Section 5
SEC. 5. Republic Act Numbered One hundred thirty-eight is hereby further amended by inserting the following provisions between sections twenty-three and twenty-four thereof: "ARTICLE VII "WITHHOLDING OR STOPPAGE OF PAY TO SATISFY PECUNIARY LIABILITY TO THE GOVERNMENT" "SEC. 23-A. (a) When it has been administratively determined, under such rules and regulations as the Secretary of National Defense shall prescribe, that an officer or enlisted man is pecuniarily liable to the Government for the loss, damage or deterioration of government property resulting from his abuse or negligence in the keeping, use or disposition of such property, the Chief of Staff may direct the proper disbursing officer to collect the amount of such liability in monthly installments by deduction from the monthly pay, as distinguished from allowances, of such officer or enlisted man: Provided, That the aggregate sum of such deductions for any month shall not exceed two-thirds of the payee's authorized rate of pay for that month: Provided, further, That whenever any part of the pay of an officer or enlisted man for a certain month shall have been legally forfeited or otherwise legally withheld, then no deduction under this subsection shall be so made as to reduce the pay actually received by the payee for that particular month below one-third of his authorized rate of pay therefor. An administrative finding, determination or order made by the Secretary of National Defense or the Chief of Staff pursuant to the provisions of this subsection shall be final and conclusive upon all officers of the Executive Department. "(b) Whenever, upon the final settlement of the accounts of any accountable or disbursing officer of the Armed Forces of the Philippines, the Auditor General, or his authorized representative, shall have found, and certified to the existence of, a balance of public money to be due the Government from the said officer, the Secretary of National Defense may, in his discretion, direct that the officer's monthly pay, or any portion thereof, be withheld and applied to the full restitution or reimbursement of the amount due the Government: Provided, That, in his discretion, the Secretary of National Defense may direct that all or a portion of the pay of any such accountable or disbursing officer be withheld pending the final settlement or adjustment of his accounts: Provided, further, That nothing in this subsection shall operate or be construed as precluding any other remedy under existing laws, for the collection of any indebtedness to the Government, or for the restitution or reimbursement of public funds by accountable or disbursing officers. "(c) The withholding of, or deduction from, the pay of officer or enlisted man pursuant to this section need not await, or be made to depend upon, the result of any criminal proceeding instituted against him for misappropriation, embezzlement, malversation, loss or damage to Government property or funds, and other offenses connected with the custody, care or use of Government property and funds."