EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session
SENATE
S. No. 237G
7.1 SEP-1 P3 -08
(In Substitution of Senate Bill Nos. 1045, 1370 and 1785)
Prepared and submitted jointly by the Committees on National Defense and 
Security, Peace, Unification, and Reconciliation; Government Corporations and 
Public Enterprises; Ways and Means; and Finance, with Senators Pimentel, 
Pacquiao, Gordon, Lacson, Angara as authors thereof
3
4
5
6
7
8 
9
10 
11 
12
13
14
15
AN ACT
STRENGTHENING PROFESSIONALISM AND CONTINUITY OF 
POLICIES AND MODERNIZATION INITIATIVES OF THE ARMED 
FORCES OF THE PHILIPPINES, PROVIDING FUNDS THEREFOR, AND
FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled:
TITLE I
DECLARATION OF POLICY
SECTION. 1. Declaration of Policy. — In pursuit of modernization of 
the Armed Forces of the Philippines (AFP), it is hereby declared the policy of 
the State to:
(a) 
Enhance professionalization in the organization by strengthening 
the merit system, allow the new leadership a longer period to 
implement reforms, and institutionalize sound policies that will 
redound to the improvement of the AFP;
(b) 
Promote the most qualified officers to higher ranks;
(c) 
Obviate revolving door accommodation promotions to successfully 
create a new culture of excellence in leadership and accountability 
in the AFP; and.


1 
(d) Refine and improve the rules on retirement and commissionship,
2 
Towards this end, the State shall:
3 
(a) Fix the tour of duty of the Chief of Staff and other officers holding
4 
key positions;
5 
(b) Adjust the mandatory retirement age of Officers of the AFP;
6 
(c) Raise the age of commission of officers of the AFP;
7 
(d) Ensure implementation of merit-based promotion and attrition
8 
system that will assure the Armed Forces of a continuous pool of
9 
qualified and effective leaders; and,
10 
(e) Modify the Grade Distribution of Officers.
11 
TITLE II
12 
TOUR OF DUTY
13 
SEC. 2. Tour of Duty of Key Officers. -The following officers holding
14 
key positions in the AFP, upon appointment, shall have a fixed tour of duty of
15 
three (3) years:
16 
(a) Chief of Staff;
17 
(b) Vice Chief of Staff;
18 
(c) The Deputy Chief of Staff;
19 
(d) Commanding General, Philippine Army;
20 
(e) Commanding General, Philippine Air Force;
21 
(f) Flag Officer in Command, Philippine Navy;
22 
(g) Unified Command Commanders; and
23 
(h) Inspector General
24 
The tour of duty of the aforementioned officers shall commence on the date
25 
the appointment is signed and shall be for three (3) consecutive years unless
26 
sooner terminated by the President; Provided, That those mentioned in
27 
Section 2(b) to 2(h) shall not be eligible for any other position in the AFP
28 
unless promoted to the Chief of Staff.


