Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. 2028
Introduced by REPRESENTATIVE MERCEDES K. ALVAREZ, MNSA 
EXPLANATORY NOTE 
This bill seeks to seeks to affirm the commitment of the State to uphold the 
constitutional mandate of defending national sovereignty and ensuring public safety 
by recognizing and protecting the employment rights of members of the Citizen Armed 
Force or Reserve Force of the Armed Forces of the Philippines (“AFP”). 
Reservists play a crucial role in augmenting the Regular Force of the AFP, 
particularly during times of war, national emergency, or calamity. Their service is 
important to national security, disaster response, and civil assistance. However, such 
service often disrupts their civilian employment, resulting in discrimination, loss of 
job opportunities, and lack of social protection. This measure addresses these issues 
and seeks to balance national defense requirements with the protection of labor rights. 
This measure institutionalizes legal safeguards and socio-economic support for 
AFP reservists. It affirms the principle that military service should not be a burden to 
one’s civilian career, and it strengthens the Reserve Force by ensuring that citizens can 
serve the nation without fear of economic or professional displacement. 
In view of the foregoing, the immediate passage of this bill is earnestly sought. 
ATTY. MERCEDES K. ALVAREZ, MNSA
July 16, 2025
4:23 pm


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. 2028 
Introduced by REPRESENTATIVE MERCEDES K. ALVAREZ, MNSA 
 AN ACT 
STRENGTHENING THE EMPLOYMENT RIGHTS OF 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 the Representatives of the Philippines 
in Congress assembled:  
CHAPTER 1 
1 
GENERAL PROVISIONS 
2 
3 
SECTION 1. Short Title. — This Act shall be known as the “Reservist 
4 
Employment Rights Act.”  
5 
6 
Sec. 2. Declaration of Policy. — It is the policy of the State to ensure the 
7 
protection and promotion of employment rights of the Citizen Armed Force or the 
8 
Reserve Force of the Armed Forces of the Philippines (“AFP”). The State, as a matter 
9 
of policy, undertakes to:  
10 
a)
Strengthen the Citizen Armed Forces or the Reserve Force of the AFP and
11 
recognize its role in the mission areas of the AFP and in national security;
12 
b)
Protect the rights of reservists, and prevent and prohibit discrimination
13 
on the basis of rendering military service to the State;
14 
c)
Encourage service in the Reserve Force of the AFP by eliminating or
15 
minimizing the disadvantages to civilian careers and employment which
16 
can result from rendering military service to the State; and
17 


 
 
 
d) 
Ensure the observance of all employers of the rights of reservists called to 
1 
perform military service to the State. 
2 
The prime duty of the State is to serve and protect the people. For this reason, 
3 
the State may call upon the people to defend the State, and in fulfillment thereof, may 
4 
require its citizens to render military or civil service under conditions provided by law.  
5 
 
6 
Sec. 3. Coverage. — This Act shall cover all employers, whether private or 
7 
public, including all government agencies and political subdivisions as well as 
8 
government-owned and/or -controlled corporations and their subsidiaries, 
9 
nongovernment organizations, and other socioeconomic entities. 
10 
 
11 
Sec. 4. Definition of Terms. — As used in this Act, the following terms shall 
12 
mean: 
13 
a) 
Active Duty Training is the compulsory or voluntary trainings for reserve 
14 
units and/or individual reservists provided by the AFP to update their 
15 
working knowledge in the current military organization, doctrines, and in 
16 
tactics, techniques and procedures, in order to maintain a desirable state 
17 
of readiness, enable them to satisfy the active service-in-grade required for 
18 
promotion to higher grades, and maintain a level of proficiency and 
19 
competency for those reservists designated as instructors in Reserve 
20 
Officers' Training Corps (“ROTC”) and other reservists training programs. 
21 
b) 
Citizen Soldiers or Reservists are members of the Reserve Force of the 
22 
AFP composed of the following: 
23 
i. 
Graduates of the ROTC basic and advance courses and those who 
24 
were issued orders as enlisted reservists officers of the AFP; 
25 
ii. 
Graduates of authorized basic military training instructions who, 
26 
as a result thereof, were issued orders as enlisted reservists or 
27 
reserve officers; 
28 
iii. 
Ex-servicemen and retired officers of the AFP who have been 
29 
integrated into the Reserve Force of the AFP; and 
30 
iv. 
Reservist officers and enlisted reservists including those procured 
31 
under existing laws and included in the present AFP rosters. 
32 
There shall be three (3) categories of citizen soldiers or AFP reservists 
33 
based on age: 
34 


