AN ACT STRENGTHENING PROFESSIONALISM AND PROMOTING THE CONTINUITY OF POLICIES AND MODERNIZATION INITIATIVES IN THE ARMED FORCES OF THE PHILIPPINES, BY PRESCRIBING FIXED TERMS FOR KEY OFFICERS THEREOF, INCREASING THE MANDATORY RETIREMENT AGE OF GENERALS/FLAG OFFICERS, PROVIDING FOR A MORE EFFECTIVE ATTRITION SYSTEM, AND PROVIDING FUNDS THEREFOR

Eighteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty one.

[ REPUBLIC ACT NO. 11709, April 13, 2022 ]

AN ACT STRENGTHENING PROFESSIONALISM AND PROMOTING THE CONTINUITY OF POLICIES AND MODERNIZATION INITIATIVES IN THE ARMED FORCES OF THE PHILIPPINES, BY PRESCRIBING FIXED TERMS FOR KEY OFFICERS THEREOF, INCREASING THE MANDATORY RETIREMENT AGE OF GENERALS/FLAG OFFICERS, PROVIDING FOR A MORE EFFECTIVE ATTRITION SYSTEM, AND PROVIDING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

TITLE I
DECLARATION OF POLICY

Section 1. Declaration of Policy. - In pursuit of modernization of the Armed Forces of the Philippines (AFP), it is hereby declared the policy of the State to:

TITLE II
TOUR OF DUTY

Section 2. Tour of Duty of Key Officers. - The following officers holding key positions in the AFP, upon appointment, shall have a fixed tour of duty of three (3) years:

The tour of duty of the aforementioned officers shall commence on the date the appointment is signed and shall be for three (3) consecutive years unless sooner terminated by the President: Provided, That those mentioned in Section 2(b) to 2(h) shall not be eligible for any position in the AFP unless promoted to the position of Chief of Staff.

Section 3. Tour of Duty of the Superintendent of the Philippine Military Academy (PMA). - A general/Flag Officer of proven competence and academic excellence shall be appointed as Superintendent, Philippine Military Academy (PMA) and shall be exempt from the application of the maximum tenure-in-grade defined under this Act. The PMA Superintendent shall have the rank of Lieutenant General/Vice Admiral and be given a tour of duty of four (4) years unless sooner terminated by higher authority: Provided, That except for the position of Chief of Staff, the PMA Superintendent shall not be eligible for any other position in the AFP and shall be compulsorily retired after completion of the fixed tour of duty or upon relief from office: Provided, further, That no General/Flag Officer who is more than fifty-eight (58) years of age shall be appointed as PMA Superintendent.

Section 4. Prohibition on the Extension of Tour of Duty. - Except as provided for under Section 5 of this Act, no extension of tour of duty of the Key Officers mentioned in Section 2 and 3 shall be allowed.

Section 5. Tour of Duty of the Chief of Staff. - The tour of duty of the Chief of Staff shall not exceed three (3) years. However, in times of war or other national emergency declared by Congress, the President may extend such tour of duty.

TITLE III
RETIREMENT

Section 6. Compulsory Retirement for Military Personnel. -

Section 7. Optional Retirement. - Upon accumulation of at least twenty (20) years of satisfactory active duty, an officer or enlisted personnel may request to be retired from military service, subject to the approval of either the President, the Secretary of National Defense, or the AFP Chief of Staff, or Major Service Commander as appropriate, as provided for in the rules and regulations to be issued to implement this Act.

Section 8. Retirement Grade. - Officers and enlisted personnel shall be retired one rank higher from the last rank held: Provided, That retirement benefits shall be based in the permanent grade last held: Provided, however, That this section shall not apply to those who are in active duty prior to the effectivity of this Act: Provided, further, That said retirees shall form part of the Reserve Force.

TITLE IV
ATTRITION SYSTEM FOR THE PERSONNEL OF THE AFP

Section 9. Definition of Terms. - As used in this Act, the following terms shall mean:

Section 10. Forced Attrition of Officers. - Officers who are subjected to forced attrition as defined in Section 9(c) of this Act shall be subsequently separated or retired from military service. In addition, officers with contractual service obligations who are recommended for separation on account of their own fault,failure or negligence, shall be required to refund the govenrment the amount equivalent to the cost of training proportionate to the remaining period to be served as stipulated in the training contract.

The following are the instances of forced attrition of officers:

Section 11. Forced Attrition of Enlisted Personnel. -

Section 12. Separation or Retirement from the AFP. - Any officer or enlisted personnel who is removed from the AFP pursuant to this Title shall be:

TITLE V
PROCUREMENT OF OFFICERS/ENLISTED PERSONNEL
AND GRADE DISTRIBUTION

Section 13. Age Requirement for Commissionship. - Unless otherwise provided herein, all officers appointed to the Regular Force shall have an initial appointment in the grade of Second Lieutenant (O-1) and shall not be less than twenty-one (21) but not more than twenty-eight (28) years old.: Provided, That the original appointment in the Nurse Corps and Medical Administrative Corps, and in the Dental Service and Veterinary Corps shall be in the grade of Second Lieutenant (O-1) and First Lieutenant (O-2), respectively, from among applications who at the time of appointment shall be at least twenty-one (21) but not more than thirty (30) years old: Provided, further, That those commissioned under Presidential Decree No. 1908, namely, the original appointment in the Judge Advocate General's Service, Medical Corps, and the Chaplain Service, and those appointed in the Corps of Professors shall be not less than twenty-five (25) but not more than forty (40) years old at the time of appointment and shall be in the grade of Captain (O-3).

