Definition of Terms.
SEC. 9. Definition of Terms. - As used in this Act, the following terms shall mean:
(a) Active Duty refers to the service or duty as a commissioned officer, enlisted personnel, cadet, probationary officer, trainee or draftee in the regular force of the AFP.
(b) Enlisted Personnel refer to members of the AFP with the rank of Private up to First Chief Master Sergeant or their equivalent in the other services.
(c) Forced Attrition refers to a mode of attrition wherein an officer or enlisted personnel who, after having been considered for promotion to the next higher grade, failed to qualify on account of his-her own fault, failure or negligence or lack of individual merit, or who has completed the maximum tenure-in-grade without being promoted, is subsequently separated or retired from military service.
(d) Grade refers to the military rank of a commissioned officer and enlisted personnel. Commissioned officers, from the lowest to highest, are:
(1) Second Lieutenant/Ensign (PN);
(2) First Lieutenant/Lieutenant Junior Grade (PN);
(3) Captain/Lieutenant (PN);
(4) Major/Lieutenant Commander (PN);
(5) Lieutenant Colonel/Commander (PN);
(6) Colonel/Captain (PN);
(7) Brigadier General/Commodore (PN);
(8) Major General/Rear Admiral (PN);
(9) Lieutenant General/Vice Admiral (PN);
(10) General/Admiral (PN).
Enlisted personnel, from lowest to highest, are:
(1) Private;
(2) Private First Class;
(3) Corporal;
(4) Sergeant;
(5) Staff Sergeant;
(6) Technical Sergeant;
(7) Master Sergeant;
(8) Senior Master Sergeant;
(9) Chief Master Sergeant; and
(10) First Chief Master Sergeant or their equivalent in the Philippine Navy and Philippine Air Force.
(e) Officers refer to commissioned personnel in the regular force of AFP.
(f) Primary Zone refers to officers who are on promotable status in the uppermost portion of the promotion list equivalent to the number of declared vacancies.
(g) Procurement refers to the process of obtaining personnel through recruitment, selection, and appointment.
(h) Tenure-in-Grade refers to the allowable or maximum year given to an Officer/Enlisted Personnel in a certain grade/rank.
Forced Attrition of Officers.
SEC. 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:
(a) Attrition by Non-Promotion. -
(1) Deferment of Promotion. - An officer in the grade of Second Lieutenant/Ensign (PN) whose promotion is deferred once shall be separated in the permanent grade the officer holds on the first day of the third month after the President shall have approved the promotion of officers recommended by the Selection Board which recommended the deferment of such an officer for the first time.
(2) Twice Deferment of Promotion. - An officer in the grade of First Lieutenant-Lieutenant Junior Grade (PN) to Lieutenant Colonel/Commander (PN) whose promotion to the next higher grade is deferred twice shall be separated in the permanent grade the officer holds on the first day of the third month after the President shall have approved the promotion of officers recommended by the Selection Board which recommended the deferment of the promotion of such officer for the second time. This subsection applies only to officers in the primary zone of consideration because they were considered or deliberated upon by the Selection Board but failed to qualify for promotion to the next higher grade.
(b) Maximum Tenure-in-Grade for Officers. -
(1) Generals/Flag Officers. - The maximum tenure of officers in the grades of General/Flag Officer in the AFP are hereby prescribed as follows:
Grade
Maximum Tenure-in-Grade
General/Admiral
(O-10)
Three (3) years
Lieutenant General/Vice Admiral
(O-9)
Three (3) years
Major General/Rear Admiral
(O-8)
Three (3) years
Brigadier General/Commodore
(O-7)
Three (3) years
(2) Officers. - The maximum tenure of officers in the grades of Colonel, Lieutenant Colonel, Major, and Captain, or their equivalent in the other services in the AFP are hereby prescribed as follows:
Grade
Maximum Tenure-in-Grade
Colonel/Captain (PN)
(O-6)
Eight (8) years
Lieutenant Colonel/Commander (PN)
(O-5)
Seven (7) years
Major/Lieutenant Commander (PN)
(O-4)
Six (6) years
Captain/Lieutenant (PN)
(O-3)
Six (6) years
(c) Low Potentiality. - An officer referred to and found by the AFP Efficiency and Separation Board as not fit for retention, lacking leadership skills, of doubtful integrity, or fails to demonstrate satisfactory performance may be separated from the military service subject to the approval of the President.
Forced Attrition of Enlisted Personnel.
SEC. 11. Forced Attrition of Enlisted Personnel. -
(a) Failure of Promotion. - An enlisted personnel who fails to qualify or fails to satisfy any of the conditions for promotion to the next higher grade as determined by the appropriate Enlisted Personnel Promotion Board shall be referred to the concerned Review and Evaluation Board for evaluation and subsequent recommendation to the Major Service Commanders for attrition or retention. The grounds for referral shall be provided in the rules and regulations to be issued for the effective implementation of this Act.
(b) Maximum Tenure-in-Grade for Enlisted Personnel. - An enlisted personnel shall be separated or retired in accordance with the provisions of existing laws for failure to be promoted after having attended the maximum allowable tenure for the present grade except if occupying a position calling for a higher grade in the AFP Table of Organization:
Grade
Maximum Tenure-in-Grade
First Chief Master Sergeant
(E-10)
Three (3) years
Chief Master Sergeant
(E-9)
Three (3) years
Senior Master Sergeant
(E-8)
Three (3) years
Master Sergeant
(E-7)
Three (3) years
Technical Sergeant
(E-6)
Five (5) years
Staff Sergeant
(E-5)
Five (5) years
Sergeant
(E-4)
Four (4) years
Corporal
(E-3)
Four (4) years
Private First Class
(E-2)
Four (4) years
Private
(E-1)
Four (4) years
(c) Low Potentiality. - An enlisted personnel who is referred to and found by the Enlisted Personnel Reenlistment Board as not fit for retention, complacent, lacking leadership skills, of doubtful integrity, or fails to demonstrate outstanding performance may be separated from the military service.
Separation or Retirement from the AFP.
SEC. 12. Separation or Retirement from the AFP. - Any officer or enlisted personnel who is removed from the AFP pursuant to this Title shall be:
(a) separated, if one has rendered less than twenty (20) years of satisfactory active duty and shall receive separation benefits pursuant to law, or
(b) retired, if one has rendered at least twenty (20) years of satisfactory active duty and shall receive retirement benefits pursuant to law, unless the concerned service member is disqualified by law to receive such benefits.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