 
 
 
i. 
The First Category Reserve shall be composed of able-bodied 
1 
reservists whose ages are between eighteen (18) years and thirty-
2 
five (35) years, inclusive. 
3 
ii. 
The Second Category Reserve shall be composed of able-bodied 
4 
reservists whose ages are between thirty-six (36) years and fifty-one 
5 
(51) years, inclusive. 
6 
iii. 
The Third Category Reserve shall be composed of able-bodied 
7 
reservists who are above fifty-one (51) of age. 
8 
Based on the categorization above, the Reserve Force units shall be further 
9 
classified into the Ready Reserve, the Standby Reserve, and the Retired 
10 
Reserve based on their operational readiness for immediate deployment/ 
11 
utilization. 
12 
c) 
Employment is the act of hiring and continued engagement, including the 
13 
reintegration of an employee called to military service to one's former 
14 
position, or if not practicable to a substantially equivalent position, 
15 
without loss of seniority rights and diminution of pay. 
16 
d) 
Military Service is any service rendered by a citizen soldier or reservist to 
17 
the State upon orders of the AFP or call to active duty to meet active duty 
18 
training requirements, or for any purpose that the AFP leadership may 
19 
deem necessary in order to augment and support the Regular Force 
20 
operations in times of war, national emergency, or such other times as the 
21 
national security requires. 
22 
e) 
Reintegration is the actual resumption of work of an employee after one's 
23 
military service to one's former position, or if not practicable to a 
24 
substantially equivalent position, without loss of seniority rights and 
25 
diminution of pay. 
26 
f) 
Reserve Force is composed of members of the reserve components of the 
27 
AFP. 
28 
g) 
Ready Reserve is composed of citizen soldiers or reservists belonging 
29 
mostly to the First Category reserve who shall be organized, trained, and 
30 
maintained as mobilizable ready reserve subject to being called at any time 
31 
to augment the regular armed force of the AFP not only in times of war or 
32 
national emergency but also to meet local emergencies arising from 
33 
calamities, disasters, and threats to peace, order, security and stability in 
34 


 
 
 
any locality, including the need to provide assistance in relief and rescue 
1 
work and other civil assistance activities. 
2 
Furthermore, members of the AFP Affiliated Reserve units of various 
3 
government and private utilities and services considered essential for the 
4 
preservation of economic stability of the country or particular locality, 
5 
such as power and electricity, water supply, transportation and 
6 
communications, among others, regardless of their categorization shall be 
7 
classified as Ready Reserve. 
8 
All citizen soldiers belonging to the First Category Reserve, except those 
9 
exempted under Republic Act No. 7077, otherwise known as the Citizen 
10 
Armed Forces of the Philippines Reservist Act, and other pertinent 
11 
policies, shall be required to serve with the Ready Reserve units and will 
12 
have assignments and promotions in accordance with existing policies of 
13 
the AFP until transferred to the Standby Reserve by virtue of their age. 
14 
h) 
Standby Reserve refers to citizen soldiers or reservists belonging mostly 
15 
to the Second Category Reserve and the Third Category Reserve. The 
16 
members of the Standby Reserve shall be organized and assigned to 
17 
specific reserve units and shall be maintained through annual assembly 
18 
test to update their records and present addresses, among others. The 
19 
Standby Reserve may be mobilized or ordered to active duty only in times 
20 
of national emergency or war. The ranks of the members of the Standby 
21 
Reserve may be upgraded if they voluntarily participate in training or 
22 
serve with the Ready Reserve units in their areas or if their Standby 
23 
Reserve unit undergo retraining. They will however be encouraged to 
24 
upgrade their military knowledge and skills by taking up non-resident or 
25 
resident courses which shall be set up for the purpose. 
26 
i) 
Retired Reserve refers to citizen soldiers who have qualified for retirement 
27 
through length of service, old age, or disability. For this purpose, sixty-five 
28 
(65) years shall be considered as the retirement age. However, if qualified 
29 
and fit for duty, a member of the Retired Reserve may be ordered to active 
30 
duty in times of local or national emergencies if one volunteers for active 
31 
duty and when the Secretary of National Defense determines that there 
32 
are not enough qualified citizen soldiers with one's special skills and 
33 
qualifications in the Ready Reserve or Standby Reserve in one's particular 
34 


