents shall be submitted:

a.) Certified True Copy of the Death Certificate of the deceased pensioner — veteran/surviving spouse pensioner or with approved claim duly issued by the NSO with corresponding Official Receipt of payment;

b.) Evidence of filiation/relationship of the person/s claiming the accrued/uncollected/posthumous pension, e.g., birth certificate/s, marriage certificate, certified true copies thereof issued by NSO with Official Receipts of payments; AND

c.) Application form duly accomplished and filed by qualified claimant to the posthumous pension, marked as PVAO PP Form A.

3. Procedures —

a.) Applications for Posthumous Pensions shall be received and docketed by designated frontline officers and transmitted for verification of the due execution and authenticity of the submitted basic requirements as mentioned above.

b.) The file folder shall be officially transmitted after verification to the Legal Division to evaluate and ascertain the documents. Simultaneously, the transmittal shall be furnished the Finance Division for certification of the total amount of uncollected pensions.

c.) Upon receipt from Finance Division the statement of uncollected pension, Legal Division shall advise claimant of the additional requirements as mentioned in the succeeding paragraph depending on the amount, and after review of the legal sufficiency thereof, shall recommend for approval of the Administrator. DaAIHC

4. Additional Requirements — Aside from the basic requirements mentioned in No. 2 above, and in all cases, the following shall be required depending on the amount of the accrued/uncollected/posthumous pension:

 Requirements

a. Less than P10,000.00 Notarized Affidavit of Claim with Waiver of Rights and Deed of Indemnity signed by all the Heirs of the Decedent (PVAO Form C).

b. P10,000.00 or more but less  Notarized Affidavit of Claim with Waiver of than P20,000.00 Rights and Deed of Indemnity by all the Heirs of the decedent, and with Certificate of Indemnity executed by two (2) solvent persons preferably PVAO pensioners (PVAO Form), unless the claimant is the surviving spouse, in which case, such certificate by solvent person shall no longer be required. The consideration of the indemnity shall be double the amount certified as uncollected pension. The Deed of Indemnity shall be enforceable for a period of two (2) years from date of release/payment of accrued/uncollected/posthumous pension.

c. P20,000.00 or more but Notarized Affidavit of Claim with Waiver of not exceeding 50,000.00 Rights and Certificate of Indemnity by all heirs and two solvent persons (PVAO Form C).

— Heirs' Bond which may either be a cash Bond, or Surety Bond to be secured by the heirs from a reputable Surety Company acceptable to PVAO with PVAO as beneficiary callable on demand and for a period of two (2) years from date of release/withdrawal of accrued/posthumous pension.

d. More than P50,000.00 The Decedent pensioner's heirs may either:

(i) institute intestate proceeding in court;

— If the Decedent veteran’s heir/s has/have filed testate/intestate proceedings in court, release of payment of accrued/posthumous pension claim shall be allowed on the basis of said court’s order (regardless of amount of Decedent veteran’s accrued/posthumous pension).

— If said court has appointed an Administrator (whether or not special) or Executor said appointee may be allowed to withdraw and receive the accrued/posthumous pension of the Decedent veteran upon submission of the following:

a. original/certified true copy of the Administrator’s/Executor’s appointment authorizing the Administrator/Executor to withdraw and receive the Decedent veteran’s accrued pension from PVAO.

b. If not indicated in the Administrator’s/Executors Appointment papers, another court order should be required authorizing the Administrator/Executor to withdraw and receive the Decedent veteran’s accrued pension.

(ii) Execute an Affidavit of Self-Adjudication or Deed of Extra-Judicial Settlement in the manner provided for under Rule 74 of the Rules of Court.

— An Affidavit of Self-Adjudication on Deed of Extra-Judicial Settlement shall be considered as having executed in accordance with the provisions of Rule 74 of the Rules of Court if

a. embodied in a public instrument;

b. published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province where the estate is located;

c. registered with the Register of Deeds of the City/Province where the properties are located; and

d. Bond has been filed with Register of Deeds in an amount equal to the value of the personal properties of the Estate.

5. Report — The Legal Division shall submit monthly performance report of pending application for posthumous claim and those approved by the Administrator with corresponding amount and total amount thereof. aSTAcH

6. Authorized Forms – the following forms shall be adopted:

Annex A * — Application Form

Annex B * — Transmittal

Annex C * — Affidavit of Claim, Waiver or Rights and Certificate of Indemnity Memoranda, orders and circular inconsistent herewith are repealed or modified accordingly.

Adopted: October 12, 2005

(SGD.) ROGELIO A. DAYANAdministratorPhilippine Veterans Affairs Office

 

n Note from the Publisher: Written as "DO No. A-042" in the original document.