EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
)
S E N A T E
s. No. 1203
ol il)c frfcrH « rf
*19 NOV 27 P3 29
TEC
In tro d u ce d  by SENATOR RAMON BONG REVILLA, JR.
AN ACT
AN ACT STRENGTHENING THE EMPLOYMENT RIGHTS FOR MEMBERS OF 
THE CITIZEN ARMED FORCES OR THE RESERVE FORCE OF THE ARMED 
FORCES OF THE PHILIPPINES AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The Marawi siege in May 2017 was one of the biggest security crisis the Armed 
Forces of the Philippines (AFP) has experienced. The five-month-long armed conflict 
in Marawi claimed over a thousand lives, civilians as well as from our armed forces, 
and forced thousands to flee.
The Armed Forces of the Philippines mobilized around two whole battalions 
from its Reserve Force to work alongside our regular force of the Armed Forces of the 
Philippines and help fight against terrorists in a war that drew out for months. Crisis 
such as this is clouded in uncertainty on the duration thus, reservists called out to 
serve have no guarantee when it will end, putting their lives at stake, not knowing if 
they will end the battle dead or alive.
The risk for reservists to lose their civilian careers when they render military 
service for our State, despite fighting for the country, is unforgiving. The siege created 
a problem making it difficult for the reservists to reintegrate back to their old jobs, 
since there is no current law covering that.
This bill seeks to strengthen the employment rights of Citizen Armed Forces or 
the Reserve Force of the AFP to give recognition to its role in mission areas and in 
national security. It aims to ensure the security of tenure of reservists and entitle them 
to their original position or substantially equivalent position, without loss of seniority 
rights and diminution of pay. It also intends to institute programs that will protect 
current and prospective reservists from discrimination in terms of job hiring, 
reinstatement, promotion, or any benefit of employment on the basis of rendering 
military service for our country.
With this measure, the government can strengthen Its advocacy on reservist 
employment rights and ensure that the men who have heed the call to service are 
given the what they deserve.


In view of the foregoing, the passage of this bill into law is earnestly sought.
RAMON/BONG REVILLA 3R,


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
)
^ c n a ie
Ot tljc ^rtrrlar?
S E N A T E
S. No. 1203
*19 NOV 27 P3 29
REC -
1 1 1;
In tro d u ce d  by SENATOR RAMON BONG REVILLA, JR.
AN ACT
AN ACT STRENGTHENING THE EMPLOYMENT RIGHTS FOR 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 o f Representatives o f the Philippines in 
Congress assembled:
1 
Section 1. Short Title. -  This Act shall be known as the "Reservist Employment
2 
Rights Act".
3 
Sec. 2. Declaration o f Policy. — It is hereby declared the policy of the State to:
4 
a. Strengthen the Citizen Armed Forces or the Reserve Force of the Armed
5 
Forces of the Philippines (AFP) and recognize its role in the mission areas of
6 
the AFP and in national security;
7 
b. Protect the rights of reservists, and prevent and prohibit discrimination on
8 
the basis of rendering military service to the State;
9 
c. Encourage service in the AFP Reserve Force by eliminating or minimizing the
10 
disadvantages to civilian careers and employment which can result from
11 
rendering military service to the State; and
12 
d. Ensure the observance of all employers of the rights of reservists called to
13 
perform military service to the State, while the overall operation of their
14 
organization is not severely prejudiced.
15


3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
1
2
Sec. 3. Coverage. — The provisions of this Act shall apply to all employers, 
whether private or public, including all government agencies and political subdivisions 
as well as government-owned and/or -controlled corporations and their subsidiaries, 
nongovernment organizations, and other socioeconomic entities.
mean:
Sec. 4. Definition o f Terms. — As used in this Act, the following terms shall
a) Active Duty Training — the compulsory or voluntary trainings for reserve 
units and/or individual reservists provided by the AFP to update their 
working knowledge in the current military organization, doctrines, 
tactics, techniques and procedures or TTPs, in order to maintain a 
desirable state of readiness, enable them to satisfy the active service-in­
grade required for promotion to higher grades, and maintain a level of 
proficiency and 
competency for those reservists designated 
as 
instructors in Reserve Officers' Training Corps (ROTC) and other 
reservists training programs;
b) Auxiliary Service — the voluntary performance of a service by a reservist 
for the purpose of helping maintain local peace and order, meeting local 
insurgency and terror threats for intelligence requirements, assisting in 
rescue and relief operations during disasters and calamities, health 
welfare activities and participating in local socioeconomic development 
projects;
c) Citizen Soldier or Reservist — members of the Reserve Force of the AFP 
composed of the following;
a. Graduates of the ROTC basic and advance courses and who were 
issued orders as enlisted reservists or reserve officers of the AFP; 
(2) Graduates of authorized basic military training instructions 
who, as a result thereof, were issued orders as enlisted reservists 
or reserve officers;
b. Ex-servicemen and retired officers of the AFP who have been 
incorporated into the Reserve Force of the AFP; and


