SEVENTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
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KOfl'i-f nf 
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OCT 25 
P3 32
S.B. No
S E N A T E
1607
RECLiVlD i ‘..
Introduced by; Senator Paolo Benigno "Bam " A. Aquino IV
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
On May 23, 2017, we were shocked by the news that the city of Marawi was besieged 
by terrorists carrying the flag of ISIS.
To ensure the safety o f fellow Filipinos, our brave men and women in uniform put their 
lives on the line to evacuate civilians, now refugees, from  Marawi City and engage the terrorists 
in a five-month battle to win back the city and defend the country's sovereignty.
Among these heroes is reservist Roberto Almario, a 48-year-old businessman who 
tem porarily left his life as an entrepreneur, his supportive wife, and his tw o worried children to 
report for active service as lieutenant colonel in the Army reserve.
Almario was not the only reservist in the battlefield helping take back in Marawi City.
The Armed Forces o f the Philippines mobilized tw o whole battalions from  its Reserve 
Force to work alongside our regular force of the Armed Forces of the Philippines and help 
thw art terrorism. These citizen soldiers put their lives on the line to help keep our country safe.
Unfortunately, reservists risk losing their civilian careers when they render m ilitary 
service for our State. This is the gap in protection that we, together w ith AFP, aim to correct 
through the Reservist Employment Rights Act.


This measure aims to protect current and prospective reservists from  discrimination in 
terms of job hiring, reinstatement, prom otion, or any benefit of employment on the basis of 
rendering m ilitary service for the State.
It ensures that reservists will be reinstated to their civilian careers by the end of their 
required military service, whether for training or mobilization purposes.
Under the bill, reservists shall be entitled reinstatement to their original position, or to a 
substantially equivalent position, w ithout loss of seniority rights, and dim inution of pay.
This bill also ensures that companies cannot require reservists to use their standard 
leave credits entitled them for absences for the m ilitary service they are required to render.
Furthermore, the bill protects reservists who suffered any injury or disability as they 
would still be entitled to reinstatement as long as they can perform the essential function of 
their original employment.
The measure also gives adequate training for reservists, compensation for non­
reinstatement and m ilitary service, and protection through penalties for discrimination on the 
basis of their current or prospective membership in the Reserve Force of the AFP.
Our reservists make tremendous sacrifices each tim e they respond to the State's called 
to duty.
We owe it to these courageous Filipinos to professionalize the Reserve Force and assure 
them  their employment rights.
Let's give our Reservists the legal rights and protections they deserve.
In view of the foregoing, the passage of this measure is earnestly sought.
u-fuc/^r-
Senator PaonTBenigno "Bam" Aquino IV


SEVENTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
)
S E N A T E
S.B.NO. 
1607
RECti\/uD
ol I II' • 
.•(i'rp
’17 
OCT 25 P3'3Z
-
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t
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Introduced by: Senator Paolo Benigno "Bam " A. Aquino IV
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
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Be it enacted by the Senate and the House of Representatives o f the Philippines in Congress 
assembled:
CHAPTER 1
GENERAL PROVISIONS
SECTION 1. Short Title. -  This Act shall be known as the "Reservist Employment Rights Act". 
SECTION 2. Declaration o f Policy. -  It is hereby declared the policy of the State to:
a. Strengthen the Citizen Armed Forces or the Reserve Force of the Armed Forces of the 
Philippines (AFP) and recognize its role in the mission areas of the AFP and in national 
security;
b. Protect the rights of reservists, and prevent and prohibit discrimination on the basis of 
rendering m ilitary service to the State;
c. 
Encourage service in the AFP Reserve Force by eliminating or minimizing the 
disadvantages to civilian careers and employment which can result from  rendering 
military service to the State; and
d. Ensure the observance of all employers of the rights of reservists called to perform 
military service to the State, while the overall operation o f their organization are not 
severely prejudiced.


