Termination of service through action of Efficiency and Separation Board.
SEC. 10. Termination of service through action of Efficiency and Separation Board.—
(a) No officer shall be retired or separated under this section except by order of the President and upon the recommendation of the Efficiency and Separation Board as herein provided and the Secretary of National Defense.
(b) Such number of Efficiency and Separation Boards as the President may prescribe, each composed of at least five commissioned officers above the grade of lieutenant commander, shall be convened to receive evidence and make findings and recommendations as to the fitness of officers to be retained in the active service, or to retain their appointments and commissions. The members of each Board shall be senior to the officer whose case is under consideration by that Board. The Boards shall hear and determine cases wherein the fitness of an officer is in question due to:
(1) Charges or official reports of specific acts of intentional misconduct, willful failure or neglect, or vicious or immoral habits;
(2) His failure to achieve the standard of performance which the Secretary of National Defense shall prescribe by regulations.
(c) The Secretary of National Defense shall, at least once a year, require the review of the records of each officer in the active service to determine whether he shall be required, because of failure to achieve the prescribed standards of performance, to show cause before an Efficiency and Separation Board for his continued retention on the active list.
(d) Any officer whose fitness is under consideration by an Efficiency and Separation Board is entitled to a fair and impartial hearing, which shall include as a minimum:
(1) Written notice of the pendency of any proceeding against him, and the specific cause or causes for inquiring into his fitness;
(2) Reasonable time to prepare his defense;
(3) The right to appear at the proceedings and to defend himself in person and by counsel; and
(4) The right to full access to, and to be furnished copies of, records relevant to his case at all stages of the proceedings.
(e) The Efficiency and Separation Board shall recommend specifically in each case that the officer be separated from or retained in the active service. If retention is recommended and concurred in by the Director of the Bureau of Coast and Geodetic Survey, the case shall be considered closed and the officer shall be notified thereof in writing. If the Director does not concur with the recommendation for retention, the case shall be forwarded to the Secretary of National Defense for review and determination.
(f) If the Secretary of National Defense determines that the officer is fit for retention, the case is closed. If he recommends the compulsory retirement or discharge of an officer, he shall send his recommendation, with the records of the proceedings of the Efficiency and Separation Board, and all other records pertinent to the case, to the President for his action.
(g) If the President approves a determination made under this section that an officer is unfit to be retained in the active list due to his failure to meet the standards of performance required of an officer, and such failure is not attributable to his intentional misconduct, willful failure or neglect, or vicious or immoral habits, such officer shall be separated from the service in accordance with the provisions of subsections (a) and (b) of Section eleven of this Act.
(h) If the President approves a determination made under this section that an officer's unfitness is due wholly or in part to his intentional misconduct, willful failure or neglect, or vicious or immoral habits such officer shall be separated from the service. An officer so separated forfeits all benefits due on account of, or incidental to, an honorable separation from the service.
SEC. 11.—Benefits due upon separation.&mdashA commissioned officer in the active service of the Bureau of Coast and Geodetic Survey separated from the service for causes not due to his own misconduct, willful failure or neglect, the intemperate use of drugs or alcoholic liquor, or vicious or immoral habits, shall:
(a) If on the date of separation he has completed five or more but less than twenty-five years of government service, be honorably discharged in the grade then held with separation pay equal to one month's base and longevity pay for each year of service, computed upon such grade. (b) If on the date of separation he had completed twenty-five or more years of government service, be retired in the grade then held under Sections two and five of this Act.
SEC. 12. Compulsory retirement before completion of required minimum length of service.&mdashWhen an officer attains the age of compulsory retirement as provided for in sub-paragraph (b), Section two of this Act without completing the minimum requirement of service, he shall be honorably discharged at the grade then held, with separation pay equal to one month's base and longevity pay for each year of government service, computed upon such grade.
Separation due to physical disability incurred in line of duty.
SEC. 13. Separation due to physical disability incurred in line of duty.—(a) Any officer who is separated from the active service for total physical disability incurred in the service and in line of duty, before completing twenty-five years of government service, shall receive either (1) a gratuity, payable in lump sum, equivalent to one month's base and longevity pay of the grade next higher than the grade he held at the time of his separation, multiplied by the years of government service rendered, but which shall not, in any case, be less than six month's base and longevity pay; or (2) a monthly separation pay equivalent to two and one-half per cent of the grade next higher than the grade he held at the time of his separation, for each year's government service rendered, but not less than fifteen per cent nor more than seventy-five per cent of such base and longevity pay.
(b) Any officer who is separated from the service for partial physical disability incurred in the service and in line of duty, before completing twenty-five years of government service shall receive either (1) a gratuity equivalent to one month's base and longevity pay of the grade he held at the time of his separation, multiplied by the years of service rendered, but which shall not, in any case, be less than six month's base and longevity pay; or (2) monthly separation pay equivalent to two and one-half per cent of the monthly base and longevity pay of the grade he held at the time of his separation for each year's service rendered, but not less than fifteen nor more than seventy-five per cent of such base and longevity pay.
SEC. 14. Resignation.&mdashUpon completion of at least fifteen years of service as a commissioned officer, an officer may be separated from the service in the grade then held, subject to the approval of the President, with separation pay equal to one month's base and longevity pay for each year of total government service computed upon such grade.
SEC. 15. Death, in line of duty before completion of twenty-five years of service.&mdashIf an officer dies in line of duty and on account of any wound, injury or illness contracted in line of duty before completing twenty-five years of government service, he shall be considered as separated for the purposes of this Act, and his surviving legitimate, adopted or acknowledged natural children and spouse, or parents if he was single, shall be entitled to receive, in equal shares and with the right of accretion, either (a) a gratuity payable in one lump sum equivalent to one month's base and longevity pay of the grade held by him at the time of his death for each year's active service rendered by him, but which shall not, in any case, be less than six month's base and longevity pay, or (b) a monthly gratuity equivalent to seventy-five per cent of two and one-half per cent of the monthly base and longevity pay of the grade held at the time of his death for each year's government service rendered, but which shall not in any case, be less than six month's base and longevity pay: Provided, That no payment under this section shall be made to children after they have attained the age of twenty-one or have married, nor to the surviving spouse upon remarriage: Provided, further, That nothing herein shall prevent the surviving spouse and/or children or parents from claiming the benefits under Republic Act Numbered Six hundred and ten in lieu of the benefits herein provided if the former is more advantageous to them.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
