EXECUTIVE ORDER NO. 475
EXECUTIVE ORDER NO. 475 -
PRESCRIBING REGULATIONS GOVERNING THE DISCHARGE OR SEPARATION BY
ADMINISTRATIVE ACTION OF OFFICERS IN THE REGULAR FORCE, AND RESERVE
OFFICERS ON EXTENDED TOUR TO ACTIVE DUTY, IN THE ARMED FORCES OF THE
PHILIPPINES
Pursuant
to the authority conferred upon me by the Constitution and existing
laws, I, FERDINAND E. MARCOS, President of the Philippines, do hereby
prescribe the following rules and regulations governing the discharge
or separation by administrative action of officers in the Regular
Force, and Reserve Officers on extended tour of active duty for six
months or more, in the Armed Forces of the Philippines.
I. DISCHARGE OR SEPARATION FROM THE
SERVICE
1.
Officers of the Regular Force, Armed Forces of the Philippines and
Officers of the Reserve Force, on extended tour to active duty for six
months or more shall be administratively discharged or separated from
the service only upon the approval of the President. Unless otherwise
specifically provided by law, such discharge or separation shall be in
accordance with the regulations and procedures set forth in this Order
and in implementing regulations not inconsistent therewith.
2. a. When an
Officer of the Regular Force, Armed Forces of the Philippines, or a
Reserve Officer on extended tour of active duty for six months or more
commits any act of misconduct of such nature and gravity as to warrant
his discharge or separation from the service, his name and record shall
be referred by the Chief of Staff, Armed Forces of the Philippines or
the Commander of the Major Service to which he belongs, to the AFP
Efficiency and Separation Board, as hereinafter provided, for the
determination of his fitness or suitability for retention in the
service.
b. The Chief
of Staff, Armed Forces of the Philippines, and the Major Service
Commanders shall from time to time or as the need arises, cause the
review of the personal records and efficiency of officers under their
command and refer to the AFP Efficiency and Separation Board those
whose qualifications and efficiency are unsatisfactory.
c. When an
officer’s elimination from the Regular Force mandatory by operation of
the provisions of Republic Act No. 291, as amended, or other pertinent
laws, his name and record shall likewise be referred to the AFP
Efficiency and Separation Board. It shall be the sole function of the
Board in such cases to determine whether the officer’s separation was
due to misconduct, willful failure, intemperate use of drugs or
alcoholic liquor, or vicious or immoral habits.
3. Any officer
discharged or separated from the service for reasons other than his own
misconduct, willful failure to perform his duties, the intemperate use
of drugs or alcoholic liquor, or vicious or immoral habits, shall be
entitled to such gratuity, pension, separation pay, or retirement
benefits as may be authorized by law.
II. THE AFP EFFICIENCY AND SEPARATION BOARD
4.
a. The Armed Forces of the Philippines Efficiency and Separation Board
shall be and is hereby established which shall expeditiously pass upon
the discharge or separation of all officers of the Armed Forces of the
Philippines on the grounds specified in paragraphs 2a, 2b and 2c
hereof. The members of the Board shall be appointed by the Secretary of
National Defense, who shall designate the Chairman thereof.
b. The members
of the AFP Efficiency and Separation Board shall serve for a term of
two years unless sooner relieved by the Secretary of National Defense.
Before entering upon the discharge of their duties, the members shall
take their oath of office.
5. a. The AFP
Efficiency and Separation Board shall be composed of six voting
members, one member to be appointed from each of the four Major
Services, one from the General Headquarters, Armed Forces of the
Philippines or from any of the AFP Wide Separate and Support Units, and
one officer of the Judge Advocate General’s Service. As far as
practicable, the members shall not be below the permanent grade of
Colonel or Captain in the Navy.
b. The Chief
of Staff, Armed Forces of the Philippines shall designate an officer of
suitable rank who is a member of the Philippine bar to serve, without
vote, as counsel for the Board. Said officer shall assist the Board in
the examination of witnesses and evidence pertaining to cases referred
to it. He shall have power to issue subpoena and subpoena duces tecum,
when directed by the Chairman of the Board, in connection with cases
pending determination before said Board.
c. The Chief
of Staff, the vice Chief of Staff, the Deputy Chief of Staff, and the
Deputy Chief of Staff for Personnel of the Armed Forces of the
Philippines; and the Commander, Deputy or Vice Commander, Chief of
Staff and Assistant Chief of Staff for Personnel of any Major Service,
shall not be eligible for appointment as a member of the AFP Efficiency
and Separation Board.
