An Act to Amend Subsection (c), Section Twenty-Two, of Commonwealth Act Numbered One, Otherwise Known as the National Defense Act, as Amended by Commonwealth Act Numbered Five Hundred Sixty-Nine

June 11, 1941

COMMONWEALTH ACT NO. 645

AN ACT TO AMEND SUBSECTION (c), SECTION TWENTY-TWO, OF COMMONWEALTH ACT NUMBERED ONE, OTHERWISE KNOWN AS THE NATIONAL DEFENSE ACT, AS AMENDED BY COMMONWEALTH ACT NUMBERED FIVE HUNDRED SIXTY-NINE

SECTION 1. Subsection (c), section twenty-two, of Commonwealth Act Numbered One, otherwise known as "The National Defense Act," as amended by Commonwealth Act Numbered Five hundred sixty-nine, is further amended to read as follows: HIDCTA

"SEC. 22. (c) Except as hereinafter authorized, all appointments of regular officers shall be in the grade of third lieutenant, from among applicants who at the time of appointment shall be not less than twenty-one nor more than twenty-six years of age. Priority in filling vacancies in the grade of third lieutenant will be given: first, to graduates of the Military Academy of the Philippines or of the United States Military or Naval Academy; second, to graduates of senior military training units in schools and colleges; third to enlisted men who at the time of appointment shall have served more than one year in the Army of the Philippines, and, fourth, to others: Provided, That original appointments in the Judge Advocate General's Service, the Medical Service and the Chaplain Service, shall be in the grade of first lieutenant from among applicants who, at the time of appointment, shall not be less than twenty-five nor more than thirty-five years of age, and, in addition, shall have engaged in the practice of law for at least five years, if appointment is to be made in the Judge Advocate General's Service; said grade being also given, upon the passage of this Act, to such officers of the said services whose present grade is lower than first lieutenant: Provided, also, That during the six years following the approval of this Act, the President is authorized to fill vacancies in any commissioned grade in the Army of the Philippines by appointment of officers of the Philippine Constabulary who are citizens of the Philippines and of such officers of the Philippine Scouts and of the Officers' Reserve Corps, U.S. Army, and of graduates of the United States Naval Academy, citizens of the Philippines, as have, prior to their appointment in the Army of the Philippines, legally and honorably severed their connection with the active elements of the Army of the United States, and of such others as may qualify through professional and military examination prescribed for the purpose: Provided, further, That the President may appoint professors and assistant professors in the Department of Mathematics and Natural Philosophy, the Department of Engineering and the Department of Languages and Social Arts of the Military Academy without military rank with such compensation as he may prescribe, or in such commissioned grades of the regular force as he may determine; and in the latter case, he may thereafter promote them under such regulations as he may prescribe, such professors and assistant professors to be carried on in a separate roster apart from the general roster of the Army and in addition to the number of commissioned officers prescribed in subparagraph (d) of this section. No transfer of these professors with military rank to other branches of the Army will be permitted: And provided, finally, That an officer below field rank designated as chief of an arm or service, or Superintendent or Commandant of cadets in the Philippine Military Academy, may be promoted temporarily to the rank of major without vacating his permanent commission, such temporary rank being in addition to the authorized strength of the Officer Corps prescribed in subparagraph (d) of this section."

SECTION 2. This Act shall take effect upon its approval.

Approved, June 11, 1941.