MALACAÑANG
M a n i l aPRESIDENTIAL DECREE No. 1044 October 28, 1976
INCREASING THE BENEFITS OF MILITARY PERSONNEL WHO BECOME PHYSICALLY DISABLED OR DIE IN LINE OF DUTY BEFORE COMPLETING 20 YEARS OF ACTIVE SERVICE
WHEREAS, pursuant to Proclamation No. 1081, dated September 21, 1972 and Proclamation No. 1104, dated January 17, 1973, martial law is in effect throughout the land;
WHEREAS, it is to the best interest of the military service in particular and to the country in general to insure the welfare of those who are serving in the Armed Forces of the Philippines;
WHEREAS, benefits authorized under Republic Act No. 340, as amended, to an officer or enlisted person who may incur physical disability or dies in line of duty before completing twenty years of active service is deemed inadequate;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution as Commander-in-Chief of all Armed Forces of the Philippines, and pursuant to Proclamation No. 1104, dated January...
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Presidential Decrees
Increasing The Benefits Of Military Personnel Who Become Physically Disabled Or Die In Line Of Duty Before Completing 20 Years Of Active Service
Presidential Decree No. 1044
Summary of Presidential Decree No. 1044
Increasing the Benefits of Military Personnel Who Become Physically Disabled or Die in Line of Duty Before Completing 20 Years of Active Service
- Separation due to physical disability incurred in line of duty (Section 1):
• An officer or enlisted person who incurs total permanent physical disability in line of duty before completing 20 years of active service shall be compulsorily separated from service in the next higher grade than the permanent grade last held. (Section 1a)
• "Total permanent physical disability" is defined as the anatomical loss, or the permanent loss of use of one hand or both hands, or one foot or both feet or both legs, or one eye or both eyes having only light perception, or mental faculties. (Section 1a)
• An officer or enlisted person who incurs physical disability other than total permanent disability in line of duty before completing 20 years of active service shall be compulsorily separated in the next higher grade. (Section 1b)
• A trainee or draftee who incurs physical disability in line of duty shall be separated in the grade of Private. (Section 1c)
• The degree of physical disability shall be determined by a Medical Board of the military hospital that provided treatment. (Section 1d)
- Separation due to death in line of duty (Section 2):
• An officer or enlisted person who dies in line of duty before completing 20 years of active service shall be considered as separated under Section 1a.
- Benefits due upon separation by reason of physical disability incurred in line of duty (Section 3):
• An officer or enlisted person who incurs total permanent physical disability in line of duty before completing 20 years of active service shall be entitled to a monthly life annuity of 50% of the base and longevity pay computed on the basis of the next higher grade than the permanent grade last held at the time of separation. (Section 3a)
• An officer or enlisted person who incurs physical disability other than total permanent disability in line of duty before completing 20 years of active service shall be entitled to separation pay equivalent to one month's base and longevity pay for every year of active service rendered, computed on the basis of the next higher grade than the permanent grade last held at the time of separation, payable in one lump sum which shall not be less than six months of such pay. (Section 3b)
• A trainee or draftee who incurs total permanent physical disability in line of duty shall be entitled to a monthly life annuity of 50% of the monthly base pay of a Private in the regular Force. (Section 3c)
• A trainee or draftee who incurs physical disability other than total permanent disability in line of duty shall be entitled to separation pay equivalent to one month's base pay for every year of active service rendered, computed on the basis of the grade of a Private in the regular Force, payable in one lump sum which shall not be less than three months, provided that the period of six months shall be considered as one year. (Section 3d)
• The benefits provided in this Section shall be in addition to the disability benefits provided in Republic Act No. 610 as amended by Republic Act No. 5889 or Republic Act No. 573, whichever is applicable or as may hereafter be provided by law. (Section 3e)
• Upon the death of an officer or enlisted person who has been separated under Section 1a, his survivor shall receive benefits with right of accretion, equivalent to the monthly life annuity then being received by the deceased officer or enlisted person or under any of the options provided in existing AFP Retirement and Separation System. (Section 3f)
• Upon the death of a trainee or draftee who has been separated under Section 1c, his survivor shall receive benefits with right of accretion, equivalent to the monthly life annuity then being received by the deceased trainee or draftee or under any of the options provided in existing Retirement and Separation System. (Section 3g)
- Death in line of duty before completion of twenty years of active service (Section 4):
• If an officer or enlisted person dies in line of duty before completing 20 years of active service, his survivors shall be entitled with right of accretion, to a monthly life annuity of 50% of the base and longevity pay, computed on the basis of the next higher grade than the permanent grade held by the officer or enlisted person at the time of his separation, or under any of the options that they may elect under the existing AFP Retirement and Separation System. (Section 4a)
• If a trainee or draftee dies in line of duty, his survivors shall be entitled with right of accretion, to a monthly life annuity of 50% of the monthly base pay of a Private in the Regular Force. (Section 4b)
• The benefits provided in this Section shall be in addition to the benefits provided under Republic Act No. 610 as amended by Republic Act No. 5889 or Republic Act No. 573, whichever is applicable or as may hereafter be provided by law. (Section 4c)
- Survivors (Section 5):
• The term "survivors" includes the surviving spouse, only if living with the deceased at the time of death or was actually dependent upon him/her, totally or partly, provided that receipt of benefits shall automatically terminate upon the remarriage of the surviving spouse.
