Guidelines on Distribution of Vehicle Plates

State Policy and Objectives

The State policy is to enhance professionalization by strengthening the merit system, allowing new leadership a longer period to implement reforms, and institutionalizing sound AFP policies that improve the AFP (Section 1).
The State policy is to promote the most qualified officers to higher ranks (Section 1).
The State policy is to obviate revolving door accommodation promotions by creating a new culture of excellence in leadership and accountability in the AFP (Section 1).
The State policy is to refine and improve rules on retirement and commissionship (Section 1).
The State directs these actions:
- fix the tour of duty of the Chief of Staff and other key officers;
- adjust the mandatory retirement age of AFP officers;
- raise the age of commission;
- ensure a merit-based promotion and attrition system that maintains a continuous pool of qualified leaders; and
- modify the Grade Distribution of Officers (Section 1).

Fixed Tour of Duty Rules

Key officers appointed in key positions must serve a fixed tour of duty of three (3) years upon appointment (Section 2).
The three-year fixed tour applies to:
- Chief of Staff;
- Vice Chief of Staff;
- Deputy Chief of Staff;
- Commanding General, Philippine Army;
- Commanding General, Philippine Air Force;
- Flag Officer in Command, Philippine Navy;
- Unified Command Commanders; and
- Inspector General (Section 2).
The tour of duty for those officers commences on the date the appointment is signed and runs for three (3) consecutive years, unless sooner terminated by the President (Section 2).
Those enumerated in Section 2(b) to 2(h) are not eligible for any AFP position unless they are promoted to the position of Chief of Staff (Section 2).
The Chief of Staff’s tour of duty shall not exceed three (3) years, but the President may extend it in times of war or other national emergency declared by Congress (Section 5).

PMA Superintendent Tenure Exemptions

A general/Flag Officer of proven competence and academic excellence appointed as Superintendent, Philippine Military Academy (PMA) is exempt from the maximum tenure-in-grade defined under this Act (Section 3).
The PMA Superintendent must be of rank Lieutenant General/Vice Admiral and receives a tour of duty of four (4) years, unless sooner terminated by higher authority (Section 3).
Except for the position of Chief of Staff, the PMA Superintendent is not eligible for any other AFP position (Section 3).
The PMA Superintendent is compulsorily retired after completing the fixed tour of duty or upon relief from office (Section 3).
No General/Flag Officer more than fifty-eight (58) years of age may be appointed as PMA Superintendent (Section 3).

Limits on Extension and War-Time Exception

Extensions of tour of duty for the key officers in Section 2 and Section 3 are prohibited, except as provided in Section 5 (Section 4).
In war or other national emergency declared by Congress, the President may extend the tour of duty of the Chief of Staff beyond three (3) years but subject to the extension authority in Section 5 (Section 5).

Retirement, Optional Retirement, and Retirement Grade

Certain AFP officers are compulsorily retired under Section 6(a) upon reaching specified ages or tenure conditions:
- Grades Second Lieutenant/Ensign (O-1) to Colonel/Captain (O-6): retired upon reaching age fifty-six (56) or accumulation of thirty (30) years of satisfactory active duty, whichever is later (Section 6(a)(1)).
- Grades Brigadier General/Commodore (O-7) to Lieutenant General/Vice Admiral (O-9): retired upon reaching age fifty-nine (59) or the maximum tenure-in-grade as defined in this Act, whichever comes earlier (Section 6(a)(2)).
- Officers occupying a key position (as defined in Section 2) upon completion of the fixed tour of duty, regardless of age, unless promoted to Chief of Staff or relieved and not designated/occupying any position in the AFP Table of Organization (Section 6(a)(3)).
- Those commissioned under Presidential Decree No. 1908 and those appointed in the Corps of Professors: retired upon reaching age sixty (60) or completion of twenty (20) years of satisfactory active duty, whichever comes later (Section 6(a)(4)).
Enlisted personnel are compulsorily retired upon accumulation of at least thirty (30) years of satisfactory active duty or upon reaching age fifty-six (56), whichever is later (Section 6(b)).
Optional retirement: an officer or enlisted personnel may request retirement upon accumulation of at least twenty (20) years of satisfactory active duty, subject to approval by the President, the Secretary of National Defense, or the AFP Chief of Staff, or the Major Service Commander as appropriate, subject to implementing rules (Section 7).
Retirement grade rule: officers and enlisted personnel are retired one rank higher from the last rank held (Section 8).
Retirement benefits are based on the permanent grade last held (Section 8).
The retirement one-rank-higher rule does not apply to those on active duty prior to the effectivity of this Act (Section 8).
Those who are covered by the one-rank-higher retirement rule form part of the Reserve Force (Section 8).

