Law Summary
Compulsory Retirement for Military Personnel
- Officers from Second Lieutenant/Ensign (O-1) to Lieutenant General/Vice Admiral (O-9) must retire at age 57 or after 30 years of satisfactory active duty, whichever is later.
- The AFP Chief of Staff retires upon tour completion or presidential relief.
- Key position holders also retire upon tour completion or presidential relief.
- Officers commissioned under Presidential Decree No. 1908 and Corps of Professors retire at age 60 or after 20 years of active duty.
- Enlisted personnel retire after 30 years of active duty or upon reaching age 57, whichever is later.
Definition of Active Duty
- Active Duty includes service by commissioned officers, enlisted personnel, cadets, probationary officers, trainees, or draftees in the AFP regular force.
- Cadetship periods, including foreign military training, are creditable toward active service, encompassing the duration of academy programs and language courses if applicable.
Forced Attrition and Maximum Tenure-in-Grade for Officers
- Maximum tenure for Generals/Flag Officers: 3 years for General/Admiral (O-10), Lieutenant General/Vice Admiral (O-9), Major General/Rear Admiral (O-8); 5 years for Brigadier General/Commodore (O-7).
- Maximum tenure for field grade officers: 10 years for Colonel/Captain (PN) (O-6), 7 years for Lieutenant Colonel/Commander (PN) (O-5), and 6 years for Major/Lieutenant Commander (PN) (O-4) and Captain/Lieutenant (PN) (O-3).
- The President may extend tenure-in-grade for Captains, Majors, and Lieutenant Colonels by up to two promotional cycles to maintain officer rank structure and professional development.
Officer Grade Distribution
- The Secretary of National Defense prescribes authorized active officer numbers per grade and service in consultation with the AFP.
- Maximum percentages based on total AFP officer strength: 1.25% General/Flag Officer, 6% Colonel/Captain (PN), 12% Lieutenant Colonel/Commander (PN), 18% Major/Lieutenant Commander (PN), 20% Captain/Lieutenant (PN), and 42.75% First Lieutenant/Lieutenant Junior Grade and Second Lieutenant/Ensign (PN).
- Adjustments to the AFP Table of Organization shall align with unit missions, officer requirements, and rules set by the Secretary of National Defense.
- Officer-to-enlisted personnel ratios consider mission, responsibility, technical nature, and equipment inventory.
- Air Force and Navy units receive higher officer-to-enlisted ratios due to technical demands.
- Specific services such as Surgeon General, Dental Chief, and Chief Nurse may be promoted to General/Flag Officer.
- Quota limits do not apply to reserve officers in inactive service promoted to General/Flag Officer.
- If the actual number in a grade is below prescribed, the surplus may increase the number in lower grades.
Application, Implementation, and Legal Provisions
- This Act applies to officers and enlisted personnel under Republic Act No. 11709 and relevant laws.
- The Department of National Defense must formulate implementing rules within 30 days of effectivity.
- Provisions declared unconstitutional will not affect the rest of the Act.
- Certain sections of Republic Act No. 11709 are repealed, and inconsistent laws or orders are amended or repealed accordingly.
- The Act takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.