• The term "survivors" includes the surviving legitimate, adopted or acknowledged natural children, provided that no payment shall be made to them after they have attained the age of 21 years or have married.
• The term "survivors" includes the surviving parents or parent only if the deceased had never married and if they/he/she were/was totally or partly dependent upon the deceased.
- Effectivity (Section 6):
• This Decree shall take effect upon approval, provided that those who incurred physical disability or died in line of duty since the imposition of martial law shall be entitled to these benefits.
Increasing the Benefits of Military Personnel Who Become Physically Disabled or Die in Line of Duty Before Completing 20 Years of Active Service
- Separation due to physical disability incurred in line of duty (Section 1):
• An officer or enlisted person who incurs total permanent physical disability in line of duty before completing 20 years of active service shall be compulsorily separated from service in the next higher grade than the permanent grade last held. (Section 1a)
• "Total permanent physical disability" is defined as the anatomical loss, or the permanent loss of use of one hand or both hands, or one foot or both feet or both legs, or one eye or both eyes having only light perception, or mental faculties. (Section 1a)
• An officer or enlisted person who incurs physical disability other than total permanent disability in line of duty before completing 20 years of active service shall be compulsorily separated in the next higher grade. (Section 1b)
• A trainee or draftee who incurs physical disability in line of duty shall be separated in the grade of Private. (Section 1c)
• The degree of physical disability shall be determined by a Medical Board of the military hospital that provided treatment. (Section 1d)
- Separation due to death in line of duty (Section 2):
• An officer or enlisted person who dies in line of duty before completing 20 years of active service shall be considered as separated under Section 1a.
- Benefits due upon separation by reason of physical disability incurred in line of duty (Section 3):
• An officer or enlisted person who incurs total permanent physical disability in line of duty before completing 20 years of active service shall be entitled to a monthly life annuity of 50% of the base and longevity pay computed on the basis of the next higher grade than the permanent grade last held at the time of separation. (Section 3a)
• An officer or enlisted person who incurs physical disability other than total permanent disability in line of duty before completing 20 years of active service shall be entitled to separation pay equivalent to one month's base and longevity pay for every year of active service rendered, computed on the basis of the next higher grade than the permanent grade last held at the time of separation, payable in one lump sum which shall not be less than six months of such pay. (Section 3b)
• A trainee or draftee who incurs total permanent physical disability in line of duty shall be entitled to a monthly life annuity of 50% of the monthly base pay of a Private in the regular Force. (Section 3c)
• A trainee or draftee who incurs physical disability other than total permanent disability in line of duty shall be entitled to separation pay equivalent to one month's base pay for every year of active service rendered, computed on the basis of the grade of a Private in the regular Force, payable in one lump sum which shall not be less than three months, provided that the period of six months shall be considered as one year. (Section 3d)
• The benefits provided in this Section shall be in addition to the disability benefits provided in Republic Act No. 610 as amended by Republic Act No. 5889 or Republic Act No. 573, whichever is applicable or as may hereafter be provided by law. (Section 3e)
• Upon the death of an officer or enlisted person who has been separated under Section 1a, his survivor shall receive benefits with right of accretion, equivalent to the monthly life annuity then being received by the deceased officer or enlisted person or under any of the options provided in existing AFP Retirement and Separation System. (Section 3f)
• Upon the death of a trainee or draftee who has been separated under Section 1c, his survivor shall receive benefits with right of accretion, equivalent to the monthly life annuity then being received by the deceased trainee or draftee or under any of the options provided in existing Retirement and Separation System. (Section 3g)
- Death in line of duty before completion of twenty years of active service (Section 4):
• If an officer or enlisted person dies in line of duty before completing 20 years of active service, his survivors shall be entitled with right of accretion, to a monthly life annuity of 50% of the base and longevity pay, computed on the basis of the next higher grade than the permanent grade held by the officer or enlisted person at the time of his separation, or under any of the options that they may elect under the existing AFP Retirement and Separation System. (Section 4a)
• If a trainee or draftee dies in line of duty, his survivors shall be entitled with right of accretion, to a monthly life annuity of 50% of the monthly base pay of a Private in the Regular Force. (Section 4b)
• The benefits provided in this Section shall be in addition to the benefits provided under Republic Act No. 610 as amended by Republic Act No. 5889 or Republic Act No. 573, whichever is applicable or as may hereafter be provided by law. (Section 4c)
- Survivors (Section 5):
• The term "survivors" includes the surviving spouse, only if living with the deceased at the time of death or was actually dependent upon him/her, totally or partly, provided that receipt of benefits shall automatically terminate upon the remarriage of the surviving spouse.
• The term "survivors" includes the surviving legitimate, adopted or acknowledged natural children, provided that no payment shall be made to them after they have attained the age of 21 years or have married.
• The term "survivors" includes the surviving parents or parent only if the deceased had never married and if they/he/she were/was totally or partly dependent upon the deceased.
- Effectivity (Section 6):
• This Decree shall take effect upon approval, provided that those who incurred physical disability or died in line of duty since the imposition of martial law shall be entitled to these benefits.