Attrition System: Definitions and Forced Attrition

The Act defines Active Duty as AFP service or duty as a commissioned officer, enlisted personnel, cadet, probationary officer, trainee, or draftee in the regular force (Section 9(a)).
The Act defines Enlisted Personnel as AFP members from rank Private up to First Chief Master Sergeant (or their equivalent in other services) (Section 9(b)).
The Act defines Forced Attrition as separation or retirement of an officer or enlisted personnel who fails to qualify for promotion due to the individual’s own fault/failure/negligence/lack of individual merit, or who completes maximum tenure-in-grade without promotion (Section 9(c)).
The Act defines Tenure-in-Grade as the allowable or maximum years an officer/enlisted personnel may remain in a grade/rank (Section 9(h)).
The Act defines the military rank Grade and lists the commissioned officer and enlisted personnel grade sets (Section 9(d)).
The Act defines Officers as commissioned personnel in the regular force (Section 9(e)).
The Act defines Primary Zone as officers on promotable status in the uppermost portion of the promotion list equivalent to the number of declared vacancies (Section 9(f)).
The Act defines Procurement as the process of obtaining personnel through recruitment, selection, and appointment (Section 9(g)).
Forced attrition of officers results in subsequent separation or retirement from military service (Section 10).
Officers with contractual service obligations recommended for separation due to their own fault/failure/negligence must refund the government the amount equivalent to the cost of training proportionate to the remaining period to be served as stipulated in the training contract (Section 10).
Forced attrition of officers occurs through these instances:
- Attrition by Non-Promotion—Deferment of Promotion:
  - An officer in Second Lieutenant/Ensign (PN) whose promotion is deferred once is separated in the permanent grade held on the first day of the third month after the President approves the promotion of officers recommended by the Selection Board that recommended the deferment (Section 10(a)(1)).
- Attrition by Non-Promotion—Twice Deferment of Promotion:
  - An officer from First Lieutenant–Lieutenant Junior Grade (PN) to Lieutenant Colonel/Commander (PN) whose promotion is deferred twice is separated in the permanent grade held on the first day of the third month after the President approves the promotion of officers recommended by the Selection Board that recommended the second deferment (Section 10(a)(2)).
  - This applies only to officers in the Primary Zone whose consideration occurred by the Selection Board but who failed to qualify for promotion (Section 10(a)(2)).
- Maximum Tenure-in-Grade for Officers (Generals/Flag Officers): maximum tenure is three (3) years for grades General/Admiral (O-10), Lieutenant General/Vice Admiral (O-9), Major General/Rear Admiral (O-8), and Brigadier General/Commodore (O-7) (Section 10(b)(1)).
- Maximum Tenure-in-Grade for Officers (Other Officers):
  - Colonel/Captain (PN) (O-6): eight (8) years
  - Lieutenant Colonel/Commander (PN) (O-5): seven (7) years
  - Major/Lieutenant Commander (PN) (O-4): six (6) years
  - Captain/Lieutenant (PN) (O-3): six (6) years (Section 10(b)(2)).
- Low Potentiality: an officer found by the AFP Efficiency and Separation Board not fit for retention, lacking leadership skills, of doubtful integrity, or failing to demonstrate satisfactory performance may be separated subject to Presidential approval (Section 10(c)).

