NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE 
S. No. IGOl
v7.
senate
.' (©ffitp of lijc (: rtnrp
*22 DEC-6 P5S1
RtCEIVED BY,
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
FURTHER STRENGTHENING PROFESSIONALISM AND PROMOTING THE 
CONTINUITY OF POLICIES AND MODERNIZATION INITIATIVES IN THE 
ARMED FORCES OF THE PHILIPPINES
EXPLANATORY NOTE
After the passage into law of Republic Act No. 11709 or the law that 
strengthens professionalism and promotes the continuity of policies and 
modernization initiatives in the Armed Forces of the Philippines, a significant number 
of proposals and recommendations from officers and enlisted personnel were made 
to amend some provisions in order to make it more responsive to the needs, peculiar 
situation, organizational culture and human resource development of the Armed 
Forces of the Philippines (AFP).
As a law of national significance, there is an imperative need to revisit its key 
provisions and to make it more responsive to the needs of the AFP. Consistent with 
Sec. 23 of the law which provides for the conduct for a systematic review, 
evaluation, and impact assessment of the Act, a pro-active stance was taken to 
consult the organization, officers, and enlisted personnel on the recommendations 
and courses of action.


After the conduct of extensive consultations, several recommendations were 
identified towards the further enhancement of the law:
a. ) Allow the organization to manage the tenure-in-grade of enlisted personnel;
b. ) Limit the fixed tour of duty to the Chief of Staff, the commanding generals of
the major services, and the PMA Superintendent while allowing lateral 
movement for other key positions;
c. ) Allow the Secretary of National Defense in consultation with the AFP to
prescribe the authorized number of officers in the active force in each grade 
and in each major, technical or administrative service and implement the 
gradual increase or decrease in the number of officers in each officer rank 
based on the mission requirement, capabilities, scope of responsibility, 
technical nature of the position and task;
d. ) Restore the rule that except for the Chief of Staff of the AFP, no officer shall
be designated to the key positions or promoted to the rank of Brigadier 
General/Commodore or higher if said officer has less than six (6) months of 
active service remaining prior to compulsory retirement;
e. ) Provide for lengthening for those in the positions of Captain, Major, and
Lieutenant Colonel and increase the maximum tenure-in-grade for Colonel; 
and,
f. ) Address the retirement grade provision of the law together with the proposed
measures on pension and retirement for Military and other Uniformed 
Personnel.
Congress is at all times guided by the constitutional provision of upholding the 
continuing role of the Armed Forces of the Philippines as the protector of the people 
and the State and its goal of securing the sovereignty of the State and the integrity 
of the national territory (Article II, Section 2, 1987 Philippine Constitution). In the 
enhancement of the law, the policies of professionalization of the organization, 
allowing the leadership for a longer period to implement reforms, and obviating the 
revolving door policy regarding promotions will continuously be pursued.


In view of the foregoing, the immediate passage of this bill is earnestly
sought.
JINGGOY EJERCITO ESTRADA


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
S. No. 1601
Senate
of ll)f ^ff-rtar^
72 DEC-6 P5S1
RtCElVED BY:
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
FURTHER STRENGTHENING PROFESSIONALISM AND PROMOTING THE 
CONTINUITY OF POLICIES AND MODERNIZATION INITIATIVES IN THE 
ARMED FORCES OF THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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as:
Section 1. Section 2 of Republic Act No. 11709 is hereby amended to read
"SEC. 2. FIXED Tour of Duty AND LATERAL MOVEMENT 
of Key Officers. - (A) The following officers holding key 
positions in the AFP, upon [appointment] DESIGNATION 
shall have a fixed tour of duty of three (3) CONSECUTIVE 
years, UNLESS SOONER TERMINATED BY THE 
PRESIDENT 
"[(a)] (1) Chief of Staff 
"[(b)] [Vice Chief of Staff]
"[(e)] [The Deputy-Chief-of-Staff]
"[(b)] (2) Commanding General, Philippine Army 
"[(e)] (3) Commanding General, Philippine Air Force; AND 
”[(^] (4) Flag Officer in Command, Philippine Navy 
"[(§)] [Unified Command Commanders; and]
"[(b)] [Inspector General.]"


