NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. No. 1228
; s>euate
of t\)e §3i - iTtaiT
•22 AUG 25 P4:12
RECEIVlD BY: 
_
o
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
STRENGTHENING THE EMPLOYMENT RIGHTS FOR MEMBERS OF THE 
CITIZEN ARMED FORCES OR THE RESERVE FORCE OF THE ARMED FORCES 
OF THE PHILIPPINES AND FOR OTHER PURPOSES
EXPLANATORY NOTE
In many countries, there are established policies which safeguard the rights 
of their reservists to their employment. For instance. In United Kingdom, reservists 
who have a liability to be mobilized are protected against unfair dismissal, as it is a 
criminal offense for an employer to terminate a reservist's job without their consent 
solely or mainly because one has a liability to be mobilized1. Legislation also provides 
them with legal right to be reinstated to their former job, subject to certain 
conditions2.
In Australia, reservists are also protected in their civilian workplace from 
discrimination, disadvantage or dismissal for reasons associated with their Defence 
service3. US government also guarantees an employee returning from military 
service or training the right to be reemployed at one's former job (or as nearly 
comparable a job as possible) with the same benefits4.
1 Guidance: Reservist employer toolkit (updated May 14, 2021). Retrieved from 
https://www.gov.uk/government/publications/reservist-emplovers-toolkit/reservist-emplover-toolkit
2 Ibid.
3 Defence Reservists; rights and responsibilities at work. Retrieved from
https://www.fairwork.gov.au/sites/default/files/migration/723/Defence-reservists-rights-and-responsibilities-
at-work.pdf
4 A Guide to the Uniformed Services Employment and Reemployment Rights Act. Retrieved from 
https://www.dol.gOv/agencies/vets/programs/userra/USERRA-Pocket-Guide#chl9


This proposed measure Intends to provide the same level of protection and 
support to our reserve force in recognition of their important contribution to nation­
building, and In honor of their selflessness in offering their precious time, skills and 
service to the country. Our reservists have been instrumental In the success of many 
campaigns of the Armed Forces, often in humanitarian and emergency socio-civic 
outreach missions. They were among the first to be deployed during rescue and 
relief operations upon the onslaught of disasters and natural calamities, as well as in 
subsequent community rehabilitation efforts.
This measure also aims to encourage more Filipinos to become part of the 
Reserve Force by reducing the disadvantages to civilian and professional careers, in 
private or public sectors, which can result from rendering military service. In a way, 
the bill reinforces the reserve force as a crucial component of the national defense 
and security organization. Currently, there are 1.2 million members of the Reserve 
Force from all over the country5.
This bill was already approved on Third and Final Reading by the Senate 
during the Seventeenth Congress, but remained pending before the House of 
Representatives.
The Immediate passage of this legislation is earnestly sought.
I
JINGGOY EJERCITO ESTRADA
5TSN. Organizational meeting of the Senate Committee on National Defense and Security, Peace, Unification 
and Reconciliation, August 10, 2022. Page 54.


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s. No. 1228
of tiu"
72 AUG 25 P 4 -12
IntfXKluced by Senator Jinggoy Ejerdto Estrada
AN ACT
STRENGTHENING THE EMPLOYMENT RIGHTS FOR MEMBERS OF THE 
CITIZEN ARMED FORCES OR THE RESERVE FORCE OF THE ARMED FORCES 
OF THE PHILIPPINES AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
CHAPTER 1
2 
GENERAL PROVISIONS
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Section 1. Short Title. - This Act shall be known as the "Reservist
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Employment Rights Act"
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Sec. 2. Declaration of Policy. - It Is hereby declared a policy of the State to:
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a) Strengthen the Citizen Armed Forces or the Reserve Force of the Armed
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Forces of the Philippines (AFP) and recognize its role in the mission areas
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of the AFP and in national security;
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b) Protect the rights of reservists, and prevent and prohibit discrimination on
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the basis of rendering military service to the State;
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c) Encourage service in the AFP Reserve Force by eliminating or minimizing
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the disadvantages to civilian careers and employment which can result
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from rendering military service to the State; and
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d) Ensure the observance of all employers of the rights of reservists called to
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perform military service to the State, while the overall operation of their
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organization is not severely prejudiced.


