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EIGHTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES )
Second Regular Session 
)
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So "‘e^iLed*’1' 55
IS OATP:J^ug24 2020 n 
(f> time:. 9:00a.m.
by: 
sit
SENATE
S.B. No. 1785
woex
Introduced by Senator Richard J. Gordon
AN ACT
STRENGTHENING PROFESSIONALISM AND CONTINUITY OF 
POLICIES AND MODERNIZATION INITIATIVES OF THE ARMED 
FORCES OF THE PHILIPPINES BY PRESCRIBING FIXED TERMS 
FOR THE CHIEF-OF-STAFF AND OTHER KEY OFFICERS 
THEREOF, INCREASING THE MANDATORY AGE OF 
RETIREMENT OF MILITARY PERSONNEL, PROVIDING FOR A 
MORE EFFECTIVE ATTRITION SYSTEM, REPEALING SECTIONS 
10, 11 AND 12 PRESIDENTIAL DECREE NO. 1638, AS 
AMENDED, AND SECTIONS 3 AND 4 OF THE REPUBLIC ACT 
8186, AS AMENDED, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Section 3, Article II of the 1987 Philippine Constitution, in part, provides: 
"The Armed Forces of the Philippines is the protector of the people and the State. 
Its goal is to secure the sovereignty of the kate and the integrity of the national 
territory."
It cannot be denied that the continuity and stability in the leadership of 
the Armed Forces of the Philippines (AFP) is vital to the defense and security of 
our nation. The Chief of Staff of the AFP (CS-AFP), who currently also holds the 
position of the Chairman of the Joint Chiefs of Staff, is the highest military officer 
in the Armed Forces and commands all its elements—the Philippine Air Force, 
Army, and Navy.
Since 1987, there have been thirty-five (35) CS-AFP appointed with only 
an average period of service of one (1) year. This is extremely short compared to 
other Asian countries, such as Malaysia, Indonesia and Singapore, where the 
average years of service of their Military Chiefs or Commanders is reportedly at


three (3) to three and a half (3.5) years. Oftentimes, by the time an officer is 
qualified to be appointed, he/she is already in their fifties, nearing the 
compulsory retirement age, as such, the State is unable to maximize their years 
of experience and expertise in the service.
Thus, there seems to be a practice of a "revolving door" leadership in the 
AFP which in turn is inimical to public interest as it allows for political patronage 
and accommodation promotion, which favors personalities over the security and 
defense of our nation. Such practice must be prevented.
Persons at the helm of the AFP should be given ample time and security of 
tenure to develop, test, and implement effective reforms and meaningful long­
term plans and programs to strengthen and modernize the AFP. This is 
imperative not only for the CS-AFP, but also for other key officers of the AFP, 
namely: officers of the Joint Chiefs of Staff, which includes the Major Service 
Commanders, the Joint Forces Commanders of the Unified Commands, the 
Commandant of the Philippine Marine Corps, the Commander of the Special 
Operations Command, the Commander of Cyber Security Command, and the 
Superintendent of the Philippine Military Academy (PMA).
To ensure continuity in leadership and excellence in the Armed Forces, this 
bill proposes to:
1. 
Prescribe fixed terms for the following key officers:
a. 
3 years for the CS-AFP, Vice-Chair of the JCOS, Chiefs of the 
Philippine Army, Philippine Navy and Philippine Air Force, 
Commander of the Joint Forces Command, Commandant of the 
Philippine Marine Corps, Commander of the Special Operations 
Command and Commander of the Cyber Security Command
b. 
4 years for the Superintendent of PMA
2. 
Increase the age of compulsory retirement for military personnel; and
3. 
Enhance the promotion and attrition system in the AFP.
In view of the aforementioned, the passage of this bill is earnestly sought.
ORDON