1 
SEC. 3. Tour of Duty of the Superintendent of the Philippine Military
2 
Academy (PMA). - A General/Flag Officer of proven competence and
3 
academic excellence shall be appointed as Superintendent, Philippine Military
4 
Academy (PMA) and shall be exempt from the application of the maximum
5 
tenure-in-grade defined under this Act. The PMA Superintendent shall have
6 
the rank of Lieutenant General/Vice Admiral and be given a tour of duty of
7 
four (4) years unless sooner terminated by higher authority; Provided, That
8 
the PMA Superintendent shall not be eligible for any other position in the AFP
9 
and shall be compulsorily retired after completion of the fixed tour of duty or
10 
upon relief from office. Provided, Further, That no General/Flag Officer shall
11 
be appointed as PMA Superintendent if he/she is more than fifty-eight (58)
12 
years of age.
13 
SEC. 4. Prohibition on the Extension of Tour of Duty. - Except as
14 
provided for under Section 5 of this Act, no extension of tour of duty of the
15 
Key Officers mentioned in Sections 2 and 3 shall be allowed.
16 
SEC. 5. Tour of Duty of the Chief of Staff -The tour of duty of the
17 
Chief of Staff shall not exceed three (3) years. However, in times of war or
18 
other national emergency declared by Congress, the President may extend
19 
such tour of duty.
20
21
TITLE III 
RETIREMENT
22
SEC. 6. Compulsory Retirement for Military Personnel.
23 
(a) The following Officers of the AFP shall be compulsorily retired:
24
25
26
27
28
29
30
31
32
33
34
(1) Those in the grades of Second Lieutenant/Ensign (0-1) to 
Colonel/Captain (0-6), upon reaching the age of fifty-nine (59) or 
accumulation of thirty (30) years of satisfactory active duty, 
whichever comes earlier;
(2) Those in the grades of Brigadier General/Commodore (0-7) to 
Lieutenant General/Vice Admiral (0-9), upon reaching the age of 
fifty-nine (59) or the maximum tenure-in-grade as defined in this 
Act, whichever comes earlier;
(3) Those occupying a key position, as defined in Sec. 2 of this Act, 
upon completion of the fixed tour of duty regardless of age, unless 
promoted to Chief of Staff or who is relieved from post and is not


1 
designated to or occupying any position in the AFP Table of
2 
Organization; and,
3 
(4) Those commissioned under Presidential Decree No. 1908, and those
4 
appointed in the Corps of Professors upon reaching the age of sixty
5 
(60) or completion of twenty (20) years of satisfactory active duty,
6 
whichever comes later.
7 
(b) An enlisted personnel shall be compulsorily retired upon accumulation of
8 
at least thirty (30) years of satisfactory active duty or upon reaching the age
9 
of fifty-six (56) years old, whichever comes later.
10 
SEC. 7. Optional Retirement - Upon accumulation of at least twenty
11 
(20) years of satisfactory active duty, an officer or enlisted personnel may at
12 
his/her own request be retired from military service, subject to the approval
13 
of either the President, the Secretary of National Defense, or the AFP Chief of
14 
Staff, or Major Service Commander as appropriate, as provided for in the
15 
Implementing Rules and Regulations of this Act.
16 
SEC. 8. Retirement Grade. - Officers and enlisted personnel covered
17 
by this Act shall be retired in the permanent grade last held and received the
18 
benefits appurtenant thereto.
19 
TITLE IV
20 
ATTRITION SYSTEM FOR THE PERSONNEL OF THE AFP
21 
SEC. 9. Definition of Terms. - As used in this Act, the following terms
22 
shall mean:
23 
(a) Active Duty - the service or duty as a commissioned officer or
24 
enlisted personnel in the regular force of the AFP.
25 
(b) 
Enlisted Personnel - refer to members of the AFP with the rank
26 
of Private up to First Chief Master Sergeant or their equivalent in
27 
the other services.
28 
(c) 
Forced Attrition - is a mode of attrition wherein an officer or
29 
enlisted personnel, who after having been considered for
30 
promotion to the next higher grade, failed to qualify on account
31 
of his/her own fault, failure or negligence or lack of individual
32 
merit, or who has completed the maximum tenure-in-grade
33 
without being promoted, is subsequently separated or retired
34 
from military service.


1 
(d) 
Grade - the military rank of a commissioned officer and enlisted
2 
personnel. Commissioned officers, from the lowest to highest,
3 
are:
4 
(1) Second Lieutenant/Ensign (PN);
5 
(2) First Lieutenant/ Lieutenant Junior Grade (PN);
6 
(3) Captain;/Lieutenant (PN);
7 
(4) Major/Lieutenant Commander (PN);
8 
(5) Lieutenant Colonel/Commander (PN);
9 
(6) Colonel/Captain (PN);
10 
(7) Brigadier General/Commodore (PN);
11 
(8) Major General/Rear Admiral (PN);
12 
(9) Lieutenant General/Vice Admiral (PN); and
13 
(10) General/Admiral (PN).
14 
For enlisted personnel, from lowest to highest, are:
15 
(1) Private;
16 
(2) Private First Class;
17 
(3) Corporal;
18 
(4) Sergeant;
19 
(5) Staff Sergeant;
20 
(6) Technical Sergeant;
21 
(7) Master Sergeant;
22 
(8) Senior Master Sergeant;
23 
(9) Chief Master Sergeant; and
24 
(10) First Chief Master Sergeant
25 
or their equivalent in the Philippine Navy and Philippine Air Force.
26 
(e) 
Officers - refer to commissioned personnel in the regular force of
27 
the AFP.