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The prime duty of the State Is to serve and protect the people. For this
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reason, the State may call upon the people to defend the State, and in fulfilment
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thereof, may require its citizens to render military or civil service under conditions
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provided by law.
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Sec. 3. Coverage. - The provisions of this Act shall apply to all employers,
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whether private or public. Including all government agencies and political
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subdivisions as well as government-owned and/or -controlled corporations and their
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subsidiaries, nongovernment organizations, and other socioeconomic entities.
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Sec. 4. Definition of Terms. - As used in this Act, the following terms shall
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mean:
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a) Active Duty Training - the compulsory or voluntary trainings for reserve
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units and/or individual reservists provided by the AFP to update their
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working knowledge in the current military organization, doctrines, and in
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tactics, techniques and procedures or TTPs, in order to maintain a
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desirable state of readiness, enable them to satisfy the active service-in-
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grade required for promotion to higher grades, and maintain a level of
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proficiency and competency for those reservists designated as instructors
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in Reserve Officers' Training Corps (ROTC) and other reservist training
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programs;
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b) Auxiliary Service - the voluntary performance of a service by reservists for
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the purpose of helping maintain local peace and order, meeting local
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insurgency and terror threats for Intelligence requirements, assisting in
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rescue and relief operations during disasters and calamities, health welfare
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activities and participating in local socioeconomic development projects;
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c) Citizen Soldiers or Reservists - members of the Reserve Force of the AFP
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composed of the following:
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1) Graduates of the ROTC basic and advance courses and who were
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issued orders as enlisted reservists or reserve officers of the AFP;
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2) Graduates of authorized basic military training instructions who, as a
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result thereof, were issued orders as enlisted reservists or reserve
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officers;


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3) Ex-servicemen and retired officers of the AFP who have been 
integrated into the Reserve Force of the AFP; and
4) Reservist officers and enlisted reservists including those procured 
under existing laws and included in the present AFP roster.
There shall be three (3) categories of citizen soldiers or AFP reservists: 
The First Category Reserve, the Second Category Reserve, and the Third 
Category Reserve based on age.
1) First Category Reserve - shall be composed of able-bodied reservists 
whose ages are between eighteen (18) years and thirty-five (35) years. 
Inclusive.
2) Second Category Reserve - shall be composed of able-bodied 
reservists whose ages are between thirty-six (36) and fifty-one (51), 
inclusive.
3) Third Category Reserve - shall be composed of able-bodied reservists 
who are above fifty-one (51) years of age.
Based on the categorization above, the Reserve Force units shall 
further be classified Into the Ready Reserve, the Standby Reserve, and 
the Retired Reserve based on their operational readiness for immediate 
deployment/utilization.
d) Employment - the act of hiring and continued engagement including the 
reintegration of an employee called to military service to one's former 
position, or If not practicable, to a substantially equivalent position, 
without loss of seniority rights and diminution of pay;
e) Military service - any service rendered by a citizen soldier or reservist to 
the State upon orders of the AFP or call to active duty (CAD) to meet 
active duty training (ADT) requirements, or for any purpose that the AFP 
leadership may deem necessary In order to augment and support the 
Regular Force operations In times of war, national emergency or such 
other times as the national security requires;
f) Mobilization - the utilization of the Reserve Force of the AFP In times of 
emergency to meet threats to national security;


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g) Reintegration - the actual resumption of work of an employee after one's 
military service to one's former position, or if not practicable, to a 
substantially equivalent position, without loss of seniority rights and 
diminution of pay;
h) Reserve Force - those composing of members of the reserve components 
of the AFP;
i) Ready Reserve - citizen soldiers or reservists belonging mostly to the First 
Category reserve, who shall be organized, trained and maintained as 
mobilizable ready reserve subject to being called at any time to augment 
the regular armed force of the AFP not only In times of war or national 
emergency but also to meet local emergencies arising from calamities, 
disasters, and threats to peace, order, security, and stability in any 
locality. Including the need to provide assistance in relief and rescue work 
and other civil assistance activities;
Furthermore, members of the AFP Affiliated Reserve units of various 
government and private utilities and services considered essential for the 
preservation of economic stability of the country or particular locality, such 
as power and electricity, water supply, transportation and 
communications, among others, regardless of their categorization shall be 
classified as Ready Reserve;
All citizen soldiers belonging to the First Category Reserve, except those 
exempted under Republic Act No. 7077, otherwise known as the "Citizen 
Armed Forces of the Philippines Reservist Act", and other pertinent 
policies, shall be required to serve with the Ready Reserve units and will 
have assignments and promotions in accordance with existing policies of 
the AFP until transferred to the Standby Reserve by virtue of their age;
j) Standby Reserve - citizen soldiers or reservists belonging mostly to the 
Second Category Reserve and the Third Category Reserve. The members 
of the Standby Reserve shall be organized and assigned to specific reserve 
units and shall be maintained through annual assembly test to update 
their records and present addresses, among others. The Standby Reserve 
may be mobilized or ordered to active duty only in times of national