d. No member
shall serve in the AFP Efficiency and Separation Board for more than
two consecutive terms. Only officers with sufficient competence,
prudence, impartiality and judicial temperament shall be appointed as
members of the Board.
e. The Board
shall act with utmost dispatch in each case. To promote expeditious
action in every case referred to it, the Board shall adopt such summary
proceedings as are consistent with the minimum requirements of
administrative due process, avoiding technicalities tending to
unreasonably delay the disposition of cases; Provided that in all
hearings and deliberations, the member belonging to The Judge Advocate
General’s Service must be present.
f. The
proceedings and decisions of the Board shall be confidential. A
majority of all the members shall constitute a quorum. All decisions
should be reached by a majority vote of the members present.
g. An
administrative assistant who is an officer on active military duty
shall be designated by the Chief of Staff, Armed Forces of the
Philippines, to serve as Secretary of the Board. He shall be in charge
of all clerical personnel and shall attend to all other administrative
requirements of the Board.
6. In
determining an officer’s suitability to remain in the service, the AFP
Efficiency and Separation Board shall weigh his proficiency,
experience, accomplishments, attitude, ability, and his character and
general value to the service. Due weight shall be given to such
findings and recommendations of a Selection Board, pursuant to Republic
Act 291, as amended, as may have a bearing on the officer’s present
fitness for retention in the service. No weight shall attach to any
political, social, financial, or any other factor not military in
nature.
7. Any officer
under consideration for discharge of separation pursuant to this order
shall be notified of such fact. He shall be permitted counsel of his
own selection. The officer shall have the right to appear before the
Board personally or through counsel, and to present any fact, argument,
or witness in his behalf or any matter pertinent to his case. He shall
be informed of all the evidences, charges, and reports against him and
shall be given full opportunity to refute the same.
8. a. The
Board shall recommend specifically in each case that the officer be
retained or that he be separated from the active service, subject to
the limitation in paragraph 2c of this Order. It shall submit a
complete report of the case and the record of investigation to the
Chief of Staff, AFP who shall review its findings and
recommendations.
b. The
following recommendations of the Board shall be forwarded to the
President thru the Secretary of National Defense for final decision:
(1)
Separation from the service concurred in by the Chief of Staff, Armed
Forces of the Philippines.
(2)
Retention/Separation not concurred in by the Chief of Staff, Armed
Forces of the Philippines.
c.
If a recommendation for retention is concurred in by the Chief of
Staff, AFP, the case shall be considered closed and the officer shall
be notified thereof in writing.
d. The Chief
of Staff, AFP may remand a case to the AFP Efficiency and Separation
Board for such further action or proceedings as, in his opinion, is
necessary for a full, fair and impartial investigation.
e. In all
cases, the investigation report shall specify the particular provisions
of paragraph 2 of this Order under which the Board took cognizance of
the case; whether the recommendation for separation is based on the
officer’s own misconduct, willful failure to perform his duties, the
intemperate use of drugs or alcoholic liquor, or vicious or immoral
habits; and such other matters as the Board may deem pertinent.
f. If the AFP
Efficiency and Separation Board determines that an officer’s separation
is not due to the foregoing causes, and he is eligible for retirement,
the Board shall recommend his retirement under the applicable
provisions of Republic Act No. 340, as amended.
III. MISCELLANEOUS
9.
The Secretary of National Defense shall promulgate from time to time
such rules and regulations, not inconsistent with the foregoing
provisions, as may be necessary to carry out the purpose and intent of
this Order.
10. Executive
Order No. 302, s-58, as amended by Executive Order No. 209, s-70, is
hereby rescinded. All cases pending before the difficult Efficiency and
Separation Boards established under Executive Order No. 302, s-58, as
amended, shall be transferred to the AFP Efficiency and Separation
Board for completion of investigation. All cases pending before the
Board of Review established under Title III of the said Executive Order
shall be transmitted to the Chief of Staff, AFP for purposes of review
in accordance with the provisions of paragraph 8 of this Order.
Done in the City of Manila,
this 28th day of October, in the year of Our Lord, nineteen hundred and
seventy-six, and of the Independence of the Philippines, the thirtieth.
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Since 19.07.98.