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PHILIPPINE LAWS, STATUTES & CODES
A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
Republic Acts :
REPUBLIC ACTS
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REPUBLIC ACT NO. 573 - AN
ACT TO PROVIDE FOR THE ORGANIZATION, EQUIPPING AND MAINTENANCE OF A
PHILIPPINE EXPEDITIONARY FORCE FOR SERVICE IN THE ENFORCEMENT OF UNITED
NATIONS SANCTIONS AND POLICIES, TO PRESCRIBE RATES OF PAY AND
ALLOWANCES FOR OFFICERS AND ENLISTED MEN OF THE ARMED FORCES OF THE
PHILIPPINES WHILE ENGAGED IN SUCH SERVICE, TO ESTABLISH COMPENSATION
FOR DEATH OR DISABILITY IN CONNECTION THEREWITH, APPROPRIATING FUNDS
FOR THE FOREGOING PURPOSES, AND FOR OTHER PURPOSES |
I.
— PRELIMINARY PROVISIONS Section 1. Short title. — This Act may be cited as the "Philippine Militaryd to the United Nations Act". Sec. 2. Declaration of policy. — In enacting this legislation, it is the intent of the Congress to provide for the immediate organization of a Philippine Expeditionary Force, to include Ground,r or Naval Units of such strength and composition, as the President may determine for service in cooperation with the United Nations fighting in Korea to make special provisions governing the pay, allowances and other privileges of officers and enlisted men by reason of the hazards incident to such service; and to provide effective and adequate material and financial support for the combat force above referred to. Sec. 3. Applicability; definitions. — The
provisions of this Act shall apply only to officers and enlisted men of
the Armed Forces of the Philippines serving as members of the
Philippine Expeditionary Force hereinabove referred to, and the words
"officer/officers" and "enlisted man/men" when used in this Act shall
refer exclusively to the officers and enlisted men above mentioned,
unless the context of a particular provision clearly indicates that a
different sense is intended. The term "service overseas" or "serving
overseas" when used in this Act shall include any period of service
commencing from the date of departure from the Philippines for service
in foreign territory and terminating with the individual's
disembarkation or landing on Philippine soil: Provided, That when an
individual is authorized to return to the Philippines temporarily he
shall be deemed to be rendering service overseas during the period of
his temporary stay not exceeding fifteen days. II. — PAY AND ALLOWANCES Sec. 4. Additional pay for overseas duty. — (a) In addition to their monthly base pay officers and enlisted men shall, on account of service overseas as members of the Philippine Expeditionary Force hereinabove referred to, receive additional pay as follows: (1) Overseas pay. — Officers shall, while serving overseas, receive additional pay equivalent to their base pay. Enlisted men shall, while serving overseas, receive additional pay equivalent to double the amount of their base pay and quarters allowance: Provided, That enlisted men shall not, while receiving overseas pay under the provisions of this subsection, be entitled to additional pay for hazardous duty provided for in Sec. 89 of the National Defense Act, as amended by Republic Act Numbered Three hundred fifteen. (2) Longevity pay. — Reserve officers shall, while serving overseas as members of the Philippine Expeditionary Force, receive longevity pay as provided by law for regular officers. Their periods of active service as reserve or recognized guerrilla officers shall be counted in the computation of their longevity pay the provisions of any existing law to the contrary notwithstanding. (3) Overseas duty bonus. — Upon return to the Philippines of any enlisted man from service overseas he shall receive an overseas duty bonus of one hundred pesos (P100): Provided, That payment of the overseas duty bonus shall not be made to any person more than once: Provided, further, That no payment of the bonus shall be made to any person who has been found guilty of a violation of Articles of War (Commonwealth Act 408, as amended) 59, 60, 67, 76, 77, 78, 79, 82, 83, 87 or 93, or is awaiting trial by court-martial for violation of such articles, or is returned to the Philippines for discharge under conditions other than honorable. (b) Except as otherwise specifically provided in this section, officers and enlisted men receiving additional pay as hereinabove provided shall not be disqualified from receiving other additional pay to which they may be entitled under laws and regulations of general application to officers and/or enlisted men of the Armed Forces of the Philippines. Sec. 5. Allowances. — Officers and enlisted men
shall be entitled to rations, barracks accommodations, medical
attendance, clothing and subsistence and quarters allowance as are
provided by laws and regulations of general application to commissioned
and enlisted personnel of the Armed Forces of the Philippines. They
shall be furnished adequate winter and other protective clothing and
additional rations or subsistence allowance as may be provided in
appropriations for this purpose. III. — COMPENSATION FOR DEATH
