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Increased Burial Assistance For War Veterans

War veterans fought for the country once upon a time. The government has recognized their efforts by giving them benefits including burial assistance. Prior to amending Republic Act No. 10649, the burial assistance for veterans amounted to P10,000.00. As amended, the assistance is increased to P20,000.00. The amendment is in relation to Republic Act No. 6948, otherwise known as An Act Of Standardizing And Upgrading The Benefits For Military Veterans And Their Dependents. 

Republic Act No. 10649

Section 1. Section 20 of Republic Act No. 6948, as amended, is hereby further amended to read as follows:

“Sec. 20. Burial Assistance. – Unless the person who defrayed the expenses for the funeral of a deceased veteran is entitled to a similar benefit from the United States Government, he or she shall be given Twenty thousand pesos (P20.000.00) as burial assistance upon application therefor in due form which shall be filed within two (2) years from the death of the veteran concerned.”

Republic Act No. 6948

SEC. 3. Eligibility. — A veteran of the Philippine Army or of any recognized or deserving guerrilla organization who took active participation in the resistance movement and/or in the liberation drive against the enemy during World War II, or of the Philippine Expeditionary Forces to Korea, or of the Philippine Civic Action Group or Philippine Contingent in Vietnam, who has never heretofore enjoyed educational benefit under Philippine law nor under United States law, who desires to study; or one (1) child of a veteran in whose favor he renounces such right; or the surviving spouse or a child of a deceased veteran in whose favor the same is applied for by the surviving spouse, or legal guardian; shall, upon certification of the Administrator, be admitted to any school, college, university or institution authorized by the Government, with all school fees, including tuition, matriculation, athletic, library, laboratory, medical, military training, diploma and graduation fees, at the expense of the Government, subject to the rules and conditions promulgated by the Administrator.

PART B. DISABILITY PENSION

SEC. 4. Eligibility. — The disability pension as Provided for in this Act shall apply to any veteran who was in the service of the Philippine Army or guerrilla forces between the eighth of December, Nineteen hundred and forty-one and the third of July, Nineteen hundred and forty-six; of the Armed Forces of the Philippines and the Philippine Constabulary who was in the active service on and after the fourth of July, Nineteen hundred and forty-six; of the Philippine Expeditionary Forces to Korea who was in the service overseas between the fifteenth of September, Nineteen hundred and fifty and the thirty-first of May, Nineteen hundred and fifty-five; and of the Philippine Civil Action Group or Philippine Contingent in Vietnam who was in the service overseas between the thirty-first of August, Nineteen hundred and sixty-four and the twentieth of December, Nineteen hundred and sixty-nine.

SEC. 5. Pension Rates. — A veteran who is disabled owing to sickness, disease, wounds, or injuries sustained in line of duty shall be given monthly pension in accordance with the rates prescribed hereunder, unless he is actually receiving a similar pension for the same disability from other government funds or from the United States Government:

(a) If and while the disability is rated anywhere from ten to thirty per centum (10%-30%), the monthly pension shall be Six hundred pesos (P600.00);

(b) If and while the disability is rated forty per centum (40%), the monthly pension shall be Six hundred seventy-five pesos (P675.00);

(c) If and while the disability is rated fifty per centum (50%), the monthly pension shall be Seven hundred fifty pesos (P750.00);

(d) If and while the disability is rated sixty per centum (60%), the monthly pension shall be Eight hundred twenty-five pesos (P825.00);

(e) If and while the disability is rated seventy per centum (70%), the monthly pension shall be Nine hundred pesos (P900.00);

(f) If and while the disability is rated eighty per centum (80%), the monthly pension shall be Nine hundred seventy-five pesos (P975.00);

(g) If and while the disability is rated ninety per centum (90%), the monthly pension shall be One thousand fifty pesos (P1,050.00); and

(h) If and while the disability is total or rated one hundred per centum (100%), the monthly pension shall be One thousand one hundred twenty-five pesos (P1,125.00) plus One hundred fifty pesos (P150.00) each for the spouse and unmarried minor children.

SEC. 6. Effectivity of Pension. — The date of effectivity of the pension that may be awarded to an applicant will be based on the conditions specified hereunder:

(a) As regards officers and enlisted personnel of the Philippine Army and guerrilla organizations of World War II, on the day the application is received but in no case earlier than the date of the approval of this Act; and

(b) As regards all other veterans:

(1) On the date immediately following the date of discharge if the application was filed within one (1) year after the veteran’s separation from the service; or

(2) On the day the application was received if the application was filed beyond one (1) year after the veteran’s separation from the service.

