NINETEENTH CONGRESS OF THE 
 ) 
REPUBLIC OF THE PHILIPPINES    
  ) 
First Regular Session     
 ) 
HOUSE OF REPRESENTATIVES 
H. No. _______
Introduced by Representative Raul C. Tupas 
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 
EXPLANATORY NOTE 
The 1987 Constitution enunciates that "the Government may call upon the 
people to defend the State and, in the fulfillment thereof, all citizens may be requested 
under conditions provided by law, to render personal, military, or civil service." 
Reservists are known to be among the first responders during disasters and 
calamities, conducting disaster response and rescue operations, and relief and 
rehabilitation efforts. During the Marawi siege in 2017, the Philippine Army 
mobilized two battalions from the Reserve Force. Although these Ready Reserve 
Units (RRUs) were not engaged in the actual fighting in the main battle area, they have 
provided manpower augmentation in support to the regular troops conducting 
operational activities. Unfortunately, some members of the Reserve Force in Marawi 
were refused to be accepted back by their employers after obeying the call to active 
service. 
This proposed measure aims to strengthen the employment rights of members 
of the Citizen Armed Forces or the Reserve Force of the Armed Forces of the Philippines 
(RF, AFP). It ensures non-discrimination in terms of employment, promotion, and 
reinstatement of Reservists who rendered military service, whether for training or 
mobilization. 
Some of the key provisions of the bill include the following: 
a.
Prevents and prohibits discrimination in employment on the basis of
rendering military service to the State;
b.
Grants employment rights to reservists with the following conditions:
•
Reservists who perform military service are entitled to their original
position (or similar position) without loss of seniority rights or
diminution of pay.
July 11, 2022
8:58 am
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NINETEENTH CONGRESS OF THE         ) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session     
) 
HOUSE OF REPRESENTATIVES 
H. No. _______
Introduced by Representative Raul C. Tupas 
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 
1 
GENERAL PROVISIONS 
2 
3 
SECTION 1. Short Title. – This Act shall be known as the “Reservist Employment Rights 
4 
Act”. 
5 
6 
SECTION 2. Declaration of Policy. – It is hereby declared the policy of the State to: 
7 
8 
(a) Strengthen the Citizen Armed Forces or the Reserve Force of the Armed Forces of
9 
the Philippines (AFP) and recognize its role in the mission areas of the AFP and in
10 
national security;
11 
12 
(b) Protect the rights of reservists, and prevent and prohibit discrimination on the basis
13 
of rendering military service to the State;
14 
15 
(c) Encourage service in the Reserve Force of the AFP by eliminating or minimizing
16 
the disadvantages to civilian careers and employment which can result from
17 
rendering military service to the State; and
18 
19 
(d) Ensure the observance of all employers of the rights of reservists called to perform
20 
military service to the State.
21 
22 
The prime duty of the State is to serve and protect the people. For this reason, the State 
23 
may call upon the people to defend the State, and in fulfillment thereof, may require its 
24 
citizens to render military or civil service under conditions provided by law. 
25 
26 
SECTION 3. Coverage. -  The provisions of this Act shall apply to all employers, whether 
27 
private or public, including all government agencies and political subdivisions as well as 
28 
government-owned and/or –controlled corporations and their subsidiaries, nongovernment 
29 
organizations, and other socioeconomic entities. 
30 
31 
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SECTION 4. Definition of terms. – As used in this Act, the following terms shall mean: 
1 
 
2 
(a) Active Duty Training – the compulsory or voluntary trainings for reserve units and/or 
3 
individual reservists provided by the AFP to update their working knowledge in the 
4 
current military organization, doctrines, and in tactics, techniques and procedures 
5 
or TTPS, in order to maintain a desirable state of readiness, enable them to satisfy 
6 
the active service-in-grade required for promotion to higher grades, and maintain a 
7 
level of proficiency and competency for those reservists designated as instructors 
8 
in Reserve Officers’ Training Corps (ROTC) and other reservists training programs; 
9 
 
10 
(b) Auxiliary Service- the voluntary performance of a service by a reservist for the 
11 
purpose of helping maintain local peace and order, meeting local insurgency and 
12 
terror threats for intelligence requirements, assisting in rescue and relief operations 
13 
during disasters and calamities, health welfare activities and participating in local 
14 
socioeconomic development projects; 
15 
 
16 
(c) Citizen Soldiers or Reservists- members of the Reserve Force of the AFP 
17 
composed of the following: 
18 
 
19 
1. Graduates of the ROTC basic and advance courses and who were issued 
20 
orders as enlisted reservists officers of the AFP; 
21 
 
