Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

EIGHTEENTH CONGRESS

First Regular Session
$3933
HOUSE BILL NO.

Introduced by REP. PROSPERO A. PICHAY, JR.

EXPLANATORY NOTE

The State duly recognizes the vigorous role of the military and uniformed services
personnel in providing security, ensuring public safety and promoting peace and order
‘among its citizens. That is why the government has invested much for the training and
development of these men and women in uniform.

The present system in the military and uniformed services personnel however, allows
retirement at age 56, an age that is considerably young. They are still very much able to
efficiently perform the duties of their positions, both physically and mentally. Moreover, they
can pass on their skills, knowledge and wisdom to their subordinates as they maximize their
years of experience and expertise in the service for a longer period of time.

This bill therefore provides retirement at age 65 for military personnel with the rank of
Brigadier General and up. While those with the rank of Colonel and below may opt to retire
at the age of 60. Equivalent ranks shall apply to the retirement age of the uniformed
services personnel.

In view of the aforementioned, the passage of this Bill is earnestly sought.

PROPEROX. PICHAY, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5233

Introduced by REP. PROSPERO A. PICHAY, JR.

AN ACT ADJUSTING THE RETIREMENT AGE OF THE MILITARY AND
UNIFORMED SERVICES PERSONNEL OF THE REPUBLIC OF THE
PHILIPPINES ACCORDING TO RANK, AMENDING FOR THE PURPOSE
SECTION 5 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, SECTION 39 OF REPUBLIC ACT NO.
6975, OTHERWISE KNOWN AS THE “DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT ACT OF 1990”, AND SECTION 17 OF REPUBLIC ACT NO. 9993,
OTHERWISE KNOWN AS THE “PHILIPPINE COASTGUARD LAW OF 2009”

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

ARTICLE |
Declaration of Policy

SECTION 1. Short Title - This Act shall be known as the “Military and Uniformed
Services Personnel Retirement Age Act of 2019”.

SECTION 2. 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 amended
to read as follows:

“Section 5(a) - Upon attaining ffy-six 466) Sixty (60) years of age for
those with the rank of Colonel and below, and Sixty Five (65) of age for
those with the rank of Brigadier General and up or upon accumulation of
thirty (30) years of satisfactory active service, whichever is later, an officer or
enlisted man shall be compulsorily retired; Provided, That such officer or
enlisted-man who shall have attained fifty-six 458) Sixty (60) or Sixty Five (65)
years of age with at least twenty (20) years of active service shall be allowed to
complete thirty (30) years of service but not beyond his sixtieth(60th} Sixty
fifth (65th) birthday; Provided, however, That such military personnel


compulsorily retiring by age shall have at least twenty (20) years of active
service: Provided, further, That the compulsory retirement of an officer serving
in a statutory position shall be deferred until completion of the tour of duty
prescribed by law; and, Provided, finally, That the active service of military
personnel may be extended by the President, if in his opinion, such continued
military service is for the good of the service."

SECTION 3. Compulsory retirement for Police, Fire and Jail Personnel — Section 39
of Republic Act No. 6975, otherwise known as the “Department of Interior and Local
Government Act of 1990" is hereby amended to read as follows:

“Section 39. Compulsory Retirement. - Compulsory retirement, for officer
and non-officer, shall be upon the attainment of age fifty-six-{56) Sixty (60)
years of age for those with the rank of Senior Superintendent and below,
and Sixty Five (65) of age for those with the rank of Chief Superintendent

SECTION 4. Compulsory Retirement for Coast Guard — Section 17 of Republic Act
No. 9993, otherwise known as the “Philippine Coastguard Law of 2009” is hereby
amended to read as follows:

“Section 17. Retirement. - Upon attaining fifty-six 56) Sixty (60) years of
age for those with the rank of Captain and below, and Sixty Five (65) of
age for those with the rank of Commodore and up or upon accumulation of
thirty (30) years of continuous satisfactory active service, whichever comes
later, a PCG officer or non-officer shall be compulsorily retired: Provided, That
said officer or non-officer shall have a minimum of twerty-20) twenty five (25)
years of active service. The retirement of non-uniformed personnel shall be
‘governed by Civil Service laws, rules and regulations,

SECTION 12. - Separability Clause. - If any provision of this Act is declared
unconstitutional and inoperative, the other provisions not so declared shall remain in
force and effect.

SECTION 13. Repealing Clause. — All laws, decrees, orders, rules and regulations or
parts thereof inconsistent with the Act or the rules and regulations promulgated
pursuant thereto are hereby repealed or amended accordingly.

SECTION 14. Effectivity Clause. - This Act shall take effect after fifteen (15) days

following its full publication in the Official Gazette or in at least two (2) newspapers of
general circulation

Approved,