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emergency or war. The ranks of the members of the Standby Reserve may 
be upgraded if they voluntarily participate in training or serve with the 
Ready Reserve units in their areas or if their Standby Reserve unit 
undergoes retaining. They will however be encouraged to upgrade their 
military knowledge and skills by taking up non-resident or resident courses 
which shall be set up for the purpose; and 
k) Retired Reserve - citizen soldiers who have qualified for retirement 
through length of service, old age or disability. For this purpose, sixty-five 
(65) years shall be considered as the retirement age. However, if qualified 
and fit for duty, a member of the Retired Reserve may be ordered to 
active duty in times of local or national emergencies if one volunteers for 
active duty and when the Secretary of National Defense determines that 
there are not enough qualified citizen soldiers with one's special skills and 
qualifications In the Ready Reserve or Standby Reserve in one's particular 
area of residence.
CHAPTER 2
NON-DISCRIMINATION OF RESERVISTS
Sec. 5. Anti-Reservist Discrimination and Prohibited Acts. - 
a) It shall be unlawful for an employer, or those acting In the interest of the 
employer, whether private or public, including all government agencies 
and political subdivisions, as well as government-owned and/or controlled 
corporations and their subsidiaries, nongovernment organizations, and 
other socioeconomic entitles to:
1) Discriminate against an Individual in terms of compensation, terms and 
conditions, or privileges of employment on account of such individual's 
membership, application for membership, performance of military 
service, application for military service or obligation with the Reserve 
Force of the AFP;
2) Print or publish, or cause to be printed or published, in any form of 
media. Including the internet, any notice of advertisement relating to 
employment suggesting preferences, limitations, specifications, and 
discrimination based on membership, application for membership.


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performance of military service, application for military service or 
obligation with the Reserve Force of the AFP;
3) Require the declaration of application for membership, or status of 
membership in the Reserve Force of the AFP;
4) Decline employment on the basis of membership in the Reserve Force 
of the AFP;
5) Deny any employee's or worker's promotion or opportunity for training 
on the basis of membership, application for membership, performance 
of military service, application for military service or obligation with the 
Reserve Force of the AFP;
6) Lay off an employee or worker because of membership, application for 
membership, performance of military service, application for military 
service or obligation with the Reserve Force of the AFP; or
7) Impose early retirement on the basis of such employee's or worker's 
membership, application for membership, performance of military 
service, application for military service or obligation with the Reserve 
Force of the AFP.
b) It shall be unlawful for a labor contractor or subcontractor, if any, to 
refuse to refer for employment or otherwise discriminate against any 
individual because of such person's membership, application for 
membership, performance of military service, application for military 
service or obligation with the Reserve Force of the AFP;
c) It shall be unlawful for any organization to:
1) Deny membership to any individual because of such person's 
membership, application for membership, performance of military 
service, application for military service or obligation with the Reserve 
Force of the AFP;
2) Exclude from its membership any individual because of such person's 
membership, application for membership, performance of military 
service, application for military service or obligation with the Reserve 
Force of the AFP; or