22 
2. Graduates of authorized basic military training instructions who, as a result 
23 
thereof, were issued orders as enlisted reservists or reserve officers; 
24 
 
25 
3. Ex-servicemen and retired officers of the AFP who have been integrated into 
26 
the Reserve Force of the AFP; and 
27 
 
28 
4. Reservist officers and enlisted reservists including those procured under 
29 
existing laws and included in the present AFP rosters.  
30 
 
31 
There shall be three (3) categories of citizen soldiers or AFP reservists: the First Category 
32 
Reserve, the Second Category, and the Third Category Reserve based on age. 
33 
 
34 
1. First Category Reserve – The First Category Reserve shall be composed of 
35 
able-bodied reservists whose ages are between eighteen (18) years and thirsty-
36 
(35) years, inclusive. 
37 
 
38 
2. Second Category Reserve – The Second Category Reserve shall be composed 
39 
of able-bodied reservists whose ages are between thirty-six (36) years and fifty-
40 
one (51) years, inclusive. 
41 
 
42 
3. Third Category Reserve – The Third Category Reserve shall be composed of 
43 
able-bodied reservists who are above fifty-one (51) of age. 
44 
 
45 
Based on the categorization above, the Reserve Force units shall be further classified into 
46 
the Ready Reserve, the Standby Reserve, and the Retired Reserve based on their 
47 
operational readiness for immediate deployment/ utilization; 
48 
 
49 


 
(d) Employment – the act of hiring and continued engagement including the 
1 
reintegration of an employee called to military service to one’s former position, or if 
2 
not practicable to a substantially equivalent position, without loss of seniority rights 
3 
and diminution of pay;  
4 
 
5 
(e) Military Service – any service rendered by a citizen soldier or reservist to the State 
6 
upon orders of the AFP or call to active duty (CAD) to meet active duty training 
7 
(ADT) requirements, or for any purpose that the AFP leadership may deem 
8 
necessary in order to augment and support the Regular Force operations in times 
9 
of war, national emergency, or such other times as the national security requires; 
10 
 
11 
(f) Mobilization – the utilization of the Reserve Force of the AFP in times of emergency 
12 
to meet threats to national security; 
13 
 
14 
(g) Reintegration – the actual resumption of work of an employee after one’s military 
15 
service to one’s former position, or if not practicable to a substantially equivalent 
16 
position, without loss of seniority rights and diminution of pay; 
17 
 
18 
(h) Reserve Force – those composing of members of the reserve components of the 
19 
AFP; 
20 
 
21 
(i) Ready Reserve – citizen soldiers or reservists belonging mostly to the First 
22 
Category reserve who shall be organized, trained, and maintained as mobilizable 
23 
ready reserve subject to being called at any time to augment the regular armed 
24 
force of the AFP not only in times of war or national emergency but also to meet 
25 
local emergencies arising from calamities, disasters, and threats to peace, order, 
26 
security and stability in any locality, including the need to provide assistance in relief 
27 
and rescue work and other civil assistance activities;   
28 
 
29 
Furthermore, members of the AFP Affiliated Reserve units of various government and 
30 
private utilities and services considered essential for the preservation of economic stability 
31 
of the country or particular locality, such as power and electricity, water supply, 
32 
transportation and communications, among others, regardless of their categorization shall 
33 
be classified as Ready Reserve; 
34 
 
35 
All citizen soldiers belonging to the First Category Reserve, except those exempted under 
36 
Republic Act No. 7077, otherwise known as the “Citizen Armed Forces of the Philippines 
37 
Reservist Act”, and other pertinent policies, shall be required to serve with the Ready 
38 
Reserve units and will have assignments and promotions in accordance with existing 
39 
policies of the AFP until transferred to the Standby Reserve by virtue of their age; 
40 
 
41 
(j) Standby Reserve – citizen soldiers or reservists belonging mostly to the Second 
42 
Category Reserve and the Third Category Reserve. The members of the Standby 
43 
Reserve shall be organized and assigned to specific reserve units and shall be 
44 
maintained through annual assembly test to update their records and present 
45 
addresses, among others. The Standby Reserve may be mobilized or ordered to 
46 
active duty only in times of national emergency or war. The ranks of the members 
47 
of the Standby Reserve may be upgraded if they voluntarily participate in training 
48 
or serve with the Ready Reserve units in their areas or if their Standby Reserve unit 
49 
undergo retraining. They will however be encouraged to upgrade their military 
50 


 
knowledge and skills by taking up non-resident or resident courses which shall be 
1 
set up for the purpose; and  
2 
 
