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EIGHTEENTH CONGRESS OF THE ) YY
REPUBLIC OF THE PHILIPPINES) &
Second Regular Session ) Y
HOUSE OF REPRESENTATIVES
H-No, 2056

Introduced by Representative Raul C. Tupas

EXPLANATORY NOTE

AN ACT STRENGTHENING PROFESSIONALISM AND CONTINUITY OF
POLICIES AND MODERNIZATION INITIATIVES OF THE ARMED FORCES OF
THE PHILIPPINES BY PRESCRIBING FIXED TERMS FOR THE CHIEF-OF-
STAFF/ CHAIRMAN OF THE JOINT CHIEFS AND OTHER KEY OFFICERS
THEREOF, INCREASING THE MANDATORY AGE OF RETIREMENT OF
GENERALIFLAG OFFICERS, PROVIDING FOR A MORE EFFECTIVE ATTRITION
SYSTEM, REPEALING SECTIONS 5, 10, 11 AND 12 OF PRESIDENTIAL
DECREE NO. 1638, AS AMENDED, AND SECTIONS 3 AND 4 OF REPUBLIC
ACT 8186, AS AMENDED, AMENDING SECTION 1 OF REPUBLIC ACT 9188
AND FOR OTHER PURPOSES

The passage of this bill aims to introduce significant changes in the tour of
duty, retirement age, and attrition system in the Armed Forces of the Philippines
(AFP).

The modernization program of the AFP provides for force restructuring and
organizational development'. The program aims to develop the AFP into a compact,
efficient, responsive and modern organization with the capability to engage in
conventional and/or unconventional warfare, disaster relief and rescue operations,
and contribute to economic development and other nontraditional military roles.

The Revised AFP Modernization Program aims to develop and transform the
AFP into a multi-mission-oriented force capable of effectively addressing internai
and external security threats.2

To complement the organizational development of the AFP, this bill provides
for the following:

* Republic Act No. 7898 “AN ACT PROVIDING FOR THE MODERNIZATION OF THE ARMED
FORCES OF THE PHILIPPINES AND FOR OTHER PURPOSES.”

2 Section, Republic Act No. 10349 "AN ACT AMENDING REPUBLIC ACT NO. 7898,
ESTABLISHING THE REVISED AFP MODERNIZATION PROGRAM AND FOR OTHER
PURPOSES


a) To fix the tour of duty of the Joint Chiefs and the Joint Force Commanders to
three (3) years;

b) To increase the mandatory retirement age of general/flag officers to 65 years
of age;

c) To provide for a revised attrition system both for commissioned officers and
enlisted personnel;

d) To set the maximum tenure in-grade for commissioned officers and enlisted
personnel and enhance competitive categories for promotion; and

e) To prescribe the authorized number of officers in the active force in each
grade and in each major, technical or administrative service and implement
the gradual decrease in the number of officers in each officer rank as part of,
and in line with, the Modernization Program of the AFP.

To give effect to the foregoing, the provisions of existing laws will be revisited:

a) Repeal of sections 5, 10, 11, and 12 of Presidential Decree No. 1638, as
amended,

b) Repeal of sections 3 and 4 of Republic Act. No. 8186, as amended‘; and
c) Amendment of section 1 of Republic Act. No. 91885.

It is high time that we provide the much-needed boost to the armed forces by
enhancing their professional development amidst the challenging roles they perform
in our present society.

Genuine reforms and transformation must be initiated to be more relevant to
the times and prepare the defense organization toward the evolving complex and
hybrid security and defense threats and challenges.

> ESTABLISHING A NEW SYSTEM OF RETIREMENT AND SEPARATION FOR MILITARY
PERSONNEL OF THE ARMED FORCES OF THE PHILIPPINES AND FOR OTHER
PURPOSES

+ AN ACT PRESCRIBING OFFICER GRADE DISTRIBUTION IN THE ACTIVE FORCE OF THE
ARMED FORCES OF THE PHILIPPINES AND LIMITING THE TENURE OF OFFICERS IN THE
GRADE OF COLONEL/CAPTAIN (PN) AND GENERAL FLAG OFFICERS IN THE AFP.

