BY JOCELYN MONTEMAYOR and VICTOR REYES
A NEW law recently signed by President Duterte fixes the term of office of star-rank officials of the Armed Forces of the Philippines, including the chief of staff, and raises the retirement age of certain senior military officials.
Republic Act (RA) No. 11709, which the President signed on April 13 and takes effect on July 1, aims to enhance professionalism in the AFP by strengthening the merit system and promoting the most qualified officers to higher ranks.
The law says it seeks to “fix the tour of duty of the Chief of Staff and other officers holding key positions,” as well as to “obviate revolving door accommodation promotions to successfully create a new culture of excellence in leadership and accountability in the AFP” and “ensure the implementation of merit-based promotion and attrition system that will assure the AFP of continuous poll of qualified and effective leaders.”
There have been AFP chiefs who served less than six months in their positions as their appointments were made a few months before retirement.
Duterte, in his six-year term, has appointed 11 AFP chiefs, including incumbent Gen. Andres Centino.
The 10 others were Ricardo Visaya, now Interior Eduardo Eduardo Año, now Bureau of Customs commissioner Rey Leonardo Guerrero, now presidential adviser on peace, reconciliation and unity Carlito Galvez, now Philippine Coconut Authority administrator Benjamin Madrigal Jr., Noel Clement, Felimon Santos Jr, Gilbert Gapay, Cirilito Sobejana and Jose Faustino Jr.
Faustino and Clement had the shortest stints among the AFP chiefs appointed by Duterte, as they served for less than four months.
The revolving door policy in the appointment of AFP chiefs was also evident during the term of President Arroyo who appointed 12 AFP chiefs during her nine-year administration. They were Diomedio Villanueva, Roy Cimatu, Benjamin Defensor Jr., Dionisio Santiago, Narciso Abaya, Efren Abu, Generoso Senga, now National Security Adviser Hermogenes Esperon Jr, Alexander Yano, Victor Ibrado, Delfin Bangit and Nestor Ochoa (acting).
Angelo Reyes served under Arroyo as a holdover from the previous Estrada administration.
Only seven AFP chiefs served during the six-year administration of President Benigno Aquino III, Duterte’s predecessor. They were Ricardo David, Eduardo Oban Jr, Jessie Dellosa, Emmanuel Bautista, Gregorio Catapang, Hernando Iriberri and Glorioso Miranda (acting).
The new law gives the military leadership a longer period to implement reforms, institutionalize policies that will improve the AFP, and modify the grade distribution or ranks of officers.
RA 11709 sets to three years the term of office of the AFP chief of staff, vice chief of staff, deputy chief of staff, commanding general of the Army and Air Force, flag officer in command of the Navy, unified command commanders, and inspector general, “unless sooner terminated by the President.”
The President may also extend the tour of duty of the AFP chief “in times of war or other national emergency declared by Congress.”
The law also states that:
* The vice chief of staff, deputy chief of staff, commanding general of the Army and Air Force, flag officer in command of the Navy, unified command commanders, and inspector general “shall not be eligible for any other position in the AFP unless promoted to the position of chief of staff.”
* The vice chief of staff, deputy chief of staff, commanding general of the Army and Air Force, flag officer in command of the Navy, unified command commanders, and inspector general after completing their fixed tour of duties or terms of office — regardless of age – shall be compulsorily retired unless they are promoted to Chief of Staff or they are relieved from their position.
* The superintendent of the Philippine Military Academy (PMA) shall not be more than 58 years old at the time of appointment, hold the rank of lieutenant general/vice admiral and have a tour of duty of four year.
The PMA superintendent shall not be eligible for any position in the AFP, unless promoted as chief of staff, and shall be compulsorily retired after the completion of term unless relieved from office.
* Compulsory retirement shall apply to those in the grades or ranks of second lieutenant or ensign (O-1) to colonel or captain (O-6) upon reaching the age of 56 or serving for 30 years of satisfactory active duty, whichever is later; and to those in the grades of brigadier general or commodore (O-7) to lieutenant general or vice admiral (O-9) upon reaching the age of 59 or the maximum tenure-in grade as defined by RA 11709, or whichever comes first.
Compulsory retirement shall also apply to those commissioned under Presidential Decree 1908 or the Armed Forces Officers Personnel Act of 1948, and those appointed in the Corps of Professors upon reaching the age of 60 or completion of a 20-year satisfactory active duty, whichever comes later.
* Enlisted personnel shall be compulsory retired upon reaching the age of 56 or after reaching 30 years of satisfactory active duty, whichever comes later.
* Officers or enlisted personnel who served 20 years of satisfactory active duty are given the option to retire early provided that they file request to be retired from the military service and will be subject to the approval either of the President, the secretary of National defense, AFP chief, or the major service commander.
* Officers and enlisted personnel shall be retired one rank higher from their last grade.
They will, however, receive benefits equivalent to their last grade level or rank. In the past retirees are promoted to the next higher rank and receive benefits equivalent to the new rank.”
