Implementing Rules and Regulations of Republic Act No. 11709

June 14, 2022

DND DEPARTMENT CIRCULAR NO. 15-22

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11709 KNOWN AS "AN ACT STRENGTHENING PROFESSIONALISM AND PROMOTING THE CONTINUITY OF POLICIES AND MODERNIZATION INITIATIVES IN THE ARMED FORCES OF THE PHILIPPINES, BY PRESCRIBING FIXED TERMS FOR KEY OFFICERS THEREOF, INCREASING THE MANDATORY RETIREMENT AGE OF GENERALS/FLAG OFFICERS, PROVIDING FOR A MORE EFFECTIVE ATTRITION SYSTEM, AND PROVIDING FUNDS THEREFOR"

CHAPTER 1

Declaration of Policy

ARTICLE 1.1. Declaration of Policy. —

1.1.1. In pursuit of the modernization of the Armed Forces of the Philippines (AFP), it is hereby declared the policy of the State to:

a. Enhance professionalization in the organization by strengthening the merit system, allow the new leadership a longer period to implement reforms, and institutionalize sound policies that will redound to the improvement of the AFP;

b. Promote the most qualified Officers and Enlisted Personnel to higher ranks;

c. Obviate revolving door accommodation promotions to create a new culture of excellence in leadership and accountability in the AFP; and

d. Refine and improve the rules on retirement, commissionship and enlistment.

Towards this end, the State shall:

a. Fix the tour of duty of the Chief of Staff and other officers holding key positions;

b. Adjust the mandatory retirement age of officers of the AFP;

c. Raise the age of commission of officers of the AFP;

d. Ensure the implementation of merit-based promotion and attrition system that will assure the AFP of a continuous pool of qualified and effective leaders; and

e. Modify the Grade Distribution of Officers. The DND to gradually reduce the positions of major responsibility from the present number to the authorized ratio.

f. The promotion and attrition system of the AFP shall be strictly followed. No AFP circular shall be issued affecting the promotion and attrition system which is inconsistent with the Act and without prior approval of the Secretary of National Defense; and CAIHTE

g. Pursuant to Article XVI, Section 5 (5) of the Constitution, the implementation of RA 11709 shall not allow nor have the effect of extending the services of AFP officers. Thus, all active military personnel who will not be covered by the provisions of RA 11709 shall be governed by pertinent provisions of PD 1638 as amended PD 1908, and RA 8186 as amended as appropriate.

h. The Armed Forces of the Philippines Efficiency and Separation Board and General Court Martial shall dispose pending cases judiciously and expeditiously.

1.1.2. Purpose

This Implementing Rules and Regulations, hereinafter referred to as the IRR, is issued pursuant to Section 22 of Republic Act Number (RA) 11709 or "An Act Strengthening the Professionalism and Promoting the Continuity of Policies and Modernization Initiatives in the Armed Forces of the Philippines, by Prescribing Fixed Terms for Key Officers Thereof, Increasing the Mandatory Retirement Age of Generals/Flag Officers, Providing for a More Effective Attrition System, and Providing Funds Therefor," which directs the Department of National Defense to formulate the rules and regulations necessary to implement the provisions of the Act.

CHAPTER 2

Tour of Duty

ARTICLE 2.1. Tour of Duty of Key Officers. —

2.1.1. As implemented by this IRR, the following AFP Key Positions shall have a fixed tour of duty of three (3) consecutive years reckoned from the date the appointment is approved and signed, unless sooner terminated by the President as recommended by the SND:

a. Chief of Staff;

b. Vice Chief of Staff;

c. The Deputy Chief of Staff;

d. Commanding General, Philippine Army;

e. Commanding General, Philippine Air Force;

f. Flag Officer in Command, Philippine Navy;

g. Unified Command Commanders; and

h. The Inspector General, AFP.

2.1.2. The appointment of officers referred to in Section 2 and Section 3 of the Act shall mean designation to the position.

2.1.3. Officers mentioned in Articles 2.1.1.b to 2.1.1.h of this IRR shall not be eligible for any other position in the AFP unless promoted to the position of Chief of Staff.

