Republic Act No. 9188

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1.
Section 1 of Republic Act No. 8186 is hereby amended to read as follows:

"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: One point one two five per centum (1.125%) 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-two point eight seven five per centum (42.875%) 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 in the determination of the officer to enlisted personnel ratio, the mission requirement, capabilities, scope of responsibility, technical nature of the position and task, and equipment inventory of units shall be taken into consideration: 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 in the Philippine Army: Provided, furthermore , That as far as practicable, officers in the technical or administrative services such as, but not limited to, surgeon general, chief dental service and chief nurse may be eligible for promotion to general/flag officer grade:

Provided, furthermore, That the quota limitation provided herein shall not apply in the promotion to general/flag rank of reserve officers in the inactive service: 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.
Section 2 of the same law is likewise amended to read as follows: "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:  " Provided, That there shall only be one officer with a grade of General/Admiral at any 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 of which he is being considered for promotion."

SEC. 3. Determination and Allocation of Key Positions.
The Secretary of the Department of National Defense upon the recommendation of the Chief of Staff, AFP shall determine and allocate the number of key positions among the major services, headquarters and support units of the AFP based on the technical nature of the organization, position, task, scope and area of responsibilities, equipage, prevailing internal and external threats and other considerations as the exigencies of the service may require, subject to review by Congress.

SEC. 4. Promotion and Designation/Assignment.
No officer shall be promoted nor designated/assigned to the grade of Brigadier General/Commodore or higher unless there is an existing vacancy and the officer is occupying a position in the TOE that requires the grade or rank for which he is being considered for promotion or designation/ assignment.

The President shall nominate and, with the consent of the Commission on Appointments, appoint officers of the armed forces from the rank of colonel or naval captain.

The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of Congress.

SEC. 5. Appropriations.
The amount necessary for the initial implementation of this Act shall be charged against the appropriations savings of the AFP. Thereafter, such sum as may be necessary for the continued implementation of this Act shall be included in the regular appropriations of the AFP in the annual General Appropriations Act.

SEC. 6. Rules and Regulations.
The Department of National Defense in coordination with the Armed Forces of the Philippines and other relevant offices shall formulate and issue the implementing rules and regulations necessary for the effective implementation of this Act.

SEC. 7. Transitory Provisions.
Officers currently holding key positions may still be promoted to the corresponding rank even if they have less than one (1) year remaining of active service but must have held the position for at least six (6) months before the effectivity of the law.

SEC. 8. Repealing Clause.
Sections 1 and 2 of Republic Act No. 8186 and 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.

SEC. 9. Effectivity.
This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in two (2) newspapers of general circulation, whichever conies earlier.

Approved,   This Act, which is a consolidation of Senate Bill No. 2379 and House Bill No. 3539, was finally passed by the Senate and the House of Representatives on January 28, 2003.

Approved: FEB 10 2003

(Sgd.) GLORIA MACAPAGAL - ARROYO President of the Philippines