AN ACT PROVIDING FOR THE CONFIRMATION OF WORLD WAR II MILITARY SERVICES

Case Overview and Summary

Summary of Republic Act No. 8440

Creation of Military Service Board
- A Military Service Board is created under the Department of National Defense to review applications for confirmation of military service in the Philippines during World War II from December 8, 1941 to July 3, 1946. (Section 1)
- The Board will determine the validity of claims for the purpose of confirming military service and qualifying applicants for military veteran status.

Composition of the Board
- The Board will have a Chairman who is a retired military officer, preferably a World War II veteran, designated by the Secretary of National Defense. (Section 2)
- Other members include a representative from the Office of the Adjutant General, a representative from the Office of the Judge Advocate General, and two distinguished World War II veterans appointed by the Secretary of National Defense from nominees by the Veterans Federation of the Philippines and other recognized veterans organizations.

Application Period
- The Board will consider only applications already filed and pending with the Philippine Veterans Affairs Office, and new applications filed within one (1) year from the date of effectivity of this Act. (Section 3)

Applications by Survivors
- An application submitted by the surviving spouse, child or parent on behalf of a deceased person will be treated as an application by that person. (Section 4)

Evidence Consideration
- The Board will consider all available information and evidence, both local and abroad, including official unit historical records, personnel records from government agencies, and evidence submitted by the applicant. (Section 5)

Participation of Veterans Organizations
- The Board will provide the Veterans Federation of the Philippines and other recognized veterans organizations a monthly list of applicants. (Section 6)
- These organizations will have three (3) months to submit any evidence they have regarding the claims.

Fraudulent Claims
- If fraud is committed by or with the knowledge of an applicant, the application will be disapproved or any approved award or benefit will be voided. (Section 7)
- Parties involved in fraud, including those who provided false testimony or falsified documents, will be fined between Two thousand pesos (P2,000) and Ten thousand pesos (P10,000), imprisoned for up to six (6) months, or both, and must refund any compensation or benefits received.

Unauthorized Fees
- No person or entity can charge a claimant any fee in connection with a claim for confirmation of service. (Section 8)
- Violators will be fined up to Two thousand pesos (P2,000), imprisoned for up to six (6) months, or both.

Board's Authority and Finality
- The Board has exclusive authority to pass judgment on claims for confirmation of military service. (Section 9)
- The Board's decision is final.

Termination of PVAO Authority
- The authority of the Philippine Veterans Affairs Office (PVAO) to grant status of deserving guerilla to persons without confirmed military service is terminated. (Section 10)

Entitlement
- Honors, awards and decorations resulting from this Act will accrue to any person. (Section 11)
- However, all monetary compensation and benefits will be applied prospectively.

Administration of Benefits
- Any entitlement to receive veterans benefits as a result of this Act will be administered by the Philippine Veterans Affairs Office in accordance with existing laws and regulations. (Section 12)

Board's Existence
- The Board will cease to exist two (2) years after the last day of the application period provided in Section 3. (Section 13)

Implementing Rules and Regulations
- The Secretary of National Defense will issue rules and regulations necessary for the effective implementation of this Act within sixty (60) days after its approval. (Section 14)

Appropriations
- The amount necessary for the implementation of this Act will be included in the budget of the Department of National Defense under the General Appropriations Act of the year following its enactment into law and thereafter. (Section 15)

Repealing Clause
- Provisions of laws, orders, regulations and issuances inconsistent with any provision of this Act are repealed or modified accordingly. (Section 16)

Effectivity
- This Act will take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) national newspapers of general circulation. (Section 17)