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The prime duty of the State is to serve and protect the people. For this reason, the State may
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call upon the people to defend the State, and in fulfillm ent thereof, may require its citizens to
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render military or civil service under conditions provided by law.
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SECTION 3. Coverage. -  The provisions of this Act shall apply to all employers, whether private
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or public, including all government agencies and political subdivisions as well as government-
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owned or controlled corporations.
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SECTION 4. Definitions. -  As used in this Act, the following terms shall mean:
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a. Active Duty Training -  trainings aimed at improving the competence and skills of officers 
and enlisted reservists to fill the needs of the Armed Forces of the Philippines (AFP) in 
tim e of war, national emergency, or such other times as the national security requires;
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;
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c. 
Citizen Soldier or Reservist -  members of the Reserve Force of the AFP composed of the
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following:
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I.
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Graduates of the Reserve Officers' Training Corps (ROTC) basic and advance 
courses and who were issued orders as enlisted reservists or reserve officers of 
the AFP;
Graduates of authorized basic m ilitary training instructions who, as a result 
thereof, were issued orders as enlisted reservists or reserve officers; 
Ex-servicemen and retired officers of the AFP who have been incorporated into 
the Reserve Force of the AFP;
Commissioned and noncommissioned officers under the affiliated Reserves 
category and graduates o f the National Defense College of the Philippines 
(NDCP); and
Commissioned, noncommissioned officers, and privates under the existing laws 
and including those procured under existing laws and included in the present 
AFP roster.
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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.
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.


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Second Category Reserve -  The Second Category Reserve shall be composed o f able- 
bodied reservist whose ages are between thirty-six (36) years and fifty-one (51) years, 
inclusive.
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d.
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 deploym ent/utilization.
Employment -  the act of hiring, and continued employment including the reinstatement 
of an employee called to m ilitary service to his/her form er position, or if not practicable 
to a substantially equivalent position, w ithout loss of seniority rights and dim inution of 
pay;
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e.
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M ilitary Service -  any service 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;
Mobilization — the utilization of the Reserve Force of the AFP in times of emergency to 
meet threats to national security;
Reinstatement -  the actual resumption o f work of an employee after his/her m ilitary 
service to his/her form er position, or if not practicable to a substantially equivalent 
position, w ithout loss of seniority rights and dim inution of pay;
h. Reserve Force -  those composing of members of the reserve components of the AFP;
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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 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 serve w ith the Ready Reserve units in their 
areas or if their Standby Reserve unit undergo retraining. They will however be 
encouraged to upgrade their m ilitary knowledge and skills by taking up nonresident or 
resident courses which shall be set up for the purpose.


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Ready Reserve -  citizen soldiers/reservists belonging mostly to the First Category 
reserve, who shall be organized, trained and maintained as mobilizable ready reserve 
subject to being called at any tim e 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.
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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;
k. 
Retired Reserve -  citizen soldiers who have qualified for retirem ent through length of 
service, old age or disability. For this purpose, sixty-five (65) years shall be considered as 
the retirem ent 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 w ith his/her special skills 
and qualifications in the Ready Reserve or Standby Reserve in his/her particular area of 
residence.
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CHAPTER 2
NON-DISCRIMINATION OF RESERVISTS
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SECTION 5. Anti-Reservists Discrimination. -
1. It shall be unlawful for an employer whether government, government-owned-or- 
controlled company or private to:
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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 m ilitary service, 
application for m ilitary service or obligation with the Reserve Force of the AFP;
ii. 
Print or publish, or cause to be printed or published, in any form  of media, 
including the internet, any notice o f advertisement relating to employment


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III.
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VII.
suggesting preferences, limitations, specifications, and discrimination based on 
membership, application for membership, performance of m ilitary service, 
application for m ilitary service or obligation w ith the Reserve Force of the AFP; 
Require the declaration of application for membership, or status of membership 
in the Reserve Force of the AFP;
Decline employment on the basis of membership in the Reserve Force of the 
AFP;
Deny any employee's or worker's prom otion or opportunity for training on the 
basis of membership, application for membership, performance of m ilitary 
service, application for m ilitary service or obligation w ith the Reserve Force of 
the AFP;
Forcibly lay off an employee or worker because of membership, application for 
membership, performance of m ilitary service, application for m ilitary service or 
obligation w ith the Reserve Force of the AFP;
Impose early retirem ent on the basis of such employee's or worker's 
membership, application for membership, performance of m ilitary service, 
application for m ilitary service or obligation w ith the Reserve Force of the AFP;
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2. It shall be unlawful for a labor contractor or subcontractor, if any, to refuse to refer for
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employment or otherwise discriminate against any individual because of such persons'
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membership, application for membership, performance of m ilitary service, application
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for m ilitary service or obligation w ith the Reserve Force of the AFP.
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3. It shall be unlawful for any organization to:
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II.
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Deny membership to any individual because of such person's membership, 
application for membership, performance of m ilitary service, application for 
m ilitary service or obligation with the Reserve Force of the AFP;
Exclude from  
its membership any individual because of such 
person's 
membership, application for membership, performance of m ilitary service, 
application for m ilitary service or obligation w ith the Reserve Force of the AFP; 
Cause or attem pt to cause an employer to discriminate against an individual in 
violation of this Act.
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4. It shall be unlawful for a publisher to print or publish any notice of advertisement
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relating to employment suggesting preferences, 
limitations, specifications, and
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discrimination 
based on 
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person's membership, application for membership,
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performance of m ilitary service, application for m ilitary service or obligation w ith the
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Reserve Force of the AFP.
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CHAPTER 3
EMPLOYMENT AND REINSTATEMENT RIGHTS


