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: EXECUTIVE ORDERS
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EXECUTIVE ORDER NO. 337
EXECUTIVE ORDER NO. 337 -
PRESCRIBING REGULATIONS GOVERNING THE DISCHARGE OR SEPARATION BY
ADMINISTRATIVE ACTION OF OFFICERS OF THE REGULAR FORCE AND RESERVE
OFFICERS ON EXTENDED TOUR OF ACTIVE DUTY IN THE ARMED FORCES OF THE
PHILIPPINES
Pursuant
to the authority conferred upon me by the Constitution and existing
laws, I, CORAZON C. AQUINO, President of the Philippines, do hereby
prescribe the following rules and regulations governing the discharge
or separation by administrative action of officers of 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 and Reserve Officers
serving on extended tour of active duty for six months or more in the
Armed Forces of the Philippines 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 or Reserve
Officer on extended tour of active duty for six months or more commits
any act of misconduct of such nature and gravity is 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 by
the Commander of the Major Service to which he belongs, to the
appropriate Efficiency and Separation Board, as hereinafter provided,
for the determination of his suitability or fitness for retention in
the service.
b. The Chief of Staff, Armed Forces of the
Philippines, and the Major Service Command 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 appropriate
Efficiency and failed to demonstrate satisfactory qualifications and
efficiency as an officer.
c. When an officer’s elimination is made mandatory by
operation of the provisions of Republic Act No. 291, as amended, or
other pertinent law, his name and record shall be referred forthwith to
the appropriate Efficiency and Separation Board. It shall be the sole
function of the Board in such case to determine whether the officer’s
separation is due to his misconduct, willful failure to perform his
duties, the 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.
EFFICIENCY AND SEPARATION BOARDS
4. a. An Efficiency and Separation Board shall be and
is hereby established for the General Headquarters, Armed Forces of the
Philippines, and for each of the Major Services of the Armed Forces of
the Philippines. The members of the several Boards shall be appointed,
upon recommendation of the Chief of Staff, Armed Forces of the
Philippines, by the Secretary of National Defense, who shall designate
the Chairman thereof.
b. An Efficiency and Separation Board shall be
composed of not less than five nor more than seven officers, one of
whom is a member of the Judge Advocate Generals’ Service, and who shall
be appointed from among officers assigned to the command to which the
Board pertains. As far as practicable, the members shall not be below
the permanent grade of Colonel or Captain in the Navy.
c. The members of each 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 of the Board.
5. a. The Commander of the command to which the
Efficiency and Separation Board pertains shall designate an officer of
suitable rank to serve, without vote, as Secretary for the Board. The
Secretary shall have the power to issue subpoena duces tecum, when
directed by the Chairman of the Board, in connection with cases pending
before said Board.
b. The Commander of the command to which the Board,
pertains shall also designate a Prosecuting Officer to prosecute cases
before the Board, present evidence of alleged misconduct and/or
inefficiency against the respondent officer, and refute his defense.
The commander shall also designate a Military Counsel to assist the
respondent officer.
c. The Commander of the command to which the
Efficiency and Separation Board pertains shall also provide such office
supplies, logistical support, clerical assistance and office space as
may be required by the Board.
6. Each Efficiency and Separation Board shall have
jurisdiction to pass upon the discharge or separation of officers
assigned to the Major Service to which the Board pertains. All general
and flag officers, irrespective of their assignment, and officers
assigned to the General Headquarters, Armed Forces of the Philippines,
and units directly under it shall fall under the jurisdiction of the
Efficiency and Separation Board for the said General Headquarters.
7. a. 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 Generals’ Service must be present.
b. The proceedings and decisions of the Board shall
be confidential. A majority of all members shall constitute a quorum.
All decisions should be reached by a majority vote of the members
present.
8. In determining an officer’s suitability or fitness
to remain in the service, the 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 No. 291, as amended, as may have a bearing on
the officer’s fitness for retention in the service. No weight shall be
attached to any political, social, financial, or any other factor not
military in nature.
9. Any officer under consideration for discharge or
separation pursuant to this Order shall be notified of such fact. He
shall be permitted counsel of his own choice. He 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.
10. 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 commander to which it pertains. If retention is
recommended and concurred in by the Commander to which the board
pertains, the case shall be considered closed and the officer shall be
notified thereof in writing.
11. a. The following recommendations of the Board
shall be forwarded to the President thru the Secretary of National
Defense for final decisions:
(1)
Separation from the service concurred in by the Commander of the
command to which the board pertains.
(2)
Retention/Separation not concurred in by the Commander of the command
to which the board pertains.
b. The Commander to which the board pertains may
remand a case to the Efficiency and Separation Board of origin for such
further action or proceedings as, in his opinion, is necessary for a
full, fair and impartial investigation.
c. 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.
d. If the Efficiency and Separation Board determines
that an officer’s separation is not due the foregoing causes, and he is
eligible for retirement, the Board shall recommend his retirement under
the applicable provisions of the AFP Retirement Law (P.D. No. 1638, as
amended).
III.
MISCELLANEOUS
12. 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.
13. Executive
Order No. 475, s-76, is hereby rescinded. All cases pending before the
AFP Efficiency and Separation Board established under Executive Order
No. 475, with the exception of those where proceedings have actually
been commenced with presentation of substantial evidence shall be
transferred to the appropriate major service command Efficiency and
Separation Board for the appropriate proceedings.
Done in the City of Manila,
this 13th day of September, in the year of Our Lord, nineteen hundred
and eighty-eight.
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