Title
Promotion policy for retired officers recalled
Law
Executive Order No. 205
Decision Date
May 31, 1939
Manuel L. Quezon establishes a policy allowing retired Philippine Army officers recalled to active duty to be eligible for promotion based on seniority and efficiency evaluations.

Questions (EXECUTIVE ORDER NO. 205)

To prescribe the policy governing the promotion of retired officers of the Philippine Army’s Regular Force who are recalled to active duty.

A retired officer recalled to active duty shall be eligible for promotion in the retired list while he continues on active duty, provided he is declared eligible for promotion by the Efficiency Board.

The Efficiency Board; the procedure is specified by Executive Order No. 169 dated October 15, 1938.

It establishes a condition precedent to eligibility: even if the officer is recalled to active duty, he must be declared eligible by the Efficiency Board before promotions can be granted.

Seniority in the corresponding grade or rank is determined by the length of active service rendered in each grade.

Promotions depend on relative standing within the same rank/grade, computed by active service length in that specific grade.

It ensures that the recalled retired officer’s promotion timing aligns with the next available seniority slot—specifically, the first regular officer who has less service in the grade and is being promoted.

It requires that such promotions be made coincident with the promotion of the first regular officer with less service in the same grade who is eligible for promotion.

No. The eligibility applies “while he continues on such active duty,” subject to Efficiency Board eligibility.

It implies that although the officer is recalled to active duty, the promotion is still within the framework of the retired list system contemplated by the order.

Executive Order No. 169 (October 15, 1938) entitled “Regulation governing seniority, promotion, and elimination of officers of the Regular Force, Philippine Army.”

He must (1) be declared eligible for promotion by the Efficiency Board, (2) remain on active duty, and (3) promotions must follow seniority rules based on active service length in each grade and the timing proviso tied to promotions of regular officers.

The one with longer active service in that grade would generally have higher seniority, subject to Efficiency Board eligibility and the coincidence rule.

They qualify the general rule of eligibility by imposing additional requirements: seniority computation and the coincidence of promotion timing with the first regular officer of less service in grade.


Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.