5 AN ACT STRENGTHENING THE PROFESSIONALISM IN THE ARMED FORCES OF THE
PHILIPPINES BY INCREASING THE PERCENTAGE DISTRIBUTION OF GENERALS/FLAG
OFFICERS IN THE AFP TABLE OF ORGANIZATION, AMENDING FOR THIS PURPOSE
REPUBLIC ACT NUMBERED EIGHTY-ONE EIGHTY-SIX (R.A. 8186), AND FOR OTHER
PURPOSES


The AFP leadership must be provided ample period of continuity to pursue
and institutionalize important programs in the organization. The AFP must be
supported as it performs its constitutional mandate of defending, securing and
protecting the state, the people, the territory, and the sovereign rights accorded and
duly recognized by likeminded nations that subscribe to the rule of law.

For this reason, the immediate approval of this measure is earnestly sought.

Med

RAUL C. TUPAS


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EIGHTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES —_)
Second Regular Session }}

HOUSE OF REPRESENTATIVES
H:No.2056

Introduced by Representative Raul C. Tupas

AN ACT STRENGTHENING PROFESSIONALISM AND CONTINUITY OF
POLICIES AND MODERNIZATION INITIATIVES OF THE ARMED FORCES OF
THE PHILIPPINES BY PRESCRIBING FIXED TERMS FOR THE CHIEF-OF-
STAFF/ CHAIRMAN OF THE JOINT CHIEFS AND OTHER KEY OFFICERS
THEREOF, INCREASING THE MANDATORY AGE OF RETIREMENT OF
GENERAL/FLAG OFFICERS, PROVIDING FOR A MORE EFFECTIVE ATTRITION
SYSTEM, REPEALING SECTIONS 5, 10, 11 AND 12 OF PRESIDENTIAL
DECREE NO. 1638, AS AMENDED, AND SECTIONS 3 AND 4 OF REPUBLIC
ACT 8186, AS AMENDED, AMENDING SECTION 1 OF REPUBLIC ACT 9188
AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress Assembled:

Title |
DECLARATION OF POLICY

SECTION 1. Declaration of Policy. - The 1987 Philippine Constitution under Article
XVI Sec. 5 (3) provides: “Professionalism in the armed forces and adequate
remuneration and benefits of its members shall be a prime concern of the State. The
armed forces shall be insulated from partisan politics.”

Itis hereby declared the policy of the State that in the pursuit of the modernization of
the Armed Forces of the Philippines (AFP), it shall:

(a) Enhance professionalism in the organization by strengthening the merit
system and allow the new leadership a longer period to implement reforms
and institutionalize good policies that will redound to the improvement of the
AFP;

(b) Promote the most qualified officers of general rank; and

(c) Revisit and remove the revolving door policy which lead to accommodation
promotions in order to successfully create a new culture of excellence in
leadership and accountability in the AFP.

Toward this end, the State shall:


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(a) Fix the tour of duty of the Chief of Staff/Chairman of the Joint Chiefs (CJC)
and other officers holding key positions;

(b) Adjust the mandatory retirement age of General/Flag Officers of the AFP; and

(c) Ensure implementation of merit-based promotion and attrition system that will
assure the Armed Forces of continuous pool of qualified and competent
leaders.

Title Il
TERMS OF OFFICE

SECTION 2. Tour of Duty of Key Officers. - The members of the Joint Chiefs and the
Joint Force Commanders, upon appointment, shall serve a tour of duty of three (3)
years. Provided, That the Joint Chiefs shall be composed of the following:

(a) AFP Chief of Staff/ Chairman of the Joint Chiefs (CJC);
(b) Vice Chairman of the Joint Chiefs;

(c) Chief of the Joint Staff;

(d) Chief of the Army;

(e) Chief of the Air Force; and

(f) Chief of the Navy

Unless otherwise specified by the President, the tour of duty of the aforementioned
officers shall commence on the date the appointment is signed, and shall be for
three (3) consecutive years unless sooner terminated by the President.

