DOJ okays benefits for mentally ill kids of AFP retirees
The Department of Justice (DOJ) has no objection to the compassionate provision in the proposed amendment to Presidential Decree 1638 or the Armed Forces of the Philippines (AFP) military personnel retirement and separation decree of 1979.
In the compassionate provision under House Bill 772, mentally incapacitated children of military personnel shall continue receiving their benefits even upon reaching the age of majority which is 21 years old.
The proposed bill seeks to amend Section 25 of PD 1638 which provides that “surviving children of an officer or enlisted man born of his marriage contracted prior to his retirement/separation from the service, and children, adopted or acknowledged, while the deceased parent was still on active military service: Provided, That entitlement to benefits shall terminate when such children attain twenty-one (21) years of age or get married.”
In its legal opinion, the DOJ said the proposed amendment was in accordance with Section 11 of the 1987 Constitution which requires the government to prioritize the under-privileged, sick, elderly, disabled, women and children in providing health services.
“This Department, finding no constitutional or legal objection, supports in full and recommends for the approval of the above-mentioned enrolled bill into law,” the DOJ, through Justice Undersecretary Zabedin M. Azis said.
The legal opinion was issued upon the request of Deputy Executive Secretary for Legal Affairs Mildred Yovela S. Umali-Hermogenes.
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