AND DISABILITY Sec. 6. Death gratuity. — (a) Upon the death of an officer or enlisted man as the proximate result of wounds or injuries received or sickness or disease contracted or aggravated in line of duty while serving overseas, the surviving widow and/or legitimate, legitimated and/or acknowledged natural children of the deceased shall receive, in equal shares, a gratuity equivalent to five thousand pesos (P5,000) to be paid in lump sum. In the absence of a widow or legitimate, legitimated or acknowledged natural child at the time of the decedent's death, the gratuity shall be paid to the other legal heirs of the deceased in the order of intestate succession and as stated in the succeeding provision. The foregoing provisions shall be applicable only in the absence of a will executed by the deceased, otherwise the provisions thereof shall be enforced in accordance with the civil law. (b) Payment of the gratuity herein provided shall be directed by the Commanding General, Armed Forces of the Philippines, upon a determination by him of the line of duty and service connection of the decendent's death within the scope of this Act, and after The Judge Advocate General of the Armed Forces of the Philippines shall have made a determination in each case of the person or persons entitled to receive payment of the gratuity and the amount of their respective shares therein. In making such determination, The Judge Advocate General shall be governed by so much of the provisions of Republic Act Numbered One hundred thirty-six, as amended by Republic Act Numbered Two hundred nine, as are not in conflict with any provision of this Act. (c) For the purposes of this section, the causative wounds, injuries, sickness or disease shall be presumed to have been received or contracted, or aggravated, in line of duty in the absence of evidence clearly showing the contrary. (d) The death gratuity herein provided shall be paid in addition to the retirement and other benefits payable under existing laws on account of the decendent's death: Provided, That in computing the amount of such benefits, additional pay and allowances for service overseas shall not be considered. Sec. 7. Disability pension. — (a) For disability
which is the proximate result of wounds or injuries received or
sickness or disease contracted in line of duty while engaged in service
overseas, the Republic of the Philippines will pay to the officer or
enlisted man so disabled, and who is honorably discharged or separated
from the active military service by reason of such disability, a
pension in accordance with the rates specified below: IV. — APPROPRIATIONS Sec. 8. (a) For carrying out the full purpose and intent of this Act the following sums are hereby appropriated out of any funds in the National Treasury not otherwise appropriated: PAY AND ALLOWANCES 1. Pay and commutation of quarters for officers and enlisted men, including longevity and overseas duty pay P2,905,500.00 2. Overseas duty bonus at P100 per enlisted man returning from service overseas 144,400.00 3. Subsistence of officers and enlisted men at P2 per day 732,500.00 4. Pay and allowances of personnel replacements at home 1,395,600.00 Total for pay and allowances P5,178,000.00 COMPENSATION FOR DEATH AND DISABILITY 5. Death gratuity P2,512,500.00 6. Disability pension 627,200.00 Total for compensation for death and disability P3,139,700.00 ARMAMENT, EQUIPMENT AND SUPPLIES 7. Purchase of initial engineer, medical, ordinance, quartermaster and signal supplies and equipment P8,000,000.00 SUNDRY EXPENSES 8. Transportation P445,700.00 9. Temporary shelter 157,000.00 10. Training requirements 1,000,000.00 11. Recreational and welfare activities 35,000.00 Total for sundry expenses P1,637,700.00 SUMMARY Total for pay and allowances P5,178,000.00 Total for compensation for death and disability 3,139,700.00 Total for armament, equipment and supplies 8,000,000.00 Total for sundry expenses 1,637,700.00 Total P17,955,400.00 =========== (b) The sums hereinabove appropriated shall be expended with the approval of the President. (c) The provisions of any law to the contrary notwithstanding, the President shall be and is hereby authorized to transfer funds from one item or purpose to another, except that no item or part thereof shall be transferred to item 11 of Sec. 8 of this Act: Provided, That nothing herein shall be construed as authorizing the expenditure of funds herein appropriated for any purpose, activity or entity not directly pertaining to the PHILIPPINE EXPEDITIONARY FORCE provided for in this Act. Sec. 9. Any reserve officer included in this
expeditionary force, shall, upon his acceptance, be integrated into the
regular force. His status, rank, date of rank, and the position he will
occupy in the proper promotion list shall be in accordance with the
provisions of Republic Act No. 207 as implemented by the Executive
Orders promulgated pursuant to such Act: Provided, That such
integration may be posthumous: Provided, further, That the provisions
of this section shall not apply to any such reserve officer until his
departure from the Philippines: Provided, finally, That not more than
fifty per centum of the officers included in this expeditionary force
shall be reserved officers. V. — FINAL PROVISIONS Section 10. Nothing in this Act shall operate or be construed to reduce the pay and allowances of any officer or enlisted man. Section 11. This Act shall take effect upon its
approval. Approved: September 7, 1950 |
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