Title
Combat Duty and Incentive Pay for AFP Personnel
Law
Executive Order No. 38
Decision Date
Apr 28, 2011
President Benigno S. Aquino III issues Executive Order No. 38 to consolidate and improve combat duty pay and combat incentive pay for members of the Armed Forces of the Philippines, recognizing their crucial role in national security and territorial sovereignty. The order establishes a new combat duty pay rate and provides additional combat incentive pay for personnel engaged in combat against insurgent, terrorist, and lawless groups.
A

Eligibility for Combat Duty Pay

  • Officers and enlisted personnel performing combat duties or activities as defined by regulations from the Secretary of National Defense are eligible.

Combat Incentive Pay Provisions

  • Revives provisions under EO No. 658 (s. 2007) granting an additional Combat Incentive Pay.
  • Personnel directly engaged in actual combat against insurgent, terrorist, or lawless groups are entitled to extra pay of One Hundred Fifty Pesos (P150.00) per day while in combat operations.
  • Conditions for entitlement include:
    • Combat operation must be under a specific Operations Order (OPORD) or Fragmentary Order (FRAG-O).
    • Personnel must be part of the task organization published in the OPORD.
    • Total Combat Incentive Pay per OPORD/FRAG-O is capped at One Thousand Five Hundred Pesos (P1,500.00).
  • The Combat Incentive Pay is in addition to the monthly Combat Duty Pay.

Funding Source and Budgeting

  • Initial funding from AFP Personal Services (PS) savings for FY 2010 and FY 2011.
  • Future funding to be included in the General Appropriations Act.
  • Allocation based on actual military personnel roster submitted to the Department of Budget and Management (DBM).

Legal Provisions: Separability Clause

  • Any provision declared invalid or unconstitutional shall not affect the validity of the remaining provisions.

Repeal of Conflicting Issuances

  • All previous executive orders, rules, and regulations inconsistent with this order are revoked, amended, or modified accordingly.

Effectivity

  • The order takes effect retroactively from January 1, 2011, and continues thereafter.

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