3 
(k) Retired Reserve – citizen soldiers who have qualified for retirement through length 
4 
of service, old age, or disability. For this purpose, sixty-five (65) years shall be 
5 
considered as the retirement age. However, if qualified and fit for duty, a member 
6 
of the Retired Reserve may be ordered to active duty in times of local or national 
7 
emergencies if one volunteers for active duty and when the Secretary of National 
8 
Defense determines that there are not enough qualified citizen soldiers with one’s 
9 
special skills and qualifications in the Ready Reserve or Standby Reserve in one’s 
10 
particular area of residence. 
11 
 
12 
CHAPTER 2 
13 
NON-DISCRIMINATION OF RESERVISTS 
14 
 
15 
SECTION 5. Anti-Reservists Discrimination. – 
16 
 
17 
(a) It shall be unlawful for an employer or those acting in the interest of the employer, 
18 
whether private or public, including all government agencies and political 
19 
subdivisions, as well as government-owned and/or –controlled corporations and 
20 
their subsidiaries, nongovernment organizations, and other socioeconomic entities 
21 
to: 
22 
 
23 
1. Discriminate against an individual in terms of compensation, terms and 
24 
conditions, or privileges of employment on account of such individual’s 
25 
membership, application for membership, performance of military 
26 
service, application for military service or obligation with the Reserve 
27 
Force of the AFP; 
28 
 
29 
2. Print or publish, or cause to be printed or published, in any form of media, 
30 
including the internet, any notice of advertisement relating to 
31 
employment suggesting preferences, limitations, specifications, and 
32 
discrimination based on membership, application for membership, 
33 
performance of military service, application for military service or 
34 
obligation with the Reserve Force of the AFP;  
35 
 
36 
3. Require the declaration of application for membership, or status of 
37 
membership in the Reserve Force of the AFP; 
38 
 
39 
4. Decline employment on the basis of membership in the Reserve Force 
40 
of the AFP; 
41 
 
42 
5. Deny any employee’s or worker’s promotion or opportunity for training 
43 
on the basis of membership, application for membership, performance 
44 
of military service, application for military service or obligation with the 
45 
reserve Force of the AFP; 
46 
 
47 
6. Lay off an employee or worker because of membership, application for 
48 
membership, performance of military service, application for military 
49 
service or obligation with the reserve Force of the AFP; or  
50 


 
7. Impose early retirement on the basis of such employee’s or worker’s 
1 
membership, application for membership, performance of military 
2 
service, application for military service or obligation with the reserve 
3 
Force of the AFP; 
4 
 
5 
(b) It shall be unlawful for labor contractor or subcontractor, if any, to refuse to refer for 
6 
employment or otherwise discriminate against any individual because of such 
7 
person’s membership, application for membership, performance of military service, 
8 
application for military service or obligation with the Reserve Force of the AFP; 
9 
 
10 
(c) It shall be unlawful for any organization to: 
11 
 
12 
1. Deny membership to any individual because of such person’s 
13 
membership, application for membership, performance of military 
14 
service, application for military service or obligation with the Reserve 
15 
Force of the AFP; 
16 
 
17 
2. Exclude from its membership any individual because of such person’s 
18 
membership, application for membership, performance of military 
19 
service or obligation with the Reserve Force of the AFP; or 
20 
 
21 
3. Cause or attempt to cause an employee to discriminate against an 
22 
individual in violation of this Act. 
23 
 
24 
(d) It shall be unlawful for a publisher to print or publish any notice of advertisement 
25 
relating to employment suggesting preferences, limitations, specifications, and 
26 
discrimination based on a person’s membership, application for membership, 
27 
performance of military service, application for military service or obligation with the 
28 
Reserve Force of the AFP.    
29 
 
30 
CHAPTER 3 
31 
EMPLOYMENT RIGHTS 
32 
 
33 
SECTION 6. Employment Rights of Citizen Soldiers/Reservist. – The following are the 
34 
rights of reservists who perform military service in the Reserve Force of the AFP. 
35 
 
36 
(a) Reservists who perform military service are entitled to their original position, or 
37 
when not practicable, to a substantially equivalent position, without loss of seniority 
38 
rights and diminution of their pay. 
39 
 
40 
(b) Military service shall not be considered a break in the employment for retirement 
41 
purposes or for granting benefits provided for under the Labor Code and other 
42 
special laws. 
43 
 
44 
(c) Reservists cannot be required to use earned or entitled vacation or service incentive 
45 
leaves for leave of absence in connection with the performance of military service 
46 
in the Reserve Force; and 
47 
 
