Legal basis and constitutional/policy anchors
- The Order is anchored on Article II, Section 3 of the 1987 Constitution, which mandates the AFP to protect the people and the State and secure national sovereignty and territorial integrity.
- The Order cites Section 35(b)(3) of Republic Act No. 6975 (the “Department of the Interior and Local Government Act (DILG) of 1990”), which mandates the Police Security Unit (later renamed Police Security and Protection Group (PSPG)) to provide security for government officials, foreign dignitaries, and authorized persons.
- The Order invokes Article VII, Section 18 of the Constitution empowering the President, as Commander-in-Chief of the AFP, to issue orders, policies, rules, and regulations governing AFP utilization and deployment.
- The Order cites Article VII, Section 17 of the Constitution providing that the President has control of all executive departments, bureaus, and offices.
- The Order also recognizes that EO No. 41 (s. 1966) and EO No. 207 (s. 2016) allow the detail of military personnel to civilian offices and/or officials to serve as security detail, and it rationalizes and updates the rules.
Definitions of key personnel roles
- An Aide-de-Camp is a commissioned AFP officer in active service selected to provide general assistance to entitled government officials and foreign military or civilian dignitaries (Section 1(a)).
- A Military Assistant is a commissioned AFP officer with a field grade rank in active service, or in the appropriate rank of the AFP Technical Service, detailed to a civilian office and/or official to render professional/technical advice and assistance on military matters (Section 1(b)).
- A Military Administrative Assistant is an AFP non-commissioned officer with the rank of Staff Sergeant, Technical Sergeant, or Master Sergeant, or its equivalent in the Philippine Navy, detailed to a civilian office and/or official to render administrative assistance on military matters (Section 1(c)).
- Protective Security is PNP personnel, primarily from the PSPG, detailed to civilian government offices, officials, or individuals to provide security and ensure their safety (Section 1(d)).
Who may receive military detail
- Section 2 enumerates the persons entitled to the detail of military personnel.
- Aide-de-Camp entitlements include:
- The President, in such number and of such grades as he may determine;
- The Vice President, when visiting foreign military or civilian dignitaries, in such number and of such grades as the Secretary of the Department of National Defense (DND) may determine;
- The DND Secretary, in such number and of such grades as he may determine; and
- Other government officials as may be determined and approved by the DND Secretary (Section 2(a)).
- Military Assistant entitlements include:
- The President, in such number and of such grades as he may determine;
- The Vice President, Senate President, Speaker of the House of Representatives, Executive Secretary, Chairperson of the Senate Committee on National Defense and Security, Chairperson of the House Committee on National Defense and Security, National Security Adviser, and Director General of the National Intelligence Coordinating Agency, in such number and of such grades as may be determined and approved by the DND Secretary; and
- Other government officials as may be determined and approved by the DND Secretary (Section 2(b)).
- Military Administrative Assistant entitlements include:
- The President of the Philippines, with such Military Administrative Assistants as he may determine; and
- The government officials listed under Section 2(a)(ii), 2(a)(iii), 2(a)(iv), 2(b)(ii), and 2(b)(iii) may be entitled to Military Administrative Assistants as determined and approved by the DND Secretary (Section 2(c)).
Restrictions and protective security framework
- Section 3 prohibits detailing military personnel to other government officials except those enumerated in Section 2.
- Section 3 prohibits detailing or assigning military personnel to a private individual unless the detail or assignment is approved by the President, upon recommendation of the DND Secretary.
- Section 4 requires the PNP to provide Protective Security detail to government officials and persons entitled thereto in accordance with existing issuances, guidelines, and procedures for availment of Protective Security.
- Section 4 allows the PNP to amend or supplement Protective Security rules and procedures from time to time, but subject to approval of the DILG.
- Section 5 sets entitlement limits for former Presidents:
- Former Presidents are entitled to Military Assistants, Military Administrative Assistants, and/or Protective Security, in such combination as he may determine, but not exceeding twelve (12) personnel.
- The spouse or widow of former Presidents (or their identified next of kin) is entitled to Military Administrative Assistants and/or Protective Security, in such combination as the entitled individual may determine, but not exceeding six (6) personnel.
Approval authority and detail duration
- Under Section 6, initial detail of military personnel to civilian offices and/or officials (except for detail to the President), extensions of the period, and termination of detail require evaluation and recommendation of the Chief of Staff of the AFP, and approval of the DND Secretary.
- Under Section 6, all detail of PNP personnel as Protective Security is approved by the Director General of the PNP.
- Under Section 7, the initial detail of military personnel is for one (1) year, unless earlier terminated.
- Section 7 allows extension of military detail for exceptional and highly justifiable reasons, up to a maximum of three (3) years.
- Section 7 provides that separation from office of the entitled government official automatically terminates the detail of the concerned military personnel.
- Section 7 governs the duration of PNP Protective Security by the Protective Security rules and regulations issued by the PNP and approved by the DILG.
Exclusions, implementation rules, and quotas
- Section 8 excludes from the coverage of Executive Order No. 98:
- Detail of military personnel to Philippine diplomatic missions abroad; and
- Those under the Presidential Security Group.
- Section 9 requires the DND and PNP-DILG to issue separate implementing rules and regulations, including quotas or deployment limits, within thirty (30) days from the Order’s effectivity.
- Section 9 directs that implementing rules and regulations must ensure rational, judicious, and optimum utilization of AFP and PNP personnel.
Transitory rule, repeal, and separability
- Section 12 states that existing or ongoing tours of duty of detailed personnel are not affected by Executive Order No. 98.
- Section 12 provides that requests for extension of existing detail of personnel are governed by Executive Order No. 98 and the implementing rules to be issued by the DND and PNP-DILG.
- Section 10 repeals Executive Order Nos. 41 (s. 1966) and 207 (s. 2016).
- Section 10 repeals or modifies all other inconsistent orders or issuances or parts thereof.
- Section 11 provides separability: if any provision is declared invalid or unconstitutional, the remaining provisions remain valid and subsisting.