Question & AnswerQ&A (EXECUTIVE ORDER NO. 41)
The primary purpose of Executive Order No. 41 is to promulgate rules and regulations governing the detail or assignment of military personnel to civilian offices and officials in the Philippines.
The President of the Philippines has the authority to promulgate these rules and regulations by virtue of the powers vested in him by the Constitution and laws of the Philippines.
Requests for the detail of military personnel to civilian offices shall not be specified by name but by qualifications, except for the assignment of Aides-de-Camp and Military Assistants. If military personnel must be requested by name, the requesting agency must submit at least three names for each position to the approving authority.
An Aide-de-Camp is a commissioned officer of the Armed Forces of the Philippines in active service who is personally selected by a general, flag officer, or civilian official entitled to an aide-de-camp and is attached personally to that office to provide general assistance in duties.
A Military Assistant is a commissioned officer of the AFP in active service detailed and attached to a civilian government office to render professional aide and/or assistance regarding military matters.
The President of the Philippines, the Secretary of National Defense and his Undersecretaries, and visiting foreign military and civilian dignitaries as warranted by protocol during their visit are entitled to have Aides-de-Camp.
Military Assistants and enlisted aides may be assigned to the Office of the President, the Office of the Secretary of National Defense, the National Security Council, and the National Intelligence Coordinating Agency in such number and of such grades as the President or Secretary may determine. Specific assignments are also allowed to certain high civilian officials subject to the President's approval.
The Chief of Staff may authorize an AFP security detail to any civilian office, official, or private entity upon request when in his opinion it is in the public interest. Such detail shall only be for one mission lasting not more than 30 days and proper orders must be issued.
Assignments or details shall not exceed 0.5% of the officer strength and 0.2% of the enlisted strength of the AFP. While detailed to civilian offices, these personnel shall not receive pay or allowances from the AFP but from the civilian office's appropriations, except those assigned to certain security-related offices. Assignments, except for specified exceptions, shall be for a maximum of six months.
Yes, this Order does not regulate or apply to the assignment or detail of Army, Air Force, or Naval Attaches to Philippine diplomatic missions abroad.