i
Stf>-
EIGHTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES )
Second Regular Session 
)
[p:*- O
Ili3 HA TP! ^ Aug 24 2020
i fy 
Vt
1 TtnP- 9:00 a.m.
ECEI
E-FILED'
&y
SENATE 
S.B. No. 1785
Gitt
IMDEX.
Introduced by Senator Richard J. Gordon
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AN ACT
STRENGTHENING PROFESSIONALISM AND CONTINUITY OF 
POLICIES AND MODERNIZATION INITIATIVES OF THE ARMED 
FORCES OF THE PHILIPPINES BY PRESCRIBING FIXED TERMS 
THE CHIEF-OF-STAFF AND OTHER KEY OFFICERS THEREOF, 
INCREASING THE MANDATORY AGE OF RETIREMENT OF 
MILITARY PERSONNEL, PROVIDING FOR A MORE EFFECTIVE 
ATTRITION SYSTEM, REPEALING SECTIONS 10,11 AND 12 
PRESIDENTIAL DECREE NO. 1638, AS AMENDED, AND 
SECTIONS 3 AND 4 OF THE REPUBLIC ACT 8186, AS 
AMENDED, 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. — It is hereby declared the policy of 
the State that in the pursuit of modernization of the Armed Forces of the 
Philippines (AFP) to:
(a) 
Enhance professionalization in the organization by strengthening the 
merit system and allow the new leadership a longer period to 
implement reforms and institutionalize good policies that will redound 
to the improvement of the AFP;
(b) 
Promote the most qualified officers of general rank; and


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(c) Obviate revolving door accommodation promotions in order to 
successfuily create a new culture of excellence In leadership and 
accountability in the AFP.
Towards this end, the State shall:
(a) 
Fix the terms of the Chief of Staff and other officers holding key 
positions;
(b) 
Adjust the mandatory retirement age of military personnel of the AFP; 
and
(c) 
Ensure implementation of merit-based promotion and attrition system 
that will assure the Armed Forces of continuous pool of qualified and 
effective leaders.
TITLE II
TERMS OF OFFICE
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SEC. 2. Ten
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positions in the Al
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(3) years:
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(a)
The
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(b)
The
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(c)
The
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(d)
The
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(e)
The
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(0
The
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(g)
The
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(h)
The
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(i)
The
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0)
The
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The terms of office of the aforementioned officers shall commence on the
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date of the appointment by the President, regardless of the date of confirmation
29 
by the Commission on Appointments.
30 
The fixed term provided herein shall apply to the Chief of Staff and other
31 
key officers identified in this Section, as appointed by the President after the
32 
effectivity of this Act.


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The President, in his/her judgment, may recall a former Chief of Staff who
2 
retired from service in times of national emergency or war. Provided, that he/she
3 
has not reached the age of compulsory retirement under Section 5 of this Act.
4 
The President shall select from among the Vice Chairman of the Joint Chiefs
5 
of Staff, the Chief of the Army, the Chief of Navy, the Chief of the Air Force, or
6 
the Commandant of the Marine Corps; or the Joint Forces Commanders of the
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Unified Command he Joint Forces Commanders of the Unified Commands who, in
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the judgment of the President, is best qualified for the position of the Chief of
9 
Staff; Provided, that the President has the prerogative to waive the foregoing
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and select any officer from the grades of Major General/Rear Admiral and
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Lieutenant General/Vice Admiral if the President determines such action is
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necessary in the national interest.
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Except for the Chief of Staff, only officers with a minimum remaining active
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service of three (3) years are eligible to be appointed in the Joint Chiefs of Staff.
15 
Section 4 of Republic Act No. 8186 entitled "An Act Prescribing Officer
16 
Grade Distribution in the Active Force of the Armed Forces of the Philippines and
17 
Limiting the Tenure of Officers in the Grade of Colonel/Captain (PN) And
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General/Flag Officers in the AFP" (R.A. No. 8186) is hereby repealed.
19 
SEC. 3. Term of Office of Superintendent of the Phiiippine Miiitary
20 
Academy. - The Superintendent of the Philippine Military Academy shall have a
21 
fixed term of four (4) years. Provided, That, an officer eligible for appointment
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shall have a minimum remaining active service of four (4) years.
23 
SEC. 4. Prohibition on the Extension of Term of Office. - Except as
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provided for under Section 4 of this Act, no extension of term prescribed under
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this Title shall be allowed.
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SEC. 5. Extension of Term of the Chief of Staff of the AFP. -The tour of
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duty of the Chief of Staff of the AFP shall not exceed three years. However, in
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times of war or other national emergency declared by the Congress, the
29 
President may extend such tour of duty.
30 
When the officer appointed to the position of Chief of Staff reaches the age
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of compulsory retirement before the end of the three-year term as prescribed
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under Section 2 of this Act, such retirement shall be deferred until the
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completion of the prescribed three-year term. Provided, however. That the Chief
34 
of Staff may be removed by the President of the Philippines for loss of
35 
confidence at any time before the end of the term of three (3) years.


