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EIGHTEENTH CONGRESS
First Regular Session

1734
HOUSE BILL NO.

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

The bill proposes the amendment of Section 5(a) of Presidential Decree No.
1638, entitled "Establishing A New System of Retirement and Separation for
Military Personnel of the Armed Forces of the Philippines (AFP) and for Other
Purposes," as amended by Presidential Decree No. 1650 which sets the
mandatory retirement age for military personnel and officers at 56 years old to
extend the compulsory retirement age to 65 years old.

It is recognized that the service provided by military officers and personnel is sui
generis in its very nature. Members of the AFP are often required to live away from
their families and are exposed to danger. They are also subject to extensive and
grueling physical and mental training throughout their careers. Hence, the State
constantly endeavors to provide them with compensation and benefits package in
consideration of their sacrifices, and a lower compulsory retirement age so that they
could still enjoy productive civilian lives with their families away from combat.

However, Presidential Decrees 1638 and 1650 which set the current retirement age
at 56 years old were issued almost four decades ago. Since then, technological
advancements in medicine and medical equipment have prolonged life expectancies
worldwide, and allowed individuals to live healthy lives even at advanced age. This


fact is reflected in a recent trend of increased compulsory retirement age among
several countries including Australia, Belgium, Germany, and several others. These
countries recently passed legislation to extend the compulsory retirement age to 67
years old.

This Representation finds it worthy to revisit the aforementioned laws and amend the
same to keep up with recent developments. A later compulsory retirement age of 65
years old would also allow the government to benefit from the experience and
expertise of our armed officers without necessarily requiring them to remain on the
battleground.

In consideration of the foregoing premises, the swift passage of this Bill is sought.

LUIS ” F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

1734
HOUSE BILL NO.

es
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

_—_—

AN ACT
ADJUSTING THE COMPULSORY RETIREMENT AGE FOR OFFICERS AND
ENLISTED MEN OF THE ARMED FORCES OF THE PHILIPPINES TO SIXTYFIVE
(65), AMENDING FOR THE PURPOSE SECTION 5 OF PRESIDENTIAL DECREE
NO. 1638 ENTITLED "ESTABLISHING A NEW SYSTEM OF RETIREMENT AND.
SEPARATION FOR MILITARY PERSONNEL OF THE ARMED FORCES OF THE
PHILIPPINES AND FOR OTHER PURPOSES" AS AMENDED

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

SECTION 1. Compulsory Retirement for Military Personnel. — Section 5(a) of
Presidential Decree No. 1638, entitled "Establishing A New System of Retirement and
Separation for Military Personnel of the Armed Forces of the Philippines and for Other
Purposes," as amended by Presidential Decree No. 1650, is hereby further amended
to read as follows:

"Sec. 5(a). Upon attaining [fifty-six (58)] SIXTY-FIVE (65) years of age or upon
accumulation of thirty (30) years of satisfactory active service, whichever is later, an
officer or enlisted man shall be compulsorily retired; Provided, That such officer or
enlisted-man who shall have attained [fifty-six (58)] SIXTY-FIVE years of age with at
least twenty (20) years of active service shall be allowed to complete thirty (30) years
of service but not beyond his [sixtieth (60th)] SEVENTIETH (70th) birthday; Provided,
however, That such military personnel compulsorily retiring by age shall have at least
twenty (20) years of active service:

Provided, further, That the compulsory retirement of an officer serving in a statutory
Position shall be deferred until completion of the tour of duty prescribed by law; and
Provided, finally. That the active service of military personnel may be extended by the


President, if in his opinion, such continued military service is for the good of the
service."

SECTION. 2. Repealing Clause. — All other laws, ordinances, rules, regulations,
issuances or parts thereof inconsistent with this Act are hereby repealed or modified
accordingly.

SECTION.3. Effectivity. — This Act shall take effect fifteen (15) days following its
Publication in at least (2) newspapers of general circulation.

Approved