48 
(d) Reservists who suffer any temporary or permanent disability due to military service 
49 
shall not be denied reintegration if such employee can still perform the essential 
50 


 
functions of their original employment, whether with or without reasonable 
1 
accommodations. 
2 
 
3 
SECTION 7. Hiring of Substitute Employee. – An employer whose reservist employee 
4 
is called to military service may hire another employee as substitute during the period of 
5 
the military service of the reservist employee. 
6 
 
7 
The employment of the substitute employee shall be deemed terminated upon the 
8 
reintegration of the reservist employee. The employer or those acting in the interest of the 
9 
employee may, however, consider the substitute employee for another position, if 
10 
practicable.  
11 
 
12 
SECTION 8. Reintegration Duty of an Employer. – It shall be the duty of the employer, 
13 
or those acting in the interest of the employer, to reintegrate reservists returning from 
14 
military service to their former position, or when not practicable to a substantially equivalent 
15 
position, without loss of seniority rights and diminution of their pay. 
16 
 
17 
SECTION 9. Conditions for Reintegration of Reservists. – Reservists shall be entitled 
18 
the reintegration as provided in Section 8 of this Act, subject to the following conditions: 
19 
 
20 
(a) The reservist has rendered or performed military service as a member of the 
21 
Reserve Force of the AFP. 
22 
 
23 
(b) The employer, or those acting in the interest of the employer, has been given a 
24 
written notice by the AFP or the reservist which, if practicable, shall indicate the 
25 
duration of military service, at least thirty (30) days prior to departing for military 
26 
service unless precluded by military necessity, except when under all of the relevant 
27 
circumstances, the timely provision of notice is otherwise impossible or 
28 
unreasonable; 
29 
 
30 
(c) The employer, or those acting in the interest of the employer, shall immediately 
31 
reintegrate the reservist after the latter is officially discharged from military service 
32 
in accordance with the notice issued by the AFP; and 
33 
 
34 
(d) The employer, or those acting in the interest of the employer, shall provide its 
35 
reservist employee the prevailing salary or wage at the time of reintegration of the 
36 
reservist. 
37 
 
38 
In a timely manner, the AFP shall issue and provide the pertinent notices and documents 
39 
to reservists and their employers, and those acting in the interest of the employers, to 
40 
facilitate the reintegration of the reservists to their employment. 
41 
 
42 
SECTION 10. Period to Notify of intent to Return. – Reservists are hereby required to 
43 
notify their employers, or those acting in the interest of the employers, of their intent to 
44 
return to work subject to the following circumstances and conditions: 
45 
 
46 
(a) In the case of reservists called to military service for a definite period when indicated 
47 
in the call for active duty training or such other notice issued by the AFP, the 
48 
employer, or those acting in the interest of the employer, shall be deemed notified 
49 


 
of the intent to return when furnished a copy of the pertinent notice from the AFP 
1 
prior to the absence of the reservist for military service; 
2 
 
3 
(b) In the case of reservists called to military service for an indefinite period when not 
4 
indicated in the call for active duty training or such other notices issued by the AFP, 
5 
the employer, or those acting in the interest of the employer, shall be deemed 
6 
notified of the intent to return when furnished a copy of the pertinent notice from the 
7 
AFP indicating the impending discharge of reservists at least fifteen (15) days prior 
8 
to the end of the military service. Provided, that the reservists shall not be deemed 
9 
ineligible when circumstances do not permit the timely prior notification of absence 
10 
due to military service and/or intent to return of a reservists in compliance with this 
11 
provision in accordance with Sections 9(b) and 9(d) of this Act: Provided, further, 
12 
That reservists who suffer from illness or injury incurred in, or aggravated during 
13 
the performance of military service shall be allowed to indicate their desire to return 
14 
to their former position within a reasonable time as prescribed  by a military doctor: 
15 
Provided, finally, That the AFP shall ensure that its policies and administrative 
16 
processes, whenever practicable, allow for least fifteen (15) days prior notification 
17 
of employers, or those acting in their interest, of the absence of reservists for 
18 
military service and their capacity and intent to return to their employment. 
19 
 
20 
SECTION 11. Compensation for Non-Reintegration of Reservists. – In cases of 
21 
authorized causes or circumstances, subject to the determination and approval of 
22 
Department of Labor and Employment (DOLE), where reintegration is impossible or 
23 
unreasonable, the reservist shall be entitled to at least three (3) months’ worth of basic 
24 
salary or to a separation pay equivalent to one-month basic salary per year of service, 
25 
whichever is higher. 
26 
 
