The Department of National Defense welcomed Friday, May 19, the enactment of Republic Act (RA) No. 11939 which amended the law setting a fixed term of duty to military personnel.

(File photo)

DND Spokesperson Arsenio Andolong said the signing of RA 11939 will further strengthen the professionalism in the Armed Forces of the Philippines (AFP) as it reflects their efforts to ensure continuity in their policies and programs while strengthening meritocracy in the military.

The law amended certain provisions of RA 11709 which prescribes a fixed term of duty to key officers of the AFP, increases their mandatory retirement age, and provides an effective attrition system in the military.

“The Department is grateful for the support and consideration of the Commander-in-Chief, President Ferdinand R. Marcos, Jr., for the welfare and betterment of the AFP. As the AFP is a very dynamic organization, RA 11939 aims to prevent stagnation in the promotion cycle and address the attendant reported demoralization among our military officers stemming from the previous law,” Andolong said.

Andolong also extended the DND’s gratitude to House Speaker Ferdinand Martin G. Romualdez, Senate President Juan Miguel F. Zubiri, House Committee on National Defense Chairperson Rep. Raul C. Tupas, and Senate Committee on National Defense and Security, Peace, Unification and Reconciliation Chairperson Jinggoy Estrada “for their support in our pursuit of an AFP that is more effective and responsive to the needs of the nation.”

He said a technical working group has been convened to develop the Implementing Rules and Regulations (IRR) of RA 11939, with the draft expected to be finalized by the DND as required by the law.

Marcos signed the new law last May 17.

The new law amends the tour of duty for key military officials, with only the AFP Chief of Staff having a maximum tour of duty for three years unless sooner terminated by the President.

Meanwhile, the Commanding Generals of the Philippine Army and Philippine Air Force, the Flag Officer in Command of the Philippine Navy (PN), and the Superintendent of the Philippine Military Academy will have a maximum tour of duty of two years, unless sooner terminated, with no one-year prohibition for promotion. These officials will not be eligible for any position in the AFP unless promoted as Chief of Staff. 

The maximum tenure-in-grade for officers also increased under the new law. 

Officers with the rank of Brigadier General/Commodore may hold their positions for five years instead of three years, and 10 years for Colonel/Captain instead of eight years. RA 11939 puts in place a one-year prohibition for promotion to the rank of Brigadier General or higher, except for the said key positions. 

Meanwhile, RA 11939 also stipulates that the number of generals in the AFP will be 1.25 percent of the total officer strength under the AFP Table of Organization. 

The new law also increases the compulsory retirement age for officers from 56 years old to 57, or upon accumulation of 30 years of satisfactory active duty, whichever comes later. 

Compulsory retirement for those commissioned under Presidential Decree No. 1908, and those appointed in the Corps of Professors will be upon reaching 60 years old or completion of 20 years of satisfactory active duty, whichever comes later. 

The law repeals the provision in RA 11709 for forced attrition of enlisted personnel, with matters concerning enlisted personnel to be henceforth governed by AFP issuances under the new law.

The AFP earlier welcomed the signing of RA 11939, saying it will “further strengthen the professionalism and promote the continuity of policies and modernization initiatives” in the organization.