REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, _ 1213

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN II

EXPLANATORY NOTE

Article II, Section 3 of the 1987 Philippines Constitution states that the Armed Forces of the
Philippines is the protector of the people and the State; and, whose goal is to secure the
sovereignty of the State and the integrity of the national territory.

The acquisition of military status by a recruit involves a commitment to the Armed Forces of
the Philippines (AFP), the country, and the Filipino people one has sworn to protect. Thus, it

is but proper that stringent guidelines be put in place to ensure that military personnel possess
the necessary competence, integrity and character required by their lofty calling.

In cognizance of the aforementioned declaration of policy, this measure sets standards and
Procedures to guarantee the competence of those who are recruited into the AFP ‘through the
establishment of a new procurement process for enlisted military personnel while providing
for their orderly administrative promotion and separation

Specifically, this bill seeks to accomplish the following objectives:

1. Selectively recruit and retain the best qualified soldiers in the force through evaluation
of their performance and potential for continued service;

2. Rationalize the pension system for new enlisted personnel through compulsory
membership to the Government Service Insurance System (GSIS); and

3. Ease the transition of personnel denied retention in the force from military to civilian
life through the provision of education, training and scholarships and a commensurate
Separation pay, as a way of thanking them for their military service. Although a
substantial number of the provisional enlisted personnel may not be selected to stay in
the regular force, five (5) years of training, experience and practice of military
discipline and values can prove relevant in the outside world, and the government
must see to it that those years will not go to waste.


It is hoped that the passage of this bill will redound to the following benefits: reduce the
ballooning costs in terms of pay and retirement benefits, and provide for a long term solution
to the looming military pension crisis; and, boost the morale of members of the Armed Forces
thereby inspiring dedicated soldiers to consistently meet the AFP's high standards of duty,
performance, honor and discipline.

In view of the foregoing, the immediate passage ofthis measure is eamestly sought.

Magdalo Parasa Pilipino Party-List


Sweovauawne

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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. _1213

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN Ii

AN ACT
PROVIDING FOR AN INCREASE IN THE STANDING FORCE OF THE ARMED
FORCES OF THE PHILIPPINES THROUGH THE RECRUITMENT AND SPECIAL
ENLISTMENT OF PROVISIONAL ENLISTED PERSONNEL

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

SECTION 1.Short Title. — This act shall be known as the "Provisional Enlisted
Personnel Act".

SEC. 2.Declaration of State Policy. - The Armed Forces of the Philippines is the
Protector of the people and the State. Its goal is to secure the sovereignty of the State and the

integrity of the national territory. It shall keep a regular force necessary forthe security of the
State.

The State duly recognizes the vital role of the military in traditional security matters,
such as providing internal and external defense; and, their ever expanding role in non-
traditional security matters, such as humanitarian assistance and disaster response.

It shall, therefore, be the prime concern of the State to ensure that the Armed Forces
of the Philippines shall maintain a standing force necessary to adequately and effectively
address present and future security threats to the State.

SEC. 3.Definition of Terms. - For the purposes of this Act, the following definition of
terms shall apply:

4. Regular Enlisted Personnel (Regular EP) ~ those currently enlisted to the Armed
Forces of the Philippines with the following grades: Private (E-1), Private First Class
(E-2), Corporal (E-3), Sergeant (E-4), Staff Sergeant (E-5), Technical Sergeant (E-6),
Master Sergeant (E-7), and its equivalent in the Air Force, Navy and Marines
Provided, That the same are not covered by this Act

4. Provisional Enlisted Personnel (PEP or Provisional EP)-those who are enlisted into
the Armed Forces of the Philippines by virtue of this Act.


SEC. 4. Provisional Enlisted Personnel. — An increase in the standing force of the
Armed Forces of the Philippines (AFP) shall be undertaken through the recruitment and
Special enlistment of twenty thousand (20,000) Provisional Enlisted Personnel (PEP),

SEC. S. Tour of Duty. - The tour of duty of PEP shall be limited to a continuous term
of five (5) years, without further reenlistment. Provided, however, That the Secretary of
National Defense (SND), upon the recommendation of the Chief of Staff of the Armed
Forces of the Philippines (CSAFP), may authorize the retention of a maximum of thirty
Percent (309%) of the PEP for reenlistment as Regular EP, in accordance with and subject to
Section 13 hereof.

SEC. 6. Qualifications and Disqualifications. ~The PEP must possess the required
qualifications and none of the disqualifications for recruitment and enlistment as regular EP
to the AFP.

SEC. 7. Training. — The PEP shall undergo the same training required of Regular EP.
Provided, That upon graduation from training, the PEP shall attain the rank of Private,
Airman, Apprentice Seaman/Fireman or Marine. Provided further, That all PEP who attain
the rank of Private, Airman, Apprentice Seaman/Fireman or Marine shall acquire the rights,
benefits, obligations, and duties accorded to similarly ranked Regular EP, ‘subject to Sections
10 and 11 hereof.

SEC. 8.Promotion. — The rules and regulations applicable to Regular EP for
Promotion shall apply to PEP. Provided, That the highest rank attainable by the PEP shall be
that of Private 1" Class, Airman 2" Class, Seaman/Fireman 2™ Class, or Marine 2™ Clase
Zrovided further, That PEP who attain the rank of Private 1" Class, Airman 2" Class,
Seaman/Fireman 2" Class, or Marine 2 Class shall acquire the rights, benefits, obligations,
and duties accorded to similarly ranked Regular EP, subject to Sections 10 and 11 hereof

SEC. 9.Salary. ~ The amount of salary paid to PEP, regardless of rank, shall be based
on the current pay grades of similarly ranked Regular EP; and, shall be scaled accordingly to
accommodate any increase thereto.

