Title
Supreme Court
Allow marriage after 3 years AFP female service
Law
Presidential Decree No. 1910
Decision Date
Mar 22, 1984
Presidential Decree No. 1910 allows female military members in the Philippines to marry after three years of service, modifying previous restrictions and aiming to address demoralization and ensure equal treatment, while also allowing previously separated or discharged members to be called back to active duty or reinstated.

Law Summary

Restriction on Marriage and Service Requirement

  • Female military members who marry while in active service are subject to automatic separation unless they have completed at least three (3) years of continuous active military service.
  • This provision replaces previous rules that either mandated automatic discharge upon marriage or required longer service periods (e.g., five years as per previous regulations).

Reinstatement and Recall to Active Duty

  • Female members who were previously separated or discharged honorably due to marriage may be recalled to active duty or reinstated.
  • Such recall or reinstatement is subject to the condition that the member meets the three-year continuous active service requirement.
  • The Chief of Staff of the AFP is tasked with prescribing the specific rules and regulations governing recall or reinstatement.

Repeal and Modification of Inconsistent Laws

  • Any laws, decrees, presidential or executive orders, or rules inconsistent with this decree are repealed or modified accordingly.

Effectivity

  • The decree takes effect immediately upon approval, ensuring that the provisions apply from the date of enactment forward.

Legal and Social Considerations

  • The decree addresses concerns of demoralization among female military personnel caused by previous restrictive rules.
  • It recognizes the right of female military members to exercise their solemn prerogative to marry without undue prejudice.
  • The decree seeks to align military policy with more equitable treatment compared to civilian government service counterparts.

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