NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
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•22 JUL 14 «0 21
SENATE 
S. B. NO. 561
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Introduced by SENATOR JOEL VILLANUEVA
AN ACT STRENGTHENING THE EMPLOYMENT RIGHTS OF 
MEMBERS OF THE RESERVE FORCE OF THE ARMED 
FORCES OF THE PHILIPPINES AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Citizen soldiers or reservists play an integral role in defending the 
Philippines in times of war, armed conflicts and similar occurrences, and in 
providing assistance during natural disasters, among others.
For example, during the siege carried out by the Maute Group in Marawi 
City in 2017, two battalions from the military’s Reserve Force were mobilized to 
help thwart terrorism in the area. Aside from these, citizen soldiers also serve 
in the front lines during times of natural disasters and calamities. According to 
Brigadier General Marcelo Javier Jr., the Ready Reserves component of the 
Armed Forces of the Philippines are often mobilized first in times of disaster.1
Unfortunately, reservists often risk losing their civilian careers when they 
render military service. According to a study published in the Harvard Business 
Review, military reservists in the United States are 11% less likely to be called 
for a job interview. Accordingly, American employers find it challenging to hire 
or invest in military reservists due to the possibility that they might be called 
regularly, and will, thus, take long leaves from work to render military service.2
1 Zak Yuson, Rappler, On the front line: Volunteer troops in times of crisis. March 30, 2015, accessible at 
https://www.rappler.com/move-ph/issues/disasters/88416-reserve-force-disasters-zero-casualty (last accessed: 
August 1,2019).
2 Figinski, Theodore F. Harvard Business Review, Research: Companies Are Less Likely to Hire Current Military 
Reservists, October 13, 2017, accessible at https://hbr.orq/2017/10/research-companies-are-less-likelv-to-hire- 
current-militarv-reservists {last accessed August 1,2019).


In the Philippines, there is very little protection for reservists in terms of 
employment rights, such as payment of compensation and wages while in 
military service, prohibition against discrimination, rights of reservists upon 
returning to work,3 as well as payment of social security-related contributions 
while on military service.
Currently, Article 301 [286] of the Labor Code provides that the fulfillment 
by the employee of a military or civic duty shall not terminate employment, 
provided that he/she indicates his/her desire to resume work not later than one 
month from relief from military or civic duty. Meanwhile, item (f) of Presidential 
Decree No. 183 (Providing for the Annual Registration of Reservists of the 
Armed Forces of the Philippines; Granting Security of Tenure to Reservists 
Employed in Private Firms while Undergoing Refresher Training, Mobilization 
or Assembly Tests or Annual Active Duty Training in Fulfillment of their Military 
Obligations; and for Other Purposes) provides that an employee of a 
commercial, industrial or agricultural firm with an annual gross volume of not 
less than Php250,000 and with a personnel force of at least 20 employees, who 
is called to refresher training, active duty or mobilization or assembly test, shall 
not lose his position or suffer any loss of pay due to his absence in the fulfillment 
of his military obligation. This rule is substantially reiterated in Section 32 of 
Republic Act No. 7077, otherwise known as Citizen Armed Forces of the 
Philippines Reservist Act, which provides that employees who are called to 
active military training shall not be separated from his/her employment, and 
shall not be considered as having forfeited his/her seniority right. Flowever, 
Republic Act No. 7077 provided for a higher monthly operating volume of not 
less than Php300,000.00.
This bill seeks to strengthen the employment protection rights of 
reservists to ensure that they will not be adversely affected by their affiliation 
with and service to the military as members of the Reserve Force of the Armed 
Forces of the Philippines (AFP).
First, it strictly prohibits discrimination in terms of employment, 
admission to any organization and referral to employment opportunities on 
account of one’s membership, application for membership, performance of 
military service, application for military service or obligation with the Reserve 
Force of the AFP. Second, this bill also clarifies that military service shall not 
be considered a break in the service of an employee-reservist, and he/she shall 
be entitled to reintegration, without loss of seniority rights and diminution of pay 
upon his/her discharge from service or training. Third, this bill provides that 
reservists rendering military service are entitled to compensation 
commensurate to their rank and consistent with the compensation being 
received by their counterparts in the regular force, including the payment of 
premium contributions to the Government Service Insurance System (GSIS), 
Philippine Health Insurance Corporation (PhilHealth) and Philippine Home 
Development Corporation (PAG-IBIG). They also have the option to voluntarily 
pay their contributions to the Social Security System during this time.
3 Transcripts of the Senate Hearing on the rights of reservists under the Committee on Labor and Human Development 
on December 18, 2017. At p. 32.


