SHORT TITLE
This Act may be cited as the "Armed Forces Officer Personnel Act of
1948."
Section 1. Appointment and assignment in branch —
Authorized strength of branches. — (a) Officers shall be permanently
appointed by the President in the Regular Force, but all appointments
of general officers and colonels shall be made with the consent of the
Commission on Appointments: Provided, That appointments in the Naval
Patrol will be in the Naval Patrol ranks equivalent to those of the
Ground andr Forces. Whenever grades are mentioned in this Act, it shall
be deemed to include the equivalent Naval Patrol grades.
(b) Officers holding permanent appointments in any
general officer grade in the Regular Force shall be known as General
Officers of the Regular Force.
(c) Appointments of officers in commissioned officer
grades below that of brigadier general in the Regular Force shall be
made in ther Corps, in the Naval Patrol, in the Judge Advocate
General's Service, and in each of the several corps of the Medical
Service; but otherwise they shall be made in the Regular Force without
specification of branch, arm or service. Those appointed without
specification of branch, arm, or service shall be assigned, and may
from time to time be transferred or reassigned, by the Secretary of
National Defense in the several branches, arms and service of the
Regular Force, excluding the Judge Advocate General's Service and the
several corps of the Medical Service, according to the professional
qualifications of the officers concerned and the needs of the branches,
arms and services: Provided, That no transfers from ther Corps and the
Naval Patrol to the other branches, arms or services shall be
permitted.
(d) The authorized active list of commissioned
officer strength of ther Corps; of the Naval Patrol; of the Judge
Advocate General's Service; and of each of the several corps of the
Medical Service; and of each of the several corps, arms and services of
the Regular Force, in which officers are assigned as distinguished from
those in which officers are appointed, shall from time to time, be
determined by the Secretary of National Defense within the authorized
active list of commissioned officer strength of the Regular Force and
within any limitations provided by law.
(e) Under regulations prescribed by the Secretary of
National Defense, officers appointed or assigned in one branch, arm or
service, may be detailed in and for duty with any other branch, arm or
service.
(f) Persons now vested with office in the Regular
Force in the several commissioned officer grades under appointments as
officers in the several branches, arms or services, excluding those
appointed in ther Corps, Naval Patrol, Judge Advocate General's
Service, and the several corps of the Medical Service, shall be deemed
to hold such office under appointments in the Regular Force without
specification of branch, arm or service and to be assigned in the
branch, arm or service specified in their appointments.
Sec. 2. General officers of the Regular Force. —
(a) There shall be maintained a seniority list of the general officers
of the Regular Force. The first name on the list shall be that of the
general officer most senior in the permanent general officer grade; the
second name on the list shall be that of the senior next below the
first; the third on the list shall be that of the senior next below the
second; and so on throughout the list.
(b) The authorized number of general officers of the
Regular Force shall be not more than one half (0.5) per centum of the
total authorized officer strength of the Armed Forces: Provided, That
the general officers will be allotted to the various branches, arms and
services as the Secretary of National Defense shall prescribe.
Sec. 3. Authorized numbers in grades below
brigadier general — Promotion list — Seniority — Date of rank. —
(a) The names of all active list commissioned officers of the Regular
Force in permanent grades below that of brigadier general shall be
carried on promotion lists hereinafter prescribed and such officers may
be referred to as Promotion List Officers.
(b) (1) The authorized numbers in each of the several
grades in each of the several promotion lists shall be prescribed by
the Secretary of National Defense by a schedule of percentages in each
grade for each list, which schedule of percentages may be different for
each promotion list, but the numbers thus authorized in each, of the
several grades in each of the several promotion lists, shall not exceed
any limitations prescribe by law and shall not exceed in any promotion
list the following percentages of the total officer strength authorized
for the Armed Forces: four (4) per centum in grade of colonel, ten (10)
per centum in grade of lieutenant-colonel, sixteen (16) per centum in
grade of major, twenty-one (21) per centum in grade of captain, and
forty-eight and one-half (48.5) per centum in the combined grades at
first and second lieutenant: Provided, That in the Medical Corps and
Judge Advocate General's Service there shall be no second-lieutenants,
and the numbers authorized in the grade of first-lieutenant in such
promotion list shall be all those not authorized in higher grade:
Provided, further, That numbers may be authorized for any grade in any
promotion list in lieu of authorizations in higher grades: And
provided, further, That this provision shall not operate to require a
reduction in permanent grade of any officer in any promotion list now
holding permanent appointment in any grade.