SEC. 10.7ermination and Separation. ~ All PEP shall be immediately terminated
from their service at the end of their tour of duty, except for those who are reenlisted as
Regular EP under Section 13 hereof;Provided, That the PEP, prior to the end of their tour of
duty, may be separated from their service on the same grounds as Regular EP;Provided
further, Thatthe PEP, whether terminated or separated from their service, shall not be entitled
to receive the retirement and separation payor benefits provided for in Presidential Decree
1638, as amended by Presidential Decree 1650;Provided, finally, That PEPs who fail to meet
the qualifications for retention as Regular EPs, shall receive a separation gratuity pay
equivalent to one month of his base and longevity pay on the date of separation for every year
of service.

SEC. 11. Training and Educational Benefits. — A PEP who fail to meet the
qualifications for retention as a Regular EP shall be entitled to receive training and
educational benefits in accordance with the rules and regulations to be promulgated by the
Technical Education and Skills Development Authority (TESDA) and Commission on
Higher Education (CHED)


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SEC. 12, Preference and Priority in Hiring. — In recognition of their contribution to
the safety and security of the State, Provisional Enlisted Personnel released from active duty
in accordance with Section 10 shall be given preference and priority in hiring in the Civil
Service, particularly in the law enforcement services and related agencies (ie., Philippine
National Police, Bureau of Fire Protection, Bureau of Jail Management and Penology,
Philippine Drug Enforcement Agency, National Bureau of Investigation, Philippine Coast
Guard, the intelligence and law enforcement services of the Bureau of Customs, Commission
on Immigration, etc.) and the field operations offices of National Government Agencies
(NGA) and Government Owned and Controlled Corporations (GOCC), as well as in the
private sector, particularly in the security and services sectors, where the training, skills and
discipline they acquired as former members of the AFP are relevant and/or appropriate,

SEC. 13, Reenlistment as Regular Enlisted Personnel. - The requirements for the
eligibility and the process of selection of PEP for reenlistment as regular EP shall be in
accordance with the rules and regulations to be promulgated by the Department of National
Defense (DND) and AFP under Section 16 hereof. The actual number of PEP to be reenlisted
as Regular EP shall be determined by the CSAFP based on the vacancies and requirements of
the AFP for recruitment and enlistment of Regular EP during the year the tour of duty of the
Provisional EP ends.

Provisional EP who are eligible, selected, and authorized to be reenlisted as Regular
EP shall retain the highest rank they previously held at the end of their tour of duty as
Provisional EP; and, they shall acquire the rights, benefits, obligations, and duties accorded to
similarly ranked Regular EP, except the retirement and separation pay or benefits provided
for in Presidential Decree 1638, as amended by Presidential Decree 1650.

SEC. 14, Compulsory Membership in the GSIS. — Membership in the Government
Service Insurance System (GSIS) shall be compulsory for all Provisional EP, and all
reenlisted Regular EP of the AFP under Section 13 hereof;Provided, That it shall be
mandatory for the member and the AFP to pay the monthly contributions similar to the
schedule applicable to employees of the national government agencies;Provided, further,
‘That it shall be mandatory and compulsory for the AFP to include the payment of the subject
contributions in its annual appropriations.

SEC. 15. Special Trust Fund; Appropriations. - There is hereby created a Special
‘Trust Fund, which shall be managed by the GSIS, out of which the gratuity separation pay
due to separated military personnel under this Act shall be paid. Subject to actuarial studies,
the DND shall include in its annual budget such amounts as may be necessary to build up
said Special Trust Fund to ensure that there would be adequate funds to pay the separation
gratuity pay of military personnel separated under this Act as the same would fall due. Said
amounts shall be included in the annual General Appropriations Act (GAA).

SEC. 16. Implementing Rules and Regulations. ~ Within sixty (60) days from the
enactment of this Act, the DND and the AFP shall issue the required Implementing Rules and

Regulations (IRR) as may be necessary to ensure the efficient implementation of the
provisions of this Act.

Likewise within a period of sixty (60) days from the enactment of this Act, the Civil
Service Commission (CSC) and the Department of Labor and Employment (DOLE), in
coordination and consultation with the DND and the AFP and the Governance Commission

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for Government Owned and Controlled Corporations (GCG), shall issue the appropriate
memorandum order(s) and/or circular(s) as may be necessary and appropriate to ensure the
proper enforcement and effective implementation of the public policy on the priority and
preference in the hiring of separated military personnel mandated in Section 10 hereof.

SEC. 17. Separability Clause. — If any provision of this Act is declared invalid by a
competent court, the other provisions not affected by such declaration shall continue to be in
full force and effect.

SEC. 18. Repealing Clause. — All laws, decrees, orders, rules and regulations, or
parts thereof, specifically inconsistent with any provision of this Act shall be deemed
repealed, amended or modified accordingly.

SEC. 19. Efectivity. ~This act shall take effect fifteen (15) days after the date of its
publication in the Official Gazette or in at least two (2) newspapers of general circulation

Approved,