The fixed tour of duty provided herein shall apply to General/Flag Officers appointed
by the President after the effectivity of this Act.

The members of the Joint Chiefs shall be selected by the President from among the
officers in the grades of Major General/ Rear Admiral and Lieutenant General/Vice
Admiral who, in his/her judgment, is best and qualified for those positions,
regardless if the officer is occupying a position with a fixed tour of duty or not.

Section 4 of Republic Act No. 8186 entitled "An Act Prescribing Officer Grade
Distribution in the Active Force of the Armed Forces of the Philippines and Limiting
the Tenure of Officers in the Grade of Colonel/Captain (PN) And General/Flag
Officers in the AFP" (R.A. No. 8186) is hereby repealed.

SECTION 3. Tour of Duty of the Superintendent of the Philippine Military Academy
(PMA). - The President shall appoint a general officer of proven competence and
academic excellence as PMA Superintendent. The appointee shall be exempt from
the application of the maximum tenure-in-grade defined under this Act and shall be
given a tour of duty of four (4) years, unless sooner terminated by the President.


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He/She shall be compulsorily retired after completion of the tour of duty or upon
relief from office.

SECTION 4. Prohibition on the Extension of Term. - Except as provided for under
Section 5 of this Act in accordance with the Constitution, no extension of tour of duty
of the Joint Chiefs, Joint Force Commanders, and PMA Superintendent, and shall
be allowed.

SECTION 5. Tour of Duty of the Chief of Staff/ Chairman of the Joint Chiefs. -The
tour of duty of the Chief of Staff /CJC of the AFP shall not exceed three years.
However, in times of war or other national emergency declared by Congress, the
President may extend such tour of duty.

TTITLE Ill
RETIREMENT

SECTION 6. Compulsory Retirement for Military Personnel. - Section 5(a) of
Presidential Decree No. 1638, entitled "Establishing a New System of Retirement
and Separation for Military Personnel of the Armed Forces of the Philippines and for
Other Purposes", as amended by Presidential Decree No.1650, is hereby repealed
and replaced with a new provision which shall read as follows:

"Sec 5.(a). An officer or enlisted personnel shall be compulsorily retired
upon accumulation of at least 30 years of active service or upon
reaching the age of 56 years old, whichever comes later. Provided, That
Officers in the grades 07-09 shall be compulsorily retired upon attaining
the maximum tenure-in-grade as defined in this Act, regardless of age
and without prejudice to be promoted to the next higher rank; Provided
further, that an officer appointed to the grade O-10 shall be compulsorily
retired upon completion of three (3) years tour of duty or sixty-five (65)
years of age whichever comes earlier; and Provided finally, that such
Officer who was commissioned under Presidential Decree No 1908, who
has attained fifty-six (56) years of age with at least 16 years of active
service shall be allowed to complete twenty (20) years of active service
for purposes of compulsory retirement.”

SECTION 7. Optional Retirement. - Upon accumulation of at least twenty years of
satisfactory Active Service, an officer or enlisted personnel may request for
retirement from Active Service, subject to the approval of appropriate authority and
as provided for in the Implementing Rules and Regulations of this Act.

SECTION 8. Retirement Grade. - In case of optional retirement, a general/flag
officer shall be retired in his/her present grade only after serving at least two (2)
years in that grade prior to the date of said retirement, otherwise, he/she will be
retired in his/her previous grade.


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TITLE IV
ATTRITION SYSTEM FOR PERSONNEL OF THE AFP

SECTION 9. Definition of Terms. - As used in this Title, the following terms shall

Mean:
(a) Active Duty - the service or duty in the regular force AFP.