(2) The number authorized by the Secretary of
National Defense for each grade in each promotion list, may be exceeded
by the number of vacancies existing in higher grades in that list.
(c) Promotion Lists. (1) The Regular Force promotion
list shall contain the names of all promotion list officers except
officers of ther Corps, Naval Patrol, Judge Advocate General's Service,
and the several corps of the Medical Service.
(2) Ther Corps promotion list shall contain the names
of all promotion list officers of ther Corps.
(3) The Naval Patrol promotion list shall contain the
names of all promotion list officers of the Naval Patrol.
(4) The Judge Advocate General's Service promotion
list shall contain the names of all promotion list officers of the
Judge Advocate General's Service.
(5) The Medical Corps promotion list shall contain
the names of all promotion list officers of the Medical Corps.
(6) The Dental Corps promotion list shall contain the
names of all promotion list officers of the Dental Corps.
(7) The Veterinary Corps promotion list shall contain
the names of all promotion list officers of the Veterinary Corps.
(8) The Nurse Corps promotion list shall contain the
names of all promotion list officers of the Nurse Corps.
(d) Date in Rank and Seniority in Permanent
Grade.
(1) On each of the several promotion lists, names of
officers shall be arranged by grade in which the officers hold
permanent appointments in the Regular Force in the following order:
First, colonels; second, lieutenant-colonels; third, majors; fourth,
captains; fifth, first-lieutenants; and sixth, second lieutenants.
The words "grade," "senior" and seniority" as used in this section mean
"permanent grade," "senior in permanent grade," and "permanent grade
seniority," respectively.
(2) Among officers of the same grade and promotion
list, names shall be arranged as provided in this Act and seniority
among such officers shall be established thereby. The officer whose
names appears first on such list shall be the senior, the officer whose
name appears second on the list shall be the senior next below the
first, the officer whose name appears third on the list shall be the
senior next below the second, and so on throughout the list.
(3) Among officers of the same grade whose names are
not contained on the same promotion list, the officer with the earliest
date of rank shall be the senior, and in cases of same date of rank,
the officer with the greatest amount of continuous active commissioned
service shall be the senior, and in cases when this is the same,
seniority shall be established at the time of original appointment in
the Regular Force, and in cases not covered by the foregoing, as
established by the Secretary of National Defense. Any officer
transferred from one branch, arm or service to another, the officers of
which are contained on a different promotion list, shall have his name
entered upon such new promotion list among the officers in his grade in
accordance with their relative seniority as hereinabove defined.
(4) Unless specifically provided otherwise, upon
appointment of a promotion list officer in any grade, such officer's
name shall be placed at the bottom of the list of officers of the grade
in which appointed.
(e) The President shall cause the names of officers
of the Regular Force to be carried on promotion list which shall
establish permanently the relative seniority of such officers, subject
to exceptions made in accordance with this Act: Provided, That the
Seniority and Lineal Rosters of regular officers as of 6 August 1941,
as corrected, shall be the basis of all lists that may be made in
compliance to this Act: And provided, further, That within the period
of one year after the passage of this Act, the President of the
Philippines may make the necessary adjustment in the seniority and
lineal rosters of regular officers by promoting any officer not more
than one grade for outstanding merit, proven loyalty and war records.
(f) Except as otherwise provided in this Act, the
date of rank of an officer in the Regular Force, shall be the date of
appointment in that rank in the Regular Force.
(g) The Chief of Staff shall cause all changes
occasioned by separations, appointments, loss of rank by action of
court-martial, and all other changes due to the operations of law or
regulations to be entered on the approved promotion lists, and as
corrected, these lists shall be published to the Armed Forces at least
once each year.