27 
SECTION 12. Compensation of Reservists for Military Service. – In order to enhance 
28 
the general welfare, commitment to service and professionalism of the members of the 
29 
Reserve Force of the AFP, the reservist rendering military service shall be entitled to the 
30 
base pay commensurate to their rank consistent with their counterpart in the regular force.  
31 
 
32 
The mother agency of the reservist shall promptly pay and remit the reservist employee’s 
33 
premium contributions, based on one’s salary, during the absence due to military service, 
34 
whether to the Government Service Insurance System (GSIS), the Pagtutulungan sa 
35 
Kinabukasan: Ikaw, Bangko, Industriya, at Gobyerno (PAG-IBIG), Philippine Health 
36 
Insurance Corporation (PhilHealth), and all pertinent contributions related to the 
37 
employment, and shall not reflect any gap in contributions in the records. 
38 
 
39 
Reservists shall have the option to pay their Social Security System (SSS) contributions 
40 
as a voluntary paying SSS member to avoid any gap in their contribution records and afford 
41 
their full entitlement to SSS benefits in accordance with existing guidelines. 
42 
 
43 
The AFP shall establish the necessary administrative process to assist reservists in the 
44 
timely remittance of pertinent contributions, whether mandatory or voluntary. 
45 
 
46 
SECTION 13. Multi-stakeholder Engagements and Advocacies. – The Department of 
47 
National Defense (DND) and the AFP shall strengthen coordination and cooperation 
48 
among stakeholders through a sustained and comprehensive advocacy campaign for the 
49 


 
purpose of ensuring that the employment rights of reservists are understood and protected 
1 
by all concerned. 
2 
 
3 
For this purpose, the Department of Budget and Management (DBM), in consultation with 
4 
the DND and the AFP, shall create the necessary plantilla or non-tenured positions. The 
5 
necessary funds for the implementation of this provision shall be included in the budget of 
6 
the DND and AFP in the annual General Appropriations Act. 
7 
 
8 
SECTION 14. Tax Benefits and Incentives. – The Department of Finance (DOF), in 
9 
coordination with the DND, AFP, and other appropriate government agencies, shall 
10 
develop the appropriate rules and regulations on the provision of tax benefits and 
11 
incentives based on justified costs and expenses by employers associated with 
12 
organizational adjustments borne out of the absence of reservists in an organization in 
13 
compliance with this Act, Republic Act No.7077, and other appropriate laws, rules, and 
14 
regulations. 
15 
 
16 
SECTION 15. Administrative Fines and Penalties. – The violation of any of the provision 
17 
of this Act shall be punished with a fine of not less than Fifty thousand pesos (50,000.00) 
18 
but not more than One million pesos (P1,000,000.00), or imprisonment of not less than 
19 
three (3) months but not more than two (2) years, or both, at the discretion of the court. If 
20 
the offense is committed by a corporation, trust, firm, partnership or association or other 
21 
entity, the penalty shall be imposed upon the responsible officer or officers of such 
22 
corporation, trust, firm, partnership or association or entity. 
23 
 
24 
SECTION 16. Military Duty Leave. -  Every reservist shall be entitled to a leave of seven 
25 
(7) days with pay per year for purposes of military training or military activities. This shall 
26 
be on top of applicable leaves entitled to a reservist from one’s employer. 
27 
 
28 
CHAPTER 4 
29 
FINAL PROVISIONS 
30 
 
31 
SECTION 17. Appropriations. – The amount necessary for the immediate and effective 
32 
implementation of this Act shall be charged against any available funds of the DND and 
33 
the AFP. Thereafter, such sums as may be necessary for the implementation of this Act 
34 
shall be included in the annual appropriations of the AFP. 
35 
 
36 
SECTION 18. Implementing Rules and Regulations. – Within sixty (60) days from the 
37 
effectivity of this Act, the DOLE shall, in coordination with the DND, the AFP, the Civil 
38 
Service Commission (CSC) and appropriate government agencies promulgate the rules 
39 
and regulations for the effective implementation of this Act. 
40 
 
41 
SECTION 19. Separability Clause. – Should any provision herein be declared 
42 
unconstitutional, the same shall not affect the validity of the other provisions of this Act. 
43 
 
44 
SECTION 20. Repealing Clause. – All laws, decrees, orders, rules and regulations, or 
45 
other issuances or parts inconsistent with the provisions of this Act are hereby repealed, 
46 
amended, or modified accordingly. 
47 
 
48 
SECTION 21. Effectivity Clause. – This Act shall take effect in fifteen (15) days after 
49 
publication in the Official Gazette or in a newspaper of general circulation in the Philippines. 
50 


 
Approved, 
1