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This page features the full text of
Republic Act No. 8186
AN
ACT PRESCRIBING OFFICER GRADE DISTRIBUTION IN THE ACTIVE FORCE OF THE
ARMED
FORCES OF THE PHILIPPINES AND LIMITING THE TENURE OF OFFICERS IN THE
GRADE
OF COLONEL/CAPTAIN (PN) AND GENERAL/FLAG OFFICERS IN THE AFP.
REPUBLIC
ACT NO. 8186
AN
ACT PRESCRIBING OFFICER GRADE DISTRIBUTION IN THE ACTIVE FORCE OF THE
ARMED
FORCES OF THE PHILIPPINES AND LIMITING THE TENURE OF OFFICERS IN THE
GRADE
OF COLONEL/CAPTAIN (PN) AND GENERAL/FLAG OFFICERS IN THE AFP.
Section
1. Officer Grade Distribution.
— The Secretary of National Defense shall prescribe the authorized
number
of officers in the active force in each grade and in each major,
technical
or administrative service and shall implement the gradual decrease in
the
number of officers in each officer rank as part of, and in line with,
the
Modernization Program of the Armed Forces: Provided, That effective one
(1) year after the approval of this Act, such number shall not exceed
the
number in each grade authorized in the Table of Organization of units
of
the active force distributed as follows: Point Seventy-five per centum
(.75%) in the General/Flag Officer grade; six per centum (6%) in the
grade
of Colonel/Captain (PN); twelve per centum (12%) in the grade of
Lieutenant
Colonel/Commander (PN); eighteen per centum (18%) in the grade of
Major/Lieutenant
Commander (PN); twenty per centum (20%) in the grade of
Captain/Lieutenant
(PN); and forty-three point twenty-five per centum (43.25%) in the
grades
of First Lieutenant/Lieutenant Junior Grade (PN) and Second
Lieutenant/Ensign
(PN): Provided, further, That such distribution is based on the total
officer
strength authorized for the AFP: Provided, furthermore, That the Table
of Organization of units of the active force shall be adjusted in
accordance
with their respective missions and officer requirements, and shall be
gradually
decreased pursuant to this section and such rules and regulations as
the
Secretary of National Defense shall prescribe, subject to the condition
that the schedule of percentage for each grade as herein prescribed
shall
not be exceeded; Provided, furthermore, That considering the highly
technical
nature of the Air Force and the navy, they shall be allocated a higher
officer to enlisted personnel ratio which shall not exceed fifteen
percent
(15%) of the officer to enlisted personnel ratio allocated for the
Philippine
Army: Provided, finally, That if the actual number in a grade is less
than
the number prescribed, the difference may be applied as an increase to
the number prescribed in a lower grade.
Sec.
2. Distribution of General/Flag
Officers. — The number of general/flag officers herein authorized shall
be distributed to the various general/flag officer grades in accordance
with the schedule of percentage as hereunder prescribed:
General/Admiral
(0-10)
1 per centum
Lieutenant
General/Vice
Admiral
(0-9)
7 per centum
Major
General/Rear
Admiral
(0-8)
26 per centum
Brigadier
General/Commodore
(0-7)
66 per centum
————————
Total
100 per centum
Provided,
That there shall only be one officer with a grade of General/Admiral at
any one time: Provided, further, That the number corresponding
to
the schedule of percentage prescribed for the grades of Major
General/Rear
Admiral, Lieutenant General/Vice Admiral, and General/Admiral shall be
the maximum: Provided, furthermore, That if the actual number
in
a grade is less than the number prescribed, the difference may be
applied
as an increase to the number prescribed in the lower grade: Provided,
finally, That no officer shall be promoted to the grade of
Brigadier
General/Commodore or higher unless there is an existing vacancy, and
the
officer is occupying a position in the Table of Organization that
requires
the grade or rank for which he is being considered for promotion.cralaw:red
Sec.
3. Maximum Tenure in Grade. —
The maximum tenure of officers in the grades of Colonel/Captain (PN)
and
General/Flag Officer in the AFP are hereby prescribed as follows:
GRADE
MAXIMUM TENURE
IN
GRADE
General/Admiral
(0-10)
three (3) years
Lieutenant
General/Vice Admiral (0-9)
three (3) years
Major
General/Rear Admiral (0-8)
three (3) years
Brigadier
General/Commodore (0-7)
five (5) years
Colonel/Captain
(PN) (0-6)
ten (10) years
Unless
earlier separated, retired or promoted to the next higher grade or
occupying
a position calling for the ranks of higher grade in the AFP Table of
Organizations,
Colonels/Captain (PN) and Generals/Flag Officers shall be compulsorily
retired upon the attainment of the maximum tenure in grade herein
prescribed,
or upon reaching the age of compulsorily retirement whichever is
earlier,
except for the Chief of Staff, AFP, who may be allowed by the President
of the Philippines to finish tenure in position as provided for in the
Constitution: Provided, That officers already holding these ranks upon
the approval of this Act may be allowed one (1) year more of tenure in
grade before the maximum tenure provided in this section shall be
applied
to them, unless they shall have already reached the compulsory
retirement
age under existing laws, in which case the compulsory retirement age
shall
prevail.
Sec.
4. Maximum Tenure in Position.
— Officers holding the following key positions are hereby limited to a
maximum tenure in position of three (3) years unless otherwise earlier
relieved by competent authority or compulsorily retired under existing
laws:
Chief
of Staff, AFP
Vice
Chief of Staff, AFP
The
Deputy Chief of Staff, AFP
Major
Service Commanders
Provided,
That except for the Chief of Staff of the AFP, no officer shall be
assigned/designated
to the aforementioned key positions or promoted to the rank of
Brigadier
General/Commodore or higher if he has less than one (1) year of active
service remaining prior to compulsory retirement.
chanrobles virtuallaw libraryred
Sec.
5. Appropriations. — The amount
necessary to implement the provisions of this Act is hereby authorized
to be paid out of savings from the appropriations of the AFP for the
current
year. Thereafter, the sum necessary for the implementation of this Act
shall be included in the annual General Appropriations of the AFP.
chanrobles virtuallaw libraryred
Sec.
6. Implementing Regulations.
— The Secretary of National Defense shall prescribe the rules and
regulations
necessary for the effective implementation of this Act.
chanrobles virtuallaw libraryred
Sec.
7. Repealing Clause. — All laws,
rules and regulations, and other issuances or parts thereof, which are
inconsistent with the provisions of this Act, are hereby repealed or
modified
accordingly.chanrobles virtual law library
Sec.
8. Effectivity. — This Act shall
take effect upon its approval.
Approved:
June 11, 1996
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