Army Officer Seniority and Promotion Rules

Declared seniority rules

Section 1 provides that regular officers take precedence over reserve officers of like grade.
Section 2 requires that, after the initial establishment of a Regular Officer Corps in the Philippine Army, the Chief of Staff prepares an initial seniority list showing the names of all officers then commissioned in the Army.
Section 2 provides that when the President approves the initial seniority list, it permanently establishes the relative seniority of those officers.
Section 2 provides that, subject to specific exceptions occasioned by original appointments directed by the President, officers of the Philippine Constabulary and the Philippine Army occupy the same relative standing among themselves in each category as that existing at the time of transfer.
Section 2 provides that officers thereafter appointed or promoted to a grade establish seniority in that grade according to total length of service therein.
Section 2 allows an officer of the Army to suffer loss of seniority at any time as the result of an approved sentence of a court martial.
Section 3 requires the Chief of Staff to enter on the approved seniority list all changes caused by separations, appointments, loss of rank by court martial, and other legal/regulatory operations.
Section 3 requires that the corrected seniority list be published to the Army at least once each year.

Promotion: numerical limits and eligibility lists

Section II.1 provides that the number of officers to be maintained in each grade above first lieutenant in the Regular Force is regulated by law.
Section II.1 provides that promotion to those grades may be made only when the number of officers commissioned therein becomes less than that legally authorized.
Section II.2(a) provides that promotion does not change the arm or service in which an officer may be commissioned.
Section II.2(b) provides that third lieutenants are promoted to second lieutenant upon completion of two (2) years commissioned service.
Section II.2(b) provides that second lieutenants are promoted to first lieutenant upon completion of five (5) years commissioned service.
Section II.2(b) provides that if a third or second lieutenant, in the opinion of the Chief of Staff, fails 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 as to suitability for retention in the service.
Section II.2(b) provides that if the Board deems the officer’s service or qualifications unsatisfactory, it reports to the President, and upon the President’s approval of the Board’s findings, the officer concerned is discharged.
Section II.2(c) provides that when a vacancy occurs in a grade between captain and colonel, inclusive, the vacancy is filled by promotion of the senior officer in the grade next below.
Section II.2(c) provides that no officer may be promoted unless the officer’s name is borne on the promotion eligible list described in Section II.2(c).
Section II.2(c) provides that an officer whose name is not borne on the eligible list at the time advancement becomes due by seniority is passed over, and the next senior officer whose name is so borne is promoted.
Section II.2(c) provides that an officer so passed over, upon expiration of the accrued leave then due, is separated from the active list.
Section II.2(c) provides that the separated officer may request transfer in grade and, if requested, transfer to the Reserve Force in the same branch or service.
Section II.2(c) provides that the transferred officer 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.

Time-based promotion for junior officers

Section II.2(b) provides that promotion of third lieutenants to second lieutenant is automatic upon completion of two (2) years commissioned service.
Section II.2(b) provides that promotion of second lieutenants to first lieutenant is automatic upon completion of five (5) years commissioned service.
Section II.2(b) provides that qualification issues trigger referral to the Promotion Eligibility Board for consideration of retention.
Section II.2(b) provides that unsatisfactory service or qualifications, upon Board determination and President approval, leads to discharge.

Cash bonus and retired compensation

Section II.3 provides that officers separated from the active list under Section II.2 are entitled to compensation unless the Board finds the separation reason is due to the officer’s own misconduct or willful failure.
Section II.3(a) provides that if the officer served a total of less than ten years as a commissioned officer in the active elements of the Constabulary or the Army of the Philippines, or both, the officer receives a bonus equal to one month as base and longevity pay (as received at the time of separation) for each complete year of such service.
Section II.3(b) provides that if the officer’s commissioned service totals ten years or more, the officer may elect either:
- a cash bonus on the same basis as under Section II.3(a); or
- a retired pay equal to one and one-half per centum (1½%) of base and longevity pay (as received at separation) multiplied by the number of complete years served as a commissioned officer.

