AN ACT TO DEFINE THE PAY STATUS OF PERSONNEL IN THE ARMED FORCES OF THE PHILIPPINES AND FOR OTHER PURPOSES.

Case Overview and Summary

Summary of Republic Act No. 138

Definitions:
- "Pay" includes base pay, longevity pay, and flying pay. (Section 1a)
- "Allowance" includes quarters, subsistence, travel, and other allowances. (Section 1b)
- "Officers" refers to commissioned officers and Army nurses. (Section 1c)
- "Army" includes all military personnel in active service. (Section 1d)

Pay Status in General:
- Military personnel are entitled to pay and allowances corresponding to their rank or grade while in active service, unless forfeited under this Act or other laws. (Section 2)
- The Army shall be paid in a manner that arrears do not exceed two months, unless unavoidable. (Section 3)
- Separation from active service for pay and allowances cannot be effected before the individual receives notice of separation. (Section 4)

Missing, Missing in Action, Interned, or Captured Personnel:
- Personnel officially reported as missing, missing in action, interned in a neutral country, or captured by an enemy shall continue to receive pay and allowances. (Section 5)
- The Secretary of National Defense may direct payment of a portion of the absent person's pay and allowances for the support of dependents and insurance premiums for 12 months. (Section 6)
- After 12 months, the Chief of Staff may continue the missing status, presume death, or make a finding of death for termination of pay and allowances. (Section 7)
- The Chief of Staff may direct the continuance, suspension, or resumption of pay and allowances based on circumstances. (Section 8)
- Determinations by the Chief of Staff regarding status, dependency, and pay and allowances are conclusive. (Section 9)

Unauthorized Absence:
- Pay and allowances do not accrue during unauthorized absence, unless excused as unavoidable. (Section 10)
- Unauthorized absence is determined administratively, and the morning report is sufficient to justify withholding pay and allowances. (Section 11)
- Computation of unauthorized absence for withholding pay and allowances shall follow rules and regulations promulgated by the Chief of Staff. (Section 12)

Absence Due to Misconduct:
- Personnel absent due to the effects of intemperate use of alcohol or habit-forming drugs shall not be entitled to pay and allowances, except a sum of 5 pesos for each full month of forfeiture exceeding one month. (Sections 13 and 15)
- Personnel absent due to the direct effects of a venereal disease contracted through misconduct shall not be entitled to pay and allowances for the period of absence within one year of initial symptoms, except a sum of 5 pesos for each full month of forfeiture exceeding one month. (Sections 14 and 15)
- The period of absence and cause shall be determined under procedures prescribed by the Chief of Staff, and such determination is final and conclusive. (Section 16)

Personnel Awaiting Trial or Detained by Civil Authorities:
- Officers awaiting trial by court-martial are entitled to full pay and allowances, unless suspended by the President. (Section 17)
- Enlisted personnel awaiting trial by court-martial are not entitled to pay and allowances until the result is known, unless the Chief of Staff directs continuance of pay. (Section 18)
- Pay and allowances of deserters or those absent without leave do not accrue until restored to duty status after expiration of enlistment term. (Sections 19 and 20)
- Personnel in arrest, confinement, or convicted by civil authorities receive no pay and allowances for the time of absence, unless acquitted or unconditionally released. (Sections 21 and 22)
- Personnel on authorized leave or furlough who are arrested and convicted by civil authorities are entitled to pay until the expiration of leave or furlough. (Section 23)