(b) Enlisted Personnel — refer to members of the AFP with the rank of
Private up to First Chief Master Sergeant or their equivalent in the
other services, usually referred to as Non-Commissioned Officers
upon reaching the rank of Corporal and above.

(c) Forced Attrition - a mode of attrition wherein an officer or enlisted
personnel, who, after having been considered for promotion to the next
higher grade; or an officer who has been considered for retention
pursuant to law, but failed to qualify on account of his/her own fault,
failure or negligence or lack of individual merit, is separated from the
active service.

(d) Officers - refer to commissioned personnel in the active service of the
Armed Forces of the Philippines.

(e) Grade - the military rank of a commissioned officer and enlisted
personnel.

Commissioned officers from the lowest to the highest, are:
Second Lieutenant/Ensign (PN);

(1)
(2) First Lieutenant/ Lieutenant Junior Grade (PN);
(3) Captain/Lieutenant (PN);

(4) Major/Lieutenant Commander (PN);

(5) Lieutenant Colonel/Commander (PN);

(6) Colonel/Captain (PN);

(7) Brigadier General/Commodore (PN),

(8) Major General/Rear Admiral (PN);

(9) Lieutenant General/Vice Admiral (PN); and
(10) General/Admiral (PN)

For enlisted personnel, from the lowest to the highest, are:

(1) Private;

(2) Private First Class;
(3) Corporal;

(4) Sergeant;

(5) Staff Sergeant;

(6) Technical Sergeant,


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(7) Master Sergeant;

(8) Senior Master Sergeant;

(9) Chief Master Sergeant; and
(10) First Chief Master Sergeant

or their equivalent in the Philippine Navy and Philippine Air Force.

(f) Primary Zone - the primary zone shall be composed of officers who
are on promotable status in the uppermost portion of the promotion list
equivalent to the number of declared vacancies.

(g) Service member - any active duty officer or enlisted personnel of the
AFP.

(h) Tenure-In-Grade - the allowable/maximum year given to an
Officer/Enlisted Personnel in a certain grade/rank.

SECTION 10. Forced Attrition. - Sections 10, 11 and 12 of P.D. No. 1638 are
hereby repealed and replaced by the following new provisions which shall
read as follows:

" Sec. 10. Forced Attrition of Officers. - Officers who were considered but
failed to qualify for promotion to the next higher grade on account of their own
fault, failure or negligence or who lack the individual merits required for
promotion shall be subsequently separated from the active service. Officers
with contractual service obligations who were recommended for separation on
account of their own fault, failure or negligence, shall be required to refund
the government the amount equivalent to the cost of training proportionate to
the remaining period to be served as stipulated in the training contract. The
following are the instances of forced attrition of officers:

(a) Attrition by Non-Promotion.-

(1) Deferment of promotion. - An officer in the grade of Second
Lieutenant/Ensign (PN) who is deferred once shall be separated in
the permanent grade he/she holds on the first day of the third
month after the President shall have approved the promotion of
officers recommended by the selection board which recommended
the deferment of such an officer for the first time.

(2) Twice Deferment of Promotion. - An officer in the grade of First
Lieutenant/Lieutenant Junior Grade (PN) to Lieutenant
Colonel/Commander (PN) who is deferred twice for promotion to
the next higher grade shall be separated in the permanent grade
he/she holds on the first day of the third month after the President
shall have approved the promotion of officers recommended by
the Selection Board which recommended the deferment of such


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officer for the second time. This subsection applies only to officers
in the primary zone of consideration because they were
considered or deliberated upon by the selection board but failed to
qualify for promotion to the next higher grade.

