Army Officer Seniority and Promotion Rules

Covered military officers and precedence

Regular officers of the same grade take precedence over reserve officers of like grade (Paragraph I, Section 1).
The rules apply to officers commissioned in the active elements of the military forces authorized for the Commonwealth, and control seniority among them (Section I).
The rules govern promotion for officers below the grade of colonel (preamble).

Seniority list; when and how it is set

After the initial establishment of a Regular Officer Corps in the Philippine Army, the Chief of Staff must prepare an initial seniority list showing the names of all officers then commissioned in the Army (Paragraph I, Section 2).
When the initial seniority list is approved by the President, it establishes the officers’ permanent relative seniority (Paragraph I, Section 2).
With specific exceptions caused by original appointments directed by the President, officers of the Philippine Constabulary and the Philippine Army must occupy the same relative standing among themselves in each category as existed at the time of transfer (Paragraph I, Section 2).
Thereafter, seniority in a grade is established by total length of service therein, for officers appointed or promoted to that grade (Paragraph I, Section 2).
An officer of the Army may suffer a loss of seniority at any time as a result of an approved sentence of a court martial (Paragraph I, Section 2).

Seniority maintenance; annual updates and publication

The Chief of Staff must enter on the approved seniority list all changes due to separations, appointments, loss of rank by court martial, and other changes arising from law or regulations (Paragraph I, Section 3).
The corrected seniority list must be published to the Army at least once each year (Paragraph I, Section 3).

Promotion limits; grades above first lieutenant

The number of officers to be maintained in each grade above first lieutenant in the Regular Force is regulated by law (Paragraph II, Section 1).
Promotion to any grade above first lieutenant may be made only when the number of officers commissioned therein becomes less than that legally authorized (Paragraph II, Section 1).

Promotion rules; no change of arm; time-in-grade

Promotion does not change the arm or service in which an officer may be commissioned (Paragraph II, Section 2(a)).
Third lieutenants are promoted to second lieutenant upon completion of two (2) years commissioned service (Paragraph II, Section 2(b)).
Second lieutenants are promoted to first lieutenant upon completion of five (5) years commissioned service (Paragraph II, Section 2(b)).

Promotion eligibility for lieutenants; Chief of Staff referral

If a third or second lieutenant fails, in the opinion of the Chief of Staff, to demonstrate satisfactory qualifications as an officer of the Army, the officer’s name and record must be presented to the Promotion Eligibility Board for consideration for retention in the service (Paragraph II, Section 2(b)).
If the Board finds the officer’s service or qualifications unsatisfactory, it must report to the President (Paragraph II, Section 2(b)).
Upon President approval of the Board’s findings, the concerned officer must be discharged (Paragraph II, Section 2(b)).

Filling vacancies between captain and colonel

Whenever a vacancy occurs in a grade between captain and colonel, inclusive, the vacancy must be filled by the promotion of the senior officer in the grade next below (Paragraph II, Section 2(c)).
No officer may be promoted whose name is not then borne on the promotion eligible list (Paragraph II, Section 2(c)).
Any officer whose name is not borne on the eligible list at the time advancement is due by reason of seniority must be passed over, and the next senior officer whose name is borne on the eligible list must be promoted (Paragraph II, Section 2(c)).

Effects of being passed over; separation and transfer

An officer passed over must be separated from the active list upon expiration of the accrued leave due at that time (Paragraph II, Section 2(c)).
If the officer so requests, he must be transferred in grade to the Reserve Force in the same branch or service (Paragraph II, Section 2(c)).
The officer then becomes eligible for promotion in the Reserve Force subject to the same examination, tests, and conditions prescribed by regulations or law for promotion of other reserve officers (Paragraph II, Section 2(c)).

Cash bonus or retired compensation after active separation

Officers separated under the pass-over provisions are entitled to either a cash bonus or retired compensation unless the Board finds the separation is due to the officer’s own misconduct or willful failure (Paragraph II, Section 3).
The cash bonus is based on one month’s base and longevity pay for each complete year of commissioned service in the active elements of the Constabulary or the Army of the Philippines, or both, if total commissioned service is less than ten years (Paragraph II, Section 3(a)).
If commissioned service totals ten years or more, the officer may elect either:
- a cash bonus on the same basis as for less than ten years; or
- retired pay equal to one and one-half per centum (1½%) of base and longevity pay (as received at separation from the active list) multiplied by the number of complete years served as a commissioned officer (Paragraph II, Section 3(b)).