An employer, regardless of size or number of employees, who violates 
the provisions of this Act is liable for a fine ranging from PhpSO,000.00 to 
Php500,000.00, or imprisonment ranging from three months to two years, or 
both, at the discretion of the court.
Indeed, the Filipino people owe these brave men and women for the 
tremendous sacrifices they are willing to make for the country. Protecting their 
rights to just compensation and job security is the least we can do.
The immediate passage of this bill is earnestly sought.
SENATOR JOEL VILLANUEVA


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
as'tiuiu-
of the ^u ca tit rj)
‘22 JUL 14 AIO 21
SENATE 
S. B. NO. 561
m»VEOBV:
Introduced by SENATOR JOEL VILLANUEVA
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AN ACT STRENGTHENING THE EMPLOYMENT RIGHTS OF 
MEMBERS OF THE RESERVE FORCE OF THE ARMED FORCES OF 
THE PHILIPPINES AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
CHAPTER 1
GENERAL PROVISIONS
SECTION 1. Short Title. - This Act shall be known as the “Reservist 
Employment Rights Act.”
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to:
a) Strengthen the Citizen Armed Forces or the Reserve Force of the Armed 
Forces of the Philippines (AFP) and recognize its role in the mission areas 
of the AFP and in national security:
b) 
Protect the rights of reservists, and prevent and prohibit discrimination on 
the basis of rendering military service to the State;
c) 
Encourage service in the AFP Reserve Force by eliminating or minimizing 
the disadvantages to civilian careers and employment which can result 
from rendering military service to the State; and
d) 
Ensure the observance of all employers of the rights of reservists called 
to perform military service to the State.
The prime duty of the State is to serve and protect the people. For this reason, 
the State may call upon the people to defend the State, and in fulfillment thereof,


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may require its citizens to render military or civil service under conditions 
provided by law.
SEC. 3. Coverage. - The provisions of this Act shall apply to all employers, 
whether private or public, including all government agencies and political 
subdivisions as well as government-owned or -controlled corporations, non­
government organizations, and other entities.
SEC. 4. Definition of Terms.
mean:
As used in this Act, the following terms shall
a) 
Active Duty Training refers to the compulsory or voluntary trainings for 
reserve units and/or individual reservists provided by the AFP to update 
their working knowledge in current military organization, doctrines, and 
tactics, techniques and procedures (TTPs) in order to maintain a desirable 
state of readiness, enable them to satisfy the active service-in-grade 
required for promotion to higher grades, and maintain a level of proficiency 
and competency for those reservists designated as instructors in 
Reserved Officers’ Training Corp (ROTC) and other reservist training 
programs:
b) 
Auxiliary Service refers to the voluntary performance of a service by a 
reservist for the purpose of helping maintain local peace and order, 
meeting local insurgency and terror threats for intelligence requirements, 
assisting in rescue and relief operations during disasters and calamities, 
health welfare activities and participating in local socioeconomic 
development projects;
c) 
Citizen Soldier or Reservist refers to members of the Reserve Force of 
the AFP, composed of the following:
1) 
Graduates of the ROTC basic and advance courses and who were 
issued orders as enlisted reservists or reserve officers of the AFP;
2) 
Graduates of authorized basic military training instructions who, as 
a result thereof, were issued orders as enlisted reservists or reserve 
officers:
3) 
Ex-servicemen and retired officers of the AFP who have been 
incorporated into the Reserve Force of the AFP; and
4) 
Reservist officers and enlisted reservists including those procured 
under existing laws and included in the present AFP roster.
There shall be three (3) categories of citizen soldiers or AFP reservists 
based on age: the First Category Reserve, the Second Category Reserve, 
and the Third Category Reserve, as defined under Republic Act No. 7077, 
otherwise known as the “Citizen Armed Force or Armed Forces of the 
Philippines Reservist Act.”