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
c. Reservist officers and enlisted reservists including those procured 
under existing laws and included in the present AFP roster.
There shall be three (3) categories of citizen soldiers or 
AFP reservists: the First Category Reserve, the Second Category 
Reserve, and the Third Category Reserve based on age.
1. First Category Reserve —  The First Category Reserve shall be 
composed of able-bodied reservist whose ages are between 
eighteen (18) years and thirty- five (35) years, inclusive.
2. Second Category Reserve — The Second Category Reserve shall 
be composed of able-bodied reservist whose ages are between 
thirty-six (36) years and fifty- one (51) years, inclusive.
3. Third Category Reserve - The Third Category Reserve shall be 
composed of able- bodied reservist who are above fifty-one years 
(51) of age.
Based on the categorization above, the Reserve Force units 
shall further be classified into the Ready Reserve, the Standby 
Reserve, and the Retired Reserve based on their operational 
readiness for immediate deployment/ utilization.
d. Employment — the act of hiring, and continued engagement 
including the reintegration of an employee called to military 
service to his or her former position, or if not practicable to a 
substantially equivalent position, without loss of seniority rights 
and diminution of pay:
e. 
Military Service — any semce rendered by a citizen soldier or 
reservist to the State upon orders of the AFP or call to active duty 
(CAD) to meet active duty training (ADT) requirements, or for any 
purpose that the AFP leadership may deem necessary in order to 
augment and support the Regular Force operations in times of 
war, national emergency or such other times as the national 
security requires;
f. 
Mobilization — the utilization of the Reserve Force of the AFP in 
times of emergency to meet threats to national security;


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16 
17 
IS
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
1
g. Reintegration — the actual resumption of work of an employee 
after his or her military service to his or her former position, or if 
not practicable to a substantially equivalent position, without loss 
of seniority rights and diminution of pay;
h. Reserve Force — those composing of members of the reserve 
components of the AFP;
i. 
Ready Reserve — citizen soldiers or reservists belonging mostly 
to the First Category reserve, who shall be organized, trained and 
maintained as mobilize- able ready reserve subject to being called 
at any time to augment the regular armed force of the AFP not 
only in times of war or national emergency but also to meet local 
emergencies arising from calamities, disasters and threats to 
peace, order, security and stability in any locality, including the 
need to provide assistance in relief and rescue work and other 
civil assistance activities:
Furthermore, members of the AFP Affiliated Reserve units 
of various government and 
private utilities and services 
considered essential for the preservation of economic Stability of 
the country or particular locality, such as power and electricity, 
water supply, transportation and communications, among others, 
regardless of their categorization shall be classified as Ready 
Reserve;
All citizen soldiers belonging to the First Category Reserve, 
except those exempted under Republic Act No. 7077, otherwise 
known as the "Citizen Armed Forces of the Philippines Reservist 
Act", and other pertinent policies, shall be required to serve with 
the Ready Reserve units and will have assignments and 
promotions in accordance with existing policies of the AFP until 
transferred to the Standby Reserve by virtue of their age;
j. 
Standby Reserve — citizen soldiers or reservists belonging mostly 
to the Second Category Reserve and the Third Category Reserve. 
The members of the Standby Reserve shall be organized and


