Question & AnswerQ&A (EXECUTIVE ORDER NO. 337)
The President of the Philippines has the authority to approve the discharge or separation of such officers from the service.
The officer's name and record must be referred by the Chief of Staff or the Commander of the Major Service to the appropriate Efficiency and Separation Board to determine suitability or fitness for retention.
The Boards determine the suitability or fitness of officers for retention or discharge, particularly reviewing cases of misconduct, inefficiency, or mandatory eliminations by law.
The Board consists of 5 to 7 officers, including one member from the Judge Advocate General's Service, appointed from officers assigned to the command concerned, who must be senior in permanent grade to the officer under consideration and not below Colonel (or Navy Captain).
Yes, the Chief of Staff, Vice Chief of Staff, Deputy Chief of Staff, Deputy Chief of Staff for Personnel, and equivalent commanders in the Major Services are not eligible to serve as members.
The officer must be notified, allowed to have counsel of his choice, appear personally or through counsel, be informed of all evidence and charges against him, and be given opportunity to present evidence and refute charges.
The Board considers proficiency, experience, accomplishments, attitude, ability, character, general value to the service, and findings of the Selection Board pursuant to RA 291, but excludes political, social, financial or other non-military factors.
The case is closed and the officer is notified in writing of his retention.
Members serve two-year terms unless relieved earlier, and members must take an oath of office before discharge of duties.
The officer is entitled to gratuity, pension, separation pay, or retirement benefits authorized by law.