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FIFTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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First Regular Session 
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SEN~U: 
S.No. 1123 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Executive Order No. 292 (Administrative Code of 1987) and other 
laws provide for the general qualifications and limitations of the members of the Cabinet. The 
purpose of such requirements is to ensure that the appointees possess the necessary skills, 
expertise and integrity essential to the position. 
Section 45 of Chapter 10, Sub-Title II, Title VIII, Book IV of the Administrative 
Code of 1987 provides for the general qualifications required of all department secretaries, in 
addition to those prescribed in their respective charters. However, in the case of the Secretary 
of the Department of National Defense, there is a compelling need to emphasize further the 
supremacy of civilian authority over the military. 
By prohibiting a former military officer from being appointed as Secretary of National 
Defense (SND) within three (3) years after relief from active duty as a commissioned officer 
of the Armed Forces of the Philippines (APP), the position of SND will be shielded from 
controversies arising from appointments, assignments, and other activities within the AFP. 
By having no prior personal and professional relationships with the officers, the SND would 
be more objective and impartial in policy formulation and determination. On the part of 
former military officers, the prohibition shall also afford them sufficient time to adapt to 
civilian life. This bill was originally filed by Sen. Rodolfo O. Biazon in the Fourteeuth 
Congress. 
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.(J'I¥MIRIAM DEF'SSOR SA1frIA~ 
1 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN~1Jl 
S. No. .1'123 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
1 
AMENDING THE ADMINISTRATIVE CODE OF 1987 BY PROHIBITING A PERSON 
2 
FROM BEING APPOINTED AS THE SECRETARY OF THE DEPARTMENT OF 
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NATIONAL DEFENSE WITHIN THE NEXT THREE (3) YEARS AFTER RELIEF, 
4 
SEP ARA TION OR RETIREMENT FROM ACTIVE DUTY AS A COMMISSIONED 
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OFFICER OF THE ARMED FORCES OF THE PHILIPPINES (AFP) 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Section 45 of Chapter 10, Sub-Title II, Title VIII, Book IV of Executive 
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Order No. 292, otherwise known as the Administrative Code of 1987, is hereby amended by 
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inserting a paragraph after the first paragraph thereof, to read as follows. 
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"Section 45. Qualifications of Secretaries. - The Secretaries shall be 
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citizens of the Philippines and not less than twenty-five years of age. 
II 
IN THE CASE OF THE DEPARTMENT OF NATIONAL DEFENSE, 
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NO PERSON MAY BE APPOINTED AS SECRETARY THEREOF WITHIN 
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THE NEXT THREE (3) YEARS AFTER RELIEF, SEPARATION OR 
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RETIREMENT FROM ACTIVE DUTY AS A COMMISSIONED OFFICER OF 
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THE ARMED FORCES OF THE PHILIPPINES (AFP)." 
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SEC. 2. Repealing Clause. -
All laws, rules, regulations, orders, circulars and 
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memoranda inconsistent with this Act are hereby repealed or modified accordingly. 
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SEC. 3. Effectivity. - This Act shall take effect immediately upon approval. 
Approved, 
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