Title
Cabarrus, Jr. vs. Secretary of National Defense
Case
G.R. No. 180966
Decision Date
Jun 13, 2012
Reservist Col. Cabarrus challenged mandatory retirement at 65 under R.A. 7077; SC upheld retirement, ruling age limit applies to reservists on active duty.
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Case Digest (G.R. No. 180966)

Facts:

  1. Background of the AFP Reserve Command:
    The Armed Forces of the Philippines (AFP) Reserve Command is a major support command responsible for managing, organizing, training, equipping, and administering AFP reservists. These reservists augment the regular force during emergencies or when needed.

  2. Call to Active Duty:
    In 2000, petitioner Col. Jesus G. Cabarrus, Jr., a reserve officer with the rank of colonel in the Philippine Air Force, was called to active service at the age of 60. He was installed as Group Commander of the Public Affairs Service of the AFP Reserve Command.

  3. Request for Legal Opinion:
    In February 2005, Col. Cabarrus’ superior requested a legal opinion from the Judge Advocate General Office (JAGO) on whether Col. Cabarrus could continue serving after turning 65. The JAGO responded negatively, citing Section 13(3) of Republic Act (R.A.) 7077, which sets the retirement age for reservists at 65.

  4. Retirement and Relief from Duty:
    Col. Cabarrus turned 65 on March 1, 2005, but remained in his post. On November 8, 2005, a circular was issued announcing the retirement of reservists who had reached 65. Consequently, Col. Cabarrus was relieved of his post effective December 11, 2005.

  5. Protest and Legal Action:
    Col. Cabarrus protested his removal, claiming he was singled out and still physically and mentally fit for duty. After receiving no response from his superiors, he filed a petition for declaratory relief with the Quezon City Regional Trial Court (RTC) to interpret Section 13(3) of R.A. 7077. The RTC dismissed his petition, prompting this appeal.

Issue:

The primary legal issue is:
Whether Col. Cabarrus, a reservist called to active service in the AFP, is subject to mandatory retirement at age 65 under Section 13(3) of R.A. 7077.

Ruling:

The Supreme Court denied Col. Cabarrus’ petition, ruling that he was properly retired at age 65. The Court held that Section 13(3) of R.A. 7077 applies to reservists called to active duty, and the retirement age of 65 is mandatory.

Ratio:

  1. Classification of Reserve Forces:
    The Reserve Force is classified into three categories:

    • Ready Reserve: Composed of reservists aged 18–35, organized and trained for immediate deployment.
    • Standby Reserve: Composed of reservists aged 36–51, mobilized only during national emergencies or war.
    • Retired Reserve: Composed of reservists who have retired due to length of service, old age (65 years), or disability.
  2. Applicability of Section 13(3):
    Section 13(3) of R.A. 7077 explicitly states that 65 years is the retirement age for reservists. Col. Cabarrus, as a third-category reservist (above 51 years old), was subject to this provision.

  3. Active Duty vs. Reserve Status:
    Col. Cabarrus was called to active duty in the AFP Reserve Command, a regular armed forces unit. However, his status as a reservist governed his retirement, not his active duty assignment.

  4. Limitation on Active Duty for Reservists:
    Section 53 of R.A. 7077 limits the active duty of reserve officers to a maximum of two years, extendable only during mobilization. Col. Cabarrus had already exceeded this period, making his removal from active duty lawful.

  5. Purpose of Reserve Forces:
    The Reserve Force’s mission is to provide a base for AFP expansion during emergencies, assist in disaster relief, and support socioeconomic development. Its members are not part of the regular armed forces unless mobilized.

In conclusion, the Court ruled that Col. Cabarrus’ retirement at age 65 was in accordance with R.A. 7077, and his continued service beyond that age was not legally permissible.


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