Promotion Eligibility Board creation and membership

Section III.1 requires that a Promotion Eligibility Board be appointed annually by the President.
Section III.2(a) provides that the Board has five members, with not less than four members taken from active Army officers of not below the grade of colonel.
Section III.2(a) provides that one member may be either:
- a retired officer of not below the grade of colonel, or
- a civilian holding no government position of any kind, either elective or appointive.
Section III.2(b) provides that no civilian may serve on a Promotion Eligibility Board more than once.
Section III.2(c) provides that not more than one military member may serve on two successive Boards, and a member serving on two successive Boards may not serve on another Board within three years.
Section III.2(d) prohibits the Chief of Staff and the Deputy Chief of Staff from being members of any Board.

Board support, records, and confidentiality

Section III.3(a) requires the Chief of Staff to furnish the Board the seniority list of the Army, completely corrected to date, plus an estimate of the number of vacancies likely to occur in each grade during the ensuing year.
Section III.3(a) requires the Chief of Staff to provide office supplies and clerical assistance as required by the Board and to designate an officer to serve as secretary without vote.
Section III.3(a) requires that the Board be given complete official records of all officers on the Army’s active list.
Section III.3(a) provides that no document or record that during an officer’s service emanated from a source other than the officer’s properly constituted military or civil superiors is submitted to or considered by the Board.
Section III.4(a) provides that the Chairman is designated by the President and that all Board decisions are designated by the President; decisions are reached by majority vote.
Section III.4(f) provides that Board decisions and proceedings are confidential.
Section III.4(f) requires complete reports to be submitted to the President at the earliest practicable date after completion.
Section III.4(f) provides that the names of officers reported as eligible for promotion form the promotion eligibility lists for the several grades.
Section III.4(f) requires that the eligibility lists be published and remain unchanged during the calendar year to which they apply.

Board duties: who it considers and how

Section III.4(b) directs the Board to consider recommendations of the Chief of Staff pertaining to the discharge of third and second lieutenants.
Section III.4(c) requires the Board to determine annually the eligibility for promotion of officers between first lieutenant and lieutenant colonel, inclusive.
Section III.4(c) requires the Board to consider first the suitability for promotion of the senior officer in each grade, then proceed progressively to the next senior officers.
Section III.4(c) requires that the Board list officers as eligible for promotion until the number eligible equals double the number of vacancies estimated by the Chief of Staff to occur in the next higher grade during the ensuing calendar year.
Section III.4(e) requires the Board to weigh professional efficiency, experience, accomplishments, attitude, and ability, and also character and general value to the Government for eligibility determination.
Section III.4(e) provides that no weight attaches to any political, social, financial, or any other factor not military in nature.
Section III.4(e) requires referral through the Adjutant General to a Board for determination of physical fitness whenever an officer’s physical qualifications are called into question.

Omission, special report, and appeal

Section III.4(d) provides that if a Promotion Eligibility Board omits from the eligible list an officer previously found qualified by the preceding Eligibility Board for promotion to the next higher grade, the Board must submit a special report to the President stating clearly the reasons for the omission.
Section III.4(d) requires that a copy of the special report be promptly forwarded through the Chief of Staff to the officer concerned.
Section III.4(d) provides that the officer may appeal in writing to the President.
Section III.4(d) provides that appeals must be submitted through the Chief of Staff and may be accompanied by documentary supporting evidence.
Section III.4(d) provides that the President’s decision is final.

Effectivity and publication

Executive Order No. 10 directs issuance on January 11, 1936 and is signed by Manuel L. Quezon, with TEOFILO SISON signing as Secretary of the Interior by authority of the President.
No separate publication, filing, transitory clause, or specific effectivity date is stated within the operative provisions governing seniority, promotion, and Promotion Eligibility Boards.