1 
3) Cause or attempt to cause an employee to discriminate against an
2 
individual in violation of this Act.
3 
d) It shall be unlawful for a publisher to print or publish any notice of
4 
advertisement relating to employment suggesting preferences, limitations,
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specifications, and discrimination based on a person's membership,
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application for membership, performance of military service, application
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for military service or obligation with the Reserve Force of the AFP
8 
CHAPTER 3
9 
EMPLOYMENT RIGHTS AND ENTITLEMENTS
10 
Sec. 6. Employment Rights of Citizen Soidiers/Reservists. - The following are
11 
the rights of reservists who perform military service in the Reserve Force of the AFP:
12 
a) Reservists who perform military service are entitled to their original
13 
position, or when not practicable, to a substantially equivalent position,
14 
without loss of seniority rights and diminution of their pay;
15 
b) Military service shall not be considered a break In the employment for
16 
retirement purposes or for granting benefits provided for under the Labor
17 
Code and other special laws;
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c) Reservists cannot be required to use earned or entitled vacation or service
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incentive leaves for leave of absence in connection with the performance
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of military service in the Reserve Force; and
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d) Reservists who suffer any temporary or permanent disability due to
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military service shall not be denied reintegration if such employee can still
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perform the essential functions of their original employment, whether with
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or without reasonable accommodations.
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Sec. 7. Hiring of Substitute Employee. - An employer whose reservist
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employee is called to military service may hire another employee as substitute
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during the period of the military service of the reservist employee.
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The employment of the substitute employee shall be deemed terminated
29 
upon the reintegration of the reservist employee. The employer or those acting in
30 
the interest of the employer may, however, consider the substitute employee for
31 
another position. If practicable.


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Sec. 8. Reintegration Duty of an Employer. - It shall be the duty of the
2 
employer, or those acting In the Interest of the employer, to reintegrate reservists
3 
returning from military service to their former position, or when not practicable to a
4 
substantially equivalent position, without loss of seniority rights and diminution of
5 
their pay.
6 
Sec. 9. Conditions for Reintegration of Reservists. - Reservists shall be
7 
entitled to reintegration as provided in Section 8 of this Act, subject to the following
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conditions:
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a) The reservist has rendered or performed military service as a member of
10 
the Reserve Force of the AFP;
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b) The employer, or those acting in the interest of the employer, has been
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given a written notice by the AFP or the reservist, which if practicable,
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shall Indicate the duration of military service, at least thirty (30) days prior
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to departing for military service unless precluded by military necessity,
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except when under ail of the relevant circumstances, the timely provision
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of notice is otherwise Impossible or unreasonable;
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c) The employer, or those acting in the interest of the employer, shall
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immediately reintegrate the reservist after the latter is officially discharged
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from military service in accordance with the notice Issued by the AFP; and
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d) The employer, or those acting in the interest of the employer, shall
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provide its reservist employee the prevailing salary or wage at the time of
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reintegration of the reservist.
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In a timely manner, the AFP shall Issue and provide the pertinent notices and
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documents to reservists and their employers, and those acting in the interest of the
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employers, to facilitate the reintegration of the reservists to their employment.
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Sec. 10. Period to Notify of Intent to Return. - Reservists are hereby required
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to notify their employers, or those acting in the interest of the employer, of their
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intent to return to work subject to the following circumstances and conditions:
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a) In the case of reservists called to military service for a definite period
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when indicated in the call for active duty training or such other notice
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issued by the AFP, the employer, or those acting in the interest of the
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employer, shall be deemed notified of the intent to return when furnished


1 
a copy of the pertinent notice from the AFP prior to the absence of the
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reservist for military service;
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b) In the case of reservists called to military service for an Indefinite period
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when not indicated in the call for active duty training or such other notices
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issued by the AFP, the employer, or those acting in the interest of the
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employer, shall be deemed notified of the intent to return when furnished
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a copy of the pertinent notice from the AFP indicating the impending
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discharge of reservists at least fifteen (15) days prior to the end of the
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military service: Provided, That the reservists shall not be deemed
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ineligible when circumstances do not permit the timely prior notification of
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absence due to military service and/or intent to return of a reservist in
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compliance with this provision In accordance with Sections 9(b) and 9(d)
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of this Act: Provided, further, That reservists who suffer from illness or
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injury incurred in, or aggravated during, the performance of military
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service shall be allowed to indicate their desire to return to their former
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position within a reasonable time as prescribed by a military doctor:
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Provided, finally. That the AFP shall ensure that its policies and
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administrative processes, whenever practicable, allow for at least fifteen
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(15) days prior notification of employers, or those acting In their Interest,
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of the absence of reservists for military service and their capacity and
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intent to return to their employment.
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Sec. 11. Compensation for Non-Reintegration of Reservists. - In cases of
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authorized cases or circumstances, subject to the determination and approval of the
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Department of Labor and Employment (DOLE), where reintegration is impossible or
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unreasonable, the reservist shall be entitled to at least three (3) month's worth of
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basic salary or to a separation pay equivalent to his or her one-month basic salary
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per year of service, whichever Is higher.
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Sec. 12. Compensation of Reservists for Military Service. - In order to
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enhance the general welfare, commitment to service and professionalism of the
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members of the Reserve Force of the AFP, the reservist rendering military service
31 
shall be entitled to the base pay commensurate to their rank consistent with their
32 
counterpart in the regular force.