 
 
 
area of residence. 
1 
 
2 
CHAPTER 2 
3 
NON-DISCRIMINATION OF RESERVISTS AND EMPLOYMENT RIGHTS 
4 
 
5 
Sec. 
5. 
Anti-Reservists 
Discrimination. 
— 
Employers, 
contactors, 
6 
subcontractors, organizations, and/or publishers shall not discriminate against 
7 
reservists, and shall be guided by the following: 
8 
a) It shall be unlawful for an employer or those acting in the interest of the 
9 
employer, whether private or public, including all government agencies 
10 
and political subdivisions, as well as government-owned and/or — 
11 
controlled corporations and their subsidiaries, nongovernment 
12 
organizations, and other socioeconomic entities to: 
13 
i. 
Discriminate against an individual in terms of compensation, terms 
14 
and conditions, or privileges of employment on account of such 
15 
individual's 
membership, 
application 
for 
membership, 
16 
performance of military service, application for military service or 
17 
obligation with the Reserve Force of the AFP; 
18 
ii. 
Print or publish, or cause to be printed or published, in any form of 
19 
media, including the internet, any notice of advertisement relating 
20 
to employment suggesting preferences, limitations, specifications, 
21 
and discrimination based on membership, application for 
22 
membership, performance of military service, application for 
23 
military service or obligation with the Reserve Force of the AFP; 
24 
iii. 
Require the declaration of application for membership, or status or 
25 
membership in the Reserve Force of the AFP; 
26 
iv. 
Decline employment on the basis of membership in the Reserve 
27 
Force of the AFP; 
28 
v. 
Deny any employee's or workers promotion or opportunity for 
29 
training on the basis of membership, application for membership, 
30 
performance of military service, application for military service or 
31 
obligation with the reserve Force of the AFP; 
32 
vi. 
Lay off an employee or worker because of membership, application 
33 
for membership, performance of military service, application for 
34 


 
 
 
military service or obligation with the reserve Force of the AFP; or 
1 
vii. 
Impose early retirement on the basis of such employee's or worker's 
2 
membership, application for membership, performance of military 
3 
service, application for military service or obligation with the 
4 
reserve Force of the AFP. 
5 
b) It shall be unlawful for labor contractor or subcontractor, if any, to refuse 
6 
to refer for employment or otherwise discriminate against any individual 
7 
because of such person's membership, application for membership, 
8 
performance of military service, application for military service or 
9 
obligation with the Reserve Force of the AFP. 
10 
c) It shall be unlawful for any organization to: 
11 
i. 
Deny membership to any individual because of such person's 
12 
membership, application for membership, performance of military 
13 
service, application for military service or obligation with the 
14 
Reserve Force of the AFP; 
15 
ii. 
Exclude from its membership any individual because of such 
16 
person's membership, application for membership, performance of 
17 
military service or obligation with the Reserve Force of the AFP; or 
18 
iii. 
Cause or attempt to cause an employee to discriminate against an 
19 
individual in violation of this Act. 
20 
d) It shall be unlawful for a publisher to print or publish any notice of 
21 
advertisement 
relating 
to 
employment 
suggesting 
preferences, 
22 
limitations, specifications, and discrimination based on a person's 
23 
membership, application for membership, performance of military 
24 
service, application for military service or obligation with the Reserve 
25 
Force of the AFP. 
26 
 
27 
Sec. 6. Employment Rights of Reservists. —  The following are the rights of 
28 
reservists who perform military service in the Reserve Force of the AFP: 
29 
(a) Reservists who perform military service are entitled to their original 
30 
position, or when not practicable, to a substantially equivalent position, 
31 
without loss of seniority rights and diminution of their pay; 
32 
(b) Military service shall not be considered a break in the employment for 
33 
retirement purposes or for granting benefits provided for under the Labor 
34 


 
 
 
Code and other special laws; 
1 
(c) Reservists cannot be required to use earned or entitled vacation or service 
2 
incentive leaves for leave of absence in connection with the performance 
3 
of military service in the Reserve Force; and 
4 
(d) Reservists who suffer any temporary or permanent disability due to 
5 
military service shall not be denied reintegration if such employee can still 
6 
perform the essential functions of their original employment, whether 
7 
with or without reasonable accommodations. 
8 
 