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Based on the categorization above, the Reserve Force units shall further 
be classified into the Ready Reserve, the Standby Reserve, and the 
Retired Reserve based on their operational readiness for immediate 
deployment/utilization, and as defined under Republic Act No. 7077.
d) 
Employment refers to the act of hiring and continued engagement and 
the reinstatement or reintegration of an employee called to military service 
to his/her former position, or if not practicable, to a substantially equivalent 
position, without loss of seniority rights and diminution of pay;
e) 
IVlilitary Service refers to any service rendered by a citizen soldier or 
reservist to the State upon orders of the AFP or call to active duty (CAD) 
to meet active-duty training (ADT) requirements, or for any purpose that 
the AFP leadership may deem necessary in order to augment and support 
the Regular Force operations in times of war, national emergency or such 
other times as the national security requires;
f) 
IVlobilization refers to the utilization of the Reserve Force of the AFP in 
times of emergency to meet threats to national security;
g) 
Reintegration refers to the actual resumption of work of an employee 
after his/her military service to his/her former position, or if not practicable, 
to a substantially equivalent position, without loss of seniority rights and 
diminution of pay; and
h) 
Reserve Force refers to those composing of members of the reserve 
components of the AFP.
CHAPTER 2
NON-DISCRIMINATION OF RESERVISTS
SEC. 5. Anti-Reservists Discrimination. —
a) It shall be unlawful for an employer, or those acting in the interest of the 
employer to:
1) 
Discriminate against an individual in terms of hiring, promotion, 
opportunity for training, or compensation, terms and conditions, or 
privileges of employment on account of such individual’s 
membership, application for membership, performance of military 
service or application for military service or obligation with the 
Reserve Force of the AFP;
2) 
Print or publish, or cause to be printed or published, in any form of 
media, including the internet, any notice of advertisement relating to 
employment suggesting preferences, limitations, specifications, and 
discrimination based on membership, application for membership, 
performance of military service, application for military service or 
obligation with the Reserve Force of the AFP;


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3) 
Require the declaration of application for membership, or status of 
membership in the Reserve Force of the AFP; or
4) 
Lay-off or impose early retirement on the basis of such employee’s 
or worker’s membership, application for membership, performance 
of military service, application for military service or obligation with 
the Reserve Force of the AFP.
b) 
It shall be unlawful for a private recruitment agency to refuse to refer for 
employment or otherwise discriminate against any individual because of 
such person’s membership, application for membership, performance of 
military service, application for military service, or obligation with the 
Reserve Force of the AFP.
c) 
It shall be unlawful for any organization to cause or attempt to cause an 
employer to discriminate against an individual in violation of this Act, and 
to deny or exclude from its membership to any individual because of such 
person’s membership, application for membership, performance of 
military service, application for military service or obligation with the 
Reserve Force of the AFP;
d) 
It shall be unlawful for a publisher to print or publish any notice of 
advertisement relating to employment suggesting preferences, limitations, 
specifications, and discrimination based on a person’s membership, 
application for membership, performance of military service, application 
for military service or obligation with the Reserve Force of the AFP.
CHAPTER 3 
EMPLOYMENT RIGHTS
SEC. 6. Employment Rights of Citizen Soldiers/Reservists. - Reservists
who are called to perform military service shall have the following rights:
a) 
Reservists are entitled to their original position, or if not practicable, to a 
substantially equivalent position, without loss of seniority rights and 
diminution of pay and benefits;
b) 
Military service shall not be considered a break in the employment for 
retirement purposes or for granting benefits provided for under the Labor 
Code and other special laws;
c) 
Reservists shall not be required to use or apply any earned or future leave 
credits in connection with the performance of military service in the 
Reserve Force; and
d) 
Reservists who suffer any temporary or permanent disability due to 
military service shall not be denied reinstatement, if such reservist- 
employee is willing and able to perform the essential functions of his/her


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original employment, 
accommodations.
whether with or without reasonable
SEC. 7. Hiring of Substitute Employee. — Subject to the provisions of the 
Labor Code of the Philippines, as amended, an employer may hire a temporary 
employee during the period of the military service of the reservist employee 
called to render military service.
SEC. 8. Duty of an Employer to Reintegrate a Reservist and Conditions
for Reintegration. - It shall be the duty of the employer to immediately 
reintegrate a reservist returning from military service to his/her former position, 
or if not practicable, to a substantially equivalent position, without loss of 
seniority rights and diminution of benefits, immediately after he/she is officially 
discharged from military service; Provided, That the following conditions shall 
be complied with:
a) 
The reservist has rendered or performed military service as a member of 
the Reserve Force of the AFP;
b) 
The employer has been given a written notice by the AFP or the reservist 
at least fifteen (15) days prior to departing for military service unless 
precluded by military necessity, or under all of the relevant circumstances, 
the timely provision of notice is otherwise impossible or unreasonable. 
The written notice shall, as far as practicable, indicate the duration of 
military service and other relevant information; and
c) 
The reservist has notified the employer of his/her intent to return to work 
in accordance with Section 9 hereof.
For this purpose, the AFP shall issue and provide the pertinent notices and 
documents to reservists and their employers in a timely manner to facilitate the 
reintegration of the reservists to their employment.
SEC. 9. Period to Notify of Intent to Return. - Reservists shall notify their 
employers of their intent to return to work, subject to the following 
circumstances and conditions:
a) 
In the case of reservists called to military service for a definite period and 
such period is clearly indicated in the call for active-duty training or such 
other notice issued by the AFP, the employer shall be deemed notified of 
the intent to return when furnished a copy of the pertinent notice from the 
AFP prior to the absence of the reservist for military service;
b) 
In the case of reservists called to military service for an indefinite period, 
and there is no clear indication of the period of service in the notice or call 
issued by the AFP, the employer shall be deemed notified of the intent to 
return when furnished a copy of the pertinent notice from the AFP indicating 
the impending discharge of reservists at least fifteen (15) days prior to the 
end of the military service; Provided, That the reservists shall not be 
deemed ineligible when circumstances do not permit the timely prior


