Title
Rules on Military Personnel Assigned to Civilians
Law
Executive Order No. 41
Decision Date
Sep 2, 1966
Executive Order No. 41 establishes rules and regulations for the assignment of military personnel to civilian offices in the Philippines, including the qualifications for requests, entitlements of Aides-de-Camp, and the authority of the President to assign personnel.

Policy and governing principle

  • Requests for the detail of military personnel to civilian offices and officials must generally be made by qualifications rather than by name so as not to disturb professional growth under the AFP career management pattern.
  • The detailing/assignment system is structured to preserve AFP career management while still allowing civilian offices to receive military assistance when justified.
  • Certain exceptional circumstances allow naming individuals, but require multiple nominees for approval.
  • Details are allowed only within the defined personnel categories, entitled offices, duration limits, and strength ceilings set by the Order.

Key definitions: Aide-de-Camp and Military Assistant

  • “Aide-de-Camp” means a commissioned officer of the AFP in active service who is personally selected by a general or flag officer or by a civilian official entitled to an aide-de-camp, and attached to that official’s office personally to provide general assistance in duties.
  • “Military Assistant” means a commissioned officer of the AFP in active service detailed and attached to a civilian government office for professional aide and/or assistance regarding military matters.
  • Aides-de-camp and military assistants are treated as distinct categories with distinct entitlement rules and assignment limits in the Order.

Requests and naming of personnel

  • Except for aides-de-camp assignments, requests for the detail of military personnel to civilian offices and officials must specify the military personnel by qualifications and not by name.
  • Requests by qualifications are required to avoid disturbing the professional growth of AFP officers as programmed by their military career management pattern.
  • If it becomes imperative to request 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.
  • This naming-by-imperative rule applies in addition to the general requirement to avoid naming unless required.

Entitlement to aides-de-camp

  • The President of the Philippines is entitled to aides-de-camp in such number and grades as he may determine.
  • The Secretary of National Defense and the Undersecretaries are entitled to aides-de-camp in such number and grades as the Secretary may determine.
  • Visiting foreign military and civilian dignitaries are entitled to aides-de-camp as warranted by protocol during their period of visit in the Philippines.

Entitlement to military assistants and allied personnel

  • Military assistants and enlisted aides may be assigned to the Office of the President in such number and of such grades as the President may determine.
  • Military assistants and enlisted aides may be assigned to the Office of the Secretary of National Defense and his Undersecretaries in such number and of such grades as the Secretary may determine.
  • Military assistants and enlisted aides may be assigned to the National Security Council and the National Intelligence Coordinating Agency in such number and of such grades as the President may determine until civilian officials thereat have been developed with the desired degree of professionalism, unless otherwise prescribed by law.
  • Subject to the approval of the President, one (1) Military Assistant of field grade and one (1) 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,
      unless otherwise prescribed by law.

Security details and missions; limits and approvals

  • The Chief of Staff, Armed Forces of the Philippines, subject to confirmation of the Secretary of National Defense, may authorize an AFP security detail to any civilian office, official, or to any private entity or person upon request.
  • Authorization is allowed when, in the Chief of Staff’s opinion, the security detail would be in the public interest.
  • Such security detail authorization is limited to one mission of not more than thirty (30) days.
  • Orders must be issued for the security detail.

Additional assignments and strength ceilings

  • In addition to the assignments detailed in the earlier enumerated paragraphs, the President may assign or detail from the AFP to any civilian government office or entity commissioned and enlisted personnel of the Armed Forces.
  • 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.
  • Such Presidential assignments or details must not exceed 0.5% of the officer and 0.2% of the enlisted strength of the AFP, respectively.
  • Personnel detailed or assigned under this Presidential authority must be paid from the appropriation of the civilian office or entity to which they are detailed, except as otherwise provided in the Order.
  • Officers or enlisted personnel detailed under these Presidential assignments or details must not receive pay and allowances from the appropriation of the Armed Forces of the Philippines.
  • Exception from the civilian-appropriation payment rule applies to 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.
  • Detailed personnel must not occupy any plantilla position while in the civilian office or entity.

Duration limits for regular detail/assignment

  • Assignment or detail of military personnel to civilian government offices or officials—except those covered by the specific paragraph categories for aides-de-camp/military assistants—must be for a maximum period of six (6) months only.
  • For reserve officers called to active duty pursuant to Republic Act No. 2234, their detail or assignment in any civilian office must not exceed the terminal date of their tour of active duty.

Explicit exclusions from coverage

  • The Order does not regulate or apply to the assignment or detail of Army, Air Force, or Naval Attaches to Philippine diplomatic missions abroad.

Administrative consequences and penalties

  • The Order establishes authorization requirements and limits on duration, strength, naming, and pay/plantilla occupancy for compliance, but it does not provide specific penalties, fines, or sanctions for violations within its operative provisions.

Amending, revoking, and relationship to prior rules

  • Executive Order No. 67 (September 23, 1954) is revoked by Executive Order No. 41.
  • No further amending or implementing rules are set out within the operative provisions.

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