Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
‘Second Regular Session

House Bill No._ 7677

Introduced by HON. ROZZANO RUFINO B. BIAZON

EXPLANATORY NOTE

Strict conformity to rules and regulations often hampers the immediate fulfillment of
government objectives.

Programs of whatever nature, whether government or private, usually require a certain
length of time to realize its goals. The person at the helm should thus enjoy a length of service
—even better, a term — that would allow him/her adequate time to plan, test and execute matters
to best achieve a desired end. This is even more imperative in the case of a key government
position such as the Armed Forces of the Philippines (AFP) Chief of Staff who leads the AFP
and whose tenure, though limited by the Constitution to three years, is even shortened by
compulsory retirement laws. Such situation oftentimes delimits the President’s choices to fill
in vacancies in the Armed Forces of the Philippines with senior officers whose dates of
retirements draw near and provides the perception on the President’s action as being politically
driven.

The situation of Major Service commanders is no different. Oftentimes, their stay in
office is so short for them to initiate plans and implement the same, to the detriment of the
major services they serve and the AFP as an institution.

With the positions in question being critical to the country’s interests, itis perhaps only
proper that the persons chosen to serve in such capacity be the best qualified and, not
necessarily among the most senior, and should be able to enjoy a period of service that will
allow him/her to implement programs and policies and thus deliver on the objectives of the
AFP.

This bill endeavors to shield the selection process for such positions from political and
personal considerations by ensuring that merit and fitness prevail. It also grants security of
tenure to ensure continuity of programs that is free from patronage and geared only towards
good performance.

With the foregoing considerations, the passage of this bill is eamestly sought.

RO: ahi eae

Representative
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No._7677

Introduced by HON. ROZZANO RUFINO B. BIAZON,

AN ACT
PRESCRIBING A FIXED TERM FOR THE CHIEF OF STAFF AND A MINIMUM.
TERM FOR THE MAJOR SERVICE COMMANDERS OF THE ARMED FORCES OF
THE PHILIPPINES (AFP) AND FOR OTHER PURPOSES

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

SECTION 1. Declaration of Policy. — It is hereby declared the policy of the State to
give due recognition to the significance of the position of the Chief of Staff and the Major
Service Commanders of the Armed Forces of the Philippines (AFP) in order to promote the
stability of the AFP as an institution thereby enabling it to perform its constitutional mandate.

Sec. 2. Terms of Office. — The Chief of Staff of the AFP shall have a fixed term of
office of three (3) years. The Major Service Commanders shall each have a minimum term of
office of two (2) years without prejudice to being appointed to a higher position if otherwise
qualified: Provided, That no officer shall be appointed as a Major Service Commander if that
officer has less than two (2) years remaining in the active service: Provide, further, That no
extension of term shall be allowed, except for the position of Chief of Staff, which may be
extended in cases of war or national emergencies as Congress may declare. The terms of office
for the Chief of Staff and the Major Service Commanders shall commence upon the date of

their assumption of office.


The President shall select from among the officers in the grades of Major General/Rear
Admiral to Lieutenant General/Vice Admiral the officer who, in the judgment of the President,
is best qualified for the position of Chief of Staff.

When the officer appointed to the position of Chief of Staff (AFP) reaches the
compulsory retirement age before the end of the three-year term, the statutory compulsory
retirement of the Chief of Staff (AFP) shall be deferred until the completion of the prescribed
term: Provided, however, That the Chief of Staff and the Major Service Commanders may be
removed by the President at any time: Provided, further, That the Chief of Staff removed by
the President shall be deemed retired.

The fixed term provided herein shall apply to the Chief of Staff and the Major Service
Commanders of the AFP appointed by the President after the effectivity of this Act.

Sec. 3. No provision under this Act shall in any manner or form, affect, impair,
diminish or dilute in any way the inherent and intrinsic powers vested under the Constitution
that “the President shall be the Commander-in-Chief of all armed forces of the Philippines.”

Sec. 4. Rules and Regulations. — The Secretary of National Defense shall formulate the
rules and regulations necessary to implement the provisions of this Act.

Sec. 5. Separability Clause. — If any provision of this Act or any part hereof is held
invalid or unconstitutional, the remainder of the law or the provision not otherwise affected
shall remain valid and subsisting.

Sec. 6. Repealing Clause. — All issuances, laws, decrees, orders, rules and regulations,

or parts thereof not consistent with this Act are hereby repealed or modified accordingly.

Sec. 7. Effectivity. - This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,