REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. __941.

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN II

EXPLANATORY NOTE

The positions of Chief of Staff of the Armed Forces of the Philippines (AFP) as well as those
of 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 previously practiced by the current administration.

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 politics.

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

MANU OCHAN Il
: Representait
Magdalo Para sa Pilipino Party-List


PwNne

eoarvnan

a
12
13

14
1s
16
7
18
19

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. $41

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN II

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

Be it enacted by the Senate and the 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 Armed Forces of the Philippines
shall have a fixed term of office of three (3) years. The Major Service Commanders shall
each have a minimum term of office oftwo (2) years without prejudice to being appointed as
Chief of Staff 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:
Provided, further, That no extension of term shall be allowed, except for the position of the
Chief of Staff, which may be extended in cases of war or national emergencies as Congress
may declare. The terms of office for both the Chief of Staff and the Major Service
Commanders shall commence on the date of appointment by the President.

When the officer appointed to the position of Chief of Staff (AFP) reaches the
compulsory retirement age before the end of the three (3) 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 (AFP) may be removed by the President as
Commander in Chief for loss of confidence at any time before the end of the term of three (3)

years.


10

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.

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 issuances, laws, decrees, orders, rules and
regulations, or parts thereof not consistent with this Act are hereby repealed or modified
accordingly.

SEC. 5.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,