REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRI
First Regular Session

4152

House Bill No.

Introduced by MAGDALO Party-List Representative
.EJANO

Explanatory Note

The positions of Chief of Staff of the Armed Forces of the Philippines (AFP) as well as tho:
the Major Services Commanders of the AFP, namely: (a) Commanding General of the Philippine
Army; (b) Flag Officer in Command of the Philippine Navy (PN); and (c) Commanding General
of the Philippine Air Force (PAF) are very critical and sensitive positions, involving as they do
the leadership of the Armed Services entrusted with the security and defense of the country. The
problem is that because of the fact that the appointing authority is usually limited in his choice to
only the most senior officers of the AFP, the appointees normally serve for only very short
periods of time, usually for just one (1) year or even less before going into retirement.

‘There is no doubt that this state of things is adversely affecting the AFP and the nation, with the
Chief of Staff of the AFP and Chiefs of the Major Services only staying long enough to warm up
their seats but not long enough to be able to develop, put into place and implement meaningful
medium and long term plans and programs for their commands. Moreover, the appointees to the
subject positions are prone to being “politicized” with the positions being dangled before
potential appointees under such dubious practices like the “revolving door policy” which was
practiced by the previous administrations.

This bill, hence, proposes to provide for a fixed term of three (3) years for the Chief of Staff of
the AFP as well as his Major Services Commanders. The idea is to give them a fixed term or
tenure to provide for continuity and stability in the leadership of the AFP and shield the same
from the perils of partisan polities.

‘This bill was passed by both Houses during the 15" Congress. Unfortunately, the same was
vetoed by the President, It is my hope that in this Congress, a compromise could be arrived at
and this bill could finally be enacted into law.

In view of the foregoing circumstances, approval of this bill is urgently requested.



REPUBLIC OF THE PHILIPPINES:
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

4152

House Bill No.

Introduced by MAGDALO Party-List Represent
HON. GARY C. ALEJANO

AN ACT
PRESCRIBING FIXED TERMS FOR THE CHIE
SERVICE COMMANDERS OF THE ARMED FORCES
AND FOR OTHER PURPOSES

TAFF AND THE MAJOR
HE PHILIPPINES (AFP)

OF

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
ff

and the Major Service Commanders of the Armed Forces of the Philippines (AFP) in

State to give due recognition to the significance of the position of the Chief of Sta

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 Armed Forces of the

Philippines shall have a fixed term of office of three (3) years. The Major Service

Car nuewne

Commanders shall each have a minimum term of office of two (2) years without
10 prejudice to being appointed as Chief of Staff if otherwise qualified. Provided, That,
11 no officer shall be appointed as a Major Service Commander if that officer has less
12 than two (2) years remaining in the active service: Provided, further, That no
13 extension of term shall be allowed, except for the position of the Chief of Staff, which
14 may be extended in cases of war or national emergencies as Congress may declare.
15 The terms of office for both the Chief of Staff and the Major Service Commanders

16 shall commence on the date of appointment by the President.

18 When the officer appointed to the position of Chief of Staff of the AFP
19 reaches the compulsory retirement age before the end of the three (3) year term, the
20 statutory compulsory retirement of the Chief of Staff (AFP) shall be deferred until the
21 completion of the prescribed term: Provided, however, That the Chief of Staff (AFP)
22 may be removed by the President as Commander in Chief for loss of confidence at

23 any time before the end of the term of three (3) years.


rene

woevan

10
ca
12
13
14

‘The President shall select from among the officers in the grades of Major
General’ Rear Admiral to Lieutenant General/ Viee Admiral the officer who, in the

judgment of the President, is best qualified for the position of Chief of Staff.

SEC. 3. Rules and Regulations. — The Secretary of National Defense shall

formulate the rules and regulations necessary to implement the provisions of this Act,

SEC. 4. Repealing Clause. ~ All i
regulations, or parts thereof not con

ances, laws, decrees, orders, rules and

jent with this Act are hereby repealed ot
modified accordingly.

SEC. 5. Effeetivity. ~ 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,