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The mother agency of the reservist shall promptly pay and remit the reservist
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employees' premium contributions, based on one's salary, during their absence due
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to military service, whether to the Government Service Insurance System (GSIS),
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PagTBIG, Philippine Health Insurance Corporation (PhilHealth), and all pertinent
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contributions related to the employment, and shall not reflect any gap in
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contributions in the records.
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Reservists shall have the option to pay their Social Security System (SSS)
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contributions as a voluntary paying SSS member to avoid any gap In their
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contribution records and afford their full entitlement to SSS benefits in accordance
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with existing guidelines.
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The AFP shall establish the necessary administrative process to assist
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reservists In the timely remittance of pertinent contributions, whether mandatory or
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voluntary.
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Sec. 13. Multi-Stakeholder Engagement and Advocacies. - The Department of
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National Defense (DND) and the AFP shall strengthen coordination and cooperation
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among stakeholders through a sustained and comprehensive advocacy campaign for
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the purpose of ensuring that the employment rights of reservists are understood and
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protected by ail concerned.
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For this purpose, the Department of Budget and Management (DBM), In
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consultation with the DND and the AFP, shall create the necessary plantilla or non-
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tenured positions. The necessary funds for the implementation of this provision shall
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be included in the budget of the DND and AFP In the annual General Appropriations
23 
Act.
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Sec. 14. Tax Benefits and Incentives. - The Department of Finance (DOF), In
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coordination with the DND, AFP and other appropriate government agencies, shall
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develop the appropriate rules and regulations on the provision of tax benefits and
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incentives based on justified costs and expenses by employers associated with
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organizational adjustments borne out of the absence of reservists in an organization
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in compliance with this Act, Republic Act No. 7077, and other appropriate laws, rules
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and regulations.
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Sec. 15. Administrative Fines and Penalties. - Violation of any of the provision
32 
of this Act shall be punished with a fine of not less than Fifty thousand pesos
10


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(P50,000.00) but not more than One million pesos (Pl/000,000.00), or imprisonment
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of not less than three (3) months but not more than two (2) years, or both, at the
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discretion of the court. If the offense is committed by a corporation, trust, firm,
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partnership or association or other entity, the penalty shall be imposed upon the
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responsible officer or officers of such corporation, trust, firm, partnership or
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association or entity.
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Sec. 16. Military Duty Leave. - Every reservist shall be entitled to a leave of
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seven (7) days with pay per year for the purposes of military training or military
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activities. This shall be on top of applicable leaves entitled to a reservist from one's
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employer.
11 
CHAPTER 4
12 
FINAL PROVISIONS
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Sec. 17. Appropriations. - The amount necessary for the immediate and
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effective implementation of this Act shall be charged against available funds of the
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DND and the AFP. Thereafter, such sums as may be necessary for the
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implementation of this Act shall be included in the annual appropriations of the AFP.
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Sec. 18. Impiementing Rules and Regulations. - Within sixty (60) days from
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the effectivity of this Act, the DOLE, In coordination with the DND, the AFP, the Civil
19 
Service Commission (CSC), and appropriate government agencies, shall promulgate
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the rules and regulations for the effective implementation of this Act.
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Sec. 19. Separability Clause. - If any provision of this Act Is declared invalid
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or unconstitutional, the remaining provision not affected thereby shall continue to be
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In full force and effect.
24 
Sec. 20. Repealing Clause. - All laws, decrees, orders or regulations or part
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thereof inconsistent with this Act are hereby repealed or modified accordingly.
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Sec. 21 . Effectivity. - This Act shall take effect fifteen (15) days following the
27 
completion of its publication in the Official Gazette or in a national newspaper of
28 
general circulation.
Approved,
11