2.1.4. Officers holding key positions with fixed tour of duty who resign prior to completion of their tenure in position shall be retired effective on the date of approval of their resignation.

ARTICLE 2.2. Tour of Duty of the Superintendent of the Philippine Military Academy (PMA). —

2.2.1. A General/Flag Officer of proven competence and academic excellence, based on the criteria set by the SND, shall be appointed as Superintendent, Philippine Military Academy (PMA) and shall be exempt from the application of the maximum tenure in grade defined under the Act.

2.2.2. The PMA Superintendent shall have the rank of Lieutenant General/Vice Admiral (O-9) and be given a tour of duty of four (4) years unless sooner terminated by the President upon the recommendation of the SND: Provided, That except for the position of Chief of Staff, the PMA Superintendent shall not be eligible for any other position in the AFP and shall be compulsorily retired after completion of the fixed tour of duty or upon relief from office: Provided, further, That no General/Flag Officer who is more than fifty-eight (58) years of age shall be appointed as PMA Superintendent.

2.2.3. A PMA Superintendent who resigns prior to completion of his tenure in position shall be retired effective on the date of approval of his resignation.

ARTICLE 2.3. Prohibition on the Extension of Tour of Duty. —

Except as provided for under Section 5 of the Act, no extension of tour of duty of the Key officers mentioned in Sections 2 and 3 shall be allowed.

ARTICLE 2.4. Tour of Duty of the Chief of Staff. —

2.4.1. The tour of duty of the Chief of Staff shall not exceed three (3) years. However, in times of war or other national emergency declared by Congress, the President may extend such tour of duty.

2.4.2. If no designation is made by the President after the end of the tour of duty of a Chief of Staff while war or national emergency is existing, the Vice Chief of Staff shall assume the position of Chief of Staff in an acting capacity until such time that the President shall have designated a Chief of Staff. Provided, That the acting designation shall not suspend nor alter his/her tenure in grade as the Vice Chief of Staff. DETACa

CHAPTER 3

Retirement

ARTICLE 3.1. Compulsory Retirement for Military Personnel. —

3.1.1. The following Officers of the AFP shall be compulsorily retired:

a. Those in the grades of Second Lieutenant/Ensign (O-1) to Colonel/Captain (O-6), upon reaching the age of fifty-six (56) or accumulation of thirty (30) years of satisfactory active duty, whichever is later.

b. Those in the grades of Brigadier General/Commodore (O-7) to Lieutenant General/Vice Admiral (O-9), upon reaching the age of fifty-nine (59) or the maximum tenure-in-grade as defined in this Act, whichever comes earlier. This provision shall apply to those Officers who will be promoted on or after July 1, 2022.

c. Those designated to key positions as defined in Section 2 of the Act who are promoted on or after July 1, 2022, upon completion of the fixed tour of duty, regardless of age, unless earlier relieved from post and is not designated to or occupying any position in the AFP Table of Organization.

d. Those who are currently occupying key positions as defined in Section 2 of the Act 11709 shall be compulsorily retired pursuant to the provisions of PD 1638, as amended, unless designated as Chief of Staff of the AFP.

e. Those commissioned under Presidential Decree No. 1908, (Medical Corps, Judge Advocate General Service, and Chaplain Service) and those appointed in the Corps of Professors upon reaching the age of sixty (60) or completion of twenty (20) years of satisfactory active duty, whichever comes later.

f. Officers commissioned under PD 1908 and those appointed in the Corps of Professors who are promoted to the grade of Brigadier General (O-7) after July 1, 2022 shall be compulsorily retired upon completion of the maximum tenure-in-grade as defined in the same Act or reaching the age of sixty (60), whichever is earlier.

3.1.2. Enlisted Personnel

An Enlisted Personnel shall be compulsorily retired upon accumulation of at least thirty (30) years of satisfactory active duty or upon reaching the age of fifty-six (56) years old, whichever comes later.

ARTICLE 3.2. Optional Retirement. —

3.2.1. Upon accumulation of at least twenty (20) years of satisfactory active duty, an officer or enlisted personnel may request to be retired from military service. The approving authorities for the optional retirement of Officers and Enlisted Personnel are as follows:

a. President — for Officers in the grades of O-6 and above;

b. Secretary of National Defense — for Officers in the grades of O-1 to O-5; and

c. Major Service Commanders — for Enlisted Personnel.

