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This page features the full text of
Republic Act No. 6963
AN
ACT GRANTING SPECIAL FINANCIAL ASSISTANCE AND BENEFITS TO THE FAMILY OR
BENEFICIARY OF ANY POLICE OR MILITARY PERSONNEL OR FIREMAN KILLED OR
PERMANENTLY
INCAPACITATED WHILE IN THE PERFORMANCE OF HIS DUTY OR BY REASON OF HIS
OFFICE OR POSITION AND FOR OTHER PURPOSES.
REPUBLIC
ACT NO. 6963
AN
ACT GRANTING SPECIAL FINANCIAL ASSISTANCE AND BENEFITS TO THE FAMILY OR
BENEFICIARY OF ANY POLICE OR MILITARY PERSONNEL OR FIREMAN KILLED OR
PERMANENTLY
INCAPACITATED WHILE IN THE PERFORMANCE OF HIS DUTY OR BY REASON OF HIS
OFFICE OR POSITION AND FOR OTHER PURPOSES.
Section
1. The family or beneficiary
of any police or military personnel, including any fireman assisting in
a police or military action, who is killed or becomes permanently
incapacitated
while in the performance of his duty or by reason of his office or
position,
provided he has not committed any crime or human rights violations by
final
judgment on such occasion, shall be entitled to the special financial
assistance
provided for in this Act in addition to whatever compensation,
donation,
insurance, gift, pension, grant, or any form of benefit which said
deceased
or permanently incapacitated person or his family may receive or be
entitled
to.
chan
robles virtual law library
Sec.
2. The term "family" as used
in this Act shall refer to the surviving legal spouse and his
legitimate
children or parents, or brothers and sisters, or aunts and uncles, in
that
respective order: Provided: That, if the police or military personnel
or
fireman is a Muslim, the pertinent provisions of the Code of Muslim
Personal
Laws (Shari'a) shall apply.chanrobles virtuallaw libraryred
Sec.
3. The special financial assistance
referred to in Section One hereof shall be that which is equivalent to
the average six (6) month's salary, including allowances and bonuses,
during
the last twelve (12) months preceding the death of the officer which
shall
not be considered a part of the estate of the deceased and which shall
be exempt from attachment, garnishment or execution and from income and
other taxes.cralaw:red
Sec.
4. It shall be the duty of the
cashier from whom the deceased or permanently incapacitated police or
military
personnel or fireman used to receive his salary, within three (3) days
from receipt of a written certification from the station or unit
commander
of the fact of death and the circumstances thereof, to deliver to the
beneficiaries
such special financial assistance as stated in Section Three hereof. In
case of permanent disability, a certification by the proper medical
officer
designated by the Chief of Staff of the Armed Forces of the Philippines
or the Director General of the Integrated National Police, as the case
may be, is necessary for the payment of the aforesaid financial
assistance.
After said payment, a report with the formal certificate of death or
permanent
incapacity shall be submitted to the Secretary of National Defense or
the
Director General of the Integrated National Police.chanrobles virtuallaw libraryred
Sec.
5. In order to assure the payment
of the special financial assistance referred to in this Act, without
any
need of any appropriation act or ordinance, the payment shall come from
the expected salary, allowances and bonus of the deceased or
permanently
incapacitated police or military personnel or fireman for the next six
(6) months after his death or incapacity: Provided, That the position
left
vacant by the deceased or permanently incapacitated police or military
personnel or fireman on account of his death or incapacity shall not be
filled during that period of six (6) months: Provided, further, That if
the public welfare and interest so demand, as determined by the
municipal
or city mayor or provincial governor, in case of a police personnel or
fireman, or by the Secretary of National Defense, in case of a military
personnel, the position left vacant by the deceased personnel, or
permanently
incapacitated personnel may be filled without waiting for the
expiration
of the six (6) months period earlier mentioned, in which case, the
funds
out of which the special financial assistance already received by the
family
of the deceased or permanently incapacitated personnel shall be
replenished
out of the emergency savings of the municipality, city or province, or
the department, upon the direction in writing by the municipal or city
mayor or governor of the province, or department secretary, to their
respective
treasurers or cashiers: Provided, finally, That, in the event of such
emergency,
no emergency savings as provided herein exist, the regional commander
or
the provincial commander, as the case may be, may draw augmentation
personnel
from any municipality in the province or region to fill up the vacancy
until such time that the municipality where the vacancy occurred can
fill
up such vacancy with regular personnel.chanrobles virtuallaw libraryred
Sec.
6. If any police or military
personnel or fireman is injured or wounded or in any manner suffers any
injury in the performance of his official duties, the hospitalization
expenses
of such police or military personnel or fireman shall be shouldered by
the office where he belongs, chargeable against the salary savings of
such
office without the need of any appropriation act or ordinance.cralaw:red
Sec.
7. The surviving spouse of the
deceased or permanently incapacitated police or military personnel or
fireman
shall be given priority in employment in a government or agency or
office
where her qualifications are fitted: Provided, That, if the spouse is
already
employed or not employable or if she waives her employment privilege,
then
an employable son or daughter shall be granted the said privilege.cralaw:red
Sec.
8. All surviving children of
the deceased or permanently incapacitated police or military personnel
or fireman shall be extended scholarship up to college in a
nonexclusive
institution, subject to the policies on the tuition of said
institution.
The scholarship privilege shall be limited to the payment of tuition
and
miscellaneous fees payable to the school and shall be remitted by the
National
Police Commission or the Department of National Defense, as the case
may
be, upon presentation to it of the approved enrollment or registration
form.
Sec.
9. The amounts necessary to fund
the scholarship assistance mentioned above shall be taken from the
proceeds
of the license fees for firearms collected by the Philippine
Constabulary:
Provided, That the collection from the said license fees for one (1)
year
following the approval of this Act shall constitute the initial fund
reserve
for the purpose of this Act, to be replenished or enhanced by
collections
in the succeeding years. chanrobles virtuallaw libraryred
Sec.
10. The said funds collected
from the firearms licensing fees shall be turned over to the National
Police
Commission which shall administer the same for the purpose of this Act
in the case of Integrated National Police members and firemen, and the
Department of National Defense in the case of military personnel.chanrobles virtuallaw libraryred
Sec.
11. Any person who unduly delays,
refuses or in any manners prevents the payment of the special Financial
assistance defined in this Act to the person or persons entitled
thereto
shall be dismissed from office if found guilty in an appropriate
administrative
case.cralaw:red
Sec.
12. Nothing in this Act shall
be construed to prejudice and diminish whatever benefits a member of
the
military establishment or the Integrated National Police is entitled to
receive under existing laws.
Sec.
13. All acts, laws, decrees,
executive orders and rules and regulations which are contrary to or
inconsistent
with this Act are hereby repealed and/or modified accordingly.
Sec.
14. This Act shall take effect
upon its approval.chanrobles virtuallaw libraryred
Approved:
September 4, 1990
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