9 
Sec. 7. Hiring of Substitute Employee. — An employer whose reservist 
10 
employee is called to military service may hire another employee as substitute during 
11 
the period of the military service of the reservist employee. 
12 
The employment of the substitute employee shall be deemed terminated upon 
13 
the reintegration of the reservist employee. The employer or those acting in the 
14 
interest of the employee may, however, consider the substitute employee for another 
15 
position, if practicable. 
16 
 
17 
 Sec. 8. Reintegration Duty of an Employer. — It shall be the duty of the 
18 
employer, or those acting in the interest of the employer, to reintegrate reservists 
19 
returning from military service to their former position, or when not practicable to a 
20 
substantially equivalent position, without loss of seniority rights and diminution of 
21 
their pay.  
22 
 
23 
 Sec. 9. Conditions for Reintegration of Reservists. — Reservists shall be 
24 
entitled the reintegration as provided in Section 8 of this Act, subject to the following 
25 
conditions:  
26 
a) 
The reservist has rendered or performed military service as a member of 
27 
the Reserve Force of the AFP; 
28 
b) 
The employer, or those acting in the interest of the employer, has been 
29 
given a written notice by the AFP or the reservist which, if practicable, 
30 
shall indicate the duration of military service, at least thirty (30) days prior 
31 
to departing for military service unless precluded by military necessity, 
32 
except when under all of the relevant circumstances, the timely provision 
33 
of notice is otherwise impossible or unreasonable; 
34 


 
 
 
c) 
The employer, or those acting in the interest of the employer, shall 
1 
immediately reintegrate the reservist after the latter is officially 
2 
discharged from military service in accordance with the notice issued by 
3 
the AFP; and 
4 
d) 
The employer, or those acting in the interest of the employer, shall provide 
5 
its reservist employee the prevailing salary or wage at the time of 
6 
reintegration of the reservist. 
7 
In a timely manner, the AFP shall issue and provide the pertinent notices and 
8 
documents to reservists and their employers, and those acting in the interest of the 
9 
employers, to facilitate the reintegration of the reservists to their employment. 
10 
 
11 
Sec. 10. Period to Notify Intent to Return. — Reservists are hereby required to 
12 
notify their employers, or those acting in the interest of the employers, of their intent 
13 
to return to work subject to the following circumstances and conditions: 
14 
a) 
In the case of reservists called to military service for a definite period when 
15 
indicated in the call for active duty training or such other notice issued by 
16 
the AFP, the employer, or those acting in the interest of the employer, shall 
17 
be deemed notified of the intent to return when furnished a copy of the 
18 
pertinent notice from the AFP prior to the absence of the reservist for 
19 
military service; and 
20 
b) 
In the case of reservists called to military service for an indefinite period 
21 
when not indicated in the call for active duty training or such other notices 
22 
issued by the AFP, the employer, or those acting in the interest of the 
23 
employer, shall be deemed notified of the intent to return when furnished 
24 
a copy of the pertinent notice from the AFP indicating the impending 
25 
discharge of reservists at least fifteen (15) days prior to the end of the 
26 
military service. 
27 
Provided, that the reservists shall not be deemed ineligible when circumstances 
28 
do not permit the timely prior notification of absence due to military service and/or 
29 
intent to return of a reservists in compliance with this provision in accordance with 
30 
Sections 9(b) and 9(d) of this Act: Provided, further, That reservists who suffer from 
31 
illness or injury incurred in, or aggravated during the performance of military service 
32 
shall be allowed to indicate their desire to return to their former position within a 
33 
reasonable time as prescribed by a military doctor: Provided, finally, That the AFP 
34 


 
 
 
shall ensure that its policies and administrative processes, whenever practicable, allow 
1 
for least fifteen (15) days prior notification of employers, or those acting in their 
2 
interest, of the absence of reservists for military service and their capacity and intent 
3 
to return to their employment. 
4 
 
5 
Sec. 11. Compensation for Non-Reintegration of Reservists — In cases of 
6 
authorized causes or circumstances, subject to the determination and approval of 
7 
Department of Labor and Employment (“DOLE”), where reintegration is impossible 
8 
or unreasonable, the reservist shall be entitled to at least three (3) months' worth of 
9 
basic salary or to a separation pay equivalent to one-month basic salary per year of 
10 
service, whichever is higher. 
11 
 
