Title
AFP Modernization and Fixed Tour of Duty Act
Law
Republic Act No. 11709
Decision Date
Apr 13, 2022
A Philippine law aims to enhance professionalism in the Armed Forces of the Philippines by strengthening the merit system, implementing fixed tour of duty for key officers, refining retirement rules, and introducing forced attrition for personnel who fail to qualify for promotion.

Questions (EXECUTIVE ORDER NO. 328)

It aims to strengthen professionalism in the AFP by enhancing the merit system, promoting qualified officers to higher ranks, avoiding “revolving door” promotions, refining retirement and commissionship rules, and supporting modernization through fixed tour of duty for key officers, adjusted retirement age, increased age of commissionship, an effective merit-based promotion/attrition system, and modified grade distribution.

Upon appointment, the Chief of Staff, Vice Chief of Staff, Deputy Chief of Staff, Commanding Generals of the Philippine Army and Air Force, Flag Officer in Command of the Philippine Navy, Unified Command Commanders, and the Inspector General.

Three (3) consecutive years. It commences on the date the appointment is signed.

Generally no; Section 4 prohibits extensions except as provided in Section 5. For the Chief of Staff, Section 5 allows extension in times of war or other national emergency declared by Congress, upon President’s authority.

They shall not be eligible for any other position in the AFP unless promoted to the position of Chief of Staff.

A General/Flag Officer of proven competence and academic excellence may be appointed as PMA Superintendent and is exempt from the maximum tenure-in-grade under the Act. The tour is four (4) years unless sooner terminated by higher authority; it cannot be held concurrently with other AFP positions except Chief of Staff; and must be compulsorily retired after completion or upon relief. Also, no officer over 58 years of age may be appointed as PMA Superintendent.

It shall not exceed three (3) years, but the President may extend it in times of war or other national emergency declared by Congress.

Generals/Flag Officers (O-7 to O-9) are compulsorily retired upon reaching age 59 or upon the maximum tenure-in-grade defined in the Act, whichever comes earlier.

Upon reaching age 56 or after accumulation of 30 years of satisfactory active duty, whichever is later.

They are compulsorily retired upon completion of the fixed tour regardless of age, unless promoted to Chief of Staff or unless relieved and not designated to or occupying any position in the AFP Table of Organization.

Officers and enlisted personnel shall be retired one rank higher from the last rank held, but retirement benefits are based on the permanent grade last held. The section does not apply to those already in active duty prior to the effectivity of the Act.

A mode of attrition where an officer or enlisted personnel, after failing to qualify for promotion due to his/her own fault, failure, negligence, or lack of individual merit—or after completing maximum tenure-in-grade without promotion—is later separated or retired from service.

If a Second Lieutenant/Ensign’s promotion is deferred once, the officer shall be separated in the permanent grade held on the first day of the third month after the President approves the promotions of officers recommended by the Selection Board that recommended the deferment.

All General/Flag Officer grades listed (O-10 General/Admiral, O-9 Lieutenant General/Vice Admiral, O-8 Major General/Rear Admiral, O-7 Brigadier General/Commodore) are set at a maximum of three (3) years tenure.

Colonel/Captain (O-6): 8 years; Lieutenant Colonel/Commander (O-5): 7 years; Major/Lieutenant Commander (O-4): 6 years; Captain/Lieutenant (O-3): 6 years.

If promotion requirements are not met, they are evaluated for attrition/retention. Maximum tenure-in-grade ranges from 3 years (E-10 to E-8), 5 years (E-7 to E-6 and E-5), 4 years (E-4 to E-1) except that separation/retirement follows existing laws for failure to be promoted after the maximum allowable tenure unless the member occupies a position requiring a higher grade.

Commissionship: initial appointment as Second Lieutenant (O-1) must be not less than 21 nor more than 28 years old, with special age ranges for Nurse Corps/Medical Administrative Corps, Dental Service/Veterinary Corps, and specified groups under PD 1908 and Corps of Professors. Enlistment: not less than 18 nor more than 26 years old, with a special enlistment option up to 35 years for highly desirable technical/skills qualifications.


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