Republic of the Philippines
House of Representatives
Quezon Gity, Motes Mails

EIGHTEENTH CONGRESS
Second Regular Session

7939

House Bill No.

INTRODUCED BY
REP. ALFRED VARGAS

AN ACT
STRENGTHENING PROFESSIONALISM AND CONTINUITY OF POLICIES
AND MODERNIZATION INITIATIVES OF THE ARMED FORCES OF THE
PHILIPPINES BY PRESCRIBING FIXED TERMS FOR THE CHIEF-OF-
STAFF/ CHAIRMAN OF THE JOINT CHIEFS AND OTHER KEY
OFFICERS THEREOF, INCREASING THE MANDATORY AGE OF
RETIREMENT OF GENERAL/FLAG OFFICERS, PROVIDING FOR A
MORE EFFECTIVE ATTRITION SYSTEM, REPEALING SECTIONS 5, 10,
11 AND 12 OF PRESIDENTIAL DECREE NO. 1638, AS AMENDED, AND
SECTIONS 3 AND 4 OF REPUBLIC ACT 8186, AS AMENDED, AMENDING
SECTION 1 OF REPUBLIC ACT 9188 AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The Armed Forces of the Philippines (AFP) continues to be a beacon of
valor and patriotism in the country. Many have served the country with
their lives in order to defend the Filipino people and uphold the sovereignty
of the country against terrorism and other public threats.

While advancements in military operations and technology have
transpired continuously in many parts of the world, it is imperative that the
AFP undergo its own modernization initiatives in order to adapt with the
developing landscape of military public service. In particular, the attrition
system of the Armed Forces of the Philippines has to be revamped to make
room for a more innovative and more effective military work force.

The institutional frameworks for the military’s attrition system, while
robust, need to be strengthened and modernized. The Presidential Decree
No. 1638, s. 1979, “Establishing a New System of Retirement and
Separation for Military Personnel of the Armed Forces of the Philippines and
For Other Purposes” which lay the foundations of the retirement system in
the AFP, as amended, is more than forty (40) years old.


Similarly, Republic Act No. 8186 of 1996, also known as “An Act
Prescribing Officer Grade Distribution in the Active Force of the Armed
Forces of the Philippines and Limiting the Tenure of Officers in the Grade of
Colonel/Captain (PN) and General/Flag Officers in the AFP” which include
provisions on the Joint Chiefs must be prescribed fixed terms to maintain
professionalism in the military as recommended by the Department of
National Defense (DND).

This bill seeks to modernize the Armed Forces of the Philippines and
strengthen its professionalism and the continuity of its policies by
prescribing fixed terms for certain key positions and increasing the
mandatory age of retirement of General/Flag Officers. Moreover, a
strengthened merit system for promotion will ensure a steady pool of
competent leadership in the military chain of command.

In view of the foregoing, the immediate passage of this bill is
earnestly sought.

VARGAS


Republic of the Bijlippines
House of Representatives
Quezon City, Meter Manila

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 7939

INTRODUCED BY
REP. ALFRED VARGAS

AN ACT
STRENGTHENING PROFESSIONALISM AND CONTINUITY OF POLICIES
AND MODERNIZATION INITIATIVES OF THE ARMED FORCES OF THE
PHILIPPINES BY PRESCRIBING FIXED TERMS FOR THE CHIEF-OF-
STAFF/ CHAIRMAN OF THE JOINT CHIEFS AND OTHER KEY
OFFICERS THEREOF, INCREASING THE MANDATORY AGE OF
RETIREMENT OF GENERAL/FLAG OFFICERS, PROVIDING FOR A
MORE EFFECTIVE ATTRITION SYSTEM, REPEALING SECTIONS 5, 10,
11 AND 12 OF PRESIDENTIAL DECREE NO. 1638, AS AMENDED, AND
SECTIONS 3 AND 4 OF REPUBLIC ACT 8186, AS AMENDED, AMENDING
SECTION 1 OF REPUBLIC ACT 9188 AND FOR OTHER PURPOSES

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

ARTICLE I
DECLARATION OF POLICY

SECTION 1. Declaration of Policy. - It is hereby declared the policy of the
State that in the pursuit of modernization of the Armed Forces of the
Philippines (AFP) to:

(a) Enhance professionalization in the organization by strengthening the
merit system and allow the new leadership a longer period to
implement reforms and institutionalize good policies that will redound
to the improvement of the AFP;

(b) Promote the most qualified officers of general rank; and

(c) Obviate revolving door accommodation promotions in order to
successfully 40 create a new culture of excellence in leadership and
accountability in the AFP.

