Section 4
SEC. 4. Section twenty-one of Republic Act Numbered One hundred thirty-eight is hereby amended to read as follows: "SEC. 21. (a) Except as hereinafter provided in this section, officers and enlisted men lawfully detained or provisionally released on bail by the civil authorities pending the trial or final determination of their cases in the civil courts, or serving sentence of imprisonment, will receive no pay and allowances for the period of their absence from military control or custody. "(b) Except as hereinafter provided in this section, officers and enlisted men who have returned to military control following their release on bail or transfer to the custody of their respective commanding officers for sake-keeping, pending the trial or final determination of their cases in the civil courts, will receive no pay, as distinguished from allowances, for any period of absence from their regular duties by reason of the pendency of their cases before the civil courts. "(c) Should any officer or enlisted man falling under subsections (a) or (b) of this section be unconditionally released by the civil authorities without trial, or after trial and acquittal, or if the case against him before the civil courts is dismissed or otherwise terminated without conviction, or if he shall have been sentenced to the penalty of destierro under Article two hundred and forty-seven of the Revised Penal Code, he shall be entitled to receive the pay and allowances, or pay, as the case may be, for the Period of his absence from military control and/or regular duties: Provided, That the status of a person as absent without leave or in desertion immediately prior to the time of his arrest or detention by the civil authorities, and/or following his provisional or unconditional release therefrom, shall continue until his return to actual military control, irrespective of the final outcome of his case before the civil courts. "(d) Any officer or enlisted man who has returned to military control and performed regular duties pending the trial or final determination of his case before the civil courts, shall be entitled to receive all his pay and allowances during the period such duties have been performed, irrespective of the outcome of his case. The restoration to, or relief from, full duty status of officers and enlisted men who have lawfully returned to military control or custody pending the trial or final determination of their cases before the civil courts, shall be as directed by the Chief of Staff, with the approval of the Secretary of National Defense: Provided, That nothing herein shall be construed as relieving the proper commanding officer or officers of military personnel accused before the civil courts from the responsibility of producing the person of the accused at the time and place required by the lawful order of the proper civil authorities. "(e) Nothing in this section shall operate or be construed to repeal or in any way modify existing laws and regulations relating to the suspension from office of any officer by the President."