Forced Attrition: Enlisted Personnel and Review Boards

Enlisted personnel who fail promotion are referred to a Review and Evaluation Board after evaluation by the appropriate Enlisted Personnel Promotion Board for subsequent recommendation to the Major Service Commanders for attrition or retention (Section 11(a)).
The grounds for referral must be provided in implementing rules and regulations (Section 11(a)).
Maximum tenure-in-grade for enlisted personnel results in separation or retirement under existing laws for failure to be promoted after attending the maximum allowable tenure, except when occupying a position calling for a higher grade in the AFP Table of Organization (Section 11(b)).
The enlisted maximum tenure-in-grade is:
- First Chief Master Sergeant (E-10): three (3) years
- Chief Master Sergeant (E-9): three (3) years
- Senior Master Sergeant (E-8): three (3) years
- Master Sergeant (E-7): three (3) years
- Technical Sergeant (E-6): five (5) years
- Staff Sergeant (E-5): five (5) years
- Sergeant (E-4): four (4) years
- Corporal (E-3): four (4) years
- Private First Class (E-2): four (4) years
- Private (E-1): four (4) years (Section 11(b)).
Low potentiality for enlisted personnel occurs when an enlisted personnel is referred to and found by the Enlisted Personnel Reenlistment Board not fit for retention, complacent, lacking leadership skills, of doubtful integrity, or failing to demonstrate outstanding performance (Section 11(c)).
Removal under Title IV results in separation or retirement depending on years of satisfactory active duty:
- If the member rendered less than twenty (20) years of satisfactory active duty: the member is separated and receives separation benefits pursuant to law (Section 12(a)).
- If the member rendered at least twenty (20) years of satisfactory active duty: the member is retired and receives retirement benefits pursuant to law, unless disqualified by law to receive such benefits (Section 12(b)).

Commissioning/Enlistment Age; Grade Distribution

Unless otherwise provided, officers appointed to the Regular Force must have an initial appointment in the grade of Second Lieutenant (O-1) and must be not less than twenty-one (21) but not more than twenty-eight (28) years old at the time of appointment (Section 13).
Initial appointment exceptions:
- Original appointment in the Nurse Corps and Medical Administrative Corps is in the grade of Second Lieutenant (O-1); and original appointment in the Dental Service and Veterinary Corps is in the grade of First Lieutenant (O-2); applicants must be at least twenty-one (21) but not more than thirty (30) years old at the time of appointment (Section 13).
- Those commissioned under Presidential Decree No. 1908 (Judge Advocate General’s Service, Medical Corps, and Chaplain Service) and those appointed in the Corps of Professors must be not less than twenty-five (25) but not more than forty (40) years old at the time of appointment and must be in the grade of Captain (O-3) (Section 13).
Noncommissioned officers of the Regular Force may be appointed in the grade of Second Lieutenant (O-1) by the President upon recommendation of the Secretary of National Defense if they have shown outstanding ability and exceptional service (Section 13).
Enlisted personnel age requirement: enlisted personnel must be not less than eighteen (18) nor more than twenty-six (26) years old at enlistment (Section 14).
The AFP may offer special enlistment to an individual whose technical or skills qualifications (including excellence in athletics) are highly desirable to the organization, if the individual is at least eighteen (18) but not less than thirty-five (35) years old at the time of enlistment (Section 14).
The Secretary of National Defense prescribes the authorized number of officers in the active force in each grade and service and implements a gradual decrease in officer numbers aligned with AFP modernization (Section 15).
One (1) year after approval of the Act, the authorized number of officers in each grade must not exceed the following percentages based on the total officer strength authorized for the AFP or (as stated) total troop strength:
- 1% in General/Flag Officer grade based on total officer strength authorized for the AFP or 0.1% of total troop strength authorized for the AFP, whichever is lower (Section 15(1)).
- 6% in Colonel/Captain (PN) (Section 15(2)).
- 12% in Lieutenant Colonel/Commander (PN) (Section 15(3)).
- 18% in Major/Lieutenant Commander (PN) (Section 15(4)).
- 20% in Captain/Lieutenant (PN) (Section 15(5)).
- 43% in First Lieutenant/Lieutenant Junior Grade (PN) and Second Lieutenant/Ensign (PN (Section 15(6)).
The Table of Organization of units of the active force is adjusted to match missions and officer requirements while the percentage schedule is not exceeded (Section 15).
The Secretary of National Defense must consider mission requirements, capabilities, scope of responsibility, technical nature, task, and equipment inventory in determining officer-to-enlisted ratio (Section 15).
The Air Force and Navy must be allocated a higher officer-to-enlisted personnel ratio, but it must not exceed 15% of the officer-to-enlisted personnel ratio allocated in the Philippine Army (Section 15).
As far as practicable, officers in technical or administrative services such as surgeon general, chief dental service, and chief nurse may be eligible for promotion to General/Flag Officer grade (Section 15).
Quota limitation does not apply to promotion to the rank of General/Flag Officer of reserve officers in the inactive service (Section 15).
If the actual number in a grade is less than the number prescribed, the difference may be applied as an increase to the number prescribed in a lower grade (Section 15).

