1
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. ____ 
Introduced by CIBAC Party-List Representative 
HON. EDUARDO “BRO. EDDIE” C. 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 
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). 
October 24, 2022
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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  
 
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.  However, 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 
 
2 Figinski, Theodore F. Harvard Business Review, Research: Companies Are Less Likely to Hire Current Military Reservists, 
October 13, 2017, accessible at https://hbr.org/2017/10/research-companies-are-less-likely-to-hire-current-military-reservists 
(last accessed August 1, 2019). 
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. 


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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.  
An employer, regardless of size or number of employees, who 
violates the provisions of this Act is liable for a fine ranging from 
Php50,000.00 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. 
HON. EDUARDO “BRO. EDDIE” C. VILLANUEVA 


4
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. ____ 
Introduced by CIBAC Party-List Representative 
HON. EDUARDO “BRO. EDDIE” C. VILLANUEVA 
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 
1 
Philippines in Congress assembled: 
2 
3 
CHAPTER 1 
4 
GENERAL PROVISIONS 
5 
6 
SECTION 1. Short Title. – This Act shall be known as the “Reservist 
7 
Employment Rights Act.”  
8 
9 
SEC. 2. Declaration of Policy. – It is hereby declared the policy of the 
10 
State to: 
11 
12 
a)
Strengthen the Citizen Armed Forces or the Reserve Force of the
13 
Armed Forces of the Philippines (AFP) and recognize its role in the
14 
mission areas of the AFP and in national security;
15 
16 
b)
Protect the rights of reservists, and prevent and prohibit
17 
discrimination on the basis of rendering military service to the State;
18 
19 
c)
Encourage service in the AFP Reserve Force by eliminating or
20 
minimizing the disadvantages to civilian careers and employment
21 
which can result from rendering military service to the State; and
22 
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d) 
Ensure the observance of all employers of the rights of reservists 
1 
called to perform military service to the State. 
2 
 
3 
The prime duty of the State is to serve and protect the people. For 
4 
this reason, the State may call upon the people to defend the State, and 
5 
in fulfillment thereof, may require its citizens to render military or civil 
6 
service under conditions provided by law. 
7 
 
8 
SEC. 3. Coverage. – The provisions of this Act shall apply to all 
9 
employers, whether private or public, including all government agencies 
10 
and political subdivisions as well as government-owned or -controlled 
11 
corporations, non-government organizations, and other entities. 
12 
 
13 
SEC. 4. Definition of Terms. – As used in this Act, the following 
14 
terms shall mean: 
15 
 
16 
a) 
Active Duty Training refers to the compulsory or voluntary trainings 
17 
for reserve units and/or individual reservists provided by the AFP to 
18 
update their working knowledge in current military organization, 
19 
doctrines, and tactics, techniques and procedures (TTPs) in order to 
20 
maintain a desirable state of readiness, enable them to satisfy the 
21 
active service-in-grade required for promotion to higher grades, and 
22 
maintain a level of proficiency and competency for those reservists 
23 
designated as instructors in Reserved Officers’ Training Corp 
24 
(ROTC) and other reservist training programs; 
25 
 
26 
b) 
Auxiliary Service refers to the voluntary performance of a service by 
27 
a reservist for the purpose of helping maintain local peace and order, 
28 
meeting local insurgency and terror threats for intelligence 
29 
requirements, assisting in rescue and relief operations during 
30 
disasters and calamities, health welfare activities and participating in 
31 
local socioeconomic development projects; 
32 
 
33 
c) 
Citizen Soldier or Reservist refers to members of the Reserve 
34 
Force of the AFP, composed of the following:  
35 
 
36 
1) 
Graduates of the ROTC basic and advance courses and who 
37 
were issued orders as enlisted reservists or reserve officers of 
38 
the AFP; 
39 
 
40 
2) 
Graduates of authorized basic military training instructions who, 
41 
as a result thereof, were issued orders as enlisted reservists or 
42 
reserve officers; 
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1 
3) 
Ex-servicemen and retired officers of the AFP who have been 
2 
incorporated into the Reserve Force of the AFP; and 
3 
 
4 
4) 
Reservist officers and enlisted reservists including those 
5 
procured under existing laws and included in the present AFP 
6 
roster. 
7 
 
