Rules and Regulations Implementing Executive Order No. 198 "Creating the Military Service Board, Providing Funds therefor and for Other Purposes"

June 3, 2003

PVAO DEPARTMENT ORDER NO. 94

RULES AND REGULATIONS IMPLEMENTING EXECUTIVE ORDER NO. 198 "CREATING THE MILITARY SERVICE BOARD, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES"

Pursuant to Section 4 of Executive Order No. 198 dated 21 April 2003 "Creating the Military Service Board, Providing Funds Therefor and for Other Purposes", the following Rules and Regulations are hereby promulgated for the effective implementation thereof:

SECTION 1. Coverage. — These Rules shall apply to all existing claim-applications duly filed pending with the defunct Military Service Board created under Republic Act No. 8440 for confirmation of military services in the Philippines during the period beginning December 8, 1941 and ending July 3, 1946. For this purpose, only those pending claim-applications cognizable by the defunct Military Service Board as contemplated under its enabling law including all claims pertaining to so-called "Not Carried But Processed" (NCBP) guerillas of World War II, shall be acted upon.

SECTION 2. Definition of Terms. — For the purpose of and when used in connection with the confirmation of World War II military service as well as for the purpose of availing of or entitlement to benefits, the following shall be construed in the sense and within the purview of the provisions of Republic Act No. 65, as amended by Republic Act No. 7696 and Republic Act No. 8440;

a. Board — refers to the new Military Service Board created by the Department of National Defense (DND) by virtue of Executive Order No. 198.

b. Unrecognized Guerillas — refers to any military service claimed by any person to have been rendered during World War II in the Philippines for the period beginning December 8, 1941 and ending July 3, 1946, which rendition of service is not carried in the Approved Revised Reconstructed Guerilla Roster of 1948 with no record of payment.

c. Recognized Veterans Organization — refers to any group of patriotic volunteers composed of civilians and members of the Philippine Commonwealth Army disbanded upon the fall of Bataan who organized themselves into an irregular military unit for the purpose of participating in the underground or guerilla resistance movement against the Japanese Imperial Army that occupied the Philippines during World War II, whose wartime existence and operations are borne out by official documents in the military archives of the Republic of the Philippines and the United States Government such as Approved Revised Reconstructed Guerilla Roster of 1948; the book entitled the Guerilla Resistance Movement in the Philippines and the Intelligence Series published by General Douglas Mac Arthur's GHQ Staff under the direction of Major General Charles A Willoughby, which contained declassified intelligence data gathered by radio contacts and penetration agents of the G-2 Allied Intelligence Bureau (1942-43) and the G-2 Philippine Regional Section (1943-44); and military documents and files available.

SECTION 3. Composition of the Board. — The Board shall be composed of a Chairman and four (4) members to be nominated by the Administrator, Philippine Veterans Affairs Office (PVAO) to the Secretary of National Defense (SND), who shall appoint them to the Board. The composition shall be as follows:

a. The Chairman shall be a retired military officer, preferably a World War II veteran of known probity;

b. Four (4) other distinguished veterans of World War II nominated by existing and duly recognized veteran’s organizations.

In case any member of the Board fails to finish his term of one (1) year, a replacement shall be immediately appointed by the SND from the list of nominees to be submitted by the Administrator, PVAO.

SECTION 4. Powers and Functions of the Board. — The Board shall have exclusive authority to perform the following powers and/or functions:

a. To process the existing claim-applications contemplated under Section 1 hereof; and

b. To determine the validity of the claim and the qualifications of the applicants for military veteran status strictly in accordance with the provisions of these Rules.

For this purpose, all members of the Board shall unanimously approve the Confirmation of Military Service for which a Certificate to that effect shall be issued therefor.

SECTION 5. Exclusively and Finality of the Decision of the Board. — The Board shall have the exclusive authority to pass judgment on a claim for confirmation of the military service, for all intents and purposes. The decision of the Board shall be final and unappealable.

SECTION 6. Period of Existence. — The Board shall cease to exist one (1) year after the date of effectivity of EO No. 198.

SECTION 7. Unauthorized Fees. — Unless otherwise allowed by the Administrator, PVAO in writing, no fee/s shall be charged from an applicant/claimant in connection with the processing and adjudication of any claim-applications for confirmation of military veteran status.

SECTION 8. Fraudulent Claims. — When fraud, collusion, falsification, misrepresentation of facts or other kinds of anomaly in whatever form is shown to have been committed by or with the knowledge of any applicant in connection with any claim-applications covered under Section 1 hereof, the application shall be disapproved, or if already approved, such approval or any award of any honor or benefit on the basis of the confirmation of honor under EO No. 198 shall be voided as of the date of effectivity.

The party or parties to the fraud, including those who executed false testimonies or issued falsified documents shall be liable for appropriate criminal, civil or administrative sanctions, in addition to the refund of such amount in compensation or benefits that the applicant may have received as a result of the fraudulent claims. In case, the guilty party is a pensioner of PVAO, the same acts shall cause the termination of his/her pension benefits upon recommendation of the Board and upon approval of the Administrator, PVAO.

