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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR., 
HON. MIGUEL LUIS R. VILLAFUERTE, HON. TSUYOSHI ANTHONY G. 
HORIBATA AND HON. NICOLAS ENCISO VIII 
EXPLANATORY NOTE 
It is the principal duty of the Government to serve and protect its people. Alongside 
this, Section 2 of Republic Act 7077, otherwise known as the "Citizen Armed Force or 
Armed Forces of the Philippines Reservist Act” mentions that it is the policy of the State 
to maintain a standing or regular military force in times of peace consonant to its 
adequate and actual needs for the security of the State but which can be rapidly 
expanded by the well-disciplined Citizen Armed Force in the event of war, invasion or 
rebellion. 
This bill aims to strengthen the employment rights of the members of the citizen armed 
forces or the reserve force of the armed forces of the Philippines by ensuring their 
security of tenure and instituting programs that would protect them from any form of 
discrimination. 
We have seen in the past months how the country’s military service has played a key 
role in implementing COVID-19 control measures in the Philippines. In order to support 
the government in managing the outbreak of the virus, military personnel, including 
medical and logistics staff were deployed all over the country to operate checkpoints, 
transport basic personal protective equipment, distribute essential relief packs to the 
most affected areas, manage local quarantine regulations, and protect and assist 
vulnerable groups among others. 
It is therefore paramount that we acknowledge their indispensable role in 
peacekeeping, expeditionary, and emergency responses by providing them the 
support that they need to enhance their capabilities and effectively perform their duties 
to protect the Filipino people not only from armed threats but from the life-threatening 
disasters and calamities. 
With this bill, the government can strengthen its advocacy on reservist employment 
July 12, 2022
5:25 pm
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rights and ensure that the men who have heeded the call to service are given what 
they deserve. 
The approval of this bill is earnestly sought. 
LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
MIGUEL LUIS R. VILLAFUERTE  
TSUYOSHI ANTHONY G. HORIBATA 
NICOLAS ENCISO VIII 


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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.,  
HON. MIGUEL LUIS R. VILLAFUERTE, HON. TSUYOSHI ANTHONY G. 
HORIBATA AND HON. NICOLAS ENCISO VIII 
AN ACT 
STRENGTHENING THE EMPLOYMENT RIGHTS OF MEMBERS OF THE 
CITIZEN ARMED FORCES OR 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". 
SECTION 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 Reserve Force of the AFP 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.
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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, 
may require its citizens to render military or civil service under conditions provided 
by law.  
 
SECTION 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 and/or -controlled corporations and their 
subsidiaries, nongovernment organizations, and other socioeconomic entities. 
 
SECTION 4. Definition of Terms. — As used in this Act, the following terms shall 
mean: 
(a) Active Duty Training — the compulsory or voluntary trainings for reserve 
units and/or individual reservists provided by the AFP to update their working 
knowledge in the current military organization, doctrines, and in tactics, 
techniques and procedures or 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 Reserve 
Officers' Training Corps (ROTC) and other reservists training programs; 
 
 
(b) Auxiliary Service — 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 Soldiers or Reservists — 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 officers of the AFP;  


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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 
integrated 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 rosters. 
 
There shall be three (3) categories of citizen soldiers or AFP reservists: 
the First Category Reserve, the Second Category, and the Third Category 
Reserve based on age. 
1. First Category Reserve — The First Category Reserve shall be 
composed of able-bodied reservists whose ages are between 
eighteen (18) years and thirty-five (35) years, inclusive. 
2. Second Category Reserve — The Second Category Reserve shall be 
composed of able-bodied reservists whose ages are between thirty-
six (36) years and fifty-one (51) years, inclusive. 
3. Third Category Reserve — The Third Category Reserve shall be 
composed of able-bodied reservists who are above fifty-one (51) of 
age. 
Based on the categorization above, the Reserve Force units shall be 
further classified into the Ready Reserve, the Standby Reserve, and the 
Retired Reserve based on their operational readiness for immediate 
deployment/ utilization; 
 
