PVAO DEPARTMENT ORDER NO. 157, October 08, 2002

AMENDED RULES AND REGULATIONS IMPLEMENTAL OF REPUBLIC ACT NO. 6948 AS AMENDED BY REPUBLIC ACT NO. 7696, RE “AN ACT STANDARDIZING AND UPGRADING THE BENEFITS OF MILITARY VETERANS …

National Administrative Register October 8, 2002
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These rules and regulations are hereby promulgated amending Department Order No. A-049 dated May 20, 1990 implemental of Republic Act No. 6948 dated April 9, 1990, as amended by Republic Act No. 7696 dated April 9, 1994.

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Part II
EDUCATIONAL BENEFITS

SECTION 13.    Eligibility.
— The following persons who have never heretofore enjoyed educational
benefit under Philippine law nor under United States law, who desires to
study, shall, upon certification of the Administrator, be admitted to
any school, college, university or institution authorized by the
Government, with all school fees, including tuition, matriculation,
athletic, library, laboratory, medical, military training, diploma and
graduation fees, at the expense of the government, subject to the rules
and conditions prescribed herein.

a.      Veterans of the Philippine revolution against Spain and the Philippine-American War.

b.      Veterans
of the Philippine Army or of any recognized or deserving guerilla
organization who took active participation in the resistance movement
and/or in the liberation drive against the enemy during World War II
from 8 December 1941 to 2 December 1945.

c.       Veterans of the Philippine Expeditionary Forces to Korea (PEFTOK) during the period from 15 September 1950 to 31 May 1955.

d.      Veterans
of the Philippine Civic Action Group or Philippine Contingent in
Vietnam (PHILCAG) during the period from 31 August 1964 to December
1969.

e.      The unremarried surviving spouse of the deceased veteran; or

f.        One
(1) direct descendant of a veteran in whose favor he renounces such
right to include: one (1) child of the veteran; or one (1) child of the
deceased veteran in whose favor such right is applied for by the
surviving spouse or legal guardian of such child; or one (1) child among
the children of the deceased veteran from two or more marriages legally
contracted by him, to be chosen by the Administrator; or one (1) child
of the deceased veteran to be chosen by the Administrator if both the
veteran and his wife are deceased.

SECTION 14.    Change of Grantee. — Waiver of a previously approved educational benefit  shall, upon proper application therefor, be granted by the Administrator or in any of the following cases:

a.      Where
the same has not been used by the original grantee and is being waived
in favor of one (1) direct descendant of a veteran; or

b.      Where
the benefit has been partially used and the previous grantee-user died
while enjoying the educational benefit or for some reasons or causes
beyond the grantee-user’s control and deemed justified such as illness,
transfer of military station or calamity may force him to discontinue
studying, in which case the subsequent grantee is only entitled to the
remaining period of entitlement.

SECTION 15.    Period of Entitlement to Educational Benefit
— Regardless of the length of wartime service, rank and category of a
veteran, he or his qualified beneficiary is entitled to one basic course
or degree:

a.      If the course requires two or three years of study, the grantee-user shall be awarded 30 months period of entitlement;

b.      If the course requires four years of study, the grantee-user shall be awarded 40 months period of entitlement;

c.       If the course requires five years of study, the grantee-user shall be awarded 50 months period of entitlement.

In no casez shall the educational benefit be extended beyond the period of entitlement awarded.

SECTION 16.    Effectivity of Educational Benefit.
— Any and all awards of educational benefit, whether for initial
enjoyment by the veteran, or waiver by the veteran in favor of one (1)
direct descendant or waiver of the balance of the period of entitlement
in favor of the veteran’s direct descendant, or change of basic course
or degree, shall take effect at the beginning of the semester,
trimester, quarter or summer during which the educational benefit was
approved, except in the following cases:

a.      Where
the grantee-user fails to enroll after the release of the award, he may
avail himself of the same in any subsequent semester, trimester,
quarter, summer or school year;

b.      Where
the grantee-user has been duly notified of the award but fails to
comply with the requirements for the release thereof, the benefit shall
take effect only in the semester, trimester, quarter, summer, or school
year when the said award is released.

SECTION 17.    Authorized Educational Institutions.
— An authorized educational institution is any school, college,
university, or institute recognized and/or permitted by the Commission
on Higher Education (CHED).  It does not include
an institution operating either in Philippine territory or abroad by
authority of the proper office or agency of a foreign government.

SECTION 18.    Measure of School Year.
— A school year is composed of two (2) semesters (five months each) and
one (1) summer term (two months) or three (3) trimesters (four months
each), or four (4) quarters (three months each).