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
1
assigned to specific reserve units and shall be maintained through 
annual assembly test to update their records and present 
addresses, among others. The Standby Reserve may be mobilized 
or ordered to active duty only in times of national emergency or 
war. The ranks of the members of the Standby Reserve may be 
upgraded if they voluntarily participate in training or sen/e with 
the Ready Reserve units in their areas or if their Standby Reserve 
unit undergo retraining. They will however be encouraged to 
upgrade their military knowledge and skills by taking up non­
resident or resident courses which shall be set up for the purpose; 
and
k. Retired Reserve - citizen soldiers who have qualified for 
retirement through length of service, old age or disability. For this 
purpose, sixty-five (65) years shall be considered as the 
retirement age. However, if qualified and fit for duty, a member 
of the Retired Reserve may be ordered to active duty in times of 
local or national emergencies if he/she volunteers for active duty 
and when the Secretary of National Defense determines that 
there are not enough qualified citizen soldiers with his/her special 
skills and qualifications in the Ready Reserve or Standby Reserve 
in his/her particular area of residence.
Sec. 5. Anti-Reservists Discrimination. —
a. It shall be unlawful for an employer, or those acting in the interest of 
the employer, whether private or public, including all government 
agencies and political subdivisions, as well as government-owned and/or 
-controlled 
corporations 
and 
their 
subsidiaries, 
nongovernment 
organizations, and other socioeconomic entities to:
l. Discriminate against an individual in terms of compensation, 
terms and conditions, or privileges of employment on account of 
such individual's membership, application for membership, 
performance of military service, application for military service or 
obligation with the Reserve Force of the AFP:


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
1
2. Print or publish, or cause to be printed or published, in any form 
of media, including the internet, any notice of advertisement 
relating to employment suggesting preferences, limitations, 
specifications, 
and 
discrimination 
based 
on 
membership, 
application for membership, performance of military service, 
application for military ser\'ice or obligation with the Reserve 
Force of the AFP;
3. Require the declaration of application for membership, or status 
of membership in the Reserve Force of the AFP;
4. Decline employment on the basis of membership in the Reserve 
Force of the AFP;
5. Deny any employee's or worker's promotion or opportunity for 
training on the basis of membership, application for membership, 
performance of military service, application for military service or 
obligation with the Reserve Force of the AFP;
6. Lay off an employee or worker because of membership, 
application for membership, performance of military service, 
application for military service or obligation with the Reserve 
Force of the AFP: or
7. Impose early retirement on the basis of such employee's or 
worker's membership, application for membership, performance 
of military service, application for military service or obligation 
with the Reserve Force of the AFP.
8. It shall be unlawful for a labor contractor or subcontractor, if any, 
to refuse to refer for employment or otherwise discriminate 
against any individual because of such person's membership, 
application for membership, performance of military service, 
application for military service or obligation with the Reserve 
Force of the AFP;
9. It shall be unlawful for any organization to:
i. Deny membership to any individual because of such 
person's 
membership, 
application 
for 
membership.


1 
performance of military service, application for military
2 
service or obligation with the Reserve Force of the AFP:
3 
ii. Exclude from its membership any individual because of
4 
such person's membership, application for membership,
5 
performance of military service, application for military
6 
service or obligation with the Reserve Force of the AFP; or
7 
(3) Cause or attempt to cause an employer to discriminate
8 
against an individual in violation of this Act.
9 
iii. It shall be unlawful for a publisher to print or publish any
10 
notice of advertisement relating to employment suggesting
11 
preferences, limitations, specifications, and discrimination
12 
based 
on 
a 
person's 
membership, 
application 
for
13 
membership, performance of military service, application
14 
for military service or obligation with the Reserve Force of
15 
the AFP.
16 
Sec. 6. Employment Rights o f Citizen Soidiers/Resen/ist. — The following are
17 
the rights of reservists who perform military service in the Reserve Force of the AFP:
18 
a. Reservists who perform military service are entitled to their original position, or
19 
when not practicable to a substantially equivalent position, without loss of
20 
seniority rights and diminution of their pay:
21 
b. Military service shall not be considered a break in the employment for
22 
retirement purposes or for granting benefits provided for under the Labor Code
23 
and other special laws;
24 
c. Reservists cannot be required to use earned or entitled vacation or service
25 
incentive leaves for leave of absence in connection with the performance of
26 
military service in the Reserve Force; and
27 
d. Reservists who suffer any temporary or permanent disability due to military
28 
service shall not be denied reintegration if such employee can still perform the
29 
essential functions of their original employment, whether with or without
30 
reasonable accommodations