12 
Sec. 12. Compensation of Reservists for Military Service. —  In order to 
13 
enhance the general welfare, commitment to service and professionalism of the 
14 
members of the Reserve Force of the AFP, the reservist rendering military service shall 
15 
be entitled to the base pay commensurate to their rank consistent with their 
16 
counterpart in the regular force. 
17 
The mother agency of the reservist shall promptly pay and remit the reservist 
18 
employee's premium contributions, based on one's salary, during the absence due to 
19 
military service, whether to the Government Service Insurance System, the 
20 
Pagtutulungan sa Kinabukasan: Ikaw, Bangko, Industriya, at Gobyerno, otherwise 
21 
known as the PhilHealth, the Philippine Health Insurance Corporation, and all 
22 
pertinent contributions related to the employment, and shall not reflect any gap in 
23 
contributions in the records. 
24 
Reservists shall have the option to pay their Social Security System (“SSS”) 
25 
contributions as a voluntary paying SSS member to avoid any gap in their contribution 
26 
records and afford their full entitlement to SSS benefits in accordance with existing 
27 
guidelines. 
28 
The AFP shall establish the necessary administrative process to assist reservists 
29 
in the timely remittance of pertinent contributions, whether mandatory or voluntary. 
30 
 
31 
 Sec. 13. Multi-Stakeholder Engagement and Advocacies. — The Department 
32 
of National Defense (“DND”) and the AFP shall strengthen coordination and 
33 
cooperation among stakeholders through a sustained and comprehensive advocacy 
34 


 
 
 
campaign for the purpose of ensuring that the employment rights of reservists are 
1 
understood and protected by all concerned. 
2 
For this purpose, the Department of Budget and Management, in consultation 
3 
with the DND and the AFP, shall create the necessary plantilla or non-tenured 
4 
positions. The necessary funds for the implementation of this provision shall be 
5 
included in the budget of the DND and AFP in the annual General Appropriations Act. 
6 
 
7 
 Sec. 14. Tax Benefits and Incentives. — The Department of Finance, in 
8 
coordination with the DND, the AFP, and other appropriate government agencies, 
9 
shall develop the appropriate rules and regulations on the provision of tax benefits and 
10 
incentives based on justified costs and expenses by employers associated with 
11 
organizational adjustments borne out of the absence of reservists in an organization 
12 
in compliance with this Act, Republic Act No.7077, and other appropriate laws, rules, 
13 
and regulations. 
14 
 
15 
 Sec. 15. Administrative Fines and Penalties. — The violation of any of the 
16 
provision of this Act shall be punished with a fine of not less than Fifty thousand pesos 
17 
(50,000.00) but not more than One million pesos (P1,000,000) or imprisonment of 
18 
not less than three (3) months but not more than two (2) years, or both, at the 
19 
discretion of the court. If the offense is committed by a corporation, trust, firm, 
20 
partnership or association or other entity, the penalty shall be imposed upon the 
21 
responsible officer or officers of such corporation, trust, firm, partnership or 
22 
association or entity.  
23 
 
24 
Sec. 16. Military Duty Leave. — Every reservist shall be entitled to a leave of 
25 
seven (7) days with pay per year for purposes of military training or military activities. 
26 
The leave shall be on top of applicable leaves entitled to a reservist from one's 
27 
employer.  
28 
 
29 
 
30 
CHAPTER 3 
31 
FINAL POVISIONS 
32 
 
33 
Sec. 17. Appropriations. — The amount necessary for the immediate and 
34 


 
 
 
effective implementation of this Act shall be charged against any available funds of the 
1 
DND and the AFP. Thereafter, such sums as may be necessary for the implementation 
2 
of this Act shall be included in the annual appropriations of the AFP. 
3 
 
4 
 Sec. 18. Implementing Rules and Regulations. — Within sixty (60) days after 
5 
the effectivity of this Act, the DOLE shall, in coordination with the DND, the AFP, the 
6 
Civil Service Commission, and other appropriate government agencies, promulgate 
7 
the rules and regulations for the effective implementation of this Act. 
8 
 
9 
Sec. 19. Separability Clause. — If any provision of this Act is declared 
10 
unconstitutional, the remainder thereof not otherwise affected shall remain in full 
11 
force and effect. 
12 
 
13 
Sec. 20. Repealing Clause. — Any law, presidential decree or issuance, 
14 
executive order, letter of instruction, rule or regulation inconsistent with the 
15 
provisions of this Act is hereby repealed or modified accordingly. 
16 
 
17 
Sec. 21. Effectivity. — This Act shall take effect fifteen (15) days after its 
18 
publication in the Official Gazette or in a newspaper of general circulation.  
19 
 
20 
 Approved,