Amendments to Republic Act No. 11709
- Section 1 amends Section 2 of Republic Act No. 11709 on Tour of Duty and Appointment of Key Officers.
- Section 2 amends Section 6 of Republic Act No. 11709 on Compulsory Retirement for Military Personnel.
- Section 3 amends Section 9(a) of Republic Act No. 11709 by expanding the definition of Active Duty.
- Section 4 amends Section 10(b) of Republic Act No. 11709 on Forced Attrition of Officers by prescribing Maximum Tenure-In-Grade rules.
- Section 5 amends Section 15 of Republic Act No. 11709 on Officer Grade Distribution quotas and allocation rules.
- Sections 6 to 9 add application, implementation, separability, and repeal rules, and Section 9 specifically repeals parts of Republic Act No. 11709.
Tour of Duty and Key Officers
- The Chief of Staff of the Armed Forces of the Philippines has a maximum tour of duty of three (3) consecutive years, commencing on the date the appointment is signed, unless sooner terminated by the President (Section 1 amending Section 2(a) of Republic Act No. 11709).
- The following AFP officers holding key positions have a maximum tour of duty of two (2) consecutive years, commencing on the date the appointment is signed, unless sooner terminated by the President (Section 1 amending Section 2(b)):
- (1) Commanding General, Philippine Army;
- (2) Commanding General, Philippine Air Force;
- (3) Flag Officer In Command, Philippines Navy;
- (4) Superintendent of the Philippine Military Academy.
- Key officers under Section 2(b) are not eligible for any position in the AFP unless promoted to the position of Chief of Staff (Section 1 amending Section 2(b)).
- To be eligible for appointment or promotion to the grade of Brigadier General/Commodore (O-7) or higher, an officer must have at least one (1) year remaining of active service before compulsory retirement, except for a position under Section 2(a) and Section 2(b) (Section 1).
Compulsory Retirement Rules
- The Act requires compulsory retirement for the following AFP officers (Section 2 amending Section 6(a) of Republic Act No. 11709):
- (1) Officers in the grades of Second Lieutenant/Ensign (O-1) to Lieutenant General/Vice Admiral (O-9) are retired upon reaching age fifty-seven (57), or upon accumulation of thirty (30) years of satisfactory active duty, whichever comes later.
- (2) The Chief of Staff of the AFP is retired upon completion of the tour of duty or upon relief by the President.
- (3) Officers occupying a key position under Section 2(b) are retired upon completion of the tour of duty or upon relief by the President.
- (4) Those commissioned under Presidential Decree No. 1908 and those appointed in the Corps of Professors are retired upon reaching age sixty (60) or upon completion of twenty (20) years of satisfactory active duty, whichever comes later.
- Enlisted personnel are compulsorily retired upon accumulation of at least thirty (30) years of satisfactory active duty, or upon reaching age fifty-seven (57), whichever comes later (Section 2 amending Section 6(b)).
Definition of Active Duty
- “Active Duty” means service or duty as a commissioned officer, enlisted personnel, cadet, probationary officer, trainee or draftee in the regular force of the AFP (Section 3 amending Section 9(a) of Republic Act No. 11709).
- The period of cadetship is creditable service for foreign service academy/foreign military training institutions by including:
- the number of days/months/years of cadetship prior to entry to the academy/institutions; and
- the equivalent mandated period of the program instructions attended, including the required language course if applicable (Section 3).
Forced Attrition: Maximum Tenure-In-Grade
- The maximum tenure of officers in the grades of General/Flag Officer in the AFP is set as follows (Section 4 amending Section 10(b)(1) of Republic Act No. 11709):
- General/Admiral (O-10): Three (3) years
- Lieutenant General/Vice Admiral (O-9): Three (3) years
- Major General/Rear Admiral (O-8): Three (3) years
- Brigadier General/Commodore (O-7): Five (5) years
- The maximum tenure of officers in specified grades (Colonel and below for officers under Section 4(b)(2)) is set as follows (Section 4 amending Section 10(b)(2)):
- Colonel/Captain (PN) (O-6): Ten (10) 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
- The President may lengthen the tenure-in-grade of officers in the permanent grades of Captain, Major, and Lieutenant Colonel (or their equivalent) up to two (2) promotional cycles when necessary to maintain the desirable officer rank structure and uphold progressive professional development of the officer corps (Section 4 proviso).
Officer Grade Distribution and Quotas
- The Secretary of National Defense, in consultation with the AFP, must prescribe the authorized number of officers in the active force in each grade and in each major, technical or administrative service, and must implement the gradual increase or decrease of officers in each rank in line with the AFP Modernization Program (Section 5 amending Section 15 of Republic Act No. 11709).
- The number of officers in each grade must not exceed the quota limitations stated in Section 15 (Section 5 amending Section 15):
- One and twenty-five hundredths percent (1.25%) in the General/Flag Officer grade based on total officer strength under the AFP Table of Organization
- Six percent (6%) in the grade of Colonel/Captain (PN)
- Twelve percent (12%) in the grade of Lieutenant Colonel/Commander (PN)
- Eighteen percent (18%) in the grade of Major/Lieutenant Commander (PN)
- Twenty percent (20%) in the grade of Captain/Lieutenant (PN)
- Forty-two and seventy-five hundredths percent (42.75%) in the grade of First Lieutenant/Lieutenant Junior Grade (PN) and Second Lieutenant/Ensign (PN)
- The AFP Table of Organization of units of the active force must be adjusted according to their respective missions and officer requirements, and according to rules and regulations prescribed by the Secretary of National Defense (Section 5 proviso).
- In determining the officer-to-enlisted personnel ratio, the Secretary must take into consideration:
- missions requirement;
- capabilities;
- scope of responsibility;
- technical nature of the position and task; and
- equipment inventory of units (Section 5 proviso).
- Higher officer-to-enlisted personnel allocation applies to highly technical Air Force and Navy units (Section 5 proviso).
- The quota limitation does not apply in the promotion to the rank of General/Flag Officer of reserve officers in the inactive service (Section 5 proviso).
- 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 5 last proviso).
- The Secretary of National Defense must ensure service positions may be eligible for promotion to General/Flag Officer grade, including surgeon general, chief dental service, and chief nurse (Section 5 proviso).
Application, Implementation, and Continuing Rules
- The Act applies to officers and enlisted personnel appointed and/or promoted under Republic Act No. 11709 and other pertinent laws (Section 6).
- The Department of National Defense must formulate the rules and regulations necessary to implement the Act within thirty (30) days from effectivity (Section 7).
Separability and Repeal Effects
- If any provision or part of the Act is declared unconstitutional or invalid, the remaining parts or provisions not affected remain in full force and effect (Section 8).
- Section 3 and 11 of Republic Act No. 11709 are repealed.
- All laws, executive orders, rules and regulations, or parts thereof inconsistent with the Act are amended or repealed accordingly (Section 9).