Law Summary
Grades and Allocation of Appointments
- Appointments are limited to the ranks of First Lieutenant, Captain, and Major, including equivalent Navy grades.
- The Chief of Staff, AFP, allocates the number of officers by grade and service branch.
- Total appointees must comply with the numerical limits set for each yearly period.
Eligibility Qualifications for Appointment
- Must be a Filipino citizen, of good moral character, and physically fit for general military service.
- Service requirements vary: at least two years for Medical, Dental, and Judge Advocate General's Service; at least four years for all other branches.
- Service must be active commissioned service in the AFP, recognized guerrilla units, or the US Armed Forces prior to July 4, 1946.
Credit for Service and Promotion List Insertion
- Service length on May 28, 1952, determines placement on the Regular Force promotion list, with certain adjustments.
- Credit for Air Force flying cadets: half the period served as a flying cadet (Dec 8, 1941 – July 4, 1946) counts as active commissioned service.
Detailed Promotion List Insertions Based on Service Length
- Placement rules vary by length of service, branch, and previous regulations (Republic Acts Nos. 207 and 573, Executive Order No. 242 series 1949).
- Specific categories dictate the relative seniority positions within the promotion lists for the Army, Air Force, Navy, Judge Advocate General's Service, Medical Corps, Dental Corps, Veterinary Corps, Chaplain Service, and Nurse Corps.
- Officers appointed in later periods (second or third) are ranked below those appointed in previous periods.
Rank Appointment Based on Seniority
- Officers appointed under this order are given the rank corresponding to the officer above whom they are placed on the promotion list, with a minimum rank of First Lieutenant if the senior officer is a Second Lieutenant.
Determination of Seniority
- Seniority generally determined by length of active commissioned service, then age.
- For Air Force officers, rated pilots have seniority over non-pilots.
- Further ties resolved by educational and military preparation or class standing in training schools.
- No reserve officer appointed under this order may be senior to officers already in the Regular Force with equal or longer active service.
Restrictions Regarding Military Academy Graduates
- Reserve officers who were cadets but did not graduate from the Philippine Military Academy or aviation schools shall not outrank their graduated classmates.
Probationary Period and Revocation of Appointments
- All appointments are probationary for one year.
- Officers found unfit may have their appointments revoked by the President upon recommendation of the Secretary of National Defense.
- Completion of the probationary period without revocation results in permanent appointment effective from the probationary appointment date.
- Probation for third-period appointees does not extend beyond July 1, 1955.
Prohibition on Reappointment After Resignation
- Reserve officers who resigned their commissions are generally barred from appointment unless resignation was for accepting a Regular Force appointment or was deemed justifiable by the Secretary of National Defense.
Regulations and Procedures for Appointment
- The Secretary of National Defense is tasked to prescribe detailed regulations and procedures for selection and appointment.
Effectivity and Duration
- The order took effect on July 1, 1952.
- It remains effective until the expiration of the three-year period prescribed by Republic Act No. 645.