Appropriations.
SEC. 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.
Construction and Interpretation.
SEC. 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.
Implementing Rules and Regulations.
SEC. 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:
(a) The fixed tour of duty provided herein shall apply to General/Flag Officers appointed by the President after the effectivity of this Act: Provided, That incumbent officers occupying key positions shall be compulsorily retired pursuant to the provisions of Presidential Decree No. 1638, as amended, unless said officer is appointed to the position of Chief of Staff;
(b) The maximum tenure-in-grade shall only apply to officers and enlisted personnel promoted after the effectivity of this Act;
(c) The transition system shall allow all officers and enlisted personnel an opportunity to compete for promotions and/or complete the requirements for retirement, as may be necessary; and
(d) The rules and regulations shall give full respect to the services of the officers and enlisted personnel and provide for adequate separation and/or retirement benefits as may be allowed by existing laws, rules, and regulations.
Review and Assessment.
SEC. 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.
Separability Clause.
SEC. 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.
Repealing Clause.
SEC. 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:
(a) Sections 3nad 4 of Republic Act No. 8186, as amended, which provides for the Maximum Tenure-in-Grade and Maximum Tenure in Position, are hereby repealed;
(b) Section 4 of Presidential Decree No. 1638, which deals with optional retirement, is hereby amended;
(c) Section 5(a0) of Presidential Decree No. 1638, as amended by Presidential Decree No. 1650, which provides for the Compulsory Retirement for Military Personnel, is hereby amended;
(d) Sections 10, 11, and 12 of Presidential Decree No. 1638 are hereby repealed: Provided, That the last proviso of Section 10 shall remain in force and effect for purposes of implementation of Section 8 of this Act;
(e) Section 9 of Presidential Decree No. 1638, which provides for retirement in the next higher grade, is hereby amended;
(f) Section 17 of Presidential Decree No. 1638, which provides for retirement benefits based on the next higher grade, is hereby amended;
(g) Section 1 of Republic Act No. 9188, with respect to Officer Grade Distribution, is hereby amended;
(h) Section 4(b) and (c) of Republic Act No. 291, as amended, which provides for the age of commissionship, is hereby amended;
(i) Section 27 of Commonwealth Act No. 1, which provides for the age of enlistment, is hereby amended; and
(j) All laws, executive orders, or issuances, or any part thereof, which are inconsistent herewith, are hereby repealed, amended or modified accordingly.
Effectivity.
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,
(SGD.) VICENTE C. SOTTO III
President of the Senate
(SGD.) LORD ALLAN JAY Q. VELASCO
Speaker of the House
of Representatives
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.
(SGD.) MYRA MARIE D. VILLARICA
Secretary of the Senate
(SGD.) MARK LLANDRO L. MENDOZA
Secretary General
House of Representatives
Approved: APR 13 2022
(SGD.) RODRIGO ROA DUTERTE
President of the Philippines
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).