Republic of the Philippines
HOUSE OF REPRESENTATIVES
FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4566

introduced by
Gabriela Women's Party-List
Representatives Luzviminda C. llagan and Emmerenciana A. De Jesus

EXPLANATORY NOTE

The Philippine civilian bureaucracy has been militarized since the late President Ferdinand
Marcos appointed military men to civilian positions. Succeeding administrations continued
this practice to ensure the loyalty of the military.

According to the Philippine Center for Investigative Journalism (PCW), at least 20 military
officers have been assigned to the Department of Nationai Defense {DND) and at least 26
retired and active duty military officers have also been assigned to the Department of
Transportation and Communication (DOTC) since Marcas fell from power in 1986.

At least 37 military officers were appointed in government-owned and controlled
corporations (GOCC’s) as well as in special economic zones (free ports) under the Ramos,
Estrada and Arroyo administrations. The Bureau of Customs, which is the biggest revenue-
generating agency, has had at least 9 military appointees under the Aquino, Ramos, Estrada,
and Arroyo administrations.

This practice continues as the current administration, which is less than a year old, has
already appointed at least 7 former and active military or police personne! to different posts
and agencies in the government {www.manilatimes.net/news/nation/former-military-
officials-get-posts-under-aquino}

Military personnel are trained to work within a structure where the rule of thumb is to
“fallow cow and question later." Military men are trained under a discipline that is
necessary in a war situation. Military and police personnel including officers bring their
military training, culture and practices even after they have been appointed to civilian
Positions. Such training and practices are inconsistent with democratic processes that
characterize the civilian bureaucracy. As the PCI repart said, “the blurring of line between
civilian and military tasks results in the weakening of civilian institutions", which contradicts
the provision of the 1987 Philippine Constitution that “Civilian authority is, at all times,
supreme over the military.”

The police organization has also been militarized since many of its leading officers come
from the Philippine Military Academy and are therefore imbued with military discipline and
culture. The AFP, currently in hot water, facing charges of massive graft and corruption
among its superior officers, suffers fram stained reputation. The dignity of the institution


dubbed as the protectors of the people and state is now in question. As further stated in
the PCU report, “the stigma of corruption has hung over the armed forces, with the highest
levels of command accused as the predators, and troops of the lowest ranks and taxpayers,
their prey.” This is obviously a demerit to an appointment of a military official to any civilian
post having this present image that is eventually negative to the people.

This bifl aims to uphold civilian supremacy as provided in the Constitution.

Approval of this bill is therefore, earnestly and urgently sought.

males 0. Aor
LYAVIMINDA C. ILAGAN ERAMERENCIANA gi DE JESUS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
FIFTEENTH CONGRESS.
First Regular Secsion

HOUSE BILL NO. 566

Introduced by

Gabriela Women's Party-List
Representatives Luzviminda C. Ilagan and Emmerenciana A. De Jesus

AN ACT PROHIBITING ALL RETIRED AND ACTIVE MILITARY AND POLICE PERSONNEL,
INCLUDING OFFICERS, FROM BEING APPOINTED IN A CONCURRENT OR ANY OTHER
CAPACITY TO THE POSITIONS OF SECRETARY, UNDERSECRETARY, HEAD OR MEMBER OF
GOVERNING BODIES OF GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS AND
AGENCIES AND OTHER EQUIVALENT POSITIONS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled.

SECTION 1. Prohibiting military and police personnel from being appointed to civilian
positions. - All military and police personnel, including officers, shall be disqualified from
being appointed in a concurrent or any other capacity to the positions of secretary,
undersecretary, head or member of governing bodies of government-owned or controlled
corporations and agencies and other equivalent positions. This prohibition shall apply even
after the military or police officer shall have been separated from service including
retirement.

SECTION 2. Elective position. - Nothing in this jaw shall prohibit military and police officers
from running for any elective position after they have become separated from the service,

SECTION 3. Repeating Clause. - Any law, presidential decree or issuance executive order,
letter of instruction, administrative order, rule or regulation contrary to, or inconsistent with
the provisions of this Act is hereby repealed, modified, or amended accordingly.

SECTION 4. Separabillty Clause. - \f any portion or provision of this Act is declared void or
unconstitutional, the remaining portions or provisions hereof shall not be affected by such
declaration.

SECTION 5. Effectivity Clouse. - This Act shall take effect fifteen (15) days from its

Publication in the Official Gazette or in at least two (2) national newspapers of general
circulation whichever comes earlier.

Approved,