Philippine Coast Guard (PCG) personnel who die while in active service after completing more than 20 years of service can be deemed retired and are entitled to retirement benefits for their surviving beneficiaries, the Department of Justice (DoJ) said.

The legal opinion, signed by Justice Secretary Fredderick Vida, was issued in response to a request from Coast Guard Commandant Adm. Ronnie Gil Gavan.

Gavan had sought guidance on the application of Republic Act 9993 and Presidential Decree No. 1638 regarding survivorship benefits.

The inquiry stemmed from the case of the late Vice Adm. Allan Victor T. dela Vega, a 35-year veteran of the Coast Guard who died of a heart attack in August 2024, more than a year before his scheduled compulsory retirement in January.

Gavan cited that Section 18 of Republic Act 9993, the Philippine Coast Guard Law of 2009, does not explicitly provide for survivorship benefits when an officer dies while in active service.

The DoJ ruled that provisions of Presidential Decree No. 1638, which governs military retirement, can be applied to address the absence of specific guidelines on posthumous retirement and survivorship benefits for Coast Guard personnel.

The decree dictates that qualified uniformed personnel who die in the line of duty shall be considered retired.

Vida said the law creates a “legal fiction” where the deceased individual is treated as having attained retired status, despite dying before their actual retirement date. Once that status is recognized, the corresponding retirement benefits are determined under the Coast Guard law, the DoJ added.

“Indeed, where the law itself deems a qualified uniformed personnel who dies in line of duty as retired, such statutory declaration should be given full effect,” the DoJ opinion stated.

The department added that any ambiguity regarding retirement benefits should be resolved in a manner that advances, rather than defeats, the humanitarian purposes of retirement legislation.