Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS:
First Regular Session

House BiLLNo,_1333

Introduced by
REP. ARLENE D. BROSAS (Gabriela Women’s Party);
REP. CARLOS ISAGANI T. ZARATE, REP. FERDINAND R. GAITE, and REP. EUFEMIA C. CULLAMAT
(Bayan Muna Partylist); REP. FRANCE L. CASTRO (ACT Teachers’ Partylist); and
REP. SARAH JANE |. ELAGO (Kabataan Partylist)

EXPLANATORY NOTE

The Philippine civilian bureaucracy has been militarized since the late President Ferdinand Marcos
appointed military men to civilian positions. Succeeding administrations continued this practice to ensure the
loyalty ofthe military.

The Philippine Center for Investigative Journalism (PCL) noted military and police officials
occupying civilian posts in the executive branch in the past administrations. For instance, the Arroyo
administration had appointed former Armed Forces of the Philippines (AFP) vice chief of staff Eduardo
Ermita as its Executive Secretary. Former Philippine National Police Director-Generals Leandro Mendoza
and Hermogenes Ebdane also served as transportation secretary and public works secretary, respectively
during the Arroyo regime. Meanwhile, a 2006 paper of the Center for People Empowerment in Goveriance
(CenPEG) noted that six (6) of the nine (9) Defense secretaries that we had after the downfall of Marcos
Until the Arroyo regime were either former AFP generals or PNP chiefs. The previous administration of
Benigno Aquino Ill likewise had a former Philippine Army commanding general and former Presidential
Security Guard (PSG) chief during the Cory Aquino administration serving as Defense Secretary.

This practice continues as the current administration has already appointed forty-seven (47) former
and active military or police personnel to different posts and agencies in the goverment. Recently,
President Duterte has named retired Brigadier General Danny Lim as head of the Metro Manila
Development Authority (MMDA) after appointing AFP Chief of Staff and former Philippine Army commander,
General Eduardo Ano as the Department of interior and Local Government (DILG) Secretary, former AFP
Chief Staff Roy Cimatu as the Department of Environment and Natural Resources (DENR) Secretary,
retired lieutenant-general Rolando Bautista as the Department of Social Welfare and Development (DSWD)
Secretary, and retired Philipppine Army officer and former senator Gringo Honasan as the current
Department of Information and Communications Technology (DICT), among others.

Military personnel are trained to work within a structure where the rule of thumb is to “follow now
and question later.” Military men are trained under a discipline that is necessary in a war situation. Miltary
and police personnel including officers bring their military training, culture and practices even after they have
been appointed to civilian positions. Such training and practices are inconsistent with democratic processes
that characterize the civilian bureaucracy. As the PCW report said, "The blurring of line between civilian and

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military tasks results in the weakening of civiian institutions," which contradicts the provision of the 1987
Philippine Constitution that “civilian authority is, at all times, supreme over the military.”

The police organization has also been militarized since many of its leading officers come from the
Philippine Military Academy and are therefore imbued with military discipline and culture. The dignity of the
AFP, dubbed as the protectors of the people and State is now in question, as it is marred with charges of
graft and corruption and complaints of grave human rights violations through counter-insurgency programs
Oplan Bantay Laya, Oplan Bayanihan, Oplan Kapayapaan and now Oplan Kapanatagan. This is obviously a
demerit to an appointment of a military official to any civilian post having this present image that is
eventually negative to the people. This practice also affords and ensures impunity to military men
accountable for the commission of these violations that took place under their watch. We underscore the
charges of grave human rights violations, which include extrajudicial killings, enforced disappearances,
harassment, forced surrender, destruction of property, grave threats, ham letting and encampment of
schools and places of worship, against National Irrigation Administration (NIA) chief Brig. Gen. Ricardo
Visaya and DILG Secretary General Eduardo Ario.


In view ofthe foregoing reasons, the passage of ths bil is eamestly sought

a
NE/P. BROSAS
Gabriela Women’s Party
INAND R. GAITE Sader ot corde Samar
Bayan Muna Partylist Bayan Muna Partylist Bayan Muna Partylist

FRANGE L. CASTRO
AC}Aeacherg" Ps

‘SARAH JANE1. ELAGO
Kabataan Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House BiLt no, 1333

Introduced by
REP. ARLENE D. BROSAS (Gabriela Women’s Party);
REP. CARLOS ISAGANI T. ZARATE, REP. FERDINAND R. GAITE, and REP. EUFEMIA C. CULLAMAT
(Bayan Muna Partylist); REP. FRANCE L. CASTRO (ACT Teachers’ Partylist); and
REP. SARAH JANE |. ELAGO (Kabataan Partylist)

AN ACT PROHIBITING ALL RETIRED AND ACTIVE MILITARY AND POLICE PERSONNEL,
INCLUDING OFFICERS, FROM BEING APPOINTED IN A CONCURRENT OR ANY OTHER CAPACITY
TO THE POSITIONS OF SECRETARY, UNDERSECRETARY, HEAD OR MEMBER OF GOVERNING
BODIES OF GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS AND AGENCIES AND
OTHER EQUIVALENT POSITIONS

Be it enacted by the Senate and House of Representatives of the Philipines in Congress assembled:

SECTION 1. Prohibiting military and police personnel from being appointed to civilian positions. All
military and police personnel, including officers, shall be disqualified from being appointed in a concurrent or
any other capacity to the positions of secretary, undersecretary, head or member of governing bodies of
government owned or controlled corporations and agencies and other equivalent positions. This prohibition

shall apply even after the military or police officer shall have been separated from service including
retirement.

SECTION 2. — Elective Position. Nothing in this law shall prohibit military and police officers from running
for any elective position after they have become separated from the service.

SECTION 3. — Repealing Clause. Any law, presidential decree or issuance, executive order, letter of
instruction, administrative order, rule or regulation contrary to, or inconsistent with the provisions of this Act
is hereby repealed, modified, or amended accordingly.

SECTION 4. — Separability Clause. If any portion or provision of this Act is declared void or
unconstitutional, the remaining portions or provisions hereof shall not be affected by such declaration.

SECTIONS. — Effectvity Clause. This Act shall take effect fifteen (15) days from its publication in the
Official Gazette or in at least two (2) national newspapers of general circulation whichever comes earlier.

Approved,