ARTICLE 3.3. Retirement Grade. —

Officers and enlisted personnel shall be retired one rank higher from the last rank held: Provided, That retirement benefits shall be based on the permanent grade last held: Provided, however, That this section shall only apply to those who will enter the AFP on or after July 1, 2022: Provided, further, That said retirees shall form part of the Reserve Force.

CHAPTER 4

Attrition System for the Personnel of the AFP

ARTICLE 4.1. Definition of Terms. —

As used in this IRR, the following terms shall have the meaning as hereunder defined:

a. Active Duty refers to the service or duty as a commissioned officer, enlisted personnel, cadet, probationary officer, trainee or draftee in the regular force of the AFP. For purposes of determining the number of years of cadetship to be credited as active duty, the training (local or foreign) shall be limited to four (4) years only.

b. Active Force consists of regular officers and enlisted personnel, reservists called to active duty, draftees, trainees and government sponsored Filipino cadets enrolled in local or foreign military schools. The size of the active force shall be prescribed by the Secretary of National Defense upon recommendation of the Chief of Staff, AFP, in time of peace.

c. Assignment refers to the unit or office of the AFP to which military personnel is assigned.

d. Deferment refers to the non-recommendation by the Promotion Board on account of the individual's own fault, failure, negligence or lack of individual merit/potential.

e. Designation refers to the position occupied by military personnel in a particular unit or office of the AFP.

f. Enlisted Personnel refer to members of the AFP with the rank of Private up to First Chief Master Sergeant or their equivalent in the other services. aDSIHc

g. Forced Attrition refers to a mode of attrition wherein an officer or enlisted personnel, who after having been considered for promotion to the next higher grade, failed to qualify on account of his/her own fault, failure or negligence, or lack of individual merit, or who has completed the maximum tenure-in-grade without being promoted, is subsequently separated or retired from military service.

h. Grade refers to the military rank of a commissioned officer or enlisted personnel. Commissioned officers, from the lowest to highest, are:

(1) Second Lieutenant/Ensign (PN);

(2) First Lieutenant/Lieutenant Junior Grade (PN);

(3) Captain/Lieutenant (PN);

(4) Major/Lieutenant Commander (PN);

(5) Lieutenant Colonel/Commander (PN);

(6) Colonel/Captain (PN);

(7) Brigadier General/Commodore (PN);

(8) Major General/Rear Admiral (PN);

(9) Lieutenant General/Vice Admiral (PN); and

(10) General/Admiral (PN).

Enlisted personnel, from lowest to highest, are:

(1) Private;

(2) Private First Class;

(3) Corporal;

(4) Sergeant;

(5) Staff Sergeant;

(6) Technical Sergeant;

(7) Master Sergeant;

(8) Senior Master Sergeant;

(9) Chief Master Sergeant; and

(10) First Chief Master Sergeant or their equivalent in the Philippine Navy and Philippine Air Force.

i. Officers refer to commissioned personnel in the Regular Force of the AFP.

j. Officer Grade Distribution refers to the allocation of percentage in the authorized number of officers in the active force in each grade and in each major and technical and administrative services ranked from the highest to the lowest.

k. Officer Rank refers to the official title of an officer occupying a certain grade in the respective service, in which the officer is commonly and officially addressed.

l. Primary Zone refers to officers who are on promotable status in the uppermost portion of the promotion list equivalent to the number of declared vacancies.

m. Procurement refers to the process of obtaining personnel through recruitment, selection, and appointment.

n. Table of Organization (TO) refers to that portion of the TOE which consists of the significant elements of the unit's organization and the total required personnel, both officers and enlisted, by grade. It prescribes the mission, organizational structure and personnel authorization of the AFP.

o. Table of Organization and Equipment (TOE) prescribes the mission, organizational structure, personnel and equipment authorization of a standard unit or as may be applicable to other units.

p. Tenure-In-Grade refers to the allowable or maximum year given to an Officer/Enlisted Personnel in a certain grade/rank.