1 
(f) 
Primary Zone - composed of officers who are on promotable
2 
status in the uppermost portion of the promotion list equivalent
3 
to the number of declared vacancies.
4 
(g) 
Procurement - the process of obtaining personnel through
5 
recruitment, selection, and appointment.
6 
(h) 
Tenure-In-Grade - the allowable/maximum year given to an
7 
Officer/Enlisted Personnel in a certain grade/rank.
8 
SEC. 10. Forced Attrition of Officers. - Officers who are subjected to
9 
forced attrition as defined in Sec. 9(c) of this Act shall be subsequently
10 
separated or retired from military service. In addition, officers with
11 
contractual service obligations who are recommended for separation on
12 
account of their own fault, failure or negligence, shall be required to refund
13 
the government the amount equivalent to the cost of training proportionate
14 
to the remaining period to be served as stipulated in the training contract.
15 
The following are the instances of forced attrition of officers:
16 
(a) Attrition by Non-Promotion.-
17 
(1) Deferment of Promotion. - An officer in the grade of
18 
Second Lieutenant/Ensign (PN) who is deferred once
19 
shall be separated in the permanent grade he/she
20 
holds on the first day of the third month after the
21 
President shall have approved the promotion of
22 
officers recommended by the Selection Board which
23 
recommended the deferment of such an officer for the
24 
first time.
25 
(2) Twice deferment of Promotion. - An officer in the
26 
grade of First Lieutenant/Lieutenant Junior Grade (PN)
27 
to Lieutenant Colonel/Commander (PN) who is
28 
deferred twice for promotion to the next higher grade
29 
shall be separated in the permanent grade he/she
30 
holds on the first day of the third month after the
31 
President shall have approved the promotion of
32 
officers recommended by the Selection Board which
33 
recommended the deferment of such officer for the
34 
second time. This subsection applies only to officers in
35 
the primary zone of consideration because they were
36 
considered or deliberated upon by the Selection Board


1
2
4
5
6
but failed to qualify for promotion to the next higher 
grade.
(b) Maximum Tenure-in-Grade for Officers. -
(1) General/Flag 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 Admiral 
(0-9)
Three (3) years
Major General/Rear Admiral 
(0-8)
Three (3) years
Brigadier General/Commodore 
(0-7)
Three (3) years
7
8 
9
10
(2) Officers. - The maximum tenure of officers in the 
grades of Colonel, Lieutenant Colonel, Major, and 
Captain, or their equivalent in the other services in the 
AFP are hereby prescribed as follows:
Grade
Maximum
Tenure-in-Grade
Colonel/Captain (PN)
(0-6)
Nine (9) years
Lieutenant Colonel/
Commander (PN)
(0-5)
Seven (7) years
Major/ Lieutenant Commander (PN) 
(0-4)
Six (6) years
Captain/ Lieutenant (PN)
(0-3)
Six (6) years


1
2
3
4
5
(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.
SEC. 11. Forced Attrition of Enlisted Personnel. -
1
8
9
10
11
12
13
14
15
16
17
18
19
20
(a) 
Failure of Promotion. - An Enlisted Personnel who fails to qualify 
or fails to satisfy any of the conditions for promotion to the next 
higher grade as determined by the appropriate Enlisted Personnel 
Promotion Board shall be referred to the concerned Review and 
Evaluation Board for evaluation and subsequent recommendation 
to the Major Service Commanders for attrition or retention. The 
grounds for referral shall be provided in the Implementing Rules 
and Regulations of this Act.
(b) 
Maximum Tenure-In-Grade for Enlisted Personnel. - An Enlisted 
Personnel shall be separated or retired in accordance with the 
provisions of existing laws for failure to be promoted after having 
attained the maximum allowable tenure 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
First Chief Master 
Sergeant 
(E-10)
Three (3) years
Chief Master Sergeant 
(E-9)
Three (3) years
Senior Master Sergeant 
(E-8)
Three (3) years
Master Sergeant 
(E-7)
Three (3) years
Technical Sergeant 
(E-6)
Five (5) years


