WHEREAS, the members of the Armed Forces of the Philippines,
more than any other body of government personnel have been called upon
to carry the great share of the grave burden of suppressing the
activities of groups of men engaged in criminal conspiracy to seize
state power in the Philippines and of people causing widespread
lawlessness, disorder and wanton destruction of lives and property,
endangering the political and economic stability of the country;
WHEREAS, the members of the Armed Forces of the Philippines
are sacrificing at the risk of their lives and that of their families in
order to achieve the preservation of peace and order;
WHEREAS, the dependents of the members of the Armed Forces
of the Philippines equally share the burden of the sacrifices of these
military personnel by being left on their own resources most of the
time; and
WHEREAS, it is necessary to enhance and keep at a high level
the morale of these military personnel while engaged in the serious and
delicate task of safeguarding the security of the country and in the
additional task of social and economic development;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution of
the Philippines, and pursuant to Proclamation No. 1081 dated September
21, 1972, do hereby decree and order that bonafide dependents of members
of the Armed Forces of the Philippines to include trainees and draftees
who have died or are incapacitated and those who shall die or may be
incapacitated in line of duty shall be exempt from the payment of
tuition and matriculation fees in public or private schools,
universities, colleges and other educational institutions, in accordance
with the following provisions:
SECTION 1. Definition of Terms. — For purposes of
this decree, the following terms are defined as shown:
- Dependents — The spouse and unmarried children of
married military personnel, and the parents or any one next of Kin of
unmarried military personnel.
- Military Personnel — Commissioned officers, enlisted
personnel, trainees and draftees who are in the active service of the
Armed Forces of the Philippines.
- Grantee — The military dependent who is the recipient of
the benefit.
- Benefit — Complete exemption from the payment of tuition
and matriculation fees in any public or private school.
- School Year — Total of two (2) semesters and one (1)
summer.
- School Levels — Elementary, secondary, and collegiate
levels, excluding- pre-school and postgraduate courses.
- Tuition Fee — Fee collected by the school to be used in
paying for the instruction.
- Matriculation Fee — Fee collected by the school in
consideration for the acceptance and registration of student.
SEC. 2. Scope and Limitations—
- This benefit shall be extended to any one dependent of military
personnel in the active service who have died or were incapacitated in
line of duty since September 21, 1972 and those who shall die and may be
incapacitated in line of duty hereafter.
- This benefit may be enjoyed for a maximum of ten (10) school
years.
- This benefit is transferable to any of the dependents of the
military personnel, at the option of the next of kin, provided it will
not exceed ten (10) school years.
- This benefit is without prejudice to other educational benefits
previously being enjoyed by the military personnel or his dependents.
SEC. 3. Prerequisites and Standards—
- Admission of grantees to any school shall be in accordance with
existing laws and the admission policies of the school.
- Except for grantees who are graduating from any school level to
the next level, or except for meritorious reasons, grantees shall not be
allowed to transfer from the school where they were enrolled prior to
the grant of this benefit to another school.
- As long as the grantee satisfactorily passes the course of
instruction based on the approved standards of the schools, he shall
continue to enjoy the benefit. In case of failure in any subject or in a
school year, the benefit shall be suspended and the grantee, at his
option, may retake the subjects failed, or repeat the entire school
year, at his own expense.
- The benefit shall be terminated in case the grantee is expelled
from the school, or is convicted by any court for any crime involving
moral turpitude.
SEC. 4. Implementing Rules and Regulations. — The
Secretary of National Defense, in coordination with 'the Secretary of
Education and Culture, shall promulgate the necessary rules and
regulations to carry out the provisions of this Decree.
SEC. 5. Penal Provisions. — Any person who shall
knowingly make false representations in connection with the application
and/or approval of the benefit shall be charged before a court martial,
military tribunal or civil court, as appropriate, and shall be punished
as the court martial, tribunal, or civil court may direct.
SEC. 6. Effectivity. — This Decree shall take
effect upon approval.
Done in the City of Manila, this 11th day of November, in the
year of Our Lord, nineteen hundred and seventy-four.