HOUSE F RoORESENTATVES

Republic of the Philippines" RECEIVED
HOUSE OF REPRESENTATIVES
Quezon City ate O07 JUL 2016
SEVENTEENTH CONGRES:
PEMSTRATION UNIT
First Regular Session * | Gti.S ana iO X SERVICE

House Bill No.__ 1256

Introduced by HON. ROZZANO RUFINO B. BIAZON:

EXPLANATORY NOTE

The Constitution, Executive Order No, 292 (Administrative Code of 1987) and other
laws provide for the general qualifications and limitations of the members of the Cabinet, The
purpose of such requirements is to ensure that the appointees possess the necessary skills,
expertise and integrity essential to the position,

General qualifications required of all department secretaries, in addition to those
presoribed in their respective charters, are prescribed in the Administrative Code of 1987.
However, in the case of the Secretary of the Department of National Defense, there is a
compelling need to emphasize further the supremacy of civilian authority over the military.

By prohibiting a former military officer from being appointed as Secretary of National
Defense (SND) within three (3) years after relief from active duty as a commissioned officer
of the Armed Forces of the Philippines (AFP), the position of SND will be shielded from
controversies arising from appointments, assignments, and other activities within the AFP.
By having no prior personal and professional relationships with the officers, the SND would
be more objective and impartial in policy formulation and determination. On the part of

r military officers, the prohibition shall also afford them sufficient time to adapt to
ian life,

fort

In view of the foregoing, passage of this bill is earnestly sought.

ROZZANO nul INO joe

Representative,
Lane District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 1256

Introduced by HON. ROZZANO RUFINO B. BIAZON

AN ACT
AMENDING THE ADMINISTRATIVE CODE OF 1987 BY PROHIBITING A
PERSON FROM BEING APPOINTED AS THE SECRETARY OF THE
DEPARTMENT OF NATIONAL DEFENSE WITHIN THE NEXT THREE (3)
YEARS AFTER RELIEF, SEPARATION OR RETIREMENT FROM ACTIVE DUTY
AS A COMMISSIONED OFFICER OF THE ARMED FORCES OF THE
PHILIPPINES (AFP)

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

Section 1. Section 45 of Chapter 10, Book IV of Executive Order No. 292, otherwise
known as the Administrative Code of 1987, is hereby amended to read as follows;,

“Section 45. Qualifications of Secretaries. ~ The Secretaries shall be
citizens of the Philippines and not less than twenty-five years of age.

IN THE CASE OF THE DEPARTMENT OF NATIONAL
DEFENSE, NO PERSON MAY BE APPOINTED AS SECRETARY
THEREOF WITHIN THE NEXT THREE (3) YEARS AFTER RELIEF,
SEPARATION OR RETIREMENT FROM ACTIVE DUTY AS A
COMMISSIONED OFFICER OF THE ARMED FORCES OF THE
PHILIPPINES (AFP).”

Sec. 2. Repealing Clause. - All laws, rules, regulations, orders, circulars and
‘memoranda inconsistent with this Act are hereby repealed or modified accordingly.

See. 3. Separability Clause. — If any provision of this Act or the application of such
provision is declared unconstitutional or invalid, the provisions not affected thereby shall
remain in full force and effect.

Sec. 4. Effectivity. - This Act shall take effect immediately upon approval:

Approved,