Sec. 4. Procurement of additional officers. — (a)
Within the authorized active list commissioned officer strength of the
Regular Force, the President is authorized to appoint additional
officers in the Regular Force in commissioned officer grades as
hereinafter, in this section, prescribed subject to the condition and
limitations set forth.
(b) All persons appointed officers in the Regular
Force pursuant to this section shall be natural-born citizens of the
Philippines, not less than twenty-one nor more than twenty-six years of
age, of good moral character, physically qualified for active military
service, and shall have such other qualifications as may be prescribed
by the Secretary of National Defense: Provided, That persons appointed
in ther Corps shall be not less than nineteen years of age.
(c) Except as hereinafter authorized or unless
otherwise expressly provided by law, all initial appointments of
Regular Officers shall be in the grade of second-lieutenant. Priority
in filling vacancies in the grade of second-lieutenant will be given:
first, to graduates of the Philippine Military Academy or of the United
States Military or Naval Academy, or Philippiner Force or United
Statesr Force Flying Schools; second, to honor graduates of senior
military training units in schools and colleges; third, to enlisted men
who, at the time of appointment, shall have served for at least one
full term of enlistment in the Armed Forces of the Philippines and have
such other qualifications as may be prescribed by the Secretary of
National Defense; and fourth, others who shall have such qualifications
as the Secretary of National Defense shall prescribe: Provided, That
original appointments in the Judge Advocate General's Service and the
Medical Corps shall be in the grade of first-lieutenant from among
applicants who, at the time of appointment, shall be not less than
twenty-five nor more than thirty-five years of age, and in addition
shall have engaged in the practice of law for at least two years, if
appointment is to be made in the Judge Advocate General's Service; and
shall have engaged in the practice of medicine for at least two years,
if appointment is to be made in the Medical Corps: Provided, further,
That the President may appoint professors without military rank for the
Military Academy, which such compensation as he may prescribe or in
such commissioned grades of the Regular Force as he may determine, such
professors, associate professors and assistant professors, to be
carried as separate roster and in addition to the number of
commissioned officers prescribed.
(d) When any cadet of the Philippine Military Academy
or of the United States Military or Naval Academy or Philippiner Force
or United Statesr Force Flying Schools has completed the prescribed
course of instruction, he may, upon graduation, be appointed as
second-lieutenant in the Regular Force, and whenever any such
appointment would result in there being a number of active list
commissioned officers in the Regular Force in excess of the authorized
officer strength, such strength shall be temporarily increased as
necessary to authorize such appointment. The graduates of each class
shall be assigned relative seniority among themselves under regulations
prescribed by the Secretary of National Defense.
(e) The appointment of an officer in the grade of
second- lieutenant, who is found not fully qualified, may be revoked by
the President at any time, upon the recommendation of the Secretary of
National Defense.
Sec. 5. Selection boards — Promotions general. —
(a) (1) Unless expressly provided otherwise by some provision of law,
promotion list officers of the Regular Force shall be permanently
promoted to and appointed in the grades of lieutenant-colonel, major,
captain and first-lieutenant in the Regular Force only when recommended
for promotion to those grades by a selection board as provided in this
Act. Promotion to the grade of colonel, brigadier-general and
major-general or higher grade shall be as prescribed in sections eight
and nine of this Act.
(2) There shall be one selection board of ther Corps,
another for the Naval Patrol, and such number of selection boards as
may be necessary to act on all the other regular officers of the Armed
Forces: Provided, That selection boards for the promotion of officers
to the grades of first-lieutenants and captain shall be separate from
those for the promotion of officers to the grades of major and
lieutenant-colonels. Selection boards shall be convened from time to
time and under such regulations as the Secretary of National Defense
may prescribe. Board members shall be appointed by the Secretary of
National Defense. There shall be not less than five members on each
board.
(3) Selection boards shall serve for such length of
time as the Secretary of National Defense may prescribe but no one
board shall serve longer than one year. No officer shall serve on two
consecutive selection boards when the second of such boards considers
any of the officers who were considered but not recommended for that
grade by the first. Neither the Chief of Staff nor the Deputy Chief of
Staff nor the Assistant Chief of Staff for Personnel and
Administration, G-1, may become a member of any selection board.