ARTICLE 4.2. Forced Attrition of Officers. —

4.2.1. Officers who are subjected to forced attrition as defined in Article 4.1 (g) of this IRR shall be subsequently separated or retired from military service. In addition, officers with contractual service obligations who are recommended for separation on account of their own fault, failure or negligence, shall be required to refund the government the amount equivalent to the cost of training proportionate to the remaining period to be served as stipulated in the training contract. The amount equivalent to the cost of training proportionate to the remaining period to be served as stipulated in the training contract shall be determined by the AFP pursuant to its policies.

4.2.2. The following are the instances of forced attrition of officers:

a. Attrition by Non-Promotion

(1) Deferment of Promotion. — An officer in the grade of Second Lieutenant/Ensign (PN) whose promotion is deferred once shall be separated in the permanent grade the officer holds on the first day of the third month after the President shall have approved the promotion of officers recommended by the Selection Board which recommended the deferment of such an officer for the first time. ETHIDa

(2) Twice Deferment of Promotion. — An officer in the grade of First Lieutenant/Lieutenant Junior Grade (PN) to Lieutenant Colonel/Commander (PN) whose promotion to the next higher grade is deferred twice shall be separated in the permanent grade the officer holds on the first day of the third month after the President shall have approved the promotion of officers recommended by the Selection Board which recommended the deferment of the promotion of such officer for the second time. This subsection applies only to officers in the primary zone of consideration because they were considered or deliberated upon by the Selection Board but failed to qualify for promotion to the next higher grade.

(a) Non-recommendation for promotion for reasons not attributable to the officer's own fault, failure or negligence or lack of individual merit as determined by the concerned Selection Board shall not be considered as deferment of promotion and shall not be a ground for attrition by non-promotion.

(b) In the event that the effectivity of the twice deferment of an officer will commence on the date of his/her attainment of the maximum tenure in grade, the latter will prevail.

b. Maximum Tenure-in-Grade for Officers

(1) Generals/Flag Officers. — The new scheme on the maximum Tenure-in-Grade shall apply to Generals/Flag Officers who will be promoted/appointed on or after July 1, 2022.

 

Grade	Maximum Tenure-in-Grade
General/Admiral (O-10)	Three (3) years
Lieutenant General/Vice Admiral (O-9)	Three (3) years
Major General/Rear Admiral (O-8)	Three (3) years
Brigadier General/Commodore (O-7)	Three (3) years

 

(a) The maximum Tenure-in-Grade stipulated in Sec. 3 of RA 8186, as amended, shall apply to Generals/Flag Officers who will not be promoted after July 1, 2022.

(b) The Superintendent of PMA shall be exempt from the application of this provision and shall be retired upon completion of the fixed tour of duty.

(2) Officers

(a) The maximum tenure of officers in the grades of Colonel, Lieutenant Colonel, Major, and Captain, or their equivalents in the other services in the AFP, shall apply to those who will be promoted on or after July 1, 2022.

 

Grade	Maximum Tenure-in-Grade
Colonel/Captain (PN) (O-6)	Eight (8) years
Lieutenant Colonel/Commander (PN) (O-5)	Seven (7) years
Major/Lieutenant Commander (PN) (O-4)	Six (6) years
Captain/Lieutenant (PN) (O-3)	Six (6) years

 

(b) The maximum Tenure in Grade stipulated in RA 8186, as amended, and PD 1638, as amended, shall apply to officers who will not be promoted after July 1, 2022.

c. Low-Potentiality

An officer referred to and found by the AFP Efficiency and Separation Board as not fit for retention, lacking leadership skills, of doubtful integrity, or fails to demonstrate satisfactory performance may be separated from the military service subject to the approval of the President.

ARTICLE 4.3. Forced Attrition of Enlisted Personnel. —

a. Failure of Promotion

An enlisted personnel who fails to qualify or fails to satisfy any of the conditions for promotion to the next higher grade as determined by the appropriate Enlisted Personnel Promotion Board shall be referred to the concerned Review and Evaluation Board for evaluation and subsequent recommendation to the Major Service Commanders for attrition or retention. cSEDTC

b. Maximum Tenure-in-Grade for Enlisted Personnel

An enlisted personnel shall be separated or retired in accordance with the provisions of existing laws for failure to be promoted after having attained the maximum allowable tenure for the present grade, except if occupying a position calling for a higher grade in the AFP Table of Organization.