(d) Employment — the act of hiring and continued engagement including the 
reintegration of an employee called to military service to one's former 
position, or if not practicable to a substantially equivalent position, without 
loss of seniority rights and diminution of pay;  
 
(e) Military Service — 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 


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operations in times of war, national emergency, or such other times as the 
national security requires; 
 
(e) Mobilization — the utilization of the Reserve Force of the AFP in times of 
emergency to meet threats to national security;  
 
(g) Reintegration — the actual resumption of work of an employee after one's 
military service to one's former position, or if not practicable to a substantially 
equivalent position, without loss of seniority rights and diminution of pay; 
 
(h) Reserve Force — those composing of members of the reserve 
components of the AFP; 
 
(i) Ready Reserve — citizen soldiers or reservists belonging mostly to the 
First Category reserve who shall be organized, trained, and maintained as 
mobilizable ready reserve subject to being called at any time to augment the 
regular armed force of the AFP not only in times of war or national emergency 
but also to meet local emergencies arising from calamities, disasters, and 
threats to peace, order, security and stability in any locality, including the 
need to provide assistance in relief and rescue work and other civil assistance 
activities; 
 
 
Furthermore, members of the AFP Affiliated Reserve units of various 
government and private utilities and services considered essential for the 
preservation of economic stability of the country or particular locality, such as power 
and electricity, water supply, transportation and communications, among others, 
regardless of their categorization shall be classified as Ready Reserve. 
 
All citizen soldiers belonging to the First Category Reserve, except those 
exempted under Republic Act No. 7077, otherwise known as the "Citizen Armed 
Forces of the Philippines Reservist Act', and other pertinent policies, shall be 
required to serve with the Ready Reserve units and will have assignments and 
promotions in accordance with existing policies of the AFP until transferred to the 
Standby Reserve by virtue of their age; 


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(j) Standby Reserve — citizen soldiers or reservists belonging mostly to the 
Second Category Reserve and the Third Category Reserve. The members 
of the Standby Reserve shall be organized and assigned to specific reserve 
units and shall be maintained through annual assembly test to update their 
records and present addresses, among others. The Standby Reserve may 
be mobilized or ordered to active duty only in times of national emergency or 
war. The ranks of the members of the Standby Reserve may be upgraded if 
they voluntarily participate in training or serve with the Ready Reserve units 
in their areas or if their Standby Reserve unit undergo retraining. They will 
however be encouraged to upgrade their military knowledge and skills by 
taking up non-resident or resident courses which shall be set up for the 
purpose; and 
 
(k) Retired Reserve — citizen soldiers who have qualified for retirement 
through length of service, old age, or disability. For this purpose, sixty-five 
(65) years shall be considered as the retirement age. However, if qualified 
and fit for duty, a member of the Retired Reserve may be ordered to active 
duty in times of local or national emergencies if one volunteers for active duty 
and when the Secretary of National Defense determines that there are not 
enough qualified citizen soldiers with one's special skills and qualifications in 
the Ready Reserve or Standby Reserve in one's particular area of residence. 
 
CHAPTER 2 
NON-DISCRIMINATION OF RESERVISTS 
 
SECTION 5. Anti-Reservists Discrimination. — 
(a) It shall be unlawful for an employer or those acting in the interest of the employer, 
whether private or public, including all government agencies and political 
subdivisions, as well as government-owned and/or — controlled corporations and 
their subsidiaries, nongovernment organizations, and other socioeconomic entities 
to: 
1. Discriminate against an individual in terms of compensation, terms and 
conditions, or privileges of employment on account of such individual's 


