Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 06

ee

Introduced by Hon. Rodolfo G. Biazon

—

EXPLANATORY NOTE

Strict conformity to rules and regulations often hampers the immediate fulfillment of
government objectives.

Programs of whatever nature, whether government or private, usually require a certain

length of time to realize its goals. The person at the helm should thus enjoy a length of
service — even better, a term — that would allow him/her adequate time to plan, test and
execute matters to best achieve a desired end. This is even more imperative in the case of a
key government position such as the AFP Chief of Staff who leads the AFP and whose
tenure, though limited by the Constitution to three years, is even shortened by compulsory
retirement laws.

Such situation oftentimes delimits the President’s choices to fill in vacancies in the
Armed Forces of the Philippines with senior officers whose dates of retirements draw near
and provides the perception on the Presidents action as being politically driven.

With the positions in question being critical to the country’s interests, it is perhaps
only proper that the persons chosen to serve in such capacity be the best qualified and, not
necessarily among the most senior, and should be able to enjoy a period of service that will

allow him/her to implement programs and policies and thus deliver on the objectives of the
AFP.

This bill endeavors to shield the selection process for such positions from political
and personal considerations by ensuring that merit and fitness prevail. It also grants security

of tenure to ensure continuity of programs that is free from patronage and geared only
towards good performance.

With the foregoing considerations, the passage of this bill is earnestly sought.

Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No.0 006

Introduced by Hon. Rodolfo G. Biazon.

AN ACT
PRESCRIBING A FIXED TERM FOR THE CHIEF OF STAFF 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:

SECTION 1. Declaration of Policy. - Itis hereby declared the policy of the State to
give due recognition to the significance of the position of the Chief of Staff of the Armed
Forces of the Philippines (AFP) in order to promote the stability of the AFP as an institution
thereby enabling it to perform its constitutional mandate.

SEC. 2. Term of Office of the Chief of Staff. - The Chief of Staff of the AFP shall
have a fixed term of office of three (3) years. The term shall commence on the date of
appointment by the President, regardless of the date of confirmation by the Commission on
Appointments: Provided, That no officer shall be appointed Chief of Staff if said officer has
less than one (1) year remaining in the active service: Provided, further, That no extension of
term shall be allowed, except in cases of war or national emergencies as Congress may
declare.

When the officer appointed to the position of Chief of Staff (AFP) reaches the
compulsory retirement age before the end of the three-year term, the statutory compulsory

a)


retirement of the Chief of Staff (AFP) shall be deferred until the completion of the prescribed
three-year term: Provided, however, That the Chief of Staff, AFP may be removed by the
President as Commander in Chief for loss of confidence at any time before the end of the
term of three (3) years.

‘The fixed term provided herein shall apply to the Chiefs of Staff, AFP appointed by
the President after the effectivity of this Act.

The President shall select from among the officers in the grades of Major
General/Rear Admiral to Lieutenant General/Vice Admiral the officer who, in the judgment
of the President, is best qualified for the position of Chief of Staff.

SEC. 3. Rules and Regulations. - The Secretary of National Defense shall formulate
the rules and regulations necessary to implement the provisions of this Act.

SEC. 4. Repealing Clause. - All issuances, laws, decrees, orders, rules and

regulations, or parts thereof not consistent with this Act are hereby repealed or modified

accordingly.

SEC. 5. Effectivity. - This Act shall take effect fifteen (15) days following its

publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,