Law Summary
Limitations on Extended Active Duty Tours
- Reserve officers shall not serve extended active duty tours totaling more than two years within any five consecutive years, except during emergencies.
- Reserve officers already on active duty for over two years at the time of the Act's approval must be reverted to inactive status within three years, except those under special provisions.
- Future extended tours must be proportional to the demands of each major service within the reserve force build-up program.
- Selection priority within each service follows age groupings as defined by the amended National Defense Act.
Exceptions for Certain Reserve Officers
- Section 2 limitations do not apply to reserve officers under Republic Act No. 1382.
- Also exempt are officers with indispensable technical qualifications, skills, and competencies lacking satisfactory inactive replacements.
- A Board of Officers appointed by the Chief of Staff will determine the selection of these officers.
Gratuity Entitlement and Conditions on Reversion to Inactive Status
- Reserve officers reverted to inactive status after 5 to 20 years of active commissioned service are entitled to a gratuity.
- The gratuity equals one month's authorized base and longevity pay multiplied by the years of active service.
- Officers already entitled to retirement benefits under Republic Act No. 340, as amended, are excluded from gratuity.
- Exclusions from gratuity include reversion due to court martial, gross misconduct, substance abuse, or inefficiency.
- Reemployment in civilian government roles does not require reimbursement of gratuity.
- Officers reentering active service after receiving gratuity are ineligible for new gratuity until completing 5 years of subsequent service.
- Gratuities previously received are deducted from retirement benefits if the officer retires under Republic Act No. 340.
- Service periods of six months or more are counted as one full year for gratuity calculations.
Employment Priority for Reverted Reserve Officers
- Those reverted to inactive status on the Act’s approval receive priority for civilian employment in government or government-owned/controlled corporations.
- Employment conditions must consider educational background, training, and experience.
- Civil service regulations to the contrary are overridden by this provision.
Funding and Implementation
- The Secretary of National Defense may use AFP appropriations' savings during the first year of implementation.
- Subsequent funding must be incorporated into the AFP’s annual appropriations.
Effectivity
- The law takes effect immediately upon approval.