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notification of absence due to military service and/or intent to return of a 
reservist in compliance with this provision: Provided further, That reservists 
who suffer from illness or injury incurred in, or aggravated during, the 
performance of military service shall be allowed to indicate their desire to 
return to their former position within a reasonable time as prescribed by a 
military doctor; Provided, finally. That the AFP shall ensure that its policies 
and administrative processes, whenever practicable, allow for at least 
fifteen (15) days prior notification to employers regarding the absence of 
reservists for military service and their capacity and intent to return to their 
employment.
SEC. 10. Compensation for Non-Reintegration of Reservists. - In the event 
that the reintegration of the reservist is impossible due to authorized causes, 
the reservist shall be entitled to separation pay in accordance with law.
SEC. 11. Compensation of Reservists for Military Service. - For the
duration of their military service, reservists shall be entitled to the base pay 
commensurate to their rank and consistent with their counterpart in the regular 
force, including the payment of premium contributions to the Government 
Service Insurance System (GSIS), Philippine Health Insurance Corporation 
(PhilHealth) and Philippine Home Development Corporation (PAGIBIG).
As far as practicable and except as provided herein, all pertinent social security 
contributions of the reservists shall not reflect any gap in contributions.
Reservists shall have the option to pay their Social Security System (SSS) 
contributions as a voluntary paying SSS member to avoid any gap in their 
contribution records and afford their full entitlement to SSS benefits in 
accordance with existing guidelines. For this purpose, the AFP shall establish 
the necessary administrative processes to assist reservists in the timely 
remittance of pertinent social security contributions.
SEC. 12. Multi-stakeholder Engagements and Advocacies. - The AFP, in 
coordination with the Department of National Defense (DND), Department of 
Labor and Employment (DOLE) and other relevant agencies and stakeholders, 
shall undertake an information and awareness campaign on the employment 
rights of reservists.
SEC. 13. Administrative Fines and Penalties. - An employer who violates 
the provisions of this Act shall be liable for a fine ranging from Fifty Thousand 
Pesos (Php50,000.00) to Five Hundred Thousand Pesos (PhpSOO,000.00), or 
imprisonment ranging from three (3) months to two (2) years, or both, at the 
discretion of the court. If the offense is committed by a corporation, trust, firm, 
partnership or association or other entity, the penalty of imprisonment shall be 
imposed upon the responsible officer or officers of such corporation, trust, firm, 
partnership or association or entity.
SEC. 14. Military Duty Leave. - A reservist shall be entitled to an annual 
military duty leave of seven (7) days with pay for the exclusive purpose of 
undergoing military training or joining military activities. For this purpose, the


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SSS and the GSIS shall promulgate the necessary rules for the availment of 
this benefit.
CHAPTER 4 
FINAL PROVISIONS
SEC. 15. Appropriations. - The amount necessary for the immediate and 
effective implementation of this Act shall be charged against the funds of the 
DND and the AFP. Thereafter, such sums as may be necessary for the 
implementation of this Act shall be included in the annual General 
Appropriations Act.
SEC. 16. Implementing Rules and Regulations. - Within sixty (60) days from 
the effectivity of this Act, the AFP, DND, DOLE, CSC, and other appropriate 
government agencies, in consultation with relevant stakeholders, shall 
promulgate the rules and regulations for the effective implementation of this 
Act.
SEC. 17. Separability Clause. - Should any provision herein be declared 
unconstitutional or invalid, the same shall not affect the validity of the other 
provisions of this Act.
SEC. 18. Repealing Clause. - Section 32 of Republic Act No. 7077 and Items 
(f) and (g) of Presidential Decree No. 183, Series of 1973 (or “Providing For The 
Annual Registration Of Reservists Of The Armed Forces Of The Philippines; 
Granting Security Of Tenure To Reservists Employed In Private Firms While 
Undergoing Refresher Training, Mobilization Or Assembly Tests Or Annual 
Active Duty Training In Fulfillment Of Their Military Obligations; And For Other 
Purposes”) are hereby repealed.
All other laws, decrees, orders, rules, and regulations or other issuances or 
parts inconsistent with the provisions of this Act are hereby repealed or modified 
accordingly.
SEC. 19. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
its publication in the Official Gazette or in two (2) newspapers of general 
circulation.
Approved,