Title
Army Officers Promotion and Seniority Rules
Law
Executive Order No. 169
Decision Date
Oct 15, 1938
Manuel L. Quezon establishes regulations for seniority, promotion, and elimination of officers in the Regular Force of the Philippine Army, detailing the processes for maintaining a seniority list, criteria for promotions, and the role of Efficiency Boards in assessing officer qualifications.
A

Promotion Procedures and Criteria

  • The number of officers in grades above first lieutenant is legally regulated; promotions occur only when vacancies arise.
  • Officers retain their arm or service affiliation upon promotion.
  • Automatic promotions from third lieutenant to second lieutenant, and second lieutenant to first lieutenant occur after completing two and five years of commissioned service respectively.
  • Vacancies from captain to colonel are filled by promoting the senior eligible officer from the next lower grade.
  • Officers not on the promotion eligibility list at the time of promotion are passed over.
  • Passed-over officers subsequently added to the eligibility list will have their seniority adjusted to their promotion date.

Elimination of Officers Based on Performance

  • Officers passed over for promotion twice by Efficiency Boards are discharged.
  • The Chief of Staff may refer officers who fail to meet qualifications to the Efficiency Board for review.
  • Officers found unsatisfactory by the Board and the President may be discharged.
  • Officers separated without misconduct are entitled to gratuities and may transfer to the Reserve Force in their last grade.
  • Reserve officers remain eligible for promotion subject to prescribed examinations and conditions.

Composition and Function of Efficiency Boards

  • Efficiency Boards are appointed annually by the President, with a Chair designated from 3-5 officers of colonel rank or above.
  • Membership restrictions include no consecutive service beyond two Boards and exclusion of Chief or Deputy Chief of Staff.
  • Boards receive necessary documents and assistance from the Chief of Staff but exclude non-superior records.
  • The Board evaluates personal records, officers' efficiency, suitability for retention, and promotion eligibility between first lieutenant and lieutenant colonel.
  • Recommendations must specify reasons for separation, particularly misconduct.
  • Eligibility lists for promotion are double the expected vacancies in the next grade.
  • Omission of previously eligible officers requires submission of a special report with reasons to the President and notification to the concerned officer.
  • Officers may appeal passes over within 60 days through the Chief of Staff to the President; decisions are final.

Criteria and Confidentiality in Board Decisions

  • Boards assess professional efficiency, experience, accomplishments, attitude, ability, character, and government value.
  • Non-military factors such as political or social considerations are excluded.
  • Physical fitness questions are referred to a Medical Board via the Adjutant General.
  • Board proceedings and decisions are confidential and decided by majority vote.
  • Final reports are submitted to the President and form the promotion eligibility lists for the year.

Repeal Provisions

  • Executive Order Numbered Ten (January 11, 1936) is repealed by this Order.

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