PHILIPPINE LAWS, STATUTES, CODES & ISSUANCES
PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY
REPUBLIC ACTS
REPUBLIC ACT NO. 2608 - AN ACT TO
FURTHER AMEND SECTION TEN OF REPUBLIC ACT NUMBERED THREE HUNDRED FORTY,
AS AMENDED |
Section 1.
Section ten of Republic Act Numbered Three hundred forty, as amended by
Republic Act Numbered Nineteen hundred three, is further amended to
read as follows: "Section 10.
An enlisted man or officer below the rank of colonel who is entitled to
the benefits of this Act shall be retired or separated from the service
one rank higher than the permanent rank he holds at the time of
retirement or separation. Colonels and brigadier generals shall be
retired or separated from the service in the rank they hold at the time
of their retirement without any promotion in rank. But the gratuity,
retirement or separation pay due them or their beneficiaries under this
Act shall be computed on the basis of the base and longevity pay of the
rank next higher than the permanent rank they held or hold at the time
of their retirement. An enlisted man, or an officer below the rank of
major general who was retired or separated from the service due to
physical or mental disability incurred in line of duty shall receive an
annual retirement pay corresponding to the next higher rank from his
adjusted or retired rank: Provided, That such separation of officer or
enlisted man was not a punishment duly meted him as a result of general
or special court martial findings And, provided further, That
separation from the service was not due to his own misconduct, willful
failure, the intemperate use of drugs or alcoholic liquor or vicious or
immoral habits. When recalled to active duty, retired officers and
enlisted men who were automatically raised one rank by operation of
this Act shall resume their rank prior to their retirement. The
gratuity or retirement pay provided in section two, and the separation
pay provided in section eight of Republic Act Numbered Three hundred
forty shall be computed upon the basis of such higher rank in which the
officer or enlisted man may be retired or separated: Provided, That
when an officer who holds or has held the permanent rank of colonel or
brigadier general, or an enlisted man who holds or has held the rank of
first sergeant, sergeant major or master sergeant is retired or has
been retired in that rank the gratuity, retirement pay or separation
pay due him or his beneficiaries under this Act shall be computed on
the basis of the base and longevity pay of the next higher rank. For
purposes of this Act, the rank next higher than first sergeants,
sergeant majors and master sergeants shall be second
lieutenant."
Sec. 2. The sum of two hundred thousand pesos and any sum appropriated by law for the retirement of members of the Armed Forces of the Philippines shall be and are hereby appropriated and made available for carrying out the provisions of this Act. Sec. 3. This Act shall take effect upon its approval. Enacted without executive approval, June 21, 1959. |
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