Title
Rules on Military Detail to Civilian Offices
Law
Executive Order No. 41
Decision Date
Sep 2, 1966
Ferdinand E. Marcos establishes regulations for the assignment of military personnel to civilian offices, emphasizing qualifications over names, limiting assignments to a maximum of six months, and ensuring that military officers do not receive pay from the Armed Forces while detailed to civilian roles.

Purpose: regulating military details

  • This Order governs how military personnel are detailed or assigned to civilian offices and officials.
  • The qualification-based request requirement is imposed to avoid disturbing the professional growth of AFP officers under their prescribed military career management pattern.
  • The Order allows named requests only under a stricter condition through submission to the approving authority.
  • The Order establishes limits and duration controls for military personnel serving in civilian offices and entities.

Key definitions and entitled positions

  • An Aide-de-Camp is a commissioned officer of the Armed Forces of the Philippines in active service personally selected by a general or flag officer or by a civilian official entitled to an aide-de-camp, and attached to that civilian’s office to provide general assistance in duties.
  • A Military Assistant is a commissioned officer of the AFP in active service detailed and attached to a civilian government office to render professional aide and/or assistance regarding military matters.
  • Aides-de-Camp are entitled to the President of the Philippines (in number and grades the President determines).
  • Aides-de-Camp are entitled to the Secretary of National Defense and the Undersecretaries (in number and grades the Secretary determines).
  • Aides-de-Camp are entitled to visiting foreign military and civilian dignitaries as warranted by protocol during their visit in the Philippines.
  • Military Assistants and enlisted aides may be assigned to the Office of the President (in number and grades the President determines).
  • Military Assistants and enlisted aides may be assigned to the Office of the Secretary of National Defense and his Undersecretaries (in number and grades the Secretary of National Defense determines).
  • Military Assistants and enlisted aides may be assigned to the National Security Council and the National Intelligence Coordinating Agency (in number and grades the President determines) until civil officials thereat have developed the desired degree of professionalism, unless otherwise prescribed by law.

How requests must be made

  • Requests for the detail of military personnel to civilian offices and officials must be made by qualifications, not by name, except for the assignment of Aides-de-Camp and Military Assistants.
  • The qualification-based method is required so that AFP officers’ professional growth is not disturbed.
  • If it is imperative to request military personnel by name, the requesting agency or official must submit to the approving authority the names of at least three (3) military personnel for each detail or position to be filled.

Who may receive military details

  • The Order provides that the Chief of Staff, Armed Forces of the Philippines, subject to confirmation of the Secretary of National Defense, may authorize an Armed Forces security detail to any civilian office, official, or any private entity or person upon request when it would be in the public interest.
  • Armed Forces security detail authorizations under this Order are limited to one mission and not more than thirty (30) days, with orders issued therefor.
  • In addition to the enumerated assignments, the President may assign or detail from the AFP commissioned and enlisted personnel to any civilian government office or entity.
  • The President may also place on duty with any civilian government office or entity military personnel on detached service with the Office of the President.
  • Military assignments and details under the President’s additional authority must not exceed 0.5% of the officer and 0.2% of the enlisted strength of the AFP, respectively.

Limits on duration and pay/allowances

  • Except for the security-detail authority and the enumerated cases for Aides-de-Camp and Military Assistants covered by paragraphs 4a and 4b, military personnel assignments or details to civilian government offices or officials are limited to a maximum period of six (6) months’ duration only.
  • For reserve officers called to active duty under Republic Act No. 2234, the detail or assignment to any civilian office must not exceed the terminal date of their tour of active duty.
  • While detailed in a civilian government office or entity under the President’s additional authority, a detailed AFP officer or enlisted personnel must not receive pay and allowances from the appropriation of the Armed Forces of the Philippines.
  • Detailed personnel are required to be paid from the appropriation of the civilian office or entity to which they are detailed.
  • The pay rule is subject to an exception: personnel assigned in the Department of National Defense, National Security Council, National Intelligence Coordinating Agency, and other offices involved in national security as determined by the Secretary of National Defense.
  • While so detailed, the personnel must not occupy any plantilla position.

Special assignments with Presidential approval

  • Subject to approval of the President, one Military Assistant of field grade and one enlisted aide may be assigned each to:
    • the Vice-President of the Philippines;
    • the President of the Senate;
    • the Speaker of the House of Representatives;
    • the Chairman of the Senate Committee on National Defense and Security;
    • and the Chairman of the House Committee on National Defense and Security.
  • These special assignments are governed by the condition unless otherwise prescribed by law.
  • Military Assistants and enlisted aides are permitted in additional civilian offices under the numerical and grade determinations of the President or Secretary of National Defense, as applicable, and subject to the professionalism condition for the National Security Council and National Intelligence Coordinating Agency, unless otherwise prescribed by law.

Coverage exclusions and scope boundaries

  • This Order does not regulate nor apply to the assignment or detail of Army, Air Force, or Naval Attaches to Philippine diplomatic missions abroad.

Effect of revocation and duration framing

  • Executive Order No. 67 dated September 23, 1954 is revoked.
  • The general detail limitation is six (6) months for assignments covered by the Order, with special duration rules for reserve officers called to active duty under Republic Act No. 2234.
  • The Order’s security-detail authority is restricted to one mission and not more than thirty (30) days.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.