An Act to Provide for the Procurement, Promotion and Elimination of Regular Officers of the Armed Forces of the Philippines, and for Other Purposes

REPUBLIC ACT No. 291

An Act to Provide for the Procurement, Promotion and Elimination of Regular Officers of the Armed Forces of the Philippines, and for Other Purposes

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Armed Forces Officer Personnel Act of 1948

Short Title

This Act may be cited as the "Armed Forces Officer Personnel Act of 1948."

Section 1. Appointment and assignment in branch—Authorized strength of branches.—

Section 2. General officers of the Regular Force.—

Section 3. Authorized numbers in grades below brigadier general—Promotion list—Seniority—Date of rank.—

Section 4. Procurement of additional officers.—

Section 5. Selection boards—Promotions general.—

Section 6. Promotion to grades of first-lieutenant and captain.—

Section 7. Promotion to grades of major and lieutenant-colonel—Elimination of those promoted.—

Section 8. Promotion to grades of colonel and brigadier-general. -(a) Based upon the number of vacancies existing and anticipated in the grade of colonel and brigadier-general, the Secretary of National Defense shall select from among officers in the permanent grade of lieutenant-colonel and colonel those who, in his opinion, have demonstrated by actual duty and experience their capability for holding the next higher grade, and are best qualified to hold the grade of colonel and brigadier-general, respectively: Provided, That an officer must have completed at least one year’s service in the permanent grade of lieutenant-colonel or colonel before being eligible for selection for promotion to colonel or brigadier-general, respectively, with the consent of the Commission on Appointments of the Congress.

Section 9. Promotion to grade of major-general or higher grade.—

Section 10. Elimination from active list.—

Section 11. Temporary promotion. -Any commissioned officer of the Regular Force may be appointed in and promoted to a temporary grade, except first-lieutenant and brigadier-general, not higher than one grade above his permanent grade, without vacating his permanent appointment: Provided, That at no time shall the number of officers holding office under permanent or temporary appointment in any grade and in any promotion list exceed the number authorized for such grade and such promotion list by any provision of law. Promotion under this section shall be on a fair and equitable basis, selection being based upon outstanding ability and efficiency under regulations prescribed by the Secretary of National Defense.

Section 12. Appropriations. -Funds necessary for carrying into effect the provisions of this Act shall be included under "Purpose I—Personnel," in the annual appropriations for the Armed Forces of the Philippines.

Section 13. Saving clause. -Nothing in this Act shall operate to reduce the retired grade or retirement pay of an officer heretofore retired.

Section 14. Repeal of laws. -All laws and regulations, or provisions thereof, inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.

Section 15. Date of effectivity. -This Act shall take effect upon its approval.

Approved: June 16, 1948.