Title
Regulations on AFP Reserve Officers' Career
Law
Executive Order No. 138
Decision Date
Jul 4, 1968
Executive Order No. 138 establishes promotion lists and guidelines for Reserve Officers in the Armed Forces of the Philippines, outlining criteria for seniority, promotion, and separation from service, while repealing inconsistent regulations except for Section II 1.
A

Determination of Seniority

  • Seniority for officers appointed on or before May 6, 1942, as established under a prior Executive Order, remains unchanged.
  • For other officers, seniority is determined by:
    • Longer active service in the permanent grade.
    • If equal, longer total active commissioned service.
    • If still equal, seniority by original appointment date.
    • If unresolved, seniority by age.
  • For officers appointed or promoted on or after this Order's promulgation:
    • Seniority among those appointed/promoted on the same date is as per appointment/promotion orders.
    • Those promoted under third-vacancy selection retain their seniority and are placed accordingly.

Promotion and Appointment

  • Active List:
    • Officers on active duty are promoted according to laws applicable to Regular Officers.
    • Both active and inactive service count for length of service requirements.
    • Promotion consideration respects the relative seniority order strictly.
  • Inactive List:
    • Eligibility for promotion based on vacancies above Major.
    • Specific time-in-grade requirements ranging from 3 to 7 years depending on rank.
    • Completion of active service, annual training, or schooling relevant to grade is mandatory.
    • Seniority considerations apply similarly as for active officers.
    • Academic qualifications and private or government sector experience are considered for promotion to field/general grades.
  • Age considerations:
    • Officers exceeding third reserve age remain in the inactive list until compulsory retirement.
    • Those beyond third reserve age are not called to active duty except in war or national emergency.
  • Reappointment in Higher Grade:
    • Inactive officers may resign and accept commissions in higher grades respecting seniority rules.
    • Must demonstrate competence and meet physical and mental requirements.
    • Cannot be placed on extended active tour within one year except in emergencies.
  • Officers leaving Regular Force may be appointed in the Reserve Force in the last active grade with eligibility governed accordingly.
  • Temporary Grades:
    • Officers called to active duty from inactive status do not assume grades higher than contemporaries.
    • Temporary grades revert automatically to permanent grades upon reversion to inactive status or promotions of subordinates.
  • Retired enlisted personnel with reserve commissions stay in the inactive list until compulsory retirement and can only be called to active duty in emergencies.

Separation from Reserve Service

  • Termination by death, resignation, or administrative/court-martial action.
  • Death reporting: active duty deaths reported as Regular Officers; inactive status deaths reported officially with details.
  • Resignations must be unconditional, in writing, and forwarded through channels.
  • Resignation during wartime/grave emergencies deferred until 6 months after official termination.
  • Separation for physical unfitness or misconduct, final conviction, inability to be located, foreign military service, loss of citizenship, or other reasons determined by the Secretary of National Defense.
  • Such separation includes forfeiture of appointment.

Repeal

  • Executive Order No. 260 (1957) and inconsistent regulations repealed except as needed to effect seniority provisions.

Administrative Authority

  • The Chief of Staff and Secretary of National Defense hold responsibilities to implement these rules, including publication, promotions, appointments, and separations.

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