EXECUTIVE ORDER NO. 96
EXECUTIVE ORDER NO. 96 - FURTHER
AMENDING SECTION TWO OR REPUBLIC ACT NO. 1862, AS AMENDED, AND FOR
OTHER PURPOSES
WHEREAS,
there are certain retirees after June 22, 1957 but before September 10,
1979 who were paid gratuity under Republic Act No. 340, as amended
and/or Republic Act No. 1616, as amended, but we excluded from the
coverage of Republic Act No. 1862, as amended by Batas Pambansa Blg.
644 due to lack of wartime service in the Philippine Army or any
guerilla organization as a component thereof, at any time between
December 4, 1941 and September 2, 1945;
WHEREAS, in full recognition of their military service to the country,
the benefits under Republic Act No. 1862, as amended by Batas Pambansa
Blg. 644, must be similarly accorded to these excluded retirees;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines do
hereby order:
Section 1. Sec. 2 of Republic Act No. 1862, as
amended, is hereby further amended to read as follows:
“Sec.
2. Persons who were retired and paid gratuity under
said Republic Act Numbered Three hundred forty and/or Republic Act
Numbered Sixteen hundred sixteen as amended, with the effective date of
retirement after June twenty-two, nineteen hundred fifty-seven but
before September ten, nineteen hundred seventy-nine, and who come
within the purview of at least clause (b) of the preceding section may,
at their option, elect to receive, in lieu of such gratuity paid to
them, the annual retirement pay as provided in Section Two of Republic
Act Numbered Three hundred forty, as amended, and upon making such
election, said persons shall, subject to the provisions and limitations
hereinafter provided, be entitled to receive the annual retirement pay
as provided in Section Two of Republic Act Numbered Three hundred
forty, as amended. The option herein granted may be exercise within
five years from the date of the approval of this amendatory Executive
Order by the widows and/or minor children of the said retirees who
could not exercise the said option by reason of death. Nothing in this
section shall be construed as authorizing payment of retirement pay
which have accrued prior to the approval of Batas Pambansa Blg. 664 on
January 5, 1984.”
Sec. 2. Any provision of existing law to the
contrary notwithstanding, the amount necessary to implement the
provisions of this Executive Order for the current and prior years
since the approval of Batas Pambansa Blg. 644 on January 5, 1984 shall
be charged, respectively, against the current and future savings in the
programmed appropriations for operating expenditures of the New Armed
Forces of the Philippines. The annual implementation cost for
adjustment to prevailing rates shall be charged against the earnings of
the P200 million additional government contribution to the AFP
Retirement And Separation Benefits Systems as provided for in
Presidential Decree No. 1909. Thereafter, the necessary amount for the
same purposes shall be included in the annual General Appropriations
Act.
Sec. 3. This Executive Order shall take effect
upon its approval.
Done in the City of Manila,
this 18th day of December in the year of Our Lord, nineteen hundred and
eighty-six.
chanrobles virtual law library
Back to Main
chan
robles virtual law library
Since 19.07.98.