(3) Maximum Tenure-in-Grade for Officers. —

(i) General Officers. - The maximum tenure of officers in the
grades of General/Flag Officer in the AFP are hereby
prescribed as follows:

GRADE MAXIMUM TENURE-IN-GRADE
General/Admiral (0-10) Three (3) years
Lieutenant General/Vice- Three (3) years
Admiral (0-9)

Major General/Rear Three (3) years

Admiral (0-8) |
Brigadier Three (3) years |
General/Commodore (0-7)

Unless earlier separated, retired or promoted to the next higher
grade or occupying a position calling for the rank of higher
grade in the AFP Table of Organization, General/Flag Officers
shall be compulsorily retired upon either the attainment of the
maximum tenure-in-grade herein prescribed or the fixed tour of
duty prescribed in Section 2 of this Act, whichever comes
earlier. Any General/Flag Officer who is relieved from post and
is not designated to or occupying any position in the AFP Table
of Organization as funded in the General Appropriations Act
shall be deemed retired from the military service effective upon
relief.

(ii) Officers. - The maximum tenure of officers in the grades of
Captain, Major, Lieutenant Colonel, and Colonel or their
equivalent in the other services in the AFP are hereby
prescribed as follows:

GRADE MAXIMUM TENURE-IN-

a GRADE
Captain/Lieutenant (PN) Six (6) years
(0-3)
Major/Lieutenant Six (6) years
Commander (PN) (0-4)
Lieutenant Colonel/ Seven (7) years |
Commander (PN) (0-5)
Colonel/ Captain (PN) (0-6) Nine (9) years.



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(b) Low-Potentiality. - An officer referred to and found by the AFP
Efficiency and Separation Board not fit for retention, lacking leadership
skills, of doubtful integrity, or fails to demonstrate satisfactory
performance may be separated from the military service subject to the
approval of the President.

"Section 11. Forced Attrition of Enlisted Personnel. —

(a) Failure of Promotion. - An Enlisted Personnel who fails to qualify for
promotion to the next higher rank shall be recommended for evaluation
by the appropriate Promotion Board, subject to the provisions of the
implementing rules and regulations of this Act.

(b) Maximum Tenure-in-Grade for Enlisted Personnel. - An Enlisted
Personnel shall be separated in accordance with the provisions of
existing laws for failure to be promoted after having attained the
maximum allowable Active Cumulative Service for the present grade
except if occupying a position calling for a higher grade in the AFP
Table of Organization:

GRADE MAXIMUM TENURE-IN-
GRADE
E-10 Three (3) years
E-9 Three (3) years
E-8 Three (3) years
E7 Three (3) years
E6 Five (5) years
E-5 Five (5) years
E-4 Four (4) years.
E-3 Four (4) years |
E-2 Four (4) years
E-1 Four (4) years

(c) Low Potentiality. - An enlisted service member who is referred to and
found by the Enlisted Personnel Reenlistment Board not fit for
retention, complacent, lacking leadership skills, of doubtful integrity, or
fails to demonstrate outstanding performance may be separated from
the military service.

SECTION 11. Renumbering. - The succeeding sections of P.D. No. 1638, as
amended, are hereby renumbered accordingly.

SECTION 12. Attrition by Death, Disability, Sickness, or Sanctions. — Attrition in the
military service shall also apply to officers and enlisted personnel by reason of


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death, complete disability discharge, sickness, or sanctions as a result of
administrative or criminal cases.

SECTION 13. Separation or Retirement from the AFP. — Any service member of
the AFP shall be:

(a) separated, if one has rendered less than twenty (20) years of service, or

(b) retired, if one has rendered at least twenty (20) years of service unless the
concerned service member is disqualified by law to receive such benefits.

TITLE V.
GENERAL PROVISIONS

SECTION 14. Competitive Categories for Promotion. — Under regulations prescribed
by the Secretary of National Defense, the AFP shall establish competitive categories
for promotion. Each officer whose name appears on an active-duty list shall be
carried in a competitive category of officers. Officers in the same competitive
category shall compete among themselves for promotion.