SECTION 9. Establishment of Status as World War II Veteran. — Military service allegedly rendered by an applicant/claimant shall be established by sufficient evidence adduced in an appropriate investigation conducted by the Board to determine one’s status as a military veteran. For this purpose, investigation shall include the evaluation and appreciation of the documents submitted and made in support of the application as required under these Rules, and the conduct of interview and/or spot/field investigations, as may be necessary.

SECTION 10. Investigation and Evaluation of Guerilla Service and Determination of Status of Veteran. — All claim-applications by unrecognized guerillas covered under Section 1 hereof shall be subject to investigation/evaluation by the Board to establish their alleged wartime services. Adjudication of all the claims shall be on the basis of the evaluation of any and all documentary evidence required under Sections 11 and 12 hereafter, upon due correlation thereof with the findings adduced in the investigation of the applicant concerned and the testimonies of witnesses, if any conducted: Provided that, in all determination of the status as military veteran, the identity and existence of the applicant shall have been satisfactorily established: Provided further, that the authenticity of the documents submitted and the credibility of the applicant and his/her witnesses regarding their attestation had been previously determined.

SECTION 11. Documentary Evidence. — The following documents shall concur to support the application for confirmation of military service/s:

a. Any or all of the following documents: Original papers received from the guerilla unit, like:

i. Assignment or enlistment papers; ii. Special or general orders; iii. Instructions, memoranda, circulars; iv. Personal commendations; v. Discharge or separation papers; vi. Military communications; or vii. Any written matter subscribed by superior officers and received while in the service; and

b. Certified copy of either of the following:

i. Original roster of recognized units of the applicant's guerrilla organization submitted to the United States Armed Forces authorities on or before 30 June 1948 as certified to by the Adjutant General, AFP or the custodian of any government depositary of such roster; or

ii. Original roster from the records of unrecognized guerillas of the USA Army Center (USAAC), Missouri USA, which shall be made available by the PVAO.

SECTION 12. Additional Evidence. — In addition, the Board may require the following:

a. Sworn affidavit of the applicant himself;

b. Affidavits of his immediate officers and comrades-in-arms who are recognized guerillas or pensioners of PVAO, attesting categorically in detail and in chronological order to the military service rendered by applicant in a recognized or deserving guerilla organization from the date of his induction/enlistment therein until his separation or discharge therefrom; and/or

c. A sworn statement of reputable citizens in the locality where the applicant was assigned or detailed in support of any of the documents stated in paragraphs (a) and (b) of the preceding section.

SECTION 13. Aliases and Discrepancies in Name. — In addition to those prescribed pursuant to the above sections, as far as may be practicable, aliases and discrepancies in name shall be acted upon, as follows:

a. When an applicant’s name in the guerilla record available appears to be an alias, his identity shall be established, as follows:

i. By attestation under oath of his unit Commanding Officer and/or two (2) other superior officers that the alias and his true name refer to one and the same person; and

ii. By sworn statement of at least two (2) comrades-in arms who have personal knowledge of the fact that the applicant used the said alias.

b. Where the name of the claimant, his/her surviving spouse, child or parent appearing in any document is different from that appearing in the records of the Civil Registrar or the church, the discrepancy shall be explained by the applicant/claimant concerned and at least two (2) credible witnesses by sworn statements, without prejudice to the conduct of field or spot investigation to ascertain the true name and identity of the person concerned: Provided, however, that proper court order shall be necessary in cases so required by law. 

SECTION 14. Prospective Entitlement. — Honors, awards and decorations resulting from the implementation of EO No. 198 shall accrue to any person. However, all monetary compensation and benefit shall be applied prospectively.

SECTION 15. Resultant Benefits. — Any entitlement of a person to receive veterans’ benefits as a result of the implementation of EO No. 198 shall be administered by PVAO in accordance with existing laws, rules and regulations.

SECTION 16. Authority of PVAO to Enforce these Rules and Regulations. — The administrator, PVAO shall issue such orders, circulars and memoranda, not inconsistent with these Rules and Regulations, which are necessary for the effective implementation hereof.

SECTION 17. Duties of Officers and Employees. — All officials and employees mandated to implement these Rules shall strictly observe them, perform their duties with honesty and efficiency, and maintain the high ethical and progressive standard of public service.

SECTION 18. Financial Requirement. — The Administrator, PVAO shall determine the amount necessary for the implementation of EO No. 198, subject to the approval of the SND. Such budget shall be provided by PVAO and DND from their existing budget, to be augmented by the President’s Contingency Fund, if necessary.

SECTION 19. Repealing Clause. — All orders, issuances, rules and regulations or parts thereof inconsistent with this Executive Order are hereby replaced or modified accordingly.

SECTION 20. Separability Clause. — If any provision of these Rules and Regulations shall be held invalid, the remaining provisions shall be given force and effect, as completely as if the provisions held invalid had not been included therein.

SECTION 21. Effectivity. — These Rules and Regulations shall take effect immediately.

Adopted: 3 June 2003

(SGD.) ANGELO T. REYESSecretary