(4) Board members must be senior in permanent grade
and temporary rank to any officer being considered by their board. They
must be Regular Force Officers holding commissions in a grade above
that of Captain: Provided, That qualifications for membership in
selection boards for ther Corps and Naval Patrol shall be as the
Secretary of National Defense may prescribe.
(5) A majority of the total members of any board must
agree on each of the officers recommended for promotion by that board.
(6) The President may remove from the list submitted
by any selection board the name of any officer recommended for
promotion to any grade who, in his opinion, is not qualified for
promotion. Any officer whose name is removed from such list by the
President shall continue to be eligible for consideration for promotion
as though he had not been considered for that grade by the selection
board which had recommended him, and the next succeeding selection
board may select and recommend the officer concerned for promotion, and
when promoted such officer shall take the same date of rank and place
on the promotion list he would have had, had he been promoted as the
result of his original selection; however, should any officer having
once been selected for promotion to any grade under section six or
section seven of this Act fail of promotion to such grade by virtue of
having his name removed by the President from the list submitted by any
selection board, again fail of promotion to the next higher grade
either (a) by being considered but not selected by the next succeeding
board, or (b) by virtue of having his name removed from such list by
the President, he shall be deemed to have twice failed of selection and
shall be eliminated from the active list of the Regular Force in
accordance with the provisions of section six (f) and section seven (f)
of this Act.
(7) Officers who had been recommended for promotion
to any grade under the provisions of this Act, who, at any time prior
to promotion, are found incapacitated for service by reason of physical
disability contracted in line of duty, shall be retired in the grade
for which they are recommended unless entitled to a higher rank under
provision of law.
(8) Each member of a selection board provided for in
this Act shall swear or affirm that he will, without prejudice or
partiality, and having in view both the specific fitness of officers
and the efficiency of the Armed Forces, perform the duties imposed upon
him as herein provided.
(b) In time of emergency declared by the President or
the Congress or in time of war, the President is authorized, in his
discretion, to suspend the operation of any part or parts of the
several provisions of law pertaining to promotions.
(c) Any officer eligible for consideration by a
selection board shall have the right to forward, through official
channels, at any time not later than ten days after the convening of
said board, a written communication inviting attention to any matter of
record in the Headquarters National Defense Forces, concerning himself
which he deems important in the consideration of this case.
(d) Hereafter, each officer of the Regular Force
shall receive, in addition to his monthly base pay, longevity pay
equivalent to ten per centum of the monthly base pay authorized for his
grade for each term of five years of faithful and efficient service
heretofore or hereafter rendered as an officer in the Regular Force,
such additional pay to be compounded every five years: Provided, That
the total amount of longevity pay shall not exceed fifty per centum of
the officer's monthly base pay as prescribed by law: Provided, further,
That nothing in this section shall be construed as authorizing the
payment of any back longevity pay for any period of service heretofore
rendered.
Sec. 6. Promotion to grades of first-lieutenant
and captain. — (a) Irrespective of the existence of any vacancies, each
promotion list officer in permanent grade of second- lieutenant and
first-lieutenant shall be considered by a selection board for promotion
to the grade of first-lieutenant and captain sufficiently in advance of
the date on which he completes three and seven years' active
commissioned service, respectively, so that such officer as recommended
by the selection board may be promoted to and appointed in such grade
on the date on which he completes such length of service. The
authorized number of officers in the grade of first-lieutenant and
captain shall, from time to time, be temporarily increased as necessary
to authorize such appointments.
(b) Whenever there are vacancies in any promotion
list in the grade of first-lieutenant and captain, officers of that
list in the grade of second-lieutenant and first-lieutenant may be
promoted to and appointed in the grade of first-lieutenant and captain,
respectively, before completion of three years' and seven years'
service, respectively: Provided, That the number of years of service
required for the purpose of subsections (a) and (b) of this section, as
necessary for promotion in ther Corps, Naval Patrol, Judge Advocate
General's Service, and the several corps of the Medical Service, shall
be as Secretary of National Defense shall prescribe.
(c) Second-lieutenants who are found to be not fully
qualified shall have their commissions revoked and be discharged under
authority of section four (e) of this Act.
