SECTION 3. For the purpose of this Decree active service of a military person shall mean active service rendered by him as a commissioned officer, enlisted man, cadet, probationary officer, trainee or draftee in the Armed Forces of the Philippines and service rendered by him as a civilian official or employee in the Philippine Government prior to the date of his separation or retirement from the Armed Forces of the Philippines, for which military and/or civilian service he shall have received pay from the Philippine Government and/or such others as may hereafter be prescribed by law as active service; Provided, That for purposes of retirement, he shall have rendered at least ten (10) years of active service as an officer or enlisted man in the Armed Forces of the Philippines; and Provided further, That no period of such civilian government service longer than his active military service shall be credited for purposes of retirement. Service rendered as a cadet, probationary officer, trainee or draftee in the Armed Forces of the Philippines may be credited for retirement purposes at the option of the officer or enlisted man concerned, subject to such rules and regulations as the Minister of National Defense shall prescribe.
SECTION 4. Upon accumulation of at least twenty (20) years of satisfactory active service, an officer or enlisted man may, at his own request and with the approval of the President, be retired from the active military service.
SECTION 5.a. Upon attaining sixty (60) years of age with at least fifteen (15) years of active service, or upon accumulation of thirty (30) years of satisfactory active service, whichever is earlier, a military person shall be compulsorily retired unless his continued service is, in the opinion of the President, required for the good of the service: Provided, That the compulsory retirement of an officer serving in a statutory position shall be deferred until completion of the prescribed tour of duty.
b. Notwithstanding the provisions of Secs. 3 & 5.a. military personnel in the active service, who otherwise will retire compulsory under Section l (b) of Republic Act Numbered Three Hundred and Forty, as amended, during the first, second, third and fourth calendar year of the effectivity of this Decree, shall be retired compulsorily under this Decree on the dates they shall complete an additional period of service of one, two, three and four years, respectively.
SECTION 6. An officer or enlisted man with at least twenty (20) years of accumulated satisfactory service who dies in line of duty, shall be considered retired
for survivorship benefits under this Decree.
SECTION 7. An officer or enlisted man who, having accumulated at least twenty (20) years of active service, incurs total permanent physical disability in line of duty shall be compulsorily retired.
SECTION 8. An officer or enlisted man who, having accumulated at least twenty (20) years of active service, incurs physical disability in line of duty other than total permanent, may, at his option, be retired.
SECTION 9. Military personnel covered under the provisions of Title III shall be retired in the grade next higher than the permanent grade last held except officers in the permanent grade of Colonel/Captain (PN) or higher.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