SECTION 15. Officer Grade Distribution. - Section 1 of Republic Act 9188 is hereby
amended to read as follows:

“ SECTION. 1. Officer Grade Distribution. - The Secretary of National Defense shall
prescribe the authorized number of officers in the active force in each grade and in
each major, technical or administrative service and shall implement the gradual
decrease in the number of officers in each officer rank as part of, and in line with, the
Modernization Program of the Armed Forces: Provided, That effective one (1) year
after the approval of this Act, such number shall not exceed the number in each
grade authorized in the Table of Organization of units of the active force distributed
as follows: One per centum (1%) in the General/Flag Officer grade; six per centum
(6%) in the grade of Colonel/Captain (PN); twelve per centum (12%) in the grade of
Lieutenant Colonel/Commander (PN); eighteen per centum (18%) in the grade of
Major/Lieutenant Commander (PN); twenty per centum (20%) in the grade of
Captain/Lieutenant (PN), and forty-three per centum (43%) in the grades of First
Lieutenant/Lieutenant Junior Grade (PN) and Second Lieutenant/Ensign (PN):
Provided, further, That such distribution is based on the total officer strength
authorized for the AFP: Provided, furthermore, That the Table of Organization of
units of the active force shall be adjusted in accordance with their respective
missions and officer requirements, and shall be gradually decreased pursuant to this
section and such rules and regulations as the Secretary of National Defense shall
prescribe, subject to the condition that the schedule of percentage for each grade as
herein prescribed shall not be exceeded: Provided, furthermore, That in the
determination of the officer to enlisted personnel ratio, the mission requirement,
capabilities, scope of responsibility, technical nature of the position and task, and
equipment inventory of units shall be taken into consideration: Provided,


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furthermore, That considering the highly technical nature of the Air Force and the
Navy, they shall be allocated a higher officer to enlisted personnel ratio which shall
not exceed fifteen percent (15%) of the officer to enlisted personnel ratio allocated in
the Philippine Army: Provided, furthermore, That as far as practicable, officers in the
technical or administrative services such as, but not limited to, surgeon general,
chief dental service, and chief nurse may be eligible for promotion to general/flag
officer grade: Provided, furthermore, That the quota limitation provided herein shall
not apply in the promotion to general/flag rank of reserve officers in the inactive
service: Provided, finally, That if the actual number in a grade is less than the
number prescribed, the difference may be applied as an increase to the number
prescribed in a lower grade.”

SECTION 16. Officer Lineal List. -There shall be only one seniority lineal list for the
Officers of the Major Services and each of the Technical Services.

TITLE VI
MISCELLANEOUS PROVISIONS

SECTION 17. Appropriations. - The amount necessary for the effective
implementation of this Act shall be charged to the appropriations of the Department
of National Defense under the current General Appropriations Act. Thereafter, such
sum as may be necessary for its continued implementation shall be included in the
annual General Appropriations Act.

SECTION 18. Construction and Interpretation. - To protect state policy and public
interest as stated in Section 1 of this Act, this act shall be given a liberal construction
in favor of its provisions so as to further the accomplishment of its declared policies
in Section 1.

SECTION 19. Implementing Rules and Regulations. - The Department of National
Defense and Department of Budget and Management shall formulate the rules and
regulations necessary to implement the provisions of this Act within ninety (90) days
from its effectivity. Provided, That the IRR shall provide for a systematic transition to
the new retirement and separation system provided for under this Act.

SECTION 20. Separability Clause. — If any provision of this Act shall be declared
unconstitutional or inoperative, the other provisions not so affected shall remain in
force and effect.

SECTION 21. Repealing Clause. — All laws, degrees, executive orders, rules and
issuances or parts thereof inconsistent with this Act or the rules and regulations
promulgated pursuant thereto are hereby repealed, amended, or modified
accordingly.


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SECTION 22. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette and at least two (2) national newspapers of

general circulation.

Approved,