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Constitution Hills, Quezon Cily ——

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SEVENTEENTH CONGRES$ iis AND INDEX SERVICE
First Regular Session

HOUSE BILL NO. 3402

Introduced by: Representative JOHNNY T. PIMENTEL

EXPLANATORY NOTE

Realization of programs require a certain length of time before they are fully
implemented. The person in charge thus needs to hold the appropriate length
of service to adequately plan, test and execute his programs. This is the case
for crucial government position of the Chief of Staff of the Armed Forces of
the Philippines.

The tenure for the said position is limited by the Constitution to three years
It is further shorted by the compulsory retirement age which requires AFP
personnel to retire at age 56.

It must be noted that a soldier still stands at the prime of his life at such age
and is still very much capable of rendering his expertise in the interest of the
nation. Furthermore, such situation also delimits the President’s choices to
fill in vacancies in the Armed Forces with senior officers whose dates of
retirements are forthcoming.

With the position being critical to the country’s national interest, public policy
requires that the person who should occupy the post must be in one’s best
qualified capacity. A term of service must serve to allow the Chief of State to
take up leadership in the Armed Forces unhampered by imminent retirement
and change of officers. This Bills creates a venue for the implementation of
long-term and continuous programs of the AFP.

‘The approval of this Bill is earnestly sought.
REP. = /



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
First Regular Session

3402

HOUSE BILL NO.

Introduced by: Representative JOHNNY T. PIMENTEL

AN ACT
PRESCRIBING A FIXED TERM FOR THE CHIEF OF STAFF OF THE
ARMED FORCES OF THE PHILIPPINES AND FOR OTHER PURPOSES

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

SECTION 1. Declaration of Policy - It is the declared policy of the State to
give due recognition to the significance of the position of the Chief of Staff of
the Armed Forces of the Philippines (AFP) in order to promote the stability of
the AFP as an institution thereby enabling it to perform its constitutional
mandate.

SECTION 2. Term of Office of the Chief of Staff. - The Chief of Staff of the
AFP shall have a fixed term of office of three (3) years. The term shall
commence on the date of appointment by the President, regardless of the date
of confirmation by the Commission on Appointments. Provided, That no
officer shall be appointed Chief of Staff if the said officer has one (1) year
remaining in the active service. Provided further, Than no extension of term
shall be allowed, except in cases of war or national emergencies as Congress
may declare.

When the officer appointed to the position of Chief of Staff reaches the
compulsory retirement age before the end of the three-year term, the
statutory compulsory retirement of the Chief of Staff shall be deferred until
the completion of the prescribed three-year term. Provided however, That the


Chief of Staff may be removed by the President as the Commander in Chief
for loss of confidence at any time before the end of the three (3) - year term.

The fixed term provided herein shall apply to the Chiefs of Staff appointed by
the President after the effectivity of this Act.

The President shall select from among the officers in the grades of Major
General/Rear Admiral to Lieutenant General/Vice Admiral the officer who, in
the judgment of the President, is best qualified for the position of Chief of
Staff.

SECTION 3. Rules and Regulations. - The Secretary of National Defense
shall formulate the ruels and regulations necessary to implement the
provisions of this Act.

SECTION 4. Repealing 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 the Act is hereby repealed,
modified or amended accordingly.

SECTION 5. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) national newspapers
of general circulation.

Approved,