1 
Sec. 7. Hiring o f Substitute Employee. — An employer whose reservist employee
2 
is called to military service may hire another employee as substitute during the period
3 
of the military service of the reservist employee.
4 
The employment of the substitute employee shall be deemed terminated upon
5 
the reintegration of the reservist employee. The employer, or those acting in the
6 
interest of the employer may, however, consider the substitute employee for another
7 
position, if practicable.
8 
Sec. 8. Reintegration Duty o f an Employer. — It shall be the duty of the
9 
employer, or those acting in the interest of the employer, to reintegrate reservists
10 
returning from military service to their former position, or when not practicable to a
11 
substantially equivalent position, without loss of seniority rights and diminution of their
12 
pay.
13 
Sec. 9. Conditions for Reintegration o f Reservists. — Reservists shall be entitled
14 
to reintegration as provided in Section 8 of this Act, subject to the following conditions:
15 
a. The reservist has rendered or performed military service as a member of the
16 
Reserve Force of the AFP;
17 
b. The employer, or those acting in the interest of the employer, has been given
18 
a written notice by the AFP or the reservist, which if practicable shall indicate
19 
the duration of military service, at least thirty (30) days prior to departing for
20 
military service unless precluded by military necessity, or under all of the
21 
relevant circumstances, the timely provision of notice is otherwise impossible
22 
or unreasonable;
23 
c. The employer, or those acting in the interest of the employer, shall immediately
24 
reintegrate the reservist after he or she is officially discharged from military
25 
service in accordance with the notice issued by the AFP; and
26 
d. The employer, or those acting in the interest of the employer, shall provide its
27 
reservist employee the prevailing salary or wage at the time of reintegration of
28 
the reservist.
29 
The AFP shall issue and provide the pertinent notices and documents to
30 
reservists and their employers, and those acting in the interest of the employers, in a
31 
timely manner to facilitate the reintegration of the reservists to their employment.


1 
Sec. 10. Period to Notify o f Intent to Return. — Reservists are hereby required
2 
to notify their employers, or those acting in the interest of the employer, of their intent
3 
to return to work subject to the following circumstances and conditions:
4 
a. 
In the case of reservists called to military service for a definite period
5 
when indicated in the call for active duty training or such other notice
6 
issued by the AFP, the employer, or those acting in the interest of the
7 
employer, shall be deemed notified of the intent to return when
8 
furnished a copy of the pertinent notice from the AFP prior to the
9 
absence of the resen/ist for military service;
10 
b. 
In the case of reservists called to military service for an indefinite
11 
period when not indicated in the call for active duty training or such
12 
other notices issued by the AFP, the employer, or those acting in the
13 
interest of the employer, shall be deemed notified of the intent to
14 
return when furnished a copy of the pertinent notice from the AFP
15 
indicating the impending discharge of reservists at least fifteen (15)
16 
days prior to the end of the military service: Provided, That the
17 
reservists shall not be deemed ineligible when circumstances do not
18 
permit the timely prior notification of absence due to military service
19 
and/or intent to return of a reservist in compliance with this provision
20 
in accordance with Sections 9(b) and 9(d) of this Act: Provided,
21 
further. That reservists who suffer from illness or injury incurred in,
22 
or aggravated during, the performance of military service shall be
23 
allowed to indicate their desire to return to their former position within
24 
a reasonable time as prescribed by a military doctor: Provided, finally,
25 
That the AFP shall ensure that its policies and administrative
26 
processes, whenever practicable, allow for at least fifteen (15) days
27 
prior notification of employers, or those acting in their interest, of the
28 
absence of reservists for military service and their capacity and intent
29 
to return to their employment.
30 
Sec. 11. Compensation for Non-Reintegration o f Reservists. — In cases of
31 
authorized causes or circumstances, subject to the determination and approval of
32 
Department of Labor and Employment (DOLE), where reintegration is impossible or