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SECTION 6. Employment Rights o f Citizen Soldiers/Reservist. -  The following are the rights of
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reservists who perform m ilitary service in the Reserve Force of the Armed Forces of the
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Philippines (AFP):
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Reservists who perform  m ilitary service are entitled to their original position, or when 
not practicable to a substantially equivalent position, w ithout loss of seniority rights and 
dim inution of their pay;
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2. M ilitary service shall not be considered a break in the employment for retirem ent
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purposes or for granting benefits provided for under the Labor Code and other special
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laws;
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3. 
Reservists cannot be required to use earned or entitled vacation or service incentive
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leaves for leave of absence in connection with the performance of m ilitary service in the
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Reserve Force; and
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4. Reservists who suffer any tem porary or permanent disability due to m ilitary service shall
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not be denied reinstatement if such employee can still perform the essential functions
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of their original employment, whether with or w ithout reasonable accommodations.
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SECTION 7. Hiring o f Substitute Employee. — An employer whose reservist employee is called to
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military service may hire another employee as substitute during the period of the m ilitary
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service of the reservist employee.
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The employment of the substitute employee shall be deemed term inated upon the
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reinstatement of the reservist employee. The employer may, however, consider the substitute
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employee for another position, if practicable.
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SECTION 8. Reinstatement Duty o f an Employer. -  It shall be the duty o f the employer to
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reinstate reservists returning from  m ilitary service to their form er position, or when not
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practicable to a substantially equivalent position, w ithout loss of seniority rights and dim inution
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of their pay.
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SECTION 9. Conditions fo r Reinstatement by Employers. -  Reservists shall be reinstated as
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provided in Section 8 of this Act, subject to the following conditions:
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1. The reservist has rendered or performed m ilitary service as a member of the Reserve
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Force of the AFP;
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2. The reservist has given a w ritten notice to his/her employer at least thirty (30) days 
prior to departing for m ilitary service unless precluded by m ilitary necessity or, under all 
of the relevant circumstances, the provision of notice is otherwise impossible or 
unreasonable. The notice shall indicate the duration of m ilitary service, if practicable;


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3. The employer shall immediately reinstate the reservist after the reservist is officially
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discharged from  m ilitary service in accordance w ith the notice received from  the AFP;
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and
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4. The employer shall provide its reservist employee the prevailing salary or wage at the
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tim e of the reinstatement of the reservist.
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The AFP shall provide the necessary documents to reservists in a tim ely manner to facilitate the
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reinstatement of their employment for purposes not lim ited to the justification of their absence
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due to military service.
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SECTION 10. Period to Notify Employer o f Intent to Return. — Reservists are hereby required to 
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notify their employers of their intent to return to work under the following circumstances:
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1. In the case of reservists called to m ilitary service for a definite period when indicated in
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the call for active duty training or such other notice issued by the AFP, the employer
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shall be deemed notified of the intent to return when furnished a copy of the pertinent
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notice from  the AFP prior to the absence of the reservist for m ilitary service;
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2. In the case of reservists called to m ilitary service for an indefinite period when not
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indicated in the call for active duty training or such other notices issued by the AFP, the
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employer shall be deemed notified of the intent to return when furnished a copy of the
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pertinent notice from  the AFP indicating the impending discharge of reservists at least
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fifteen (15) days prior to the end of the m ilitary service;
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Provided, That the reservists shall not be deemed ineligible when circumstances do not perm it
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the tim ely prior notification of absence due to m ilitary service and/or intent to return of a
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reservist in compliance with this provision in accordance with Section 9(2) and 9(4) of this Act.
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Provided, further, That reservists who suffer from  illness or injury incurred in, or aggravated
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during, the performance of m ilitary service shall be allowed to indicate their desire to return to
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their form er position within a reasonable tim e as prescribed by a m ilitary doctor.
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Provided, finally. That the AFP shall ensure that its policies and administrative processes,
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whenever practicable, allow for at least fifteen (15) days prior notification of employers of the
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absence of reservists for m ilitary service and their capacity and intent to return to their
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employment.
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SECTION 11. Compensation fo r Non-Reinstatement. — In case the circumstances o f an
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employer have so changed so as to make such reinstatement impossible or unreasonable, the
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reservist shall be entitled to at least three (3) months pay based on the salary or wage of the
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reservist prior to the absence for m ilitary service or to separation pay in accordance with
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existing laws, whichever is higher.