(d) When officers in the grades of second-lieutenant
and first-lieutenant are to be considered by a selection board for
promotion to the grades of first-lieutenant and captain, respectively,
to fill vacancies in these grades, existing or anticipated, selection
boards shall consider officers in the grades of second-lieutenant or
first-lieutenant as the case may be in the order of their seniority as
their names appear on the promotion list concerned, recommend those who
are fully qualified for promotion to the grade concerned, pass over
those who are not fully qualified for promotion to such grade, and
continue such procedure until a specified number of recommended
officers is obtained No officer in any list submitted by any selection
board shall be appointed in the grade for which recommended ahead of
any other officer whose name appears above his on such list.
(e) Any officer considered and not recommended by any
selection board for the grade of captain shall be considered a
"deferred officer" as defined in subsection (e) of section seven of
this Act, and shall suffer loss in precedence for promotion purposes to
those officers who are recommended by the selection board which failed
to recommend him. Such loss in precedence for promotion purposes shall
not result in any loss in seniority by such deferred officer until his
juniors are promoted to the next higher grade.
(f) Deferred officers in the grade of
first-lieutenant shall be considered a second time by the next
selection board designated for consideration of officers of his grade
and promotion list. If any officer fails of selection for the grade of
captain but is subsequently recommended and promoted to that grade, his
failure in the grade from which promoted shall not in any sense be
counted as a failure of selection when he is subsequently considered
for further promotion. If a "deferred officer" is not recommended by
the next consecutive selection board, he shall be eliminated from the
active list of the Regular Force and separated under the provision of
section twenty-two (g) of the National Defense Act, as amended, or any
other law which may hereafter be provided for such purpose.
Sec. 7. Promotion to grades of major and
lieutenant-colonel — Elimination of those promoted. — (a) Promotion
list officers shall be promoted to and appointed in the permanent grade
of major and lieutenant-colonel in the Regular Force or eliminated from
the active list as hereinafter in this section prescribed.
(b) Based upon the number of vacancies existing and
anticipated in any promotion list in the grade of major and
lieutenant-colonel, selection boards shall consider and recommend for
promotion to such grade officers of that list in permanent grades of
captain and major, respectively, irrespective of the length of service
of such officers. The number to be recommended shall not exceed the
number of vacancies existing and anticipated.
(c) When officers in the grade of captain and major
are to be considered by a selection board for promotion to the grade of
major and lieutenant-colonel, respectively, to fill vacancies in these
grades, existing or anticipated, selection boards shall consider
officers in the grades of captain or major as the case may be in the
order of their seniority as their names appear on the promotion list
concerned, recommend those who are fully qualified for promotion to the
grade concerned, pass over those who are not fully qualified for
promotion to such grade, and continue such procedure until a specified
number of recommended officers is obtained: Provided, That for the
purpose of filling every third vacancy in the grade for major or
lieutenant-colonel in any promotion list, existing or anticipated, the
selection board may recommend the best qualified officer, irrespective
of his place in the promotion list: Provided, further, That any officer
who is passed over by virtue of not having been selected for promotion
pursuant to the preceding proviso, shall not be considered as a
"deferred officer" as defined in subsection (e) of this section.
(d) No officer in any list submitted by any selection
board shall be appointed in the grade for which recommended ahead of
any other officer whose name appears above his on such list.
(e) The phrase "deferred officer" as used in this
section means any officer considered and not recommended by any
selection board for the grade of major or lieutenant-colonel under the
provisions of this section. Each "deferred officer" shall suffer loss
in the precedence for promotion purposes to those officers who are not
recommended by the selection board which failed to recommend him. Such
loss in precedence for promotion purposes shall not result in any loss
in seniority by such deferred officer until his juniors are promoted to
the next higher grade.
(f) Deferred officers in any grade shall be
considered a second time by the next selection board designated for
consideration of officers of his grade and promotion list. If an
officer fails of selection for any grade but is subsequently
recommended and promoted to that grade, his failure in the grade from
which promoted shall not in any sense be counted as a failure of
selection when he is subsequently considered for further promotion. If
a "deferred officer" is not recommended by the next consecutive
selection board, he shall be eliminated from the active list of the
Regular Force and separated under the provisions of section twenty-two
(g) of the National Defense Act, as amended, or any other law which may
hereafter be provided for such purpose.