Promotion Mechanics and Personnel Reporting

The Secretary of National Defense must establish competitive categories for promotion, and the AFP must carry each officer listed on the active duty list in a competitive category so that officers in the same category compete among themselves for promotion (Section 16).
There shall be only one seniority lineal list for officers of the Major Services and for each of the Technical Services (Section 17).
A retired or resigned military officer may not be appointed as Secretary of National Defense within one (1) year from the date of retirement or resignation (Section 18).
The AFP Chief of Staff must submit an accurate, comprehensive, and up-to-date Personnel Management Report to the Department of National Defense annually on or before the end of April each year, including:
- number of military personnel;
- rank;
- place of designation; and
- list of attrited personnel (Section 19).
The Department of National Defense must furnish a copy of the report to the Senate Committee on National Defense and Security, Peace, Unification, and Reconciliation and the House Committee on National Defense and Security (Section 19).
The Personnel Management Report and any information contained therein are confidential in nature (Section 19).

Implementing Rules, Transition, Review, Repeals, and Funds

The Department of National Defense must formulate implementing rules within ninety (90) days from effectivity (Section 22).
Implementing rules must provide for a systematic transition to the new retirement and separation system guided by these principles (Section 22):
- The fixed tour of duty applies to General/Flag Officers appointed by the President after effectivity; incumbent officers occupying key positions must be compulsorily retired under Presidential Decree No. 1638, as amended, unless appointed to Chief of Staff (Section 22(a)).
- Maximum tenure-in-grade applies only to officers and enlisted personnel promoted after effectivity (Section 22(b)).
- Transition rules allow officers and enlisted personnel an opportunity to compete for promotions and/or complete requirements for retirement as necessary (Section 22(c)).
- The rules must respect services of officers and enlisted personnel and provide adequate separation and/or retirement benefits allowed by existing laws, rules, and regulations (Section 22(d)).
The Department of National Defense must conduct a systematic review, evaluation, and impact assessment within five (5) years from effectivity, and submit a report to the Senate and House committees within thirty (30) days after the review and assessment (Section 23).
Separability: if any provision is declared unconstitutional, the other provisions remain valid and effective (Section 24).
Repealing/amending provisions:
- Sections 3 and 4 of Republic Act No. 8186, as amended, on Maximum Tenure-in-Grade and Maximum Tenure in Position, are repealed (Section 25(a)).
- Section 4 of Presidential Decree No. 1638 on optional retirement is amended (Section 25(b)).
- Section 5(a0) of Presidential Decree No. 1638, as amended by Presidential Decree No. 1650, on compulsory retirement for military personnel is amended (Section 25(c)).
- Sections 10, 11, and 12 of Presidential Decree No. 1638 are repealed, but the last proviso of Section 10 remains in force to implement Section 8 of this Act (Section 25(d)).
- Section 9 of Presidential Decree No. 1638 on retirement in the next higher grade is amended (Section 25(e)).
- Section 17 of Presidential Decree No. 1638 on retirement benefits based on the next higher grade is amended (Section 25(f)).
- Section 1 of Republic Act No. 9188 on officer grade distribution is amended (Section 25(g)).
- Section 4(b) and (c) of Republic Act No. 291, as amended, on age of commissionship is amended (Section 25(h)).
- Section 27 of Commonwealth Act No. 1 on age of enlistment is amended (Section 25(i)).
- All inconsistent laws, executive orders, issuances, or parts are repealed, amended, or modified accordingly, subject to Section 22 (Section 25(j)).
Appropriations are charged to the Department of National Defense appropriations under the current General Appropriations Act, and thereafter the necessary sum is included in the annual General Appropriations Act (Section 20).
Construction: the Act must be given a liberal construction in favor of its provisions to protect State policy and public interest and to accomplish the declared policies (Section 21).