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SECTION 12. Compensation o f Reservists fo r M iiitary Service. -  In order to enhance the general 
welfare, com m itm ent to service and professionalism of the members the Reserve Force of the 
AFP, the reservist rendering m ilitary service shall be entitled to the base pay commensurate to 
their rank consistent w ith their counterpart in the regular force.
Reservist employees' contributions during their absence due to m ilitary service, whether to the 
Social Security System (SSS), Government Service Insurance System (GSIS), Pagtutulungan sa 
Kinabukasan: Ikaw, Bangko, Industriya, at Gobyerno (PAG-IBIG), and/or the Philippine Health 
Insurance Company (PhilHealth) shall be deemed paid and rem itted, and shall not reflect any 
gap in contributions in the records.
SECTION 13. Multi-stakeholder Engagements and Advocacies. -  The AFP shall strengthen 
coordination and cooperation among stakeholders through a sustained and comprehensive 
advocacy campaign for the purpose of ensuring that the employment rights of reservists are 
understood and protected by all concerned.
For this purpose, the Department of Budget and Management (DBM) in consultation with the 
AFP shall create the necessary plantilla positions w ithin the Office of the Deputy Chief of Staff 
for Reservists and Retirees (OJ9) and within the different Reserve Commands of the AFP Major 
Services.
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SECTION 14. Corporate Social Responsibility. -  Expenses and costs justified to be associated
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with organizational adjustments borne out of the absence of reservists in an organization shall
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be a qualified expense in the implementation of corporate social responsibility subject to
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existing policies and programs providing tax benefits and other incentives.
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SECTION 15. Administrative Fines and Penalties. -  Violation of any of the provision of this Act
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shall be punished with a fine of not less than Fifty thousand pesos (PHP 50,000.00) but not
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more than One million pesos (PHP 1,000,000.00), or imprisonment of not less than three (3)
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months but not more than tw o (2) years, or both, at the discretion of the court. If the offense is
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committed by a corporation, trust, firm , partnership or association or other entity, the penalty
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shall be imposed upon the guilty officer or officers of such corporation, trust, firm , partnership
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or association or entity.
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CHAPTER 4 
Final Provisions
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SECTION. 16. Appropriations. -  The amount necessary fo r the immediate and effective
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implementation of this Act shall be charged against any available funds of the Armed Forces of
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the Philippine. Thereafter, such sums as may be necessary for the im plem entation of this Act
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shall be included in the annual appropriations of the Armed Forces of the Philippines.
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SECTION 17. Implementing Rules and Regulations. -  W ithin sixty (60) days from  the effectivity
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of this Act, the Department of Labor in coordination w ith AFP Reserve Command and the
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Department o f National Defense, shall promulgate the necessary rules and regulations for the
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effective implementation of this Act.
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SECTION 18. Separability Clause. -  Should any provision herein be declared unconstitutional, 
the same shall not affect the validity of the provisions of this Act.
SECTION 19. Repealing Clause. -  All laws, decrees, orders, rules, and regulations or other 
issuances or parts inconsistent with the provisions of this Act are hereby repealed or modified 
accordingly.
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SECTION 20. Effectivlty Clause. -  This Act shall take effect In fifteen (15) days after publication
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in the Official Gazette or in one (1) newspaper of general circulation in the Philippines.
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Approved,