Towards this end, the State shall:


(a) Fix the tour of duty of the Chief of Staff/Chairman of the Joint Chiefs
(CJC) and other officers holding key positions;

(b) Adjust the mandatory retirement age of General/Flag Officers of the
AFP; and

() Ensure implementation of merit-based promotion and attrition system
that will assure the Armed Forces of continuous pool of qualified and
effective leaders.

ARTICLE I
TERMS OF OFFICE

SECTION 2. Tour of Duty of Key Officers. - The members of Joint Chiefs
and Joint Force Commanders, upon appointments, shall have a tour of duty
(3) years. Provided, That the Joint Chiefs shall be composed of the following:

(a) AFP Chief of Staff/ Chairman of the Joint Chiefs (CJC);
(b) Vice Chairman of the Joint Chiefs;

(c) Chief of the Joint Staff;

(d) Chief of the Army;

(c) Chief of the Air Force; and

() Chief of the Navy

Unless otherwise specified by the President, the tour of duty of the
aforementioned officers shall commence on the date the appointment is
signed, and shall be for three (3) consecutive years unless sooner terminated
by the President.

The fixed tour of duty provided herein shall apply to General/Flag
Officers appointed by the President after the effectivity of this Act.

‘The members of the Joint Chiefs shall be selected by the President from
among the officers in the grades of Major General/ Rear Admiral and
Lieutenant General/Vice Admiral who, in his/her judgment, is best and
qualified for those positions, regardless if the officer is occupying a position
with a fixed tour of duty or not.

Section 4 of Republic Act No. 8186 entitled "An Act Prescribing Officer
Grade Distribution in the Active Force of the Armed Forces of the Philippines
and Limiting the Tenure of Officers in the Grade of Colonel/Captain (PN)
And General/Flag Officers in the AFP" (R.A. No. 8186) is hereby repealed.

SECTION 3. Tour of Duty of the Superintendent of the Philippine
Military Academy (PMA). — A general officer of proven competence and
academic excellence shall be appointed DND VERSION as of 09 1730
October 2020 DND VERSION as of 09 1730 October 2020 3 1 as


Superintendent, PMA and shall be exempt from the application of the
maximum tenure? in-grade defined under this Act. He/she shall be given a
tour of duty of four (4) years, unless 3 sooner terminated by higher
authority, and shall be compulsorily retired after completion of 4 his/her
tour of duty or upon relief from office.

SECTION 4. Prohibition on the Extension of Term. - Except as provided
for under Section 5 of this Act in accordance with the Constitution, no
extension of tour of duty of the Joint 8 Chiefs, PMA Superintendent, and
Joint Force Commanders shall be allowed.

SECTION 5. Tour of Duty of the Chief of Staff/ Chairman of the Joint
Chief. - The tour of duty of the Chief of Staff /CJC of the AFP shall not
exceed three years. However, in times of war or other national emergency
declared by the Congress, the President may extend such tour of duty.

ARTICLE II
RETIREMENT

SECTION 6. 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 repealed and replaced with a new provision which shall
read as follows:

"Sec 5.(a). An officer or enlisted personnel shall be compulsorily
retired upon accumulation of at least 30 years of active service or upon
reaching the age of 56 years old, whichever comes later. Provided, That
officers in the grades 07-09 shall be compulsorily retired upon attaining the
maximum tenure-in-grade as defined in this Act, regardless of age and
without prejudice to be promoted to the next higher rank; Provided further,
that an officer appointed to the grade O-10 shall be compulsorily retired
upon completion of three (3) years tour of duty or sixty-five (65) years of age
whichever comes earlier; and Provided finally, that such Officer who was
commissioned under Presidential Decree Nr 1908, who has attained fifty-six
(56) years of age with at least 16 years of active service shall be allowed to
complete twenty (20) years of active service for purposes of compulsory
retirement.”