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TITLE III
COMPULSORY RETIREMENT
SEC. 6. 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, (P.D. No. 1638) is hereby repealed and replaced with a new provision 
which shall read as follows:
"Sec 5. (a) Compulsory retirement. -
(1) 
Enlisted Personnel. -
(i) 
Enlisted Personnel with the rank of Master Sergeant 
and below shall be compulsory retired upon 
attaining the age of fifty-six (56) with at least 
twenty years of active service, or upon 
accumulation of thirty (30) years of satisfactory 
active service, whichever is earlier.
(ii) 
Senior Non-Commissioned Officers with the rank of 
Senior Master Sergeant and above shall be 
compulsory retired by sixty-two (62) years of age.
(2) 
Commissioned Officers. - Upon attaining the age of sixty- 
five (65), an officer of the AFP shall be compulsory 
retired. Provided, however. That the compulsory 
retirement of the Chief of Staff, shall be deferred until the 
completion of his/her term as may be prescribed by law, 
which shall not be more than three (3) years in 
accordance with the Constitution.
TITLE IV
ATTRITION SYSTEM FOR THE PERSONNEL OF THE AFP
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SEC. 7. Definition of Terms. - As used in this Title, the following terms
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shall mean:
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(a) Active Duty - the service or duty in the regular force AFP.
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(b) Enlisted Personnel - the members of the AFP with the rank of
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Private, up to First Chief Master Sergeant, usually referred to as


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Non-Commissioned Officers upon reaching the rank of Corporal and
2 
above.
3 
(c) Forced Attrition - the mode of attrition wherein an officer or enlisted
4 
personnel, who having been considered for promotion to the next
5 
higher in grade, failed to qualify on account of his/her own fauit,
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faiiure or negligence or lack of individual merit.
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(d) Grade - the military rank of a commissioned officer or and enlisted
8 
personnel. Commissioned officers, from the lowest to highest, are:
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(1) Second Lleutenant/Ensign (PN);
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(2) First Lieutenant/ Lieutenant Junior Grade (PN);
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(3) Captain;/Lieutenant (PN);
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(4) Major Lieutenant Commander (PN);
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(5) Lieutenant Colonel/Commander (PN);
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(6) Colonel/Captain (PN);
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(7) Brigadier General/Commodore AFP;
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(8) Major General/Rear Admiral AFP;
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(9) Lieutenant General/Vice Admiral AFP; and
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(10) General/Admiral AFP.
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For enlisted personnel, from lowest to highest, they are:
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(1) Private,
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(2) Private First Class,
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(3) Corporal,
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(4) Sergeant,
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(5) Staff Sergeant,
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(6) Technical Sergeant,
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(7) Master Sergeant,
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(8) Senior Master Sergeant, and
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(9) Chief Master Sergeant
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(10) First Chief Master Sergeant
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or their equivalent in the Philippine Navy and Philippine Air Force.
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(e) Officers - the members of the AFP who are designated as leaders of
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platoon companies, battalions, AFP offices and so on, distinguished
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from the Enlisted Personnel.
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(f) Primacy Zone - the primary zone shall be composed of officers who
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are on promotable status in the uppermost portion of the promotion
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list equivalent to the number o f declared vacancies.


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(g) Service member - any active duty officer or enlisted personnel of
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the AFP.
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(h) 
Tenure-In-Grade - the allowable/maximum year given to an
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Officer/Enlisted Personnel in a certain grade/rank
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(i) 
Time-In—Grade. - the period of active commissioned service
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rendered by an officer/Enlisted Personnel in a certain grade/rank.
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SEC. 8. Forced Attrition. - Sections 10, 11 and 12 of P.D. No. 1638 is
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hereby repealed and replaced by the following new provisions which shall read
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as follows:
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"Sec. 10. Forced Attrition of Officers. - Officers who considered but 
failed to qualify for promotion to the next higher grade on account 
of their own fault, failure or negligence or who lack the Individual 
merits required for promotion shall be subsequently separated from 
the active service. Officers with contractual service obligations who 
were recommended for separation shall be required to refund the 
government the amount equivalent to the cost of training 
proportionate to the remaining period to be served as stipulated in 
the training contract. The following are the instances of forced 
attrition of officers:
(a) Attrition by Non-Promotion.-
(1) 
Deferment of promotion. - An officer in the grade of 
Second Lieutenant/Ensign (PN) who is deferred once 
shall be separated in the permanent grade he/she holds 
on the first day of the third month later after the 
President shall have approved the promotion of officers 
recommended by the selection board which 
recommended the deferment of such an officer for the 
first time.
(2) 
Twice Deferment of Promotion. - An officer in the grade 
of First Lieutenant/Lieutenant Junior Grade (PN) but 
below that of Colonel/Captain (PN) who is deferred twice 
for promotion to the same next higher grade shall be 
separated in the permanent grade he/she holds on the 
first day of the third month later after the President shall 
have approved the promotion of officers recommended 
by the Selection Board which recommended the


