QuestionsQuestions (EXECUTIVE ORDER NO. 475)
Officers of the Regular Force of the AFP and Reserve Officers on extended tour to active duty for six months or more may be administratively discharged or separated only upon the approval of the President.
When an officer commits misconduct of such nature and gravity as to warrant his discharge or separation, his name and record are referred by the Chief of Staff AFP or the Commander of the Major Service to the AFP Efficiency and Separation Board.
They shall cause periodic or as-needed review of the personal records and efficiency of officers under their command and refer to the Board those whose qualifications and efficiency are unsatisfactory.
If elimination is made mandatory by RA 291 (as amended) or other pertinent laws, the sole function of the AFP Efficiency and Separation Board is to determine whether the officer’s separation was due to misconduct, willful failure, intemperate use of drugs or alcoholic liquor, or vicious or immoral habits.
If discharged or separated for reasons other than his own misconduct, willful failure, intemperate use of drugs or alcoholic liquor, or vicious or immoral habits, he is entitled to such gratuity, pension, separation pay, or retirement benefits as authorized by law.
EO No. 475 establishes the AFP Efficiency and Separation Board and requires it to expeditiously pass upon the discharge or separation of AFP officers on the grounds specified in paragraphs 2a, 2b, and 2c.
Members are appointed by the Secretary of National Defense, who designates the Chairman.
Members serve for a term of two years unless sooner relieved by the Secretary of National Defense, and before discharging their duties, they must take their oath of office.
It has six voting members: one from each of the four Major Services, one from General Headquarters AFP or an AFP Wide Separate and Support Unit, and one from the Judge Advocate General’s Service.
In all hearings and deliberations, the member belonging to the Judge Advocate General’s Service must be present.
The Chief of Staff AFP designates an officer (member of the Philippine Bar) as counsel for the Board, without vote, to assist in examining witnesses and evidence; he may issue subpoenas and subpoenas duces tecum when directed by the Chairman.
The Chief of Staff, Vice Chief of Staff, Deputy Chief of Staff, and Deputy Chief of Staff for Personnel of AFP; and at the Major Service level, the Commander/Deputy/Vice Commander, Chief of Staff, and Assistant Chief of Staff for Personnel of any Major Service are not eligible.
Proceedings and decisions are confidential; quorum is a majority of all members; decisions are reached by a majority vote of members present.
The officer must be notified, allowed counsel of his own selection, permitted to appear personally or through counsel, able to present facts/arguments/witnesses, informed of all evidence, charges, and reports, and given full opportunity to refute them.
The Board must recommend specifically retention or separation (subject to the limitation in paragraph 2c); it must submit a complete report and the record of investigation to the Chief of Staff AFP for review.
If separation is concurred in by the Chief of Staff AFP, it is forwarded to the President through the Secretary of National Defense for final decision. If retention/separation is not concurred in by the Chief of Staff AFP, the case is also forwarded to the President through the Secretary of National Defense for final decision.
The case is considered closed, and the officer is notified in writing.
He may remand the case to the AFP Efficiency and Separation Board for such further action or proceedings as, in his opinion, is necessary for a full, fair, and impartial investigation.
It weighs proficiency, experience, accomplishments, attitude, ability, character, and general value to the service; it gives due weight to Selection Board findings pursuant to RA 291, but it must not attach weight to political, social, financial, or other non-military factors.