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membership, application for membership, performance of military service, 
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; 
3. Require the declaration of application for membership, or status or 
membership in the Reserve Force of the AFP; 
4. Decline employment on the basis of membership in the Reserve Force of the 
AFP; 
5. Deny any employee's or workers promotion or opportunity for training on the 
basis of membership, application for membership, performance of military 
service, application for military service or obligation with the reserve Force of 
the AFP; 
6. Lay off an employee or worker because of membership, application for 
membership, performance of military service, application for military service 
or obligation with the reserve Force of the AFP; or  
7. 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 labor contractor or subcontractor, if any, to refuse to refer 
for employment or otherwise discriminate against any individual because of such 
person's membership, application for membership, 32 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: 
1. Deny 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; 


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2. Exclude from its membership any individual because of such person's 
membership, application for membership, performance of military service or 
obligation with the Reserve Force of the AFP; or 
3. Cause or attempt to cause an employee to discriminate against an individual 
in violation of this Act. 
 
(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 
 
SECTION 6. Employment Rights of Citizen Soldiers/Reservist. — The following 
are the rights of reservists who perform military service in the Reserve Force of the 
AFP. 
(a) Reservists who perform military service are entitled to their original position, 
or when not practicable, to a substantially equivalent position, without loss of 
seniority rights and diminution of their pay. 
 
(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 cannot be required to use earned or entitled vacation or service 
incentive leaves for leave of absence 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 reintegration if such employee can still perform the 
essential functions of their original employment, whether with or without 
reasonable accommodations. 


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SECTION 7. Hiring of Substitute Employee. — An employer whose reservist 
employee is called to military service may hire another employee as substitute 
during the period of the military service of the reservist employee. 
 
The employment of the substitute employee shall be deemed terminated upon 
the reintegration of the reservist employee. The employer or those acting in the 
interest of the employee may, however, consider the substitute employee for 
another position, if practicable. 
 
SECTION 8. Reintegration Duty of an Employer. — It shall be the duty of the 
employer, or those acting in the interest of the employer, to reintegrate reservists 
returning from military service to their former position, or when not practicable to a 
substantially equivalent position, without loss of seniority rights and diminution of 
their pay. 
 
SECTION 9. Conditions for Reintegration of Reservists. — Reservists shall be 
entitled the reintegration as provided in Section 8 of this Act, subject to the following 
conditions: 
(a) The reservist has rendered or performed military service as a member of 
the Reserve Force of the AFP; 
 
(b) The employer, or those acting in the interest of the employer, has been 
given a written notice by the AFP or the reservist which, if practicable, shall 
indicate the duration of military service, at least thirty (30) days prior to 
departing for military service unless precluded by military necessity, except 
when under all of the relevant circumstances, the timely provision of notice is 
otherwise impossible or unreasonable; 
 
(c) The employer, or those acting in the interest of the employer, shall 
immediately reintegrate the reservist after the latter is officially discharged from 
military service in accordance with the notice issued by the AFP; and 
 
(d) The employer, or those acting in the interest of the employer, shall provide 
its reservist employee the prevailing salary or wage at the time of reintegration 


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of the reservist. 
 
In a timely manner, the AFP shall issue and provide the pertinent notices and 
documents to reservists and their employers, and those acting in the interest of the 
employers, to facilitate the reintegration of the reservists to their employment. 
 
SECTION 10. Period to Notify of Intent to Return. — Reservists are hereby 
required to notify their employers, or those acting in the interest of the 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 when 
indicated in the call for active duty training or such other notice issued by the 
AFP, the employer, or those acting in the interest of 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 
when not indicated in the call for active duty training or such other notices 
issued by the AFP, the employer, or those acting in the interest of 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 notification of absence due to military service and/or intent 
to return of a reservists in compliance with this provision in accordance with Sections 
9(b) and 9(d) of this Act: 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 least 
fifteen (15) days prior notification of employers, or those acting in their interest, of 
the absence of reservists for military service and their capacity and intent to return 
to their employment. 


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SECTION 11. Compensation for Non-Reintegration of Reservists. — In cases 
of authorized causes or circumstances, subject to the determination and approval 
of Department of Labor and Employment (DOLE), where reintegration is impossible 
or unreasonable, the reservist shall be entitled to at least three (3) months' worth of 
basic salary or to a separation pay equivalent to one-month basic salary per year of 
service, whichever is higher. 
 
