H No.

772

^Rrpiililic of tl|e ptftltpptnw

Congress of tl|e ^{jilipptnes
(;# e tr o (^5aniIa

(^ixteentli Congress

Cljirb Jlegular£^ession

B e g u n a n d h e ld in M e t r o M a n il a , o n M o n d a y , t h e t w e n t y - s e v e n t h
d a y o f J u ly , t w o t h o u s a n d f if t e e n .

[ REPUBLIC A C T N O . 10882 ]
AN ACT EXEMPTING SURVTVTNG CHILDREN OF MILITARY
PERSONNEL WHO ARE MENTALLY INCAPACITATED
FROM T E R M IN A T IO N O F B E N E F IT S U PO N
R E A C H IN G T H E AGE O F TW EN TY -O N E (21),
AMENDING FOR THE PURPOSE SECTION 25 OF
PR ESID EN TIA L DECREE NUMBERED SIXTEEN
H U N D R ED AND T H IR T Y -E IG H T , O T H ER W ISE
KNOW N AS TH E A FP M ILITA RY P E R SO N N E L
RETIREMENT AND SEPARATION DECREE OF 1979,
AS AMENDED

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:

Section l. Short Title. — This Act shall be known as

the "AFP Derivative Retirem ent Pension for Children/Survivors
Act of 2016".
 S ec . 2. Derivative Retirement Pension. - Section 25(b),
paragraph 2 of Presidential Decree No. 1638 shall read as follows:

"Section 25. For the purposes of this Decree

"a. X X X

"b. Survivors shall mean

" 1.

"2. Surviving children of an officer or enlisted

man born of his m arriage contracted prior to his
retirem ent/separation from the service, and children,
adopted or acknowledged, while the deceased parent
was still on active m ilitary service: Provided, That
except for children who, by reason of their m ental
incapacity, are certified by the AFP Medical Board to
be incapable of employment, entitlem ent to benefits
shall term inate when such children attain twenty-
one (21) years of age or get married.

"x X X ."

S ec . 3. Implementing Agency. - The Secretary of the

D epartm ent of N ational Defense and the Chief of Staff, Armed
Forces of the Phihppines shall promulgate the necessary rules
and regulations for the effective implementation of this Act within
thirty (30) days from its effectivity.

S ec . 4. Separability Clause. - The provisions of this Act

are hereby deemed separable. If any provision thereof is declared
invahd or unconstitutional, such invahdity or unconstitutionahty
shall not affect the other provisions which shall rem ain in effect.

S ec . 5. Repealing Clause. - AH laws, decrees, executive

orders, rules and regulations or parts thereof inconsistent with
the provisions of this Act are hereby repealed.
 S ec . 6. Effectivity. - This Act shall take effect thirty (30)
days following its publication in the Official Gazette or in a t least
three (3) newspapers of general circulation.

Approvi

•IMNKLTN M. DRILON FELICIANO BELMONTE JR.

President o f the Senate Speaker o f the House
o f Representatives

T h is A ct w h ich o r ig in a te d in th e H ouse of
R e p r e s e n ta tiv e s w as p a s se d by th e H ouse of
R ep resen tativ es on Septem ber 10, 2014, am ended by the
S enate on F eb ru ary 1, 2016, and which am endm ent was
concurred in by th e House of R e p re se n tativ es on
May 23, 2016.

OSCARG. YABES M a rily n Bt B a ru / v Y a p

Secretary o f the Senate Secretary GenMal
House o f Representatives

Approved;

BENIGNO S. AQUINO III

President of the Philippines

L 3i\«!ed iP t.i la w o n 1 7 2016

W iU io o t 'e s i'jn a t u r e o f th e P re s id e n t
In a c c o rd a n c e w ith A r tic le V I. S e c tio n
?7 M ) o f th e C o n s titu tio n .