THIRTEENTH CONGRESS OF THE REPUBLIC 
1 
OF THE PHILIPPINES 
First Regular Session 
EXPLANATORY NOTE 
Many government objectives are subordinated to conformity to rules and 
regulations that hamper their realization. 
Programs of whatever nature, whether government or private, usually 
require a certain length of time to realize its goals. The person at the helm 
should thus enjoy a length of service - even better, a security of tenure - that 
would allow himlher adequate time to plan, test, execute matters to best achieve 
a desired end. This is even more imperative in the case of key government 
positions such as the Chief of Staff and the Major Service Commanders that 
constitute the core leadership of the AFP, whose tenure, though limited by the 
Constitution to three years, is even shortened by compulsory retirement laws. 
Such situation thus puts a damper on the selection of individuals for 
vacancies as the President's choices are limited to senior officers whose 
retirements draw near and thus casts a shadow on the President's action as 
being politically driven. 
With the positions in question being critical to the country's interests, it is 
perhaps only correct that the persons chosen to serve in such capacity be the 
best, not necessarily among the most senior, and enjoy a period of service that 
will allow him/her to implement programs and thus deliver on the objectives of the 
armed forces. 
This bill endeavors to shield the selection process for such positions from 
political and personal considerations, by ensuring that merit and fitness prevail. 
It also grants security of tenure to ensure continuity of programs and better, free 
from patronage, performance. 
With the foregoing considerations, the passage of this bill is earnestly 
* 
sought. 
Senator 


, 
THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
'04 
.]Ut -2 A8 40 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
S E N A T E  
AN ACT 
PRESCRIBING A FIXED TERM FOR THE CHIEF OF STAFF AND MAJOR 
SERVICE COMMANDERS OF THE ARMED FORCES OF THE PHILIPPINES 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the 
Section 1. Declaration of Policy. - It is hereby declared the policy of the 
State to give due recognition to the significance of the positions of the Chief of 
Staff and the Major Service Commanders of the Armed Forces of the Philippines. 
Section 2. Terms of Office. -The Chief of Staff of the Armed Forces of the 
Philippines shall have a fixed term of office of three (3) years, and the Major 
Service Commanders shall each have a fixed term of office of two (2) years. The 
terms shall commence on the date of appointment by the President. 
Philippines in Congress assembled: 
No extension of term shall be allowed, except for the position of Chief of 
Staff, which may be extended in cases of war or national emergencies as 
declared by Congress. 
When compulsory retirement age is reached before the end of term for 
any of the abovesaid positions, he shall be allowed to complete his term but shall 
be deemed compulsorily retired upon completion of the same. 
Section 3. Rules and Regulations. -The Department of National Defense 
shall formulate the rules and regulations necessary to implement the provisions 
of this Act. 
Section 4. Repealing Clause. - Section 4 of R. A. No. 8186, with respect 
to the maximum tenure in the position of Major Service Commanders, is hereby 
amended accordingly. 
All other issuances, laws, decrees, orders, rules and regulations, or parts 
thereof not consistent with this Act are hereby repealed or modified accordingly. 
Section 5. 
€ffectivity. - This Act shall take effect fifteen (15)"days 
following its publication in the Official Gazette or in at least two (2) newspapers of 
general circulation. 
Approved,