8 
There shall be three (3) categories of citizen soldiers or AFP 
9 
reservists based on age: the First Category Reserve, the Second 
10 
Category Reserve, and the Third Category Reserve, as defined 
11 
under Republic Act No. 7077, otherwise known as the “Citizen Armed 
12 
Force or Armed Forces of the Philippines Reservist Act.”  
13 
 
14 
Based on the categorization above, the Reserve Force units shall 
15 
further be classified into the Ready Reserve, the Standby Reserve, 
16 
and the Retired Reserve based on their operational readiness for 
17 
immediate deployment/utilization, and as defined under Republic Act 
18 
No. 7077. 
19 
 
20 
d) 
Employment refers to the act of hiring and continued engagement 
21 
and the reinstatement or reintegration of an employee called to 
22 
military service to his/her former position, or if not practicable, to a 
23 
substantially equivalent position, without loss of seniority rights and 
24 
diminution of pay; 
25 
 
26 
e) 
Military Service refers to any service rendered by a citizen soldier or 
27 
reservist to the State upon orders of the AFP or call to active duty 
28 
(CAD) to meet active-duty training (ADT) requirements, or for any 
29 
purpose that the AFP leadership may deem necessary in order to 
30 
augment and support the Regular Force operations in times of war, 
31 
national emergency or such other times as the national security 
32 
requires; 
33 
 
34 
f) 
Mobilization refers to the utilization of the Reserve Force of the AFP 
35 
in times of emergency to meet threats to national security; 
36 
 
37 
g) 
Reintegration refers to the actual resumption of work of an employee 
38 
after his/her military service to his/her former position, or if not 
39 
practicable, to a substantially equivalent position, without loss of 
40 
seniority rights and diminution of pay; and 
41 
 
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h) 
Reserve Force refers to those composing of members of the reserve 
1 
components of the AFP. 
2 
 
3 
CHAPTER 2 
4 
NON-DISCRIMINATION OF RESERVISTS 
5 
 
6 
SEC. 5. Anti-Reservists Discrimination. – 
7 
 
8 
a) 
It shall be unlawful for an employer, or those acting in the interest of 
9 
the employer to: 
10 
 
11 
1) 
Discriminate against an individual in terms of hiring, promotion, 
12 
opportunity for training, or compensation, terms and conditions, 
13 
or privileges of employment on account of such individual’s 
14 
membership, application for membership, performance of 
15 
military service or application for military service or obligation 
16 
with the Reserve Force of the AFP; 
17 
 
18 
2) 
Print or publish, or cause to be printed or published, in any form 
19 
of media, including the internet, any notice of advertisement 
20 
relating to employment suggesting preferences, limitations, 
21 
specifications, and discrimination based on membership, 
22 
application for membership, performance of military service, 
23 
application for military service or obligation with the Reserve 
24 
Force of the AFP; 
25 
 
26 
3) 
Require the declaration of application for membership, or status 
27 
of membership in the Reserve Force of the AFP; or 
28 
 
29 
4) 
Lay-off or impose early retirement on the basis of such 
30 
employee’s 
or 
worker’s 
membership, 
application 
for 
31 
membership, performance of military service, application for 
32 
military service or obligation with the Reserve Force of the AFP. 
33 
 
34 
b) 
It shall be unlawful for a private recruitment agency to refuse to refer 
35 
for employment or otherwise discriminate against any individual 
36 
because of such person’s membership, application for membership, 
37 
performance of military service, application for military service, or 
38 
obligation with the Reserve Force of the AFP. 
39 
 
40 
c) 
It shall be unlawful for any organization to cause or attempt to cause 
41 
an employer to discriminate against an individual in violation of this 
42 
Act, and to deny or exclude from its membership to any individual 
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because of such person’s membership, application for membership, 
1 
performance of military service, application for military service or 
2 
obligation with the Reserve Force of the AFP; 
3 
 
4 
d) 
It shall be unlawful for a publisher to print or publish any notice of 
5 
advertisement relating to employment suggesting preferences, 
6 
limitations, specifications, and discrimination based on a person’s 
7 
membership, application for membership, performance of military 
8 
service, application for military service or obligation with the Reserve 
9 
Force of the AFP. 
10 
 
11 
 
12 
CHAPTER 3 
13 
EMPLOYMENT RIGHTS 
14 
 
15 
SEC. 6. Employment Rights of Citizen Soldiers/Reservists. – 
16 
Reservists who are called to perform military service shall have the 
17 
following rights:  
18 
 
