JULY 5, 2012 DATE

NR # 2791B
REF. NO.

Solon wants deceased military personnels children or survivors with mental disability to receive continuous pension benefits
A Metro Manila lawmaker is seeking the amendment of Presidential Decree 1638 otherwise known as The AFP Military Personnel Retirement and Separation Decree of 1979 so deceased retirees children or survivors with mental disability shall continue to receive derivative pension benefits even when they are beyond 21 years old. Rep. Winston Winnie Castelo (2nd District, Quezon City) said it is a fact that there are, although not too many, children of deceased military personnel who are special, incompetent, mentally retarded, handicapped, or disabled. In House Bill 6026 or the proposed AFP Derivative Retirement Pension for Children/Survivors Act of 2012, Castelo seeks the amendment of PD 1638 by adding a new Section 25-A which provides that Children or survivors who are certified by competent medical officer to be mentally retarded and therefore cannot normally develop toward full capacity for all acts of civil life are hereby granted exemption from termination of derivative pension benefits upon reaching the age of 21. As such, their situation prevented them from attaining full capacity for all aspects of civil life which is the Judge Advocate Generals Office (JAGO) opinion on January 16, 2008. Thus, if they happen to be the survivors of deceased military personnel or officer who retired from the service, perforce they should receive monthly annuity that shall not be terminated even upon reaching 21 years of age that PD 1638 has set as limit, Castelo said. In the JAGO opinion, the solon said an important assumption was raised on the 21 year age requirement for derivative pension under PD 1638. It says when a child attains that age, it is assumed that he has already physically, mentally, psychologically and emotionally matured which enables him to have full capacity for all acts of civil life. However, full capacity for all acts of civil life depends upon the favorable development of an individual. This applies to mentally retarded persons or those whose mental faculties had not normally developed, said Castelo. He said this simply means that if derivative pension will continue to be provided to children or survivors who are otherwise mentally or physically retarded or handicapped and for that matter cannot ever attain the full capacity for all acts of civil life, then it behooves upon his proposal to lay the legislative framework for the derivative pensions continued implementation. (30) rbb