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deferment of such officer for the second time. This 
subsection applies only to officers in the primary zone of 
consideration because he/she was considered or 
deliberated upon by the selection board but failed to 
qualify for promotion to the next higher grade.
(3) Maximum Tenure-in-Grade for Officers. -
(i) Genera! 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
(ii) 
Unless earlier separated, retired or promoted to the 
next higher grade or occupying a position calling for the 
ranks of higher grade in the AFP Table of Organizations, 
Generals/Flag Officers shall be compulsorily retired upon 
the attainment of the maximum tenure-in-grade herein 
prescribed, except for the Chief of Staff of the AFP whose 
retirement shall be deferred until the completion of his/her 
term as may be prescribed by law, which shall not be more 
than three (3) years in accordance with the Constitution. 
Any general/flag officer who is relieved from post and is 
not designated to or occupying any position in the AFP 
Table of Organizations as funded in the General 
Appropriations Act shall be deemed retired from the 
military service effective upon relief.
(iii) 
Officers. - Officers in the permanent grades of 
Captain, Major, Lieutenant Colonel and Colonel, or their 
equivalent, shall be separated in accordance with the 
provisions of existing laws upon completing the following


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active commissioned tenure-in-grade or age, without being 
promoted to the next rank whichever is later:
Grade
Maximum
Tenure-In-Grade
Maximum
Age
Captain
Six (6) years
Thirty-three (33) 
years of age
Major
Six (6) years
Thirty-nine (39) 
years of age
Lieutenant
Colonel
Seven (7) years
Forty-six (46) 
years of age
Colonel
Nine (9) years
Fifty-two (52) 
years of age
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(a) 
Low-Potentiality. - An officer referred to and found by the 
AFP Efficiency and Separation Board not fit for retention, low 
potentiality, lacking leadership skills, doubtful integrity or fails to 
demonstrate satisfactory performance may be separated from the 
military service subject to the approval of the President."
"Section 11. Forced Attrition of Enlisted Personnel. -
(b) 
Failure of Promotion. - An Enlisted Personnel who fails to 
qualify for promotion to the next higher rank shall be recommended 
for evaluation by the appropriate Major Service Promotion Board to 
the Major Service Review and Evaluation Boards for determination 
of fitness to be retained in the service. The following are grounds 
for referral to the Major Service Review and Evaluation Board:
(1) Three (3) times successive failure of Promotional 
Examination within the present grade.
(2) Three (3) times successive failure of Physical Fitness Test 
within the present grade.
(3) Failure to be promoted and have attained the maximum 
Active Cumulative Service (ACS) for the present grade as 
may be prescribed by in the Implementing Rules and 
Regulations
(4) Received poor rating in the Performance Evaluation Report 
for two (2) consecutive rating periods.


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(c) Maximum Tenure-in-Grade for Enlisted Personnel. - Enlisted 
Personnel shall be separated in accordance with the provisions of 
existing laws for failure to be promoted after having attained the 
maximum allowable Active Cumulative Service (ACS) for the present 
grade except if occupying a position for a higher grade in the AFP 
Table of Organization:
GRADE
TIME-IN- GRADE
TENURE-IN-GRADE
E-10
-
3 years
E-9
-
4 years
E-8
3 years
5 years
E-7
6 years
8 years
E-6
5 years
7 years
E-5
4 years
6 years
E-4
3 years
5 years
E-3
3 years
5 years
E-2
3 years
4 years
E-1
3 years
4 years
(d) Low Potentiality. - An enlisted personnel who is referred to 
and found by the Enlisted Personnel Reenlistment Board not fit for 
retention, low potentiality, complacency, lack of leadership skills, 
doubtful integrity or fails to demonstrate outstanding performance 
may be separated from the military service."
SEC.9. Renumbering. - The succeeding sections of P.D. No. 1638, as 
amended, are hereby renumbered accordingly.
SEC. 10. Separation or Retirement from the AFP. — Any service member 
who is dismissed from the AFP pursuant to this Title shall be:
(a) separated, if one has rendered less than twenty (20) years of 
service, or


