A FORMER soldier’s claim for old-age pension benefits has been denied by the Commission on Audit after the Armed Forces Philippines (AFP) and the Department of National Defense (DND) said he was guilty of an administrative offense and was dismissed from service “without honor.”
Despite having served a total of 20 years in the military service since 1966, former Philippine Constabulary sergeant Ben Patiño was declared ineligible to receive even a penny of the P635,000 he claimed was due him from the Philippine Veterans Affairs Office (PVAO).
In his petition dated October 22, 2019, Patiño asserted that his discharge was under “honorable condition” since there was no investigation conducted to validate his separation from service.
Where there is doubt about applicable rules, he argued the law is construed in favor of those who stands to benefit.
The PVAO, however, contested his claims, noting the AFP Office of the Adjutant General (OTAG) confirmed that Patiño was discharged “without honor” in its Special Order (SO) No. 110 dated March 7, 2019.
The Legal Affairs Service of the DND said its review of available records showed claimant’s name was officially dropped from the roll of active AFP personnel on November 29, 1986 for being Absent Without Official Leave (AWOL), which was equivalent to summary dismissal.
The DND likewise questioned why Patiño waited for 32 years before seeking clarification whether his dismissal was honorable or dishonorable.
The PVAO invoked RA No. 6948 (An Act Standardizing and Upgrading the Benefits for Military Veterans and their Dependents) which provided that only former personnel honorably discharged are considered as veterans and entitled to pension benefits.
In its decision, the Commission on Audit upheld the position of the PVAO and the OTAG to deny the claim.
