Policy and reason for the rule
- The decree addresses a restriction that limits female military members’ ability to contract marriage during active service.
- The decree recognizes Section 5 of Republic Act No. 3825 as requiring automatic separation or discharge for certain women’s service members who contract marriage.
- The decree recognizes Presidential Decree No. 1043 as modifying the restriction to require five years of continuous active service before a member of the Women’s Auxiliary Corps can marry without separation or discharge.
- The decree identifies similar restrictions in current AFP regulations for officers and enlisted women of the Nurse Corps.
- The decree states that the restriction causes demoralization because it is viewed as limiting the solemn and inherent prerogative to contract marriage at any time and is prejudicial to welfare since it is not applied to civilian counterparts.
Scope: who is covered
- Section 1 applies to any female commissioned officer in the AFP who contracts marriage on or after approval of the decree while in active service.
- Section 1 applies to any enlisted woman in the AFP who contracts marriage on or after approval of the decree while in active service.
- The operative rule uses the requirement of continuous active military service in the Armed Forces of the Philippines as the condition to avoid automatic separation.
- Section 1 also covers female AFP members who were previously separated or discharged honorably by reason of marriage.
- The decree’s reinstatement/call to active duty in Section 1 is conditioned on meeting the same service requirement and subject to rules set by the Chief of Staff, AFP.
Core rule on marriage and separation
- Section 1 requires automatic separation for any covered female AFP member who contracts marriage on or after approval of the decree while in active service.
- The automatic separation does not apply if, at the time of marriage, the female AFP member has already completed at least three (3) years of continuous active military service in the Armed Forces of the Philippines.
- Section 1 ties eligibility to the member’s completion of the three (3) years requirement at the time of said marriage.
- Section 1 establishes that the decree’s marriage rule is enforced during active service.
- Section 1 sets the operative threshold as three (3) years rather than a longer period.
Reinstatement and active-duty recall
- Section 1 provides that any female AFP member previously separated or discharged honorably by reason of marriage may be called to active duty or reinstated.
- Reinstatement or call to active duty under Section 1 is subject to the service condition that the member has completed at least three (3) years of continuous active military service.
- Section 1 authorizes that reinstatement/call to active duty shall be done in accordance with rules and regulations prescribed by the Chief of Staff, AFP.
Repeal or modification of inconsistent laws
- Section 2 provides that any law, decree, letters of instructions, presidential or executive orders, rules and regulations inconsistent with Presidential Decree No. 1910 are repealed or modified accordingly.
- Section 2 operates as a general conflict rule, ensuring prior marriage-disqualification periods or restrictions that conflict with the three (3) years threshold are adjusted in accordance with the decree.
- The decree’s operative threshold in Section 1 effectively supersedes inconsistent prior restrictions that imposed a different minimum period for marriage without separation or discharge.