[ 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 œAN ACT STANDARDIZING AND UPGRADING THE BENEFITS OF MILITARY VETERANS AND THEIR DEPENDENTS 



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