Title
Guidelines on AFP and PNP Detail to Civilians
Law
Executive Order No. 98
Decision Date
Nov 29, 2019
Executive Order No. 98 provides guidelines on the detail of military and police personnel to civilian offices and officials, specifying entitlements, restrictions, and approving authority, with immediate effect upon publication.
A

Defined terms for detail roles

  • Aide-de-Camp means 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)).
  • Military Assistant means a commissioned AFP officer with a field grade rank in active service, or in the appropriate rank of AFP Technical Service, detailed to a civilian office and/or official to render professional/technical advice and assistance on military matters (Section 1(b)).
  • Military Administrative Assistant means an AFP non-commissioned officer with the rank of Staff Sergeant, Technical Sergeant and 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 means PNP personnel, primarily from the Police Security and Protection Group (PSPG), detailed to civilian government offices, officials, or individuals to provide security and ensure their safety (Section 1(d)).

Who is entitled to AFP detail

  • Section 2(a) entitles the following to an Aide-de-Camp detail:
    • The President, in such number and of such grades as he may determine.
    • The Vice President, for 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.
    • Other government officials as may be determined and approved by the DND Secretary.
  • Section 2(b) entitles the following to a Military Assistant detail:
    • 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 the 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.
    • Other government officials as may be determined and approved by the DND Secretary.
  • Section 2(c) entitles the following to a Military Administrative Assistant detail:
    • The President of the Philippines, with such Military Administrative Assistants as he may determine.
    • The government officials 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.

Restrictions on military detail assignments

  • Section 3 prohibits military personnel from being detailed to any other government officials other than those enumerated in Section 2.
  • Section 3 prohibits military personnel from being detailed or assigned to a private individual unless the detail or assignment is approved by the President, upon recommendation of the DND Secretary.

PNP protective security authority

  • Section 4 directs the PNP to provide security detail to government officials and persons entitled thereto in accordance with existing issuances, guidelines, and procedures governing the availment of Protective Security.
  • Section 4 allows the PNP to amend or supplement the Protective Security procedures from time to time, subject to approval by the Department of the Interior and Local Government (DILG).

Maximum entitlement for former Presidents

  • Section 5 grants former Presidents entitlement to a combination of Military Assistants, Military Administrative Assistants, and/or Protective Security, in such combination as the former President may determine, but not exceeding twelve (12) personnel.
  • Section 5 grants the spouse or widow (or the identified next of kin) of former Presidents entitlement to Military Administrative Assistants and/or Protective Security, in such combination as the entitled individual may determine, but not exceeding six (6) personnel.

Approval, duration, and termination rules

  • Section 6 provides that, except for detail of military personnel to the President, initial AFP detail, extensions, and termination are subject to:
    • Evaluation and recommendation by the Chief of Staff of the AFP, and
    • Approval by the DND Secretary.
  • Section 6 provides that detail of PNP personnel as Protective Security to government offices, officials, and private individuals authorized to be given protection is approved by the Director General of the PNP.
  • Section 7 sets the initial duration of military detail at one (1) year, unless earlier terminated.
  • Section 7 allows extension for exceptional and highly justifiable reasons up to a maximum of three (3) years.
  • Section 7 provides that the separation from office of the entitled government official automatically terminates the detail of the concerned military personnel.
  • Section 7 provides that the duration of PNP Protective Security is governed by the PNP rules and regulations for the availment of Protective Security, approved by the DILG.

Coverage exclusions and implementing rules

  • Section 8 excludes from the order the 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 rules and regulations for implementation, including quotas or deployment limits, within thirty (30) days from effectivity.
  • Section 9 mandates that the implementing rules ensure rational, judicious and optimum utilization of AFP and PNP personnel.

Repeal, separability, and transitory effect

  • Section 10 repeals EO Nos. 41 and 207 and repeals or modifies any other orders, issuances, or parts inconsistent with Executive Order No. 98.
  • Section 11 provides separability: if any provision is declared invalid or unconstitutional, the remaining provisions remain valid and subsisting.
  • Section 12 provides a transitory rule that the order does not affect existing or ongoing tours of duty of detailed personnel.
  • Section 12 provides that requests for extension of existing detail tours are governed by Executive Order No. 98 and the rules to be issued by the DND and the PNP-DILG.

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