SECTION 19.    Basic Course or Degree.
— A basic degree or course is understood to be a post-secondary course
or a tertiary or collegiate course consisting of four (4) or five (5)
years schooling as authorized by the CHED.  Provided,
however, that those who have started to enjoy the educational benefit
for a course or degree to be completed in more than five (5) years shall
be allowed to continue and finish the selected course or degree.  Provided,
further, that the Administrator shall issue a list of courses or
collegiate degrees to be published by PVAO from which a grantee-user has
to choose from.  Provided,
finally, that the grantee-users who have indicated their chosen course
or degree from the list shall take up the ROTC component of Republic Act
No. 9163, National Service Training Program being offered in the
educational institution where he or she is enrolled.
  

SECTION 20.    Manifestation of Course or Degree to be Pursued. — The manifestation of the basic course or degree to be pursued by the grantee-user shall outrightly
be indicated in the prescribed form or by informing in writing the PVAO
of the course or degree, whether terminal vocational course or
baccalaureate degree to be pursued during the enjoyment of the period of
entitlement.

SECTION 21.    Change of Basic Course or Degree. — Change of basic course or degree, upon proper application thereafter, may be granted in the following cases:

a.      Where
there is a remaining balance of the period of entitlement and where the
grantee-user has not finished a course or degree under the award.

b.      Where
the grantee-user has chosen the wrong course or degree or has decided
later to pursue another course or degree for plausible reasons, such as
scholastic standing, health, financial condition, location of
employment, job opportunity, aptitude or mental capacity, or marriage,
upon proper counseling by the Administrator or his designated staff.  The
change of course or degree shall not be authorized during the enjoyment
of the privilege of educational benefit except in cases where at least
75% of the units earned in the previous course or degree is credited  to the new course or degree which is neither longer nor more expensive.

SECTION 22.    Course in Priesthood.
— Educational benefit for the course leading to priesthood or ministry
of gospel in any religious sect or denomination maybe allowed only to
the extent of the secondary and liberal arts portion of said course or
degree.  Provided, however, that the school is authorized and/or recognized by the CHED.

SECTION 23.    Extension of Benefit.
— There shall be no extension of educational benefit beyond the period
of entitlement given to a grantee-user, Provided, however, that those
who have been previously granted extension of educational benefit shall
continue to enjoy the same until the completion of their course or
degree.

SECTION 24.    Payment of School Fees.
— The PVAO shall pay the total school fees incurred in the enrollment
of any grantee-user based on the schedule of fees authorized by the CHED
and appearing in the prospectus, catalogue or brochure of the school
concerned including tuition, matriculation, registration, athletic,
library, laboratory, medical and dental, clinical, affiliation, military
training, diploma and graduation fees.

SECTION 25.    Refund of School Fees by the Student-Ward for Dropped or Failed Subjects and Restoration of Period of Entitlement Used.
— The grantee-user shall be required to refund the school fees paid by
the PVAO where he/she has used the benefit for the first time and it is
shown that he has chosen a wrong course and has dropped all his/her
subjects as evidenced by his/her scholastic record, in which case, the
period used shall be restored in favor of the student who may then be
allowed to pursue a new course.  Failure to refund the school fees paid by PVAO will result to automatic deduction of the period of entitlement.

SECTION 26.    Cases Where No Refund is Required.
— No refund of the school fees shall be required of a grantee-user in
the case where all subjects were dropped or withdrawn due to ill-health
or calamity, or due to transfer of military station where the
grantee-user is a member of the AFP, subject to the following
conditions:

a.      The
illness shall be supported by a medical certificate of the attending
physician, or in case of calamity or transfer of military station by a
certification or assignment orders issued by the authorities concerned,
as the case may be.

b.      The
necessary certification or order shall be submitted to the PVAO within
thirty (30) days from the date of the dropping of the subjects, together
with a certification by the registrar or his authorized representative
regarding the reason or cause thereof.

c.       The corresponding months enjoyed for the particular school term shall be deducted from the basic entitlement.

For failure to comply with conditions
(a) and (b) above for reasons or causes deemed beyond his control, the
grantee-user may elect to refund to the PVAO the whole charges for the
particular school term, in which case the period paid shall be restored.

SECTION 27.    Non-Restoration of Periods Enjoyed.
— Except as otherwise specifically provided in Sections 25 and 26
hereof, the restoration of the period of entitlement or any portion
thereof shall not be granted notwithstanding any payment made by the
grantee concerned of the fees due his school while the benefit is in
effect.  The PVAO shall pay all fees authorized by
law and thereupon the grantee shall claim for the refund from his
school of whatever amount he paid in advance.

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These Rules and Regulations shall take effect fifteen (15) days after publication in a newspaper of national circulation.

Adopted: 08 Oct. 2002

(SGD.) COMMO ARTEMIO R. ARUGAY
AFP (Ret) Administrator

APPROVED:

(SGD.) ANGELO T. REYES
Secretary of National Defense