Staff Sergeant 
(E-5)
Five (5) years
Sergeant
(E-4)
Four (4) years
Corporal
(E-3)
Four (4) years
Private First Class 
(E-2)
Four (4) years
Private
(E-1)
Four (4) years
1 
(c) Low Potentiality. - An enlisted personnel who is referred to and
2 
found by the Eniisted Personnel Reenlistment Board not fit for
3 
retention, complacent, lacking leadership skills, of doubtful
4 
integrity, or fails to demonstrate outstanding performance may
5 
be separated from the military service.
6 
SEC. 12. Separation or Retirement from the AFP. — Any officer or
7 
enlisted personnel who is removed from the AFP pursuant to this Title shall
8 
be:
9 
id) separated, if one has rendered less than twenty (20) years of
10 
satisfactory active duty and shall receive separation benefits
11 
pursuant to law, or
12 
{b) retired, if one has rendered at least twenty (20) years of
13 
satisfactory active duty and shall receive retirement benefits
14 
pursuant to law, unless the concerned service member is
15 
disqualified by law to receive such benefits.
16 
TITLE V
17 
PROCUREMENT OF OFFICERS/ENLISTED PERSONNEL AND
18 
GRADE DISTRIBUTION
19 
SEC. 13. Age Requirement for Commissionship. - Unless otherwise
20 
provided herein, ali officers appointed to the Regular Force shall have an
21 
initial appointment in the grade of Second Lieutenant (0-1) and shall not be
22 
less than twenty-one (21) but not more than twenty-eight (28) years old;
23 
Provided, That, The original appointment in the Nurse Corps and Medical


1 
Administrative Corps, and in the Dental Service and Veterinary Corps shall be
2 
in the grade of Second Lieutenant (0-1) and First Lieutenant (0-2),
3 
respectively, from among applicants who at the time of appointment shall be
4 
at least twenty-one (21) but not more than thirty (30) years old; Provided,
5 
Further, That those commissioned under Presidential Decree No. 1908,
6 
namely, the original appointments in the Judge Advocate General's Service,
7 
Medical Corps, and the Chaplain Service, and those appointed in the Corps of
8 
Professors shall be not less than twenty-five (25) but not more than forty (40)
9 
years old at the time of appointment and shall be in the grade of Captain (0-
10 
3).
11 
In accordance with this Act and other pertinent laws, rules and
12 
regulations, non-commissioned officers of the Regular Force of the Armed
13 
Forces of the Philippines, who have shown outstanding ability and have
14 
rendered exceptional service may be appointed in the grade of Second
15 
Lieutenant (0-1) in the Regular Force by the President upon recommendation
16 
of the Secretary of National Defense.
17 
SEC. 14. Age Requirement for Enlistment. - Enlisted personnel shall
18 
not be less than eighteen (18) nor more than twenty-six (26) years old at the
19 
time of enlistment. Provided, Thatthe AFP may offer special enlistment to an
20 
individual whose technical/skills qualification is highly desirable to the
21 
organization and who at the time of enlistment is not less than eighteen (18)
22 
nor more than thirty-five (35) years old.
23 
SEC. 15. Officer Grade Distribution. - The Secretary of National
24 
Defense shall prescribe the authorized number of officers in the active force
25 
in each grade and in each major, technical or administrative service and shall
26 
implement the gradual decrease in the number of officers in each officer rank
27 
as part of, and in line with, the Modernization Program of the Armed Forces:
28 
Provided, Thator\e (1) year after the approval of this Act, such number shall
29 
not exceed the number in each grade authorized in the Table of Organization
30 
of units of the active force distributed as follows:
31 
(1) One percent (1%) in the General/Flag Officer grade based on the
32 
total officer strength authorized for the AFP or zero point one per
33 
centum (0.1%) of the total troop strength authorized for the AFP,
34 
whichever is lower;
35 
(2) Six percent (6%) in the grade of Colonel/Captain (PN) based on the
36 
total officer strength authorized for the AFP;
10