In accordance with this Act and other pertinent laws, rules and regulations, noncommissioned officers of the Regular Force of the AFP, who have shown outstanding ability and have rendered exceptional service may be appointed in the grade of Second Lieutenant (O-1) in the Regular Force by the President upon recommendation of the Secretary of National Defense.

Section 14. Age Requirement for Enlistment. - Enlisted personnel shall not be less than eighteen (18) nor more than twenty-six (26) years old at the time of enlistment: Provided, That the AFP may offer special enlistment to an individual whose technical or skills qualifications, including excellence in athletics, are highly desirable to the organization and who at the time of enlistment is not less than eighteen (18) nor more than thirty-five (35) years old.

Section 15. Officer Grade Distribution. - The Secretary of National Defense shall prescribe the authorized number of officers in the active force in each grade and in each major, technical or administrative service and shall implement the gradual decrease in the number of officers in each officer ranks as part of, and in line with, the Modernization Program of the AFP: Provided, That one (1) year after the approval of this Act, such number shall not exceed the number in each grade authorized in the Table of Organization of units of the active force distributed as follows:

Provided, further, That the Table of Organization of units of the active force shall be adjusted in accordance with their respective missions and officer requirements, and shall be gradually decreased pursuant to this section and such rules and regulations as the Secretary of National Defense shall prescribe, subject to the condition that the schedule of percentage for each grade as herein prescribed shall not be exceeded: Provided, furthermore, That in the determination of the officer to enlisted personnel ratio, the mission requirement, capabilities, scope of responsibility, technical nature of the position and task, and equipment inventory of units shall be taken into consideration: Provided, furthermore, That considering the highly technical nature of the Air Force and the Navy, they shall be allocated a higher officer to enlisted personnel ratio which shall not exceed fifteen percent (15%) of the officer to enlisted personnel ratio allocated in the Philippine Army: Provided, furthermore, That as far as practicable, officers in the technical or administrative services such as surgeon general, chief dental service and chief nurse may be eligible for promotion to General/Flag Officer grade: Provided, furthermore, That the quota limitation provided herein shall not apply in the promotion to the rank of General/Flag Officer of reserve officers in the inactive service: Provided, finally, That 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.

TITLE VI
GENERAL PROVISIONS

Section 16. Competitive Categories for Promotion. - Under regulations prescribed by the Secretary of National Defense, the AFP shall establish competitive categories for promotion. Each officer whose name appears on an active duty list shall be carried in a competitive category of officers. Officers in the same competitive category shall compete among themselves for promotion.

Section 17. Officer Lineal List. - There shall be only one seniority lineal list for the officers of the Major Services and each of the Technical Services.

Section 18. Prohibited Appointment. - No retired or resigned military officer may be appointed as Secretary of national Defense within one (1) year from the date of the officer's retirement or resignation.

Section 19. Annual Personnel Management Report. - The AFP Chief of Staff shall submit to the Department of National Defense an accurate, comprehensive, and up-to-date Personnel Management Report, which shall include information on the number of military personnel, rank, place of designation, and list of attrited personnel, on an annual basis on or before the end of April every year: Provided, That the Secretary of National Defense shall furnish a copy of the report to the Committee on National Defense and Security, Peace, Unification, and Reconciliation of the Senate of the Philippines and the Committee on National  Defense and Security of the House of Representatives. The Personnel Management Report and any information contained therein shall be confidential in nature.

TITLE VII
MISCELLANEOUS PROVISIONS

Section 20. Appropriations. - The amount necessary for the effective implementation of this Act shall be charged to the appropriations of the Department of National Defense under the current General Appropriations Act. Thereafter, such sum as may be necessary for its continued implementation shall be included in the annual General Appropriations Act.

Section 21. Construction and Interpretation. - To protect the State policy and public interest as stated in Section 1 of this Act, this Act shall be given a liberal construction in favor of its provisions so as to further the accomplishment of its declared policies.

Section 22. Implementing Rules and Regulations. - The Department of National Defense shall formulate the rules and regulations necessary to implement the provisions of this Act within ninety (90) days from its effectivity: Provided, That such rules and regulations shall provide for a systematic, methodical, and efficient transition to the new retirement and separation system provided for under this Act based on the following principles:

Section 23. Review and Assessment. - The Department of National Defense shall conduct a systematic review, evaluation and impact assessment of this Act within five (5) years of its effectivity. A report shall be submitted to the Committee in National Defense and Security, Peace, Unification and Reconciliation of the Senate of the Philippines and the Committee on National Defense and Security of the House of Representatives within thirty (30) days after its review and assessment.

Section 24. Separability Clause. - If any provision of this Act is declared unconstitutional, the same shall not affect the validity and effectivity of the other provisions thereof.

Section 25. Repealing Clause. - Subject to the provisions of Section 22 of this Act, the following laws or provisions of laws are hereby repealed or amended:

(j) All laws, executive orders, or issuances, or any part thereof, which are inconsistent herewith, are hereby repealed, amended or modified accordingly.

SEC. 26. Effectivity. - This Act shall take effect on July 1, 2022 and after its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

This Act was passed by the House of Representatives as House Bill No. 10521 on December 6, 2021 and adopted by the Senate of the Philippines as an amendment to Senate Bill No. 2376 on January 17, 2022.

Approved: APR 13 2022

(SGD.) RODRIGO ROA DUTERTE
President of the Philippines