Law Summary

Introduction

Presidential Decree No. 1650 was issued on November 8, 1979, to amend certain sections of Presidential Decree No. 1638, which established a new retirement and separation system for military personnel in the Armed Forces of the Philippines (AFP). The amendments aim to clarify ambiguities and ensure the effective implementation of retirement provisions.

Section 1: Amendment of Active Service Definition

• Legal Principle/Provision: This section amends the definition of "active service" for military personnel.
• Key Definitions Introduced:
  • Active Service: Includes service as a commissioned officer, enlisted man, cadet, probationary officer, trainee, or draftee in the AFP, as well as civilian service in the Philippine Government prior to retirement.
• Important Requirements/Procedures:
  • Military personnel must have rendered at least ten (10) years of active service for retirement eligibility.
  • Civilian service cannot exceed the duration of military service for retirement credit.
• Relevant Timeframes: None specified.
• Consequences: Failure to meet the service requirements may affect retirement eligibility.

• Active service now includes both military and certain civilian service. • A minimum of ten years of active service is required for retirement. • Civilian service cannot exceed active military service for retirement purposes.

Section 2: Amendment of Compulsory Retirement Provisions

• Legal Principle/Provision: This section amends the rules governing the compulsory retirement of military personnel.
• Key Definitions Introduced:
  • Compulsory Retirement: Defined as retirement upon reaching age 56 or accumulating 30 years of service, whichever occurs later.
• Important Requirements/Procedures:
  • Personnel must be at least 56 years old or have 30 years of active service for compulsory retirement.
  • Personnel who reach 56 with at least 20 years of active service may complete 30 years of service, but not beyond their 60th birthday.
  • Tour of Duty: Officers in statutory positions may defer retirement until completing their tour.
  • The President may extend active service if deemed beneficial.
• Relevant Timeframes:
  • Compulsory retirement can occur upon reaching age 56 or upon completing 30 years of service.
  • An additional period of service up to six years is applicable for certain personnel.
• Consequences: Not adhering to these provisions may result in premature retirement.

• Compulsory retirement occurs at age 56 or after 30 years of service. • Officers with 20 years of service at 56 may complete 30 years until age 60. • The President can extend service for beneficial reasons.

Additional Provisions for Early Retirement

• Legal Principle/Provision: This section outlines provisions for military personnel retiring within the first six calendar years of the Decree's effectivity.
• Key Definitions Introduced: None specific to this section.
• Important Requirements/Procedures:
  • Personnel who would retire under previous laws may retire based on the completion of an additional service period of one to six years.
  • Conditions apply that they must retire before age 56 or completion of 30 years of service.
  • Personnel aged 56 with less than 30 years of service may complete up to 30 years until age 60.
• Relevant Timeframes: Specific additional service periods must be completed before the person's 56th birthday or the 30-year service cap.
• Consequences: Failure to meet the active service requirement renders personnel ineligible for retirement under these provisions.

• Special provisions for early retirement apply for personnel within the first six years of the Decree. • Additional service periods of up to six years must be served. • Provisions allow for completion of 30 years of service until age 60.

Effectivity

• Legal Principle/Provision: The Decree takes effect immediately upon issuance.
• Key Definitions Introduced: None specific to this section.
• Important Requirements/Procedures: Immediate implementation.
• Relevant Timeframes: The Decree is effective immediately as of November 8, 1979.
• Consequences: Immediate application to all affected military personnel.

• The Decree takes effect immediately upon promulgation.

Key Takeaways

• Clarification of Active Service: The definition now includes military and limited civilian service.
• Compulsory Retirement Rules: Set at age 56 or after 30 years of service, with provisions for extending active service.
• Transitional Provisions: Allow for additional service periods for personnel affected by the Decree's implementation.
• Immediate Effectivity: The amendments apply immediately to ensure clarity and avoid inequities in military retirement.