19 
a) 
Reservists are entitled to their original position, or if not practicable, 
20 
to a substantially equivalent position, without loss of seniority rights 
21 
and diminution of pay and benefits; 
22 
 
23 
b) 
Military service shall not be considered a break in the employment for 
24 
retirement purposes or for granting benefits provided for under the 
25 
Labor Code and other special laws; 
26 
 
27 
c) 
Reservists shall not be required to use or apply any earned or future 
28 
leave credits in connection with the performance of military service in 
29 
the Reserve Force; and 
30 
 
31 
d) 
Reservists who suffer any temporary or permanent disability due to 
32 
military service shall not be denied reinstatement, if such reservist-
33 
employee is willing and able to perform the essential functions of 
34 
his/her original employment, whether with or without reasonable 
35 
accommodations. 
36 
 
37 
SEC. 7. Hiring of Substitute Employee. – Subject to the provisions 
38 
of the Labor Code of the Philippines, as amended, an employer may hire 
39 
a temporary employee during the period of the military service of the 
40 
reservist employee called to render military service. 
41 
 
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SEC. 8. Duty of an Employer to Reintegrate a Reservist and 
1 
Conditions for Reintegration. – It shall be the duty of the employer to 
2 
immediately reintegrate a reservist returning from military service to 
3 
his/her former position, or if not practicable, to a substantially equivalent 
4 
position, without loss of seniority rights and diminution of benefits, 
5 
immediately after he/she is officially discharged from military service; 
6 
Provided, That the following conditions shall be complied with:  
7 
 
8 
a) 
The reservist has rendered or performed military service as a 
9 
member of the Reserve Force of the AFP;  
10 
 
11 
b) 
The employer has been given a written notice by the AFP or the 
12 
reservist at least fifteen (15) days prior to departing for military service 
13 
unless precluded by military necessity, or under all of the relevant 
14 
circumstances, the timely provision of notice is otherwise impossible 
15 
or unreasonable. The written notice shall, as far as practicable, 
16 
indicate the duration of military service and other relevant 
17 
information; and 
18 
 
19 
c) 
The reservist has notified the employer of his/her intent to return to 
20 
work in accordance with Section 9 hereof. 
21 
 
22 
For this purpose, the AFP shall issue and provide the pertinent notices 
23 
and documents to reservists and their employers in a timely manner to 
24 
facilitate the reintegration of the reservists to their employment. 
25 
 
26 
SEC. 9. Period to Notify of Intent to Return. – Reservists shall notify 
27 
their employers of their intent to return to work, subject to the following 
28 
circumstances and conditions: 
29 
 
30 
a) In the case of reservists called to military service for a definite period 
31 
and such period is clearly indicated in the call for active-duty training 
32 
or such other notice issued by the AFP, the employer shall be deemed 
33 
notified of the intent to return when furnished a copy of the pertinent 
34 
notice from the AFP prior to the absence of the reservist for military 
35 
service; 
36 
 
37 
b) In the case of reservists called to military service for an indefinite 
38 
period, and there is no clear indication of the period of service in the 
39 
notice or call issued by the AFP, the employer shall be deemed notified 
40 
of the intent to return when furnished a copy of the pertinent notice 
41 
from the AFP indicating the impending discharge of reservists at least 
42 
fifteen (15) days prior to the end of the military service; Provided, That 
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the reservists shall not be deemed ineligible when circumstances do 
1 
not permit the timely prior notification of absence due to military service 
2 
and/or intent to return of a reservist in compliance with this provision; 
3 
Provided further, That reservists who suffer from illness or injury 
4 
incurred in, or aggravated during, the performance of military service 
5 
shall be allowed to indicate their desire to return to their former position 
6 
within a reasonable time as prescribed by a military doctor; Provided, 
7 
finally, That the AFP shall ensure that its policies and administrative 
8 
processes, whenever practicable, allow for at least fifteen (15) days 
9 
prior notification to employers regarding the absence of reservists for 
10 
military service and their capacity and intent to return to their 
11 
employment. 
12 
 
13 
SEC. 10. Compensation for Non-Reintegration of Reservists. – In 
14 
the event that the reintegration of the reservist is impossible due to 
15 
authorized causes, the reservist shall be entitled to separation pay in 
16 
accordance with law. 
17 
 
