A
collection of Philippine laws, statutes and codes
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This page features the full text of
Republic Act No. 8220
AN
ACT CREATING THE RANKS OF CHIEF MASTER SERGEANT/MASTER CHIEF PETTY
OFFICER
AND SENIOR MASTER SERGEANT/SENIOR CHIEF PETTY OFFICER IN THE ENLISTED
RANKS
OF THE ARMED FORCES OF THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR,
AND
FOR OTHER PURPOSES.
REPUBLIC
ACT NO. 8220
AN
ACT CREATING THE RANKS OF CHIEF MASTER SERGEANT/MASTER CHIEF PETTY
OFFICER
AND SENIOR MASTER SERGEANT/SENIOR CHIEF PETTY OFFICER IN THE ENLISTED
RANKS
OF THE ARMED FORCES OF THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR,
AND
FOR OTHER PURPOSES.
Section
1.Declaration of Policy. — It is the
policy of the State to develop and professionalize the Armed Forces and
to provide adequate remuneration and benefits to its members. Career
development
and promotion systems shall be established to insure a career
progression
of all personnel of the Armed Forces of the Philippines and to provide
them with appropriate career motivations. chanrobles virtuallaw libraryred
Sec.
2. Creation of Ranks. — The grades
of Chief Master Sergeant/Master Chief Petty Officer (E-9) and Senior
Master
Sergeant/Senior Chief Petty Officer (E-8) shall be created and shall
form
a component part of the noncommissioned officers' grades of the Armed
Forces
of the Philippines.
Sec.
3. Distribution of Positions.
— The total number of Senior Master Sergeants/Senior Chief Petty
Officer
and Chief Master Sergeant/Master Chief Petty Officers shall be in
accordance
with the number of authorized positions in the approved Table of
Organization,
as provided for by Republic Act No. 7898, otherwise known as the AFP
Modernization
Act.chanrobles virtuallaw libraryred
Sec.
4. Qualifications. — Qualifications
for promotion from Master Sergeant/Chief Petty Officer to Senior Master
Sergeant/Senior Chief Petty Officer and from Senior Master
Sergeant/Senior
Chief Petty Officer to Chief Master Sergeant/Master Chief Petty Officer
shall be based on merit, fitness and other qualifications to be
determined
by the Secretary of National Defense.
Sec.
5. Compensation. — Qualified
Master Sergeants/Chief Petty Officers shall be eligible for promotion
to
Senior Master Sergeant/Senior Chief Petty Officer; qualified Senior
Master
Sergeant/Senior Chief Petty Officer to Chief Master Sergeant/Master
Chief
Petty Officer. A Chief Master Sergeant/Master Chief Petty Officer shall
receive a monthly base pay equivalent to the monthly base pay of a
Master
Sergeant/Chief Petty Officer plus one-half (1/2) of the difference
between
the monthly base pay of a Second Lieutenant/Ensign and a Master
Sergeant/Chief
Petty Officer. A Senior Master Sergeant/Senior Chief Petty Officer
shall
receive a monthly base pay equivalent to the monthly base pay of a
Master
Sergeant/Chief Petty Officer plus one-half (1/2) of the difference
between
the monthly base pay of a Chief Master Sergeant/Master Chief Petty
Officer
and a Master Sergeant/Chief Petty Officer. The computation of their
quarters
allowance shall also be based on the same scheme.
Sec.
6. Retirement and Separation.
— The enlisted personnel who attain the rank of Master Sergeant/Chief
Petty
Officer, Senior Master Sergeant/Senior Chief Petty Officer and of Chief
Master Sergeant/Master Chief Petty Officer shall, upon retirement, be
entitled
to the retirement pay and benefits of a Second Lieutenant/Ensign: Provided,
That a Chief Master Sergeant/Master Chief Petty Officer retired from
the
AFP, shall receive a gratuity equivalent to that of a Second
Lieutenant/Ensign,
plus one-half (1/2) of the difference between the gratuity of a Second
Lieutenant/Ensign and a Master Sergeant/Chief Petty Officer, and a
Senior
Master Sergeant/Senior Chief Petty Officer shall receive a gratuity
equivalent
to that of a Second Lieutenant/Ensign, plus one-half (1/2) of the
difference
between the gratuity of a Chief Master Sergeant/Master Chief Petty
Officer
and a Master Sergeant/Chief Petty Officer, payable in one lump sum:
Provided, further, That the Chief Master Sergeant/Master Chief
Petty
Officer and Senior Master Sergeant/Senior Petty Officer may opt to
receive
a monthly retirement pay, in lieu of gratuity, the computation of which
shall be based on the same scheme: Provided, furthermore, That
upon
his retirement, he shall be entitled, at his option, to receive in
advance
his lump sum annual retirement pay for the first three (3) years and
thereafter
receive his annual retirement pay payable in equal monthly installments
as they accrue: Provided, finally, That if he dies within the
three-year
period following his retirement and is survived by beneficiaries as
defined
in Presidential Decree No. 1638, the latter shall only receive the
derivative
benefits thereunder starting the first month after the aforecited
three-year
period.
Nothing
in this section shall be construed as authorizing adjustment of pay, or
payment of any differential in retirement pay to officers and enlisted
men who are already retired prior to the approval of this Act as a
result
of increases in salary of those in the active service: Provided, That
retirees
who are recalled to active duty may have their retirement pension
adjusted
based on the rank they hold and on the prevailing pay of military
personnel
in the active service, at the time of the termination of their recall
to
active duty.
Sec.
7. Selection of AFP Command Sergeant
Major. — The AFP Command Sergeant Major shall be selected from among
the
Chief Master Sergeants/Master Chief Petty Officers under such rules and
regulations that the Chief of Staff, AFP, may prescribe: Provided,
That unless sooner terminated by the Chief of Staff, AFP, the AFP
Command
Sergeant Major shall serve for maximum term of three (3) years.
Sec.
8. Maximum Tenure-in-Grade. —
The Secretary of National Defense shall determine the maximum
tenure-in-grade
of enlisted personnel in the ranks of Master Sergeant/Chief Petty
Officer,
Senior Master Sergeant/Senior Chief Petty Officer, and Chief Master
Sergeant/Master
Chief Petty Officer.chanrobles virtuallaw libraryred
Sec.
9. Implementing Rules and Regulations.
— The Secretary of National Defense shall, within ninety (90) days
after
the approval of this Act, promulgate the necessary rules and
regulations
and other guidelines for the effective implementation of this Act.
Sec.
10. 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.
Sec.
11. Separability Clause. — Any
portion or provision of this Act that may be declared unconstitutional
shall not have the effect of nullifying other portions or provisions
hereof.chanrobles virtuallaw libraryred
Sec.
12. Repealing Clause. — All laws,
decrees, executive orders, rules and regulations and other issuances or
parts thereof which are inconsistent with the provisions of this Act
are
hereby repealed or amended accordingly.chanrobles virtuallaw libraryred
Sec.
13. Effectivity. — This Act shall
take effect fifteen (15) days after its publication in at least two (2)
newspapers of national circulation.
Approved:
October 9, 1996
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