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"[The- teur-of-duty-of-- the aforementioned -officers shaH
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eemmcncc on the dote the appointment is signed and shall
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be for three (3) conGccutive years unless sooner terminated
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by--the President;] Provided, That THE COMMANDING
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GENERALS/FLAG OFFICER IN COMMAND OF THE
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MAJOR SERVICES [those mentioned in Section 2(b) to
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2(h)] shall not be eligible for any other position in the AFP
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unless promoted to the position of Chief of Staff.
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"(B) LATERAL MOVEMENT SHALL BE ALLOWED
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FOR OFFICERS HOLDING THE FOLLOWING KEY
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POSITIONS:
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"(A) VICE CHIEF OF STAFF
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"(B) THE DEPUTY CHIEF OF STAFF
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"(C) UNIFIED COMMAND COMMANDERS; AND
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"(D) THE INSPECTOR GENERAL AFP
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"PROVIDED, THAT, EXCEPT FOR THE POSITION OF
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CHIEF OF STAFF, NO OFFICER SHALL BE
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DESIGNATED TO KEY POSITIONS IF THE OFFICER
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HAS LESS THAN ONE (1) YEAR OF ACTIVE SERVICE
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REMAINING PRIOR TO COMPULSORY RETIREMENT,
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OR PROMOTED TO THE RANK OF BRIGADIER
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GENERAL/COMMODORE OR HIGHER IF THE OFFICER
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HAS LESS THAN SIX (6) MONTHS OF ACTIVE
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SERVICE REMAINING PRIOR TO COMPULSORY
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RETIREMENT."
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Sec. 2. Section 6, subsection (a), paragraph (3) of the same Act is hereby
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amended to read as:
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"SEC. 6. Compulsory Retirement for Military Personnel.
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"(a) The following officers of the AFP shall be compulsorily
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retired:
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"(1) X X X.


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"(2) Those in the grades of Brigadier General/Commodore
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(0-7) upon reaching the age of FIFTY-SEVEN (57);
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MAJOR GENERAL/REAR ADMIRAL (0-8) UPON
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REACHING THE AGE 
OF FIFTY-EIGHT (58);
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LIEUTENANT GENERAL/VICE ADMIRAL (09) UPON
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REACHING THE AGE OF fifty-nine (59) or the maximum
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tenure-in-grade as defined in this Act, whichever comes
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earlier;
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"(3) Those occupying [a] key positions, as defined in
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Section 2 of this Act, upon completion of the fixed tour of
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duty regardless of age, unless promoted [to Chief of Staff]
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IN ACCORDANCE WITH SAID SECTION 2 or who is
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relieved from post [and is not designated to or occupying
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any position in the AFP Table of organization]; and,
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"(4) X X X."
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Sec. 3. Section 8 of the same Act is hereby repealed.
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Sec. 4. Section 10, subsection (b), paragraph (2) of the same Act is hereby
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amended to read as:
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"SEC. 10. Forced Attrition of Officers. X x x.
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"(a) X X X.
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"(b) Maximum Tenure-In-Grade for Officers
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"(1) Generals/Flag Officers. X x x.
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"(2) Officers. - The maximum tenure of officers in the
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grades of Colonel, Lieutenant Colonel, Major, and Captain, or
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their equivalent in the other services in the AFP are hereby
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prescribed as follows:
Grade
Maximum
Tenure-in-Grade
Colonel/Captain (PN)
(0-6)
[Eight (8)] NINE (9)
years
Lieutenant Colonel/Commander (PN) 
(0-5)
Seven (7) years
Major/Lieutenant Commander (PN)
Six (6) years


(0-4)
Captain/Lieutenant (PN)
(0-3)
Six (6) years
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as:
' PROVIDED, THAT THE PRESIDENT MAY LENGTHEN 
THE ACTIVE SERVICE-IN-GRADE OF OFFICERS IN THE 
PERMANENT GRADES OF CAPTAIN, MAJOR, AND 
LIEUTENANT COLONEL, OR THEIR EQUIVALENT, UP TO 
THREE (3) CYCLES WHEN NECESSARY, TO MAINTAIN 
THE DESIRABLE OFFICER RANK STRUCTURE AND 
UPHOLD THE PROGRESSIVE PROFESSIONAL 
DEVELOPMENT OF THE OFFICER CORPS: PROVIDED 
FURTHER, THAT THE MAXIMUM TENURE-IN-GRADE 
HEREIN PRESCRIBED FOR THE GRADE OF 
COLONEL/CAPTAIN (PN) SHALL APPLY TO THOSE 
PROMOTED UNDER REPUBLIC ACT NO. 11709.
"X X X."
Sec. 5. Section 11, subsection (b) of the same Act is hereby amended to read
"SEC. 11. Forced Attrition of Enlisted Personnel 
"(a) Xxx
"(b) Maximum Tenure-in-Grade for Enlisted 
Personnel. - [An-enlisted personnel shall be separated or 
retired in accordance with the provisions of-cxisting laws for
failure to be promoted after having attained the maximum
allowable tenure-for-the-present-grade except if occupying a
position calling for a higher grade in the AFP Table-of
Organization:]
[Grade]
[Maximum
Tenure-in-Grade]
[First Chief Master Sergeant 
(E-10)]
[Three (3) years]
[Chief Master Sergeant 
(E-9)]
[Three (3) years]
[Senior Master Sergeant
(E-8)]_________________________
[Three (3) years]