18 
SEC. 11. Compensation of Reservists for Military Service. – For 
19 
the duration of their military service, reservists shall be entitled to the base 
20 
pay commensurate to their rank and consistent with their counterpart in 
21 
the regular force, including the payment of premium contributions to the 
22 
Government Service Insurance System (GSIS), Philippine Health 
23 
Insurance Corporation (PhilHealth) and Philippine Home Development 
24 
Corporation (PAGIBIG).   
25 
 
26 
As far as practicable and except as provided herein, all pertinent social 
27 
security contributions of the reservists shall not reflect any gap in 
28 
contributions. 
29 
 
30 
Reservists shall have the option to pay their Social Security System 
31 
(SSS) contributions as a voluntary paying SSS member to avoid any gap 
32 
in their contribution records and afford their full entitlement to SSS benefits 
33 
in accordance with existing guidelines. For this purpose, the AFP shall 
34 
establish the necessary administrative processes to assist reservists in 
35 
the timely remittance of pertinent social security contributions. 
36 
 
37 
SEC. 12. Multi-stakeholder Engagements and Advocacies. – The 
38 
AFP, in coordination with the Department of National Defense (DND), 
39 
Department of Labor and Employment (DOLE) and other relevant 
40 
agencies and stakeholders, shall undertake an information and 
41 
awareness campaign on the employment rights of reservists. 
42 
 
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SEC. 13. Administrative Fines and Penalties. – An employer who 
1 
violates the provisions of this Act shall be liable for a fine ranging from 
2 
Fifty Thousand Pesos (Php50,000.00) to Five Hundred Thousand Pesos 
3 
(Php500,000.00), or imprisonment ranging from three (3) months to two 
4 
(2) years, or both, at the discretion of the court. If the offense is committed 
5 
by a corporation, trust, firm, partnership or association or other entity, the 
6 
penalty of imprisonment shall be imposed upon the responsible officer or 
7 
officers of such corporation, trust, firm, partnership or association or entity. 
8 
 
9 
SEC. 14. Military Duty Leave. – A reservist shall be entitled to an 
10 
annual military duty leave of seven (7) days with pay for the exclusive 
11 
purpose of undergoing military training or joining military activities. For this 
12 
purpose, the SSS and the GSIS shall promulgate the necessary rules for 
13 
the availment of this benefit.   
14 
 
15 
 
16 
CHAPTER 4 
17 
FINAL PROVISIONS 
18 
 
19 
SEC. 15. Appropriations. – The amount necessary for the 
20 
immediate and effective implementation of this Act shall be charged 
21 
against the funds of the DND and the AFP. Thereafter, such sums as may 
22 
be necessary for the implementation of this Act shall be included in the 
23 
annual General Appropriations Act.  
24 
 
25 
SEC. 16. Implementing Rules and Regulations. – Within sixty 
26 
(60) days from the effectivity of this Act, the AFP, DND, DOLE, CSC, and 
27 
other appropriate government agencies, in consultation with relevant 
28 
stakeholders, shall promulgate the rules and regulations for the effective 
29 
implementation of this Act. 
30 
 
31 
 
SEC. 17. Separability Clause. – Should any provision herein be 
32 
declared unconstitutional or invalid, the same shall not affect the validity 
33 
of the other provisions of this Act. 
34 
 
35 
SEC. 18. Repealing Clause. – Section 32 of Republic Act No. 7077 
36 
and Items (f) and (g) of Presidential Decree No.183, Series of 1973 (or 
37 
“Providing For The Annual Registration Of Reservists Of The Armed 
38 
Forces Of The Philippines; Granting Security Of Tenure To Reservists 
39 
Employed In Private Firms While Undergoing Refresher Training, 
40 
Mobilization Or Assembly Tests Or Annual Active Duty Training In 
41 
Fulfillment Of Their Military Obligations; And For Other Purposes”) are 
42 
hereby repealed. 
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1 
All other laws, decrees, orders, rules, and regulations or other 
2 
issuances or parts inconsistent with the provisions of this Act are hereby 
3 
repealed or modified accordingly. 
4 
 
5 
SEC. 19. Effectivity Clause. – This Act shall take effect fifteen (15) 
6 
days after its publication in the Official Gazette or in two (2) newspapers 
7 
of general circulation. 
8 
 
9 
Approved, 
10