1 
(3) Twelve percent (12%) in 
the grade of 
Lieutenant
2 
Colonel/Commander (PN) based on the 
total officer strength
3 
authorized for the AFP;
4 
(4) Eighteen percent (18%) in the grade of Major/Lieutenant
5 
Commander (PN) based on the total officer strength authorized for
6 
the AFP;
7 
(5) Twenty percent (20%) in the grade of Captain/Lieutenant (PN)
8 
based on the total officer strength authorized for the AFP; and,
9 
(6) Forty-three percent (43%) 
in the grades 
of First
10 
Lieutenant/Lieutenant Junior 
Grade 
(PN) and 
Second
11 
Lieutenant/Ensign (PN) based on the total 
officer strength
12 
authorized for the AFP.
13 
Provided, Further, That the Table of Organization of units of the active
14 
force shall be adjusted in accordance with their respective missions and
15 
officer 
requirements, and shall be gradually decreased pursuant to this
16 
section and such rules and regulations as the Secretary of National Defense
17 
shall prescribe, subject to the condition that the schedule of percentage for
18 
each grade as herein prescribed shall not be exceeded; Provided,
19 
furthermore. That \n the determination of the officer to enlisted personnel
20 
ratio, the mission requirement, capabilities, scope of responsibility, technical
21 
nature of the position and task, and equipment inventory of units shall be
22 
taken 
into consideration: Provided furthermore, That considering the
23 
highly technical nature of the Air Force and the Navy, they shall be allocated a
24 
higher officer to enlisted personnel ratio which shall not exceed fifteen
25 
percent (15%) of the officer to enlisted personnel ratio allocated in the
26 
Philippine Army: Provided furthermore. That as far as practicable, officers in
27 
the technical or administrative services such as, but not limited to, surgeon
28 
general, chief dental service and chief nurse may be eligible for promotion to
29 
general/flag officer grade: Provided, furthermore. That the quota limitation
30 
provided herein shall not apply in the promotion to General/Flag rank of
31 
reserve officers in the inactive service: Provided finaiiy. That \f the actual
32 
number in a grade is less than the number prescribed, the difference may be
33 
applied as an increase to the number prescribed in a lower grade.
34 
TITLE VI
35 
GENERAL PROVISIONS
36 
SEC. 16. Competitive Categories for Promotion. - Under regulations
37 
prescribed by the Secretary of National Defense, the AFP shall establish
11


1 
competitive categories for promotion. Each officer whose name appears on an
2 
active-duty list shall be carried in a competitive category of officers. Officers
3 
in the same competitive category shall compete among themselves for
4 
promotion.
5 
SEC. 17. Officer Lineal List - There shall be only one seniority lineal
6 
list for the officers of the Major Services and each of the Technical Services.
7 
SEC. 18. Prohibited Appointment - No retired or resigned military
8 
officer may be appointed as Secretary of National Defense within one (1) year
9 
from the date of his retirement or resignation.
10 
SEC. 19. Annual Personnel Management Report. - The AFP Chief of
11 
Staff shall submit to the Department of National Defense an accurate,
12 
comprehensive, and up-to-date Personnel Management Report, which shall
13 
include information on the number of military personnel, rank, place of
14 
designation, and list of attrited personnel, on an annual basis on or before the
15 
end of April of every year. Provided, That\he Secretary of National Defense
16 
shall furnish a copy of the report to the Committee on National Defense and
17 
Security, Peace, Unification, and Reconciliation of the Senate of the
18 
Philippines and the Committee on National Defense and Security of the House
19 
of Representatives. The Personnel Management Report and any information
20 
contained therein shall be confidential in nature.
21 
TITLE VII
22 
MISCELLANEOUS PROVISIONS
23 
SEC. 20. Appropriations. - The amount necessary for the effective
24 
implementation of this Act shall be charged to the appropriations of the
25 
Department of National Defense under the current General Appropriations Act.
26 
Thereafter, such sum as may be necessary for its continued implementation
27 
shall be included in the annual General Appropriations Act.
28 
SEC. 21. Construction and Interpretation. - To protect the state policy
29 
and public interest as stated in Section 1 of this Act, this Act shall be given a
30 
liberal construction in favor of its provisions so as to further the
31 
accomplishment of its declared policies.
32 
SEC. 22. Implementing Rules and Regulations. - The Department of
33 
National Defense shall formulate the rules and regulations necessary to
34 
implement the provisions of this Act within ninety (90) days from its
35 
effectivity. Provided, That the. IRR shall provide for a systematic, methodical.
12


