Law Summary

Introduction

Executive Order No. 389, issued by President Elpidio Quirino on December 23, 1950, reorganizes the Armed Forces of the Philippines (AFP) under the authority of Republic Act No. 422. The Order establishes a new command structure and delineates the roles and responsibilities of various military officers and units.

Chief of Staff

• Legal Principle: Establishes the position and powers of the Chief of Staff.
• Key Definitions:
  • Chief of Staff: The principal military adviser to the Secretary of National Defense with command over all AFP elements.
• Requirements/Procedures:
  • Responsible for military strategy, tactics, operations, and national defense program execution.
  • Authorized to issue directives concerning personnel and operations.
• Timeframes: No specific timeframes mentioned for the Chief of Staff's tenure.
• Consequences: Orders published in the Chief of Staff’s name are binding.

Vice Chief of Staff

• Legal Principle: Creation of the Vice Chief of Staff role.
• Key Definitions:
  • Vice Chief of Staff: Holds the rank of Brigadier General; assists the Chief of Staff.
• Requirements/Procedures:
  • Assumes the Chief of Staff's duties in their absence.

Deputy Chief of Staff

• Legal Principle: Establishes the Deputy Chief of Staff's role.
• Key Definitions:
  • Deputy Chief of Staff: Holds the rank of Colonel; supervises various staff functions.
• Requirements/Procedures:
  • Oversees General, Special, Administrative, and Technical Staffs.
  • Establishes the Office of the Secretary to the General Staff.

General Military Council

• Legal Principle: Formation of the General Military Council.
• Key Definitions:
  • General Military Council: Composed of key military leaders advising the Secretary of National Defense.
• Requirements/Procedures:
  • Includes Chiefs of Staff and Commanders of Major Services.

Armed Forces General Staff

• Legal Principle: Creation of an integrated Armed Forces General Staff.
• Key Definitions:
  • Armed Forces General Staff: A team of senior military officers responsible for broad military policy.
• Requirements/Procedures:
  • Organized into four divisions (G-1, G-2, G-3, G-4) focusing on personnel, intelligence, operations, and logistics.

Armed Forces Special, Administrative and Technical Staffs

• Legal Principle: Establishment of Administrative and Technical Staffs.
• Key Definitions:
  • Administrative Staff: Includes various services like Judge Advocate and Finance.
  • Technical Staff: Comprises services such as the Corps of Engineers.
• Requirements/Procedures:
  • Responsible for efficient execution of their specific branches.

Major Services and Area Commands

• Legal Principle: Defines the structure of the AFP.
• Key Definitions:
  • Major Services: Philippine Army, Constabulary, Air Force, and Navy.
  • Military Areas: Divided into four designated areas.
• Requirements/Procedures:
  • The President may abolish or create Military Areas as necessary.

Functions of Major Services

• Legal Principle: Outlines specific functions of each Major Service.
• Key Definitions:
  • Philippine Army: Focused on land combat operations.
  • Philippine Constabulary: Acts as a national police force.
  • Philippine Air Force: Responsible for air operations.
  • Philippine Navy: Operates naval forces and enforces maritime laws.
• Requirements/Procedures:
  • Each service is tasked with organizing, training, and equipping their respective forces.

Tenure of Office

• Legal Principle: Defines the tenure of Chief and Vice Chief of Staff.
• Requirements/Procedures:
  • Normal term is three years, subject to the President's discretion for extension.

Miscellaneous Provisions

• Legal Principle: Various administrative provisions.
• Key Definitions:
  • Secretary of National Defense: Given authority over changes in designations and procurement.
• Requirements/Procedures:
  • Direct purchases authorized without Procurement Office intervention.

Laws Repealed

• Legal Principle: Lists laws repealed by this Order.
• Important Details:
  • Repeals prior Executive Orders and sections of the Revised Administrative Code inconsistent with this Order.

Effective Date

• Legal Principle: The Order takes effect immediately upon issuance.
• Important Details:
  • Effective as of December 23, 1950.

Key Takeaways

• Executive Order No. 389 reorganizes the AFP, establishing a new command structure and specific roles for military leaders.
• It defines the responsibilities of the Chief of Staff, Vice Chief of Staff, and Deputy Chief of Staff, as well as the functions of major military services.
• The Order allows for administrative flexibility, including the ability to create or abolish military areas and services as deemed necessary by the President.
• It repeals earlier laws and regulations that conflict with the new organizational structure.