SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
rll,"~r' 
(OlfHl' (If :1((' ;''Arrfrt.'lfV 
Second Regular Session 
) 
'15 
JAN 26 
1\11 :14 
SENATE 
Senate Bill No. 25 B 8 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
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 THREE (3) YEARS AFTER 
RETIREMENT FROM ACTIVE DUTY AS A COMMISSIONED OFFICER OF A 
REGULAR COMPONENT OF THE ARMED FORCES OF THE PHILIPPINES 
(AFP) 
EXPLANATORY NOTE 
The 1987 Constitution, Executive Order No. 292 or the Administrative 
Code of 1987 and other enabling laws provide for the general qualifications and 
limitations in the appointment 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 job. 
Section 45 of Chapter 10, Sub-Title II, Title VIII, Book IV of Executive 
Order No. 292, provides for the general qualifications required of all department 
secretaries. However, in case of the Secretary of the Department of National 
Defense, there is a need to further emphasize the constitutional mandate 
regarding ciVilian supremacy 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 a regular component of the Armed Forces of the 
Philippines (AFP), the position of SND will be shielded from controversies arising 
from appointments and assignments within the AFP. By having no prior personal 
and professional relationships with the officers, the SND would be more objective 
and impartial in policy determination and recommendations. On the part of former 
military officers, the prohibition shall also afford them sufficient time to adapt to 
civilian life. 
In view of the foregoing, passage of this bill is eamestly sought. 
OY EJERCITO ESTRADA 
Senator 


t ~, 
SIXTEENTH CONGRESS OF THE REPUBLIC) 
ttJHlrf ~Jf til" ~n'fttnfV 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'15 
JAN 26 All:14 
SENATE 
Senate Bill No. 2588 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
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 THREE (3) YEARS AFTER 
RETIREMENT FROM ACTIVE DUTY AS A COMMISSIONED OFFICER OF A 
REGULAR COMPONENT OF THE ARMED FORCES OF THE PHILIPPINES 
(AFP) 
Be It enacted by the Senate and House of Representatives of the Philippines In 
Congress assembled: 
1 
SECTION 1. Section 45 of Chapter 10, Sub-Title II, Title VIII, Book IV of 
2 
Executive Order No. 292, otherwise known as the Administrative Code of 1981, 
3 
is hereby amended by inserting a paragraph after the first paragraph thereof, to 
4 
read as follows. 
5 
6 
1 
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10 
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.15 
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21 
"Section 45. Qualifications of Secretaries. - The Secretaries shall be 
citizens of the Philippines and not less than twenty-five years of age. IN 
CASE OF THE DEPARTMENT OF NATIONAL DEFENSE, NO PERSON 
MAY BE APPOINTED AS THE SECRETARY THEREOF WITHIN THREE 
(3) 
YEARS 
AFTER 
RELIEF 
FROM 
ACTIVE 
DUTY 
AS 
A 
COMMISSIONED OFFICER OF A REGULAR COMPONENT 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. 
SEC. 3. 
Effectivity. - This Act shall take effect immediately upon 
approval. 
Approved.