Title
Presidential Appointment of Reserve Officers
Law
Republic Act No. 645
Decision Date
Jun 12, 1951
Republic Act No. 645 grants the President of the Philippines the power to appoint officers from the reserve force of the Armed Forces above the rank of Second Lieutenant, with limitations on the number of appointments, and credits years of active service towards their military careers.

Questions (Republic Act No. 645)

RA 645 authorizes the President to appoint reserve officers from the Armed Forces of the Philippines (AFP) into the regular force, within a limited period and subject to numerical limits and conditions specified in the law.

The President is authorized, within three years from the effectivity of the Act, to appoint eligible reserve officers into the regular force of the AFP, upon recommendation of the Secretary of National Defense.

The appointments must be of officers from the reserve force above the grade of Second Lieutenant.

In the first year, the number of appointees must not exceed one hundred and fifty (150) officers.

After the first year, the number of appointees must not exceed fifty (50) officers yearly.

It overrides section 4(c) of Republic Act No. 291, to the extent necessary to implement RA 645’s authorization and rules.

Appointments must be made upon recommendation of the Secretary of National Defense.

The Act authorizes the President to prescribe the rules and regulations under which the appointments may be made.

Yes. In computing the years of active service of any reserve officer, he shall be credited with the number of years of active service rendered after the date of appointment.

Any probationary period that may be required under the Act shall not extend beyond the period of effectivity of RA 645.

RA 645 takes effect on July 1, 1952.

The three-year period runs from the effectivity date; thus, appointments may be authorized within three years from July 1, 1952.

It limits the President’s authority to the specified timeframe; appointments authorized after the period would not be covered by RA 645’s special authority.

While it allows the President to set rules and regulations, it imposes statutory constraints: eligibility (above Second Lieutenant), recommendation requirement, numerical caps, probationary-period cap, and timeframe.

A specific effective date clarifies when the law becomes operative, while limiting probation ensures that the special appointment framework does not extend beyond the Act’s period of effectivity.


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