1 
unreasonable, the reservist shall be entitled to at least three (3) months' worth of his
2 
or her basic salary or to a separation pay equivalent to his or her one-month basic
3 
saiary per year of service, whichever is higher.
4 
Sec. 12. Compensation o f Reservists for Miiitary Service. — order to enhance
5 
the general welfare, commitment to service and professionalism of the members of
6 
the Reserve Force of the AFP, the reservist rendering military service shall be entitled
7 
to the base pay commensurate to their rank consistent with their counterpart in the
8 
regular force.
9 
The mother agency of the reservist shali promptly pay and remit the reservist
10 
employees' premium contributions, based on his or her salary, during their absence
11 
due to military service, whether to the Government Service Insurance System (GSIS),
12 
PAG- IBIG, Philippine Health Insurance Corporation (PhilHealth), and all pertinent
13 
contributions related to his or her employment, and shall not reflect any gap in
14 
contributions in the records.
15 
Reservists shall have the option to pay their Social Security System (SSS)
16 
contributions as a voluntary paying SSS member to avoid any gap in their contribution
17 
records and afford their full entitlement to SSS benefits in accordance with existing
18 
guidelines.
19 
The AFP shall establish the necessary administrative process to assist reservists
20 
in the timely remittance of pertinent contributions, whether mandatory or voiuntary.
21 
Sec. 13. Muiti-stakehoider Engagements and Advocacies. - The Department of
22 
National Defense (DND) and AFP shall strengthen coordination and cooperation
23 
among stakeholders through a sustained and comprehensive advocacy campaign for
24 
the purpose of ensuring that the employment rights of reservists are understood and
25 
protected by all concerned.
26 
For this purpose, the Department of Budget and Management (DBM), in
27 
consuitation with the DND and the AFP, shall create the necessary plantilla or non-
28 
tenured positions. The necessary funds for the implementation of this provision shall
29 
be included in the budget of the DND and AFP in the annual General Appropriations
30 
Act.
31 
Sec. 14. Tax Benefits and Incentives. - The Department of Finance (DOF), in
32 
coordination with the DND, AFP, and other appropriate government agencies, shall
10


1 
develop the appropriate rules and regulations on the provision of tax benefits and
2 
incentives based on justified costs and expenses by employers associated with
3 
organizational adjustments borne out of the absence of reservists in an organization
4 
in compliance with this Act, Republic Act No. 7077, and other appropriate laws, rules,
5 
and regulations,
6 
Sec. 15. Administrative Fines and Penalties. — Violation of any of the provision
7 
of this Act shall be punished with a fine of not less than Fifty thousand pesos
8 
(P50,000.00) but not more than One million pesos (P I,000,000.00), or imprisonment
9 
of not less than three (3) months but not more than two (2) years, or both, at the
10 
discretion of the court. If the offense is committed by a corporation, trust, firm,
11 
partnership or association or other entity, the penalty shall be imposed upon the
12 
responsible officer or officers of such corporation, trust, firm, partnership or
13 
association or entity.
14 
Sec. 16. Military Duty Leave. — Every reservist shall be entitled to a leave of
15 
seven (7) days with pay per year for the purposes of military training or military
16 
activities. This shall be on top of applicable leaves entitled to a resen/ist from his or
17 
her employer.
18 
Sec. 17. Appropriations. - The amount necessary for the immediate and
19 
effective implementation of this Act shall be charged against any available funds of
20 
the DND and the AFP. Thereafter, such sums as may be necessary for the
21 
implementation of this Act shall be included in the annual appropriations of the AFP.
22 
Sec. 18. Implementing Rules and Regulations. — Within sixty (60) days from
23 
the effectivity of this Act, the DOLE in coordination with the DND, the AFP, the Civil
24 
Service Commission (CSC) and appropriate government agencies shall promulgate the
25 
rules and regulations for the effective implementation of this Act.
26 
Sec. 19. Separability Clause. — Should any provision herein be declared
27 
unconstitutional, the same shall not affect the validity of the other provisions of this
28 
Act.
29 
Sec. 20. Repealing Cause. - All laws, decrees, orders, rules, and regulations
30 
or other issuances or parts inconsistent with the provisions of this Act are hereby
31 
repealed, amended, or modified accordingly.
11


3
4
5
1
2
Sec. 21. Effectivity Clause. - This Act shall take effect in fifteen (15) days after 
publication in the Official Gazette or in one (1) newspaper of general circulation in the 
Philippines.
Approved,
12