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.

[ REPUBLIC ACT NO. 573, September 07, 1950 ]

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.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

I. - PRELIMINARY PROVISIONS

Section 1. Short title. - This Act may be cited as the "Philippine Military Aid to the United Nations Act".

Section 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, Air 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.

Section 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

Section 4. Additional pay for overseas duly. -

(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:

Section 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

Section 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.

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 decedent'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 decedent's death: Provided, That in computing the amount of such benefits, additional pay and allowances for service overseas shall not be considered.

Section 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 honorably discharged or separated from the active military service by reason of such disability, a pension in accordance with the rates specified below:

(b) For the purposes of this section, any officer or enlisted man shall be deemed to have been in sound physical and mental condition at the time of his departure for service overseas except as to defects, infirmities, disorders or diseases noted and made of record at the time of, or within one month immediately prior to, such departure, or except where the evidence or medical judgment clearly warrants a finding that the wound, injury, disease or sickness existed prior to departure for service overseas. Wounds or injuries received, or sickness or disease contracted while serving overseas shall be presumed to have been received or contracted in line of duty in the absence of evidence clearly showing the contrary.

(c) The fact that an officer or enlisted man has been discharged or separated from the active service prior to the determination of his entitlement to pension under this Act shall not prevent the payment of pension to said officer or enlisted man if the evidence or medical judgment clearly shows that the causative wound, injury, sickness or disease was received or contracted while serving over seas, and provided that such discharge or separation from the active service shall have been honorable.

(d) The Chairman of the Philippine Veterans Board is hereby charged with administering the provisions of Section 7 of this Act, and with making all necessary determinations and payments thereunder. Determinations and redeterminations of entitlement to disability pension; of the several degrees of disability corresponding to each rate of pension specified in subsection (a) of this section; and of any other matter for purposes of carrying out the full purpose and intent of this section shall be made in accordance with rules and regulations prescribed from time to time by the Chairman of the Philippine Veterans Board with the approval of the Secretary of National Defense.

(e) The disability pension shall be paid in addition to the retirement and other benefits to which .the disabled person may be entitled under existing laws on account of his disability: Provided, That in computing the amount of such benefits, additional pay and allowance for service overseas shall not be considered.

IV. - APPROPRIATIONS

Section 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:

(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 Section 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.

Section 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.