Promotion Eligibility Board; annual appointment

A Promotion Eligibility Board must be appointed annually by the President (Paragraph III, Section 1).
The Board’s functions include determining promotion eligibility and, for third and second lieutenants, considering recommendations pertaining to discharge (Paragraph III, Section 4(b) and Section 4(c)).

Board composition and limits

The Promotion Eligibility Board consists of five members (Paragraph III, Section 2(a)).
At least four members must come from among active officers of the Army not below the grade of colonel (Paragraph III, Section 2(a)).
One member may be either:
- a retired officer not below the grade of colonel, or
- a civilian holding no government position of any kind, whether elective or appointive (Paragraph III, Section 2(a)).
No civilian may serve on a Promotion Eligibility Board more than once (Paragraph III, Section 2(b)).
Not more than one military member may serve on two successive Boards.
A military member serving on two successive Boards may not serve on another Board within three years (Paragraph III, Section 2(c)).
The Chief of Staff and the Deputy Chief of Staff may not be members of any Board (Paragraph III, Section 2(d)).

Board support; information access and records

The Chief of Staff must furnish the Board the seniority list of the Army, completely corrected to date, and an estimate of vacancies likely to occur in each grade during the ensuing year (Paragraph III, Section 3(a)).
The Chief of Staff must provide office supplies and clerical assistance as required by the Board (Paragraph III, Section 3(a)).
The Chief of Staff must assign an officer to serve as secretary without vote (Paragraph III, Section 3(a)).
The Board must be given the complete official records of all officers on the active list of the Army, except:
- no document or record that emanated during an officer’s service from any source other than his properly constituted military or civil superiors may be submitted to or considered by the Board (Paragraph III, Section 3(a)).

Board procedures; voting, decisions, and confidentiality

The Chairman of the Board is designated by the President (Paragraph III, Section 4(a)).
All Board decisions are designated by the President (Paragraph III, Section 4(a)).
Decisions are reached by majority vote (Paragraph III, Section 4(a)).
The Board’s eligibility lists must remain unchanged during the calendar year to which they apply (Paragraph III, Section 4(f)).
The decisions and proceedings of Eligibility Boards are confidential (Paragraph III, Section 4(f)).
Complete reports must be submitted to the President at the earliest practicable date after completion (Paragraph III, Section 4(f)).

Eligibility determination; doubling vacancies

The Board must determine annually the eligibility for promotion of officers between the grades of first lieutenant and lieutenant colonel, inclusive (Paragraph III, Section 4(c)).
The Board must consider first the suitability for promotion of the senior officer in each grade, and then proceed progressively to the next senior until it has listed as eligible a number double the vacancies estimated by the Chief of Staff as likely to occur in the next higher grade during the ensuing calendar year (Paragraph III, Section 4(c)).
The eligible list serves as the promotion eligibility list and must be published to the service (Paragraph III, Section 4(f)).

Special reports; omissions and appeals to President

If a Board omits from the eligible list the name of any officer who was found by the preceding Eligibility Board to be qualified for promotion to the next higher grade, the Board must submit a special report to the President clearly stating the reasons for the omission (Paragraph III, Section 4(d)).
The Board must promptly forward a copy of the special report, through the Chief of Staff, to the officer concerned, and the officer has the right to appeal in writing to the President (Paragraph III, Section 4(d)).
Appeals must be submitted through the Chief of Staff and may be accompanied by documentary supporting evidence (Paragraph III, Section 4(d)).
The President’s decision on the appeal is final (Paragraph III, Section 4(d)).

Standards for eligibility; military factors only

In determining eligibility, the Board must weigh:
- the officer’s professional efficiency, experience, accomplishments, attitude, and ability; and
- the officer’s character and general value to the Government (Paragraph III, Section 4(e)).
No weight attaches to any political, social, financial, or other non-military factor (Paragraph III, Section 4(e)).
When an officer’s physical qualifications are called into question, the case must be referred through the Adjutant General to a Board for determination of physical fitness (Paragraph III, Section 4(e)).