SECTION 7. Optional Retirement. - Upon accumulation of at least twenty
years of satisfactory Active Service, an officer or enlisted personnel may, at
his/her own request, be retired from Active Service, subject to the approval
of appropriate authority as provided for in the Implementing Rules and
Regulations of this Act.

SECTION 8. Retirement Grade. - In case of optional retirement, a general/
flag officer shall be retired in his/her present grade only after serving at
least two (2) years in that grade prior to the date of said retirement,


otherwise, he/she will be retired in his/her previous grade.

ARTICLE IV
ATTRITION SYSTEM FOR THE PERSONNEL OF THE AFP

SECTION 9. Definition of Terms. - As used in this Title, the following
terms shall mean:

(a) Active Duty - the service or duty in the regular force AFP.

(b) Enlisted Personnel - refer to members of the AFP with the rank
of Private, up to First Chief Master Sergeant or their equivalent
in the other services, usually referred to as Non-Commissioned
Officers upon reaching the rank of Corporal and above.

(0) Forced Attrition - is a mode of attrition wherein an officer or
enlisted personnel, who, after having been considered for
promotion to the next higher grade; or an officer who has been
considered for retention pursuant to law, but failed to qualify
on account of his/her own fault, failure or negligence or lack of
individual merit, is separated from the active service.

(d) Grade - the military rank of a commissioned officer and
enlisted personnel.

Commissioned officers, from the lowest to highest, are:

(1) Second Lieutenant/Ensign (PN);
(2) First Licutenant/ Lieutenant Junior Grade (PN);
(3) Captain /Lieutenant (PN);

(4) Major/Lieutenant Commander (PN);

(5) Lieutenant Colonel/Commander (PN);

(6) Colonel/Captain (PN);

(7) Brigadier General /Commodore (PN);

(8) Major General /Rear Admiral (PN);

(9) Lieutenant General/Vice Admiral (PN); and

(10) General/Admiral (PN)

For enlisted personnel, from lowest to highest, are:

(1) Private;

(2) Private First Class;

(3) Corporal;

(4) Sergeant;

(5) Staff Sergeant;

(6) Technical Sergeant;

(7) Master Sergeant;

(8) Senior Master Sergeant;

(9) Chief Master Sergeant; and


(10) First Chief Master Sergeant

or their equivalent in the Philippine Navy and Philippine Air
Force.

(e) Officers - refer to commissioned personnel in the active service
of the Armed Forces of the Philippines.

() Primary Zone - the primary zone shall be composed of officers
who are on promotable status in the uppermost portion of the
promotion list equivalent to the number of declared vacancies.

(g) Service member - any active duty officer or enlisted personnel
of the AFP.

(h) Tenure-In-Grade - the allowable/maximum year given to an
Officer/Enlisted Personnel in a certain grade/rank.

SECTION 10. Forced Attrition. - Sections 10, 11 and 12 of P.D. No. 1638
are hereby 22 repealed and replaced by the following new provisions which
shall read as follows:

"Sec. 10. Forced Attrition of Officers. - Officers who were considered
but failed to qualify for promotion to the next higher grade on account of
their own fault, failure or negligence or who lack the individual merits
required for promotion shall be subsequently separated from the active
service. Officers with contractual service obligations who were recommended
for separation on account of their own fault, failure or negligence, shall be
required to refund the government the amount equivalent to the cost of
training proportionate to the remaining period to be served as stipulated in
the training contract. The following are the instances of forced attrition of
officers:

(a) Attrition by Non-Promotion. —

(1) Deferment of promotion. - An officer in the grade of Second
Lieutenant/Ensign (PN) who is deferred once shall be separated
in the permanent grade he/she holds on the first day of the third
month after the President shall have approved the promotion of
officers recommended by the selection board which
recommended the deferment of such an officer for the first time.

