Title
Amendment on PH Military Academy appointments
Law
Republic Act No. 1068
Decision Date
Jun 12, 1954
Republic Act No. 1068 amends the provisions for the appointment and selection of cadets to the Military Academy, allowing the President to appoint cadets annually, with specific quotas for Congressional nominations, direct appointments, and foreign cadets, while also outlining the retirement benefits and commissioning process for graduates.
A

Legislative purpose and amendment

  • Republic Act No. 1068 amends Section 31 of Commonwealth Act No. 1, as previously amended by Commonwealth Act No. 385 and Commonwealth Act No. 569.
  • The amendment rewrites Section 31 to govern annual presidential appointment and related rules for cadets at the Philippine Military Academy.

Cadet corps strength and presidential appointments

  • Section 31 authorizes the President to appoint, annually, to the Military Academy the number of cadets necessary to maintain the Cadet Corps at a strength not to exceed 350 at any one time.
  • Presidential appointment is subject to physical and mental examination as the President may prescribe.
  • Cadets are selected from candidates who meet the admission conditions and who are nominated by members of Congress, subject to the exceptions and quotas stated in Section 31.
  • The President must appoint from among candidates who pass the physical and mental examinations, choosing those with the highest ratings to fill existing vacancies.

Admission qualifications and nominations

  • Candidates for admission must be single and must never have been married.
  • Candidates must be in good physical condition and must be not less than 17 nor more than 22 years of age on the first of April of the year of admission.
  • Admission candidates must be nominated by a member of Congress, and each member of Congress may nominate any number of candidates.
  • Appointment for vacancies is based on physical and mental examination results using candidates’ highest ratings.

Congressional district quota and at-large fallback

  • Section 31 allocates a quota of three (3) members of the Cadet Corps—the Congressional quota—to each Congressional District.
  • If no candidates from a given Congressional District attain the required minimum ratings, the President fills the vacancies in that Congressional quota from successful candidates at large with the highest ratings.

Direct presidential quotas without Congress

  • Section 31 provides that the President fills a quota of four (4) cadets directly, without Congressional nomination.
  • A quota of eight (8) cadets is filled directly, without Congressional nomination, from qualified candidates with the highest ratings who are:
    • enlisted men of the Regular Force; and
    • have completed at least one year of active military service and are in active status at the time of admission.
  • A quota of four (4) cadets is filled directly, without Congressional nomination, from qualified candidates with the highest ratings who are sons of enlisted men who are serving or who have honorably served for at least six (6) months in:
    • the Armed Forces of the Republic of the Philippines, or
    • the Armed Forces of the Commonwealth of the Philippines, or
    • duly recognized guerrilla units, or
    • the United States Armed Forces prior to July fourth, 1946.

Medal for valor special direct appointments

  • Physically qualified sons of military personnel who have been cited for and awarded the medal for valor may be appointed as cadets directly, without Congressional nomination, and without mental examination, by the President.
  • The number of such medal-for-valor cadets is not included in the Cadet Corps strength limit of 350.

Foreign cadet quota and funding

  • Section 31 provides for a quota of one (1) foreign cadet per class for each foreign country maintaining diplomatic relations with the Republic of the Philippines.
  • The quota condition requires that the pay and allowances per diems and traveling expenses of such foreign cadet are borne by the foreign country.
  • Foreign cadets must pass a qualifying mental examination.
  • The authorized number of foreign cadets for training is not included in the Cadet Corps strength limit of 350.

Pay, allowances, retirement for physical unfitness

  • Section 31 provides that the pay and allowances of students at the Military Academy are fixed by the President.
  • Any student except foreign cadets who, after entrance and before completion of the prescribed course of training, is found physically unfit for military duty due to injury or disease incident to service shall be:
    • retired with the rank of cadet; and
    • entitled to retired pay and allowances of second lieutenant of the Regular Force.

Commissioning upon graduation and rank rules

  • Upon satisfactory completion of the Military Academy course of instruction, candidates except foreign cadets shall be commissioned as second lieutenants in the Regular Forces, notwithstanding the age limits for appointment in the regular force prescribed in Section 4(b) of Republic Act No. 291.
  • The commissioned officers receive a relative rank in the order of final general standing as determined by the Academic Board and approved by the Chief of Staff.

Discharge and hazing dismissal consequences

  • Any cadet who is discharged prior to completion of the prescribed course of instruction shall not be commissioned in the Regular or Reserve Forces until after the members of the cadet’s class have been graduated and duly commissioned.
  • Any cadet dismissed for hazing shall not thereafter be eligible for appointment as a commissioned officer in the Regular or Reserve Forces.

Academic Board composition and degree authority

  • The Academic Board of the Philippine Military Academy is composed of:
    • the Superintendent;
    • the Dean of the Corps of Professors;
    • the Commandant of Cadets; and
    • the heads of departments.
  • The Academic Board has power to confer the degree of Bachelor of Science under rules and regulations that the Chief of Staff may prescribe, upon cadets who satisfactorily complete the approved course of studies.

Graduation leaves and cadet leave privileges

  • The Chief of Staff may grant graduation leaves of absence with full pay to all graduates who receive commissions in the Regular Force for a period not exceeding one (1) month, effective upon the date of graduation.
  • Cadets may be granted leaves of absence from the Military Academy under rules and regulations that the Chief of Staff may prescribe.
  • Academic leaves of absence without deduction from pay and allowances may be authorized for the:
    • Superintendent,
    • professors,
    • assistant professors,
    • instructors, and
    • other officers of the Military Academy
      for the entire period of suspension of ordinary academic studies under rules and regulations the Chief of Staff may prescribe.
  • Officers of the Reserve Force assigned for duty at the Military Academy are entitled to the same leave privileges authorized for officers of the Regular Force.

Repeal, separability, or sunset

  • Republic Act No. 1068 contains no separability clause, sunset provision, or express repeal of other provisions beyond its amendment of Section 31 of Commonwealth Act No. 1.

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