Title
Supreme Court
AFP Professionalism and Policy Continuity Act
Law
Republic Act No. 11939
Decision Date
May 17, 2023
The Philippine Jurisprudence case involves the amendment of Republic Act No. 11709 to strengthen professionalism and promote continuity in the Armed Forces of the Philippines, including the establishment of maximum tour of duty and compulsory retirement provisions for key officers.

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.

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