(2) Twice Deferment of Promotion. - An officer in the grade of First
Lieutenant/Lieutenant Junior Grade (PN) to Lieutenant
Colonel/Commander (PN) who is deferred twice for promotion to
the next higher grade shall be separated in the permanent grade
he/she holds on the first day of the third month after the
President shall have approved the promotion of officers
recommended by the Selection Board which recommended the


deferment of such officer for the second time. This subsection
applies only to officers in the primary zone of consideration
because they were considered or deliberated upon by the
selection board but failed to qualify for promotion to the next
higher grade.

(3) Maximum Tenure-in-Grade for Officers. —
() General Officers. - The maximum tenure of officers in the

grades of General/Flag Officer in the AFP are hereby
prescribed as follows:

GRADE MAXIMUM

TENURE-IN-GRADE

General/Admiral (0-10)

Three (3) years

Lieutenant General/
Vice Admiral (0-9)

Three (3) years

Major General/
Rear Admiral (0-8)

Three (3) years

Brigadier General/

Three (3) years

Commodore (0-7)

Unless earlier separated, retired or promoted to the next
higher grade or occupying a position calling for the rank of
higher grade in the AFP Table of Organization, General/Flag
Officers shall be compulsorily retired upon either the
attainment of the maximum tenure-in-grade herein
prescribed or the fixed tour of duty prescribed in Section 2 of
this Act, whichever comes earlier. Any General/Flag Officer
who is relieved from post and is not designated to or
occupying any position in the AFP Table of Organization as
funded in the General Appropriations Act shall be deemed
retired from the military service effective upon relief.

(i) Officers. - The maximum tenure of officers in the grades of
Captain, Major, Lieutenant Colonel and Colonel or their
equivalent in the other services in the AFP are hereby
prescribed as follows:

GRADE MAXIMUM TENURE-IN-
GRADE
Captain / Six (6) years
Lieutenant (PN) (0-3)
Major / Lieutenant Six (6) years

Commander (PN) (0-4)

Lieutenant Colonel / Seven (7) years

Commander (PN) (O-5)

Colonel/ Captain (PN) (O-6) Nine (9) years

(b) Low-Potentiality. - An officer referred to and found by the AFP


Efficiency and Separation Board not fit for retention, lacking
leadership skills, of doubtful integrity, or fails to demonstrate
satisfactory performance may be separated from the military service
subject to the approval of the President.

"Section 11. Forced Attrition of Enlisted Personnel. -—

(a) Failure of Promotion. - An Enlisted Personnel who fails to qualify
for promotion to the next higher rank shall be recommended for
evaluation by the appropriate Promotion Board, subject to the
provisions of the implementing rules and regulations.

(b) Maximum Tenure-in-Grade for Enlisted Personnel. - An Enlisted
Personnel shall be separated in accordance with the provisions
of existing laws for failure to be promoted after having attained
the maximum allowable Active Cumulative Service for the
present grade except if occupying a position calling for a higher
grade in the AFP Table of Organization:

GRADE MAXIMUM
‘TENURE-IN-GRADE
E-10 Three (3) years
E9 Three (3) years
E8 Three (3) years
E-7 Three (3) years
E-6 Five (5) years
E-S Five (5) years
E-4 Four (4) years
E-3 Four (4) years
E-2 Four (4) years
E-I Four (4) years

(c) Low Potentiality. - An enlisted service member who is referred to
and found by the Enlisted Personnel Reenlistment Board not fit
for retention, complacent, lacking leadership skills, of doubtful
integrity, or fails to demonstrate outstanding performance may
be separated from the military service.

SECTION 11, Renumbering. - The succeeding sections of P.D. No. 1638, as
amended, are hereby renumbered accordingly.

SECTION 12. Separation or Retirement from the AFP. — Any service
member of the AFP shall be:


(a) separated, if one has rendered less than twenty (20) years of service,
or

(b) retired, if one has rendered at least twenty (20) years of service unless
the concerned service member is disqualified by law to receive such
benefits.

ARTICLE V
FINAL PROVISIONS

SECTION 13. Competitive Categories for Promotion. - Under regulations
prescribed by the Secretary of National Defense, the AFP shall establish
competitive categories for promotion. Each officer whose name appears on
an active-duty list shall be carried in a competitive category of officers.
Officers in the same competitive category shall compete among themselves
for promotion.