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(b) retired if one has rendered at least twenty (20) years of service
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unless the concerned service member is disqualified by law to
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receive such benefits.
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TITLE V
5 
GENERAL PROVISIONS
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SEC. 11. Competitive Categories for Promotion. - Under regulations
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prescribed by the Secretary of National Defense, the AFP shall establish
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competitive categories for promotion. Each officer whose name appears on an
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active-duty list shall be carried in a competitive category of officers. Officers in
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the same competitive category shall compete among themselves for promotion.
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In addition to existing laws and regulations, promotion to a higher rank by
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officers and enlisted personnel of the AFP shall be based on pure merit and
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fitness the determination of which shall include competitive examination to be
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conducted by the Department of National Defense. The candidates for
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promotion to the general ranks must have demonstrated a national strategic
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outlook, knowledge, or experience.
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SEC.12. Percentage of Generai Officers to AFP strength. — The percentage
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of General Officers to the AFP's total strength shall be point zero zero one per
20 
cent (0.001%).
21 
SEC. 13. Officer LineaiList. -There shall be only one seniority lineal list
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for the officers of the Major Services and each of the Technical Services.
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SEC. 14. Annuai Personnei Management Report. - The AFP Chief of Staff
24 
shall submit to the Department of National Defense an accurate, comprehensive
25 
and up-to-date Personnel Management Report (PMR), which shall include
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information on the number of military personnel, rank and place of designation,
27 
and list of attrited personnel, on an annual basis on or before the end of April of
28 
every year. Provided, That, the Secretary of National Defense shall furnish a
29 
copy of the Report to the Committee on National Defense and Security, Peace,
30 
Unification and Reconciliation of the Senate of the Philippines and the Committee
31 
on National Defense and Security of the House of Representatives. The PMR and
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any of the information contained therein shall be confidential in nature.
33 
SEC. 15. Prohibited Acts. - Any officer who, without authority, assigns
34 
service members any activity beyond his/her official duties or fails to render a
35 
true account of the disposition and assignment of any service member as
36 
required under Section 13 of this Act shall immediately face court martial
37 
proceedings.


1 
SEC. 16. Prohibited Appointment - A person may not be appointed as
2 
Secretary of National Defense within three (3) years after relief or retirement
3 
from active duty as a commissioned officer or a regular component of the armed
4 
forces.
5 
TITLE VI
6 
MISCELLANEOUS PROVISIONS
7
8 
SEC. 17. Appropriations. - The amount necessary for the effective
9 
implementation of this Act shall be charged to the appropriations of the
10 
Department of National Defense under the current General Appropriations Act.
11 
Thereafter, such sum as may be necessary for its continued implementation shall
12 
be included in the annual General Appropriations Act.
13 
SEC. 18. Impiementing Ruies and Reguiations. - The Department of
14 
National Defense shall formulate the rules and regulations necessary to
15 
implement the provisions of this Act and submit to the President within thirty (30)
16 
days from the effectivity of this Act..
17 
SEC 19. Separabiiity Ciause. -If any provision of this Act is declared
18 
unconstitutional, the same shall not affect the validity and effectivity of the other
19 
provisions thereof.
20 
SEC. 20. Repeaiing Ciause. - Sections 3 and 4 of Republic Act 8186 as
21 
amended. Sections 10 to 12 of the Presidential Decree No 1638, as amended are
22 
hereby repealed. All other laws, executive orders or issuances or any part
23 
thereof, which are inconsistent herewith, are hereby repealed or amended
24 
accordingly.
25 
Sec. 21. Effectivity. - This Act shall take effect fifteen (15) days after its
26 
publication in the Official Gazette and in at least two (2) newspapers of general
27 
circulation.
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Approved,