1 
and efficient transition to the new retirement and separation system provided
2 
for under this Act based on the following basic principles:
3 
(a) The fixed tour of duty provided herein shall apply to
4 
General/Flag Officers appointed by the President after the
5 
effectivity of this Act; Provided, That incumbent officers
6 
occupying key positions shall be compulsorily retired pursuant
7 
to the provisions of Presidential Decree No. 1638, as amended
8 
unless said officer is appointed to the position of Chief of
9 
Staff;
10 
(b) The maximum tenure-in-grade shall only apply to officers and
11 
enlisted personnel promoted after the effectivity of this Act;
12 
(c) The transition system shall allow all officers and enlisted
13 
personnel an opportunity to compete for promotions and/or
14 
complete the requirements for retirement, as may be
15 
necessary; and,
16 
(d) The rules and regulations shall give full respect to the services
17 
of the officers and enlisted personnel and provide for
18 
adequate separation and/or retirement benefits as may be
19 
allowed by existing laws, rules, and regulations.
20 
SEC. 23. Separability Clause. - If any provision of this Act is declared
21 
unconstitutional, the same shall not affect the validity and effectivity of the
22 
other provisions thereof.
23 
SEC. 24. Repealing Clause. - Subject to the provisions of Section 22 of
24 
this Act, the following laws or provisions of laws are hereby repealed or
25 
amended:
26 
(a) Sections 3 and 4 of Republic Act No. 8186, as amended, which
27 
provides for the Maximum Tenure-In-Grade and Maximum Tenure
28 
in Position are hereby 
repealed;
29 
(b) Section 4 of Presidential Decree No. 1638, which deals with
30 
optional retirement is hereby amended;
31 
(c) Sections 5 (a) of Presidential Decree No. 1638, as amended by
32 
Presidential Decree No. 1650, which provides for the Compulsory
33 
Retirement for Military Personnel is hereby amended;
34 
(d) Sections 10,11, and 12 of Presidential Decree No. 1638 are hereby
35 
repealed;
13


1 
(e) Section 9 of Presidential Decree No. 1638, which provides for
2 
retirement in the next higher grade is hereby repealed;
3 
(f) Section 17 of Presidential Decree No. 1638, which provides for
4 
retirement benefits based on the next higher grade is hereby
5 
amended;
6 
(g) Section 1 of Republic Act No. 9188, with respect to Officer Grade
7 
Distribution is hereby amended;
8 
(h) Section 4(b) and (c) of Republic Act No. 291, as amended, which
9 
provides for the age of commissionship is hereby amended;
10 
(i) Section 27 of Commonwealth Act No. 1, which provides for the age
11 
of enlistment is hereby amended; and,
12 
(j) All laws, executive orders, or issuances, or any part thereof, which
13 
are inconsistent herewith, are hereby repealed, amended or
14 
modified accordingly.
15 
SEC. 25. Effectivity. - This Act shall take effect fifteen (15) days after its
16 
publication in the Official Gazette and in at least two (2) newspapers of
17 
general circulation.
Approved,
14