SECTION 14. Competitive Categories for Promotion. - Under regulations
prescribed by the Secretary of National Defense, the AFP shall establish
competitive categories for promotion. Each officer whose name appears on
an active-duty list shall be carried in a competitive category of officers.
Officers in the same competitive category shall compete among themselves
for promotion.

“SECTION. 1. Officer Grade Distribution. - The Secretary of
National Defense shall prescribe the authorized number of officers in the
active force in each grade and in each major, technical or administrative
service and shall implement the gradual decrease in the number of officers in
each officer rank as part of, and in line with, the Modernization Program of the
Armed Forces: Provided, That effective one (1) year after the approval of this
Act, such number shall not exceed the number in each grade authorized in the
Table of Organization of units of the active force distributed as follows: One
per centum (1%) in the General/Flag Officer grade; six per centum (6%) in the
grade of Colonel/Captain (PN); twelve per centum (12%) in the grade of
Lieutenant Colonel/ Commander (PN); eighteen per centum (18%) in the grade
of Major/Lieutenant Commander (PN); twenty per centum (20%) in the grade
of Captain/Lieutenant (PN) and forty-three per centum (43%) in the grades of
First Lieutenant/ Lieutenant Junior Grade (PN) and Second Lieutenant/Ensign
(PN): Provided, further, That such distribution is based on the total officer
strength authorized for the AFP: Provided, furthermore, That the Table of
Organization of units of the active force shall be adjusted in accordance with
their respective missions and officer requirements, and shall be gradually
decreased pursuant to this section and such rules and regulations as the
Secretary of National Defense shall prescribe, subject to the condition that the
schedule of percentage for each grade as herein prescribed shall not be
exceeded: Provided, furthermore, That in the determination of the officer to
enlisted personnel ratio, the mission requirement, capabilities, scope of
responsibility, technical nature of the position and task, and equipment


inventory of units shall be taken into consideration: Provided, furthermore,
That considering the highly technical nature of the Air Force and the Navy,
they shall be allocated a higher officer to enlisted personnel ratio which shall
not exceed fifteen percent (15%) of the officer to enlisted personnel ratio
allocated in the Philippine Army: Provided, furthermore, That as far as
practicable, officers in the technical or administrative services such as, but not
limited to, surgeon general, chief dental service and chief nurse may be
eligible for promotion to general/flag officer grade: Provided, furthermore,
That the quota limitation provided herein shall not apply in the promotion to
general/flag rank of reserve officers in the inactive service: Provided, finally,
That if the actual number in a grade is less than the number prescribed, the
difference may be applied as an increase to the number prescribed in a lower
grade.”

SECTION 15. Officer Lineal List. - There shall be only one seniority lineal
list for the officers of the Major Services and each of the Technical Services.

SECTION 16. Appropriations. - The amount necessary for the effective
implementation of this Act shall be charged to the appropriations of the
Department of National Defense under the current General Appropriations
Act. Thereafter, such sum as may be necessary for its continued
implementation shall be included in the annual General Appropriations Act.

SECTION 17. Construction and Interpretation. - To protect state policy
and public interest as stated in Section 1 of this Act, this act shall be given
a liberal construction in favor of its provisions so as to further the
accomplishment of its declared policies in Section 1.

SECTION 18. Implementing Rules and Regulations. - The Department of
National Defense shall formulate the rules and regulations necessary to
implement the provisions of this Act within ninety (90) days from its
effectivity. Provided, That the IRR shall provide for a systematic transition to
the new retirement and separation system provided for under this Act.

SECTION 19. Separability Clause. - If any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the
other provisions thereof.

SECTION 20. Repealing Clause. - Sections 3 and 4 of Republic Act 8186
as amended, Sections 5, 10, 11 and 12 of the Presidential Decree No 1638,
as amended are hereby repealed. All other laws, executive orders or
issuances or any part thereof, which are inconsistent herewith, are hereby
repealed or amended accordingly.

SECTION 21. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette and in at least two (2) newspapers of
general circulation.

Approved,