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[Master Sergeant 
(E-7)]
[Three (3) years]
[Technical Sergeant 
(E-6)]
[Five (5) years]
[Staff Sergeant 
(E-5)]
[Five (5) years]
[Sergeant
(E-4)]
[Four (4) years]
[Corporal
(E-3)]
[Four (4) years]
[Private First Class 
(E-2)]
[Four (4) years]
[Private
JEJJ]____________________
[Four (4) years]
"THE SECRETARY OF NATIONAL DEFENSE SHALL 
DETERMINE THE MAXIMUM TENURE-IN-GRADE OF 
ENLISTED PERSONNEL."
Sec. 6. Section 15 of the same Act is hereby amended to read as: 
"SEC. 15. AUTHORIZED NUMBER OF OFFICERS [Offieer 
Grade Distribution]. - The Secretary of National Defense, IN 
CONSULTATION WITH THE AFP, shall prescribe the 
authorized number of officers in the active force in each 
grade and in each major, technical or administrative service, 
[and-shall implement the gradual decrease in the number of
officers-in- each officer rank as] THE AUTHORIZED 
NUMBER OF OFFICERS IN EACH RANK SHALL BE [part 
of, and] in line with[7] the Modernization Program of the 
AFP: [Provided, That one (1) year after the approval of this 
Act, such number shall not exceed the number in- each-grade
authorized in the Table of Organization of units of the active
force distributed-as-follows:-]
"[(1) One percent (1%) in the Gcneral/Flag Officer 
grade based on the total officer strength authorized for-the
AFP or zero point one per centum (0.1%) of the total troop
strength authorized for the AFP, whichever is lower;]


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"[(2)—Six—percent—(6%3—m—the—grade—ef 
Colonel/Captain (PN) bosed on-the total officer strength
authorized for the AFP;]
"[(5^—Twelve—percent—(12%)—in—the—grade—ef 
Lieutenant—Colonel/Commander (PN) based on the total
officer strength a uthorized -for-the-AFP; ]
11f(4)—Eighteen—percent -(18%) in—the—grade-of 
Major/Lieutenant-Gemmander (PN) based on the-total-officef
strength authorized for the AFP;]
"[(5) Twenty percent (20%) in the- -grade- ef 
Captain/Lieutenant (PN) based on-the-total officer strength
authorized for the AFP; and]
"[(6) Forty-three percent (d3%) in the grades of First 
Lieutenont/Lieutenant—Junior—Grade—(PN)—aed—Second
Lieutenant/Ensign (PN) based on the totai- efftcer strength
authorized for the AFP.]
"Provided [rfttfthcr]f That the Table of Organization 
of units of the active force shall be adjusted in accordance 
with their respective missions and officer requirements, [end 
shall be gradually decreased pursuant to this section and]
UNDER such rules and regulations as the Secretary of 
National Defense shall prescribe[, subject to the condition 
that the schedule of-percentage-fer-each grade as herein
prescribed shall not be exceeded]: Provided[, furthermore] 
FURTHER, That in the determination of the officer to 
enlisted personnel ratio, the mission requirement, 
capabilities, scope of responsibility, technical nature of the 
position and task, and equipment inventory of units shall be 
taken into consideration: Provided, furthermore. That 
considering the highly technical nature of the Air Force and 
the Navy, they shall be allocated a higher officer to enlisted 
personnel ratio [which shall not exceed fifteen percent


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(15%) of the officer to enlisted personnel ratio allocated in
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the Philippine Army]: Provided, furthermore, That as far as
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practicable, officers in the technical or administrative
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services such as surgeon general, chief dental service and
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chief nurse may be eligible for promotion to General/Flag
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Officer qrd^6e\[Providcd,—furthermore,—That—the—quota
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limitation provided herein shall not apply in the promotion to
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the rank of Gencral/flag-Officor—of-reserve officers-in-the
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inactive service:] Provided, finaiiy. That if the actual number
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in a grade is less than the number prescribed, the difference
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may be applied as an increase to the number prescribed in a
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lower grade."
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Sec. 7. There is hereby created a Congressional Oversight Committee to
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monitor and oversee the implementation of the provisions of this Act. The
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Committee shall be composed of six (6) members from the Senate and six (6)
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members from the House of Representatives with the Chairpersons of the
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Committee on National Defense and Security, Peace, Unity and Reconciliation of the
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Senate and the Committee on National Defense and Security of the House of
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Representatives as joint Chairpersons of this Committee. The five (5) other members
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from each Chamber are to be designated by the Senate President and the Speaker
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of the House of Representatives, respectively. The minority shall be entitled to pro
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rata representation but shall have at least two (2) representatives from each
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Chamber.
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Sec. 8. The Department of National Defense shall conduct a systematic
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review, evaluation and impact assessment of this Act within five (5) years of its
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effectivity. A report shall be submitted to the Congressional Oversight Committee
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created under Section 7 hereof, the Committee on National Defense and Security,
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Peace, Unification and Reconciliation of the Senate of the Philippines and the
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Committee on National Defense and Security of the House of Representatives within
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thirty (30) days after its review and assessment.
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Sec. 9. If any provision or part of this Act is declared unconstitutional or
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invalid, the remaining parts or provisions not affected shall remain in full force and
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effect.
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Sec. 10. All laws, executive orders, rules and regulations or parts thereof
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which are inconsistent with the provisions of this Act are hereby amended or
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repealed accordingly.
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Sec. 11. This Act shall take effect fifteen (15) days after its publication in the
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Official Gazette or in a newspaper of general circulation.
Approved,