SEC. 7. Re-evaluation. — Periodic re-evaluation or redetermination of a veteran’s disability, in appropriate cases, shall be the responsibility of the Disability Rating Board of the Philippine Veterans Affairs Office. The AFP Medical Center and the Veterans Memorial Medical Center, upon request by the Board, shall make available the clinical records, disability work sheets and other pertinent papers and documents and shall conduct x-ray, laboratory test, and other examinations on the veteran concerned. Such medical examinations and tests may also be undertaken by any other government hospital nearest the residence of the veteran concerned, upon request by the Board. The Board shall formulate the procedures necessary to carry out its re-evaluation or redetermination activities.

SEC. 8. Exemption. — A disabled veteran shall be exempted from periodic examination and re-rating in the following cases:

(a) When the disability is considered as static;

(b) When the disability is permanent in nature or of such character that there is no likelihood of improvement; or

(c) When the veteran is already fifty-seven (57) years of age or over.

PART C. PENSION FOR VETERANS OF THE

REVOLUTION

SEC. 9. Eligibility. — Any veteran who served in the Philippine Revolution and the Philippine-American War any time during the period between the twenty-third of August, Eighteen hundred and ninety-six, and the sixth of May, Nineteen hundred and two, shall be entitled to a monthly pension of Six hundred pesos (P600.00) plus One hundred fifty pesos (P150.00) each for his spouse and unmarried minor children.

PART D. OLD-AGE PENSION

SEC. 10. Eligibility. — A veteran who is at least sixty-five (65) years old shall be paid an old-age pension of Five hundred pesos (P500.00) monthly unless he is actually receiving a similar pension for the same consideration from other government funds or from the United States Government.

SEC. 11. Entitlement of Surviving Spouse. — The surviving spouse of a veteran who died after having received old-age pension shall be paid a pension of Five hundred pesos (P500.00) monthly until she remarries or dies, and the surviving spouse of a veteran who died without having received old-age pension shall, if she does not remarry, be paid a pension of Five hundred pesos (P500.00) monthly when she reaches the age of sixty-five (65) and until she remarries or dies, unless she is actually receiving a similar pension for the same consideration from other government funds or from the United States Government.

PART E. DEATH PENSION

SEC. 12. Eligibility. — For the death of a veteran in line of duty or at any time after honorable discharge or separation from the service as a result of wounds or injury received or sickness or disease incurred in line of duty or as a consequence of the performance of such duty, and of a political prisoner who died in prison or was killed by the enemy armed forces during World War II, the surviving spouse and unmarried minor children or, in default thereof, the indigent parents, except those who for the same reason are actually receiving a similar pension from other government funds or from the United States Government, may be given a pension of Five hundred pesos (P500.00) a month for the surviving spouse and Two hundred fifty pesos (P250.00) a month for each unmarried minor child until the surviving spouse remarries or dies, and until the minor child dies, marries, or reaches the age of eighteen (18), or Two hundred fifty pesos (P250.00) for each indigent parent, with the right of accretion, until they die: Provided, however, That only fifty per centum (50%) of the rates herein prescribed shall be awarded to the surviving spouse and minor children, or indigent parents of a veteran of the Armed Forces of the Philippines who, in line of duty, died of injury or ailment which was not incurred in war or in a military campaign against aggression, dissidence, rebellion or sedition nor as a direct result of such war or military campaign.

SEC. 13. Pension for the Surviving Spouse of a Veteran of the Revolution. — The surviving spouse of a veteran of the revolution against Spain or the Philippine-American War shall be entitled to a monthly pension of Six hundred pesos (P600.00) until she remarries or dies, the provisions of the next preceding section notwithstanding, unless she is actually receiving a similar pension from other government funds.

SEC. 14. Termination of Right of Death Gratuity and Entitlement to Death Pension in Lieu Thereof . — Without prejudice to the receipt of death gratuity benefits Provided for under the Employees’ Compensation Law, the right to death gratuity granted to the next of kin of military personnel of the Armed Forces of the Philippines who died in line of duty, pursuant to the provisions of Section Six of Republic Act Numbered Five hundred seventy-three and Sections Three and Four of Republic Act Numbered Six hundred ten, as amended, shall cease upon the approval of this Act and, in lieu thereof, they shall be eligible to death pension as Provided in this Act: Provided, however, That where the right to the said gratuity has already accrued prior to the approval of this Act, the next of kin concerned shall have the option to either waive the entitlement thereto or to receive the death pension: Provided, finally, That in the case of a next of kin who has already been paid the aforesaid gratuity, he may apply for death pension herein granted on condition that the death gratuity received shall be refunded from such future payments of death pension in a reasonable monthly amount as may be determined by the Philippine Veterans Affairs Office until the death gratuity is fully refunded.

Pinoy Attorney

Written by : Pinoy Attorney

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