The Department of National Defense (DND) welcomes the signing of Republic Act (RA) No. 11939, which will further strengthen the professionalism in the Armed Forces of the Philippines (AFP) and amend certain provisions of RA 11709. RA 11939 reflects our efforts to ensure continuity in policies and programs, while also strengthening meritocracy in the military.
According to DND officer- in-charge Senior Undersecretary Carlito Galvez, the Department is grateful for the support and consideration of the Commander-in-Chief, President Ferdinand R. Marcos, Jr., for the welfare and betterment of the AFP.
‘As the AFP is a very dynamic organization, RA 11939 aims to prevent stagnation in the promotion cycle and address the attendant reported demoralization among our military officers stemming from the previous law,’ Sec Galvez said.
‘We are also thankful to our partners in the House of Representatives and Senate, led by Speaker of the House Rep. Ferdinand Martin G. Romualdez and Senate President Sen. Juan Miguel F. Zubiri as well as the House Committee on National Defense Chairperson Rep. Raul C. Tupas and Senate Committee on National Defense and Security, Peace, Unification and Reconciliation Sen. Jinggoy Estrada, for their support in our pursuit of an AFP that is more effective and responsive to the needs of the nation,’ he added.
The new law amends the tour of duty for key military officials, with only the AFP Chief of Staff having a maximum tour of duty for three years, unless sooner terminated by the President.
The Commanding Generals of the Philippine Army and Philippine Air Force, the Flag Officer in Command of the Philippine Navy (PN), and the Superintendent of the Philippine Military Academy will have a maximum tour of duty of two years, unless sooner terminated, with no one-year prohibition for promotion. These officials will not be eligible for any position in the AFP unless promoted as Chief of Staff.
The maximum tenure-in-grade for officers also increased under the new law. Officers with the rank of Brigadier General/Commodore may hold their positions for five years instead of three years and 10 years for Colonel/Captain (PN) instead of eight years. RA 11939 puts in place a one-year prohibition for promotion to the rank of Brigadier General or higher, except for the aforementioned key positions. Meanwhile, RA 11939 stipulates that the number of generals in the AFP will be 1.25% of total officer strength under the AFP Table of Organization.
RA 11939 likewise increases the compulsory retirement age for officers, from 56 years old to 57, or upon accumulation of 30 years of satisfactory active duty, whichever comes later. Compulsory retirement for those commissioned under Presidential Decree No. 1908, and those appointed in the Corps of Professors will be upon reaching 60 years old or completion of 20 years of satisfactory active duty, whichever comes later. The law repeals the provision in RA 11709 for forced attrition of enlisted personnel, with matters concerning enlisted personnel to be henceforth governed by AFP issuances under the new law.
The DND spokesman , Public Affair Service Director Arsenio Andolong said he hopes the new law, approved and signed on 17 May 2023, will address the concerns of the men and women of the AFP. A technical working group to develop the Implementing Rules and Regulations (IRR) of RA 11939 has been convened, with the draft to be finalized by the Department as required by the law.