(g) Promotions and appointments to fill vacancies may
be made at any time, but it is not mandatory that the authorized
numbers in grades in the several promotion lists be
maintained.
Sec. 8. Promotion to grades of colonel and
brigadier-general. — (a) Based upon the number of vacancies
existing and anticipated in the grade of colonel and brigadier-general,
the Secretary of National Defense shall select from among officers in
the permanent grade of lieutenant-colonel and colonel those who, in his
opinion, have demonstrated by actual duty and experience their
capability for holding the next higher grade, and are best qualified to
hold the grade of colonel and brigadier-general, respectively:
Provided, That an officer must have completed at least one year's
service in the permanent grade of lieutenant-colonel or colonel before
being eligible for selection for promotion to colonel or
brigadier-general, respectively, with the consent of the Commission on
Appointments of the Congress.
Sec. 9. Promotion to grade of major-general or
higher grade. — (a) The grade of major-general or higher grade in the
active list shall be conferred only upon the officer appointed by the
President, with the consent of the Commission on Appointments, to the
office of Chief of Staff of the Armed Forces.
(b) The officer designated as Chief of Staff shall
hold office for a term of three years, unless sooner terminated by the
President.
(c) The officer shall select from among officers in
the permanent grades of brigadier-general and colonel the officer who,
in his opinion, is best qualified for the office of Chief of Staff:
Provided, That an officer in the permanent grade of colonel must have
completed at least one year's service in said grade before being
nominated or appointed to occupy the office of Chief of Staff:
Provided, further, That officers appointed in the Judge Advocate
General's Service and the several corps of the Medical Service, shall
not be eligible for nomination or appointment to the office of Chief of
Staff.
Section 10. Elimination from active list. — (a)
Unless sooner retired under other provisions of law, every officer of
the Regular Force, except an officer in ther Corps, shall be retired
upon completing thirty years of continuous active service or upon
attaining fifty-five years of age with a minimum of fifteen years of
continuous active service, whichever is earlier, unless the continued
service of the individual is, in the opinion of the President, required
for the good of the service.
(b) Unless sooner retired under other provisions of
law, every officer of the Regular Force, who is appointed in ther
Corps, shall be retired upon completing twenty-five years of continuous
active service or upon attaining fifty years of age with a minimum of
fifteen years of continuous active service, whichever is earlier,
unless the continued service of the individual is, in the opinion of
the President, required for the good of the service.
(c) Each officer eliminated from the active list
pursuant to subsections (a) and (b) of this section, shall be retired
with retirement pay as provided in section 4 of Commonwealth Act
Numbered One hundred ninety, otherwise known as the "Philippine Army
Retirement Act," or with such retirement pay as may hereafter be
provided by law.
Section 11. Temporary promotion. — Any commissioned
officer of the Regular Force may be appointed in and promoted to a
temporary grade, except first-lieutenant and brigadier-general, not
higher than one grade above his permanent grade, without vacating his
permanent appointment: Provided, That at no time shall the number of
officers holding office under permanent or temporary appointment in any
grade and in any promotion list exceed the number authorized for such
grade and such promotion list by any provision of law. Promotion under
this section shall be on a fair and equitable basis, selection being
based upon outstanding ability and efficiency under regulations
prescribed by the Secretary of National Defense.
Section 12. Appropriations. — Funds necessary for
carrying into effect the provisions of this Act shall be included under
"Purpose I — Personnel," in the annual appropriations for the Armed
Forces of the Philippines.
Section 13. Saving clause. — Nothing in this Act
shall operate to reduce the retired grade or retirement pay of an
officer heretofore retired.
Section 14. Repeal of laws. — All laws and
regulations, or provisions thereof, inconsistent with the provisions of
this Act, are hereby repealed or modified accordingly.
Section 15. Date of effectivity. — This Act shall
take effect upon its approval.
Approved: June 16, 1948
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