SECTION 12. Compensation of Reservists for Military Service. — In order to 
enhance the general welfare, commitment to service and professionalism of the 
members of the Reserve Force of the AFP, the reservist rendering military service 
shall be entitled to the base pay commensurate to their rank consistent with their 
counterpart in the regular force. 
 
The mother agency of the reservist shall promptly pay and remit the reservist 
employee's premium contributions, based on one's salary, during the absence due 
to military service, whether to the Government Service Insurance System (GSIS), 
the Pagtutulungan sa Kinabukasan: Ikaw, Bangko, Industriya, at Gobyerno (PAG-
IBIG), Philippine Health Insurance Corporation (PhilHeaIth), and all pertinent 
contributions related to the employment, and shall not reflect any gap in 
contributions in the records. 
 
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. 
 
The AFP shall establish the necessary administrative process to assist reservists in 
the timely remittance of pertinent contributions, whether mandatory or voluntary. 
 
SECTION 13. Multi-stakeholder Engagements and Advocacies. – The 
Department of National Defense (DND) and the AFP shall strengthen coordination 
and cooperation among stakeholders through a sustained and comprehensive 
advocacy campaign for the purpose of ensuring that the employment rights of 


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reservists are understood and protected by all concerned. 
 
For this purpose, the Department of Budget and Management (DBM), in 
consultation with the DND and the AFP, shall create the necessary plantilla or non-
tenured positions. The necessary funds for the implementation of this provision shall 
be included in the budget of the DND and AFP in the annual General Appropriations 
Act. 
  
SECTION 14. Tax Benefits and Incentives. — The Department of Finance (DOF), 
in coordination with the DND, AFP, and other appropriate government agencies, 
shall develop the appropriate rules and regulations on the provision of tax benefits 
and incentives based on justified costs and expenses by employers associated with 
organizational adjustments borne out of the absence of reservists in an organization 
in compliance with this Act, Republic Act No.7077, and other appropriate laws, rules, 
and regulations. 
 
SECTION 15. Administrative Fines and Penalties. — The violation of any of the 
provision of this Act shall be punished with a fine of not less than Fifty thousand 
pesos (50,000.00) but not more than One million pesos (P1,000,000) or 
imprisonment of not less than three (3) months but not more than 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 shall be imposed upon 
the responsible officer or officers of such corporation, trust, firm, partnership or 
association or entity. 
 
SECTION 16. Military Duty Leave. — Every reservist shall be entitled to a leave of 
seven (7) days with pay per year for purposes of military training or military activities. 
This shall be on top of applicable leaves entitled to a reservist from one's employer. 
 
CHAPTER 4 
FINAL PROVISIONS 
SECTION 17. Appropriations. — The amount necessary for the immediate and 
effective implementation of this Act shall be charged against any available funds of 
the DND and the AFP. Thereafter, such sums as may be necessary for the 


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implementation of this Act shall be included in the annual appropriations of the AFP. 
 
SECTION 18. Implementing Rules and Regulations. — Within sixty (60) days 
from the effectivity of this Act, the DOLE shall, in coordination with the DND, the 
AFP, the Civil Service Commission (CSC) and appropriate government agencies 
promulgate the rules and regulations for the effective implementation of this Act. 
 
SECTION 19. Separability Clause. — Should any provision herein be declared 
unconstitutional, the same shall not affect the validity of the other provisions of this 
Act. 
 
SECTION 20. Repealing Clause. — All laws, decrees, orders, rules and 
regulations, or other issuances or parts inconsistent with the provisions of this Act 
are hereby repealed, amended, or modified accordingly. 
 
SECTION 21. Effectivity Clause. — This Act shall take effect in fifteen (15) days 6 
after publication in the Official Gazette or in a newspaper of general circulation in 
the Philippines. 
 
 
Approved,