The Armed Forces of the Philippines (AFP) on Thursday, May 18, welcomed the approval of Republic Act No. 11939 which provided amendments to the law setting a fixed term of duty to military personnel.

(Courtesy of AFP)

RA No. 11939 was signed by President Ferdinand Marcos Jr. on Wednesday, May 17, "to further strengthen the professionalism and promote the continuity of policies and modernization initiatives in the AFP."

“We believe that the changes will further strengthen professionalism in the military and ensure the continuity of programs while maintaining the AFP's dynamic and progressive promotion system,” said Col. Medel Aguilar, AFP spokesperson.

RA No. 11939 amended RA 11709 which was signed by former president Rodrigo Duterte in April 2022. 

The older version of the law sought to prescribe a fixed term of duty to key officers of the AFP, thus, increasing their mandatory retirement age and providing an effective attrition system in the military.

However, the implementation of the law resulted to “rumblings” in the military due to the unintended consequences of the controversial legislation, including a delay in the career promotion of junior officers.

Senior Undersecretary Carlito Galvez Jr., officer in charge of the Department of National Defense (DND-OIC), had warned that such delays could lead to the stagnation in the promotion system of officers and demoralization of troops.

Fixed term

Under the amended law, the AFP Chief of Staff shall now have a maximum tour of duty of three consecutive years which will start on the date that the appointment paper is signed, “unless sooner terminated by the President.”

Meanwhile, the Commanding Generals of the Philippine Army (PA) and Philippine Air Force (PAF), Flag Officer in Command of the Philippine Navy (PN), and Superintendent of the Philippine Military Academy (PMA) will have a maximum tour of duty of two consecutive years. They shall not be eligible for any position in the AFP “unless promoted to the position of Chief of Staff.”

The previous version of the law allowed the said senior officers to have a fixed tour of duty of three years, and four years for the Superintendent of the PMA.

The new law also eliminated the AFP Vice Chief of Staff, Deputy Chief of Staff, commanders of unified commands, and the Inspector General from having a fixed tour of duty of three years which was included in the previous version of the law. 

Retirement

Further, the new law also states that officers who have the ranks of Second Lieutenant / Ensign (O-1) to Lieutenant General / Vice Admiral (O-9) are compulsorily retired at the age of 57 or upon accumulation of 30 years of satisfactory active duty, whichever comes later. Previously, military personnel are mandatorily retired at the age of 56.

The new law states that the AFP Chief of Staff, the chiefs of the Army, Navy, and Air Force, as well as the PMA Superintendent will be retired upon completion of their tour of duty or upon relief by the President.

Meanwhile, those commissioned under Presidential Decree No. 1908 and those appointed in the Corps of Professors shall be retired upon reaching the age of 60 or upon completion of 20 years of satisfactory active duty, whichever comes later.

Enlisted personnel shall also be retired upon accumulating at least 30 years of satisfactory active duty or upon reaching the age of 57 in the amended law, instead of 56 years old in the previous law.

Maximum tenure 

The new law also sets the maximum tenure of officers in the grades of General/Flag to the following:

- General/Admiral (O-10): Three years
- Lieutenant General/Vice Admiral (O-9): Three years
- Major General/Rear Admiral (O-8): Three years
- Brigadier General/Commodore (O-7): Five years

For those in the grades of Colonel, Lieutenant Colonel, Major, and Captain, or their equivalent in the other services in the AFP, the maximum tenure are:

- Colonel/Captain (PN) (O-6): 10 years
- Lieutenant Colonel/Commander (PN) (O-5): Seven years
- Major/Lieutenant Commander (PN) (O-4): Six years
- Captain/Lieutenant (PN) (O-3): Six years

The previous version of the law set the maximum tenure of officers with ranks Colonel/Captain and Lieutenant Colonel/Commander to only eight and seven years, respectively.

“[T]he 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 promotional cycles when necessary to maintain the desirable officer rank structure and uphold the progressive professional development of the officer corps,” the law read.