Title
Amendment to Officer Appointment Rules
Law
Commonwealth Act No. 645
Decision Date
Jun 11, 1941
Commonwealth Act No. 645 amends the qualifications and criteria for appointments of regular officers in the military, including age requirements, priority for graduates of military academies, and special appointments in certain services.

Questions (Commonwealth Act No. 645)

CA No. 645 amends subsection (c), Section 22 of Commonwealth Act No. 1 (the National Defense Act, as amended), specifically changing/clarifying the rules on appointment and promotion of regular officers in the Army of the Philippines.

Except as otherwise authorized, all appointments of regular officers are in the grade of third lieutenant.

Applicants must be not less than twenty-one nor more than twenty-six years of age at the time of appointment.

Priority is given: (1) graduates of the Military or Naval Academy; (2) graduates of senior military training units in schools and colleges; (3) enlisted men who have served more than one year in the Army of the Philippines; and (4) others.

Original appointments in the Judge Advocate General’s Service, the Medical Service, and the Chaplain Service are made in the grade of first lieutenant, subject to specific age and practice requirements.

Applicants must be not less than twenty-five nor more than thirty-five years of age at the time of appointment.

The applicant must have engaged in the practice of law for at least five years if the appointment is to be made in the Judge Advocate General’s Service.

Yes. The law provides that, upon passage of the Act, such officers whose present grade is lower than first lieutenant shall be given the grade of first lieutenant.

For six years following approval, the President is authorized to fill vacancies in any commissioned grade in the Army of the Philippines by appointment of specified qualified persons (e.g., Philippine Constabulary officers, Philippine Scouts and Reserve Corps officers, U.S. Army officers’ transferees with lawful honorable severance, and U.S. Naval Academy graduates, among others).

They must, prior to their appointment in the Army of the Philippines, have legally and honorably severed their connection with the active elements of the Army of the United States.

Yes. It allows “such others as may qualify through professional and military examination prescribed for the purpose.”

The President may appoint professors and assistant professors in the Department of Mathematics and Natural Philosophy, Department of Engineering, and Department of Languages and Social Arts of the Military Academy: (1) without military rank with compensation as he may prescribe; or (2) in commissioned grades of the regular force as he may determine.

They are to be carried on a separate roster apart from the general roster of the Army and in addition to the number of commissioned officers prescribed in subparagraph (d). No transfer of these professors with military rank to other branches of the Army is permitted.

The law states that the President may thereafter promote them under such regulations as he may prescribe.

Such an officer may be promoted temporarily to the rank of major without vacating his permanent commission; the temporary rank is in addition to the authorized strength of the Officer Corps.

It takes effect upon its approval.


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