The new scheme of maximum Tenure-in-Grade shall be applied to enlisted personnel promoted/enlisted on or after July 1, 2022.

 

Grade	Maximum Tenure-in-Grade
First Chief Master Sergeant (E-10)	Three (3) years
Chief Master Sergeant (E-9)	Three (3) years
Senior Master Sergeant (E-8)	Three (3) years
Master Sergeant (E-7)	Three (3) years
Technical Sergeant (E-6)	Five (5) years
Staff Sergeant (E-5)	Five (5) years
Sergeant (E-4)	Four (4) years
Corporal (E-3)	Four (4) years
Private First Class (E-2)	Four (4) years
Private (E-1)	Four (4) years

 

c. Low Potentiality

An enlisted personnel who is referred to and found by the Enlisted Personnel Reenlistment Board as not fit for retention, complacent, lacking leadership skills, of doubtful integrity, or fails to demonstrate outstanding performance may be separated from the military service.

ARTICLE 4.4. Separation or Retirement from the AFP. —

Any officer or enlisted personnel who is removed from the AFP pursuant to the Act shall be either:

a. Separated, if one has rendered less than twenty (20) years of satisfactory active duty and shall receive separation benefits pursuant to law; or

b. Retired, if one has rendered at least twenty (20) years of satisfactory active duty and shall receive retirement benefits pursuant to law, unless the concerned service member is disqualified by law to receive such benefits.

CHAPTER 5

Procurement of Officers/Enlisted Personnel

ARTICLE 5.1. Age Requirement for Commission. —

5.1.1. All officers appointed to the Regular Force shall have an initial appointment in the grade of Second Lieutenant/Ensign (O-1) and shall not be less than twenty-one (21) but not more than twenty-eight (28) years old. The minimum and maximum age requirement herein provided shall mean not a day younger and not a day older, respectively, reckoned from the date of appointment/commission in the Regular Force, AFP.

5.1.2. The original appointment in the Nurse Corps and Medical Administrative Corps, and in the Dental Service and Veterinary Corps, shall be in the grade of Second Lieutenant (O-1) and First Lieutenant (O-2), respectively, from among applicants who at the time of appointment shall be at least twenty-one (21) but not more than thirty (30) years old.

5.1.3. Those commissioned under PD 1908, namely, the original appointments in the Judge Advocate General's Service, Medical Corps, and the Chaplain Service, and those appointed in the Corps of Professors, shall be not less than twenty-five (25) but not more than forty (40) years old at the time of appointment and shall be in the grade of Captain (O-3).

5.1.4. In accordance with the Act and other pertinent laws, rules and regulations, non-commissioned officers of the Regular Force of the AFP, who have shown outstanding ability, have rendered exceptional service and have shown potential to be an officer may be appointed in the grade of Second Lieutenant (O-1) in the Regular Force by the President upon recommendation of the Secretary of National Defense.

ARTICLE 5.2. Age Requirement for Enlistment. —

Enlisted personnel shall not be less than eighteen (18) nor more than twenty-six (26) years old at the time of enlistment: Provided, That the AFP may offer special enlistment to an individual whose technical or skills qualifications, including excellence in athletics, are highly desirable to the organization and who at the time of enlistment is not less than eighteen (18) or more than thirty-five (35) years old.

ARTICLE 5.3. Officer Grade Distribution. —

5.3.1. 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 AFP: Provided, That one (1) year after the approval of the 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:

a. One percent (1%) in the General/Flag Officer grade based on the total officer strength authorized for the AFP or zero point one per centum (0.1%) of the total troop strength authorized for the AFP, whichever is lower; SDAaTC

b. Six percent (6%) in the grade of Colonel/Captain (PN) based on the total officer strength authorized for the AFP;

c. Twelve percent (12%) in the grade of Lieutenant Colonel/Commander (PN) based on the total officer strength authorized for the AFP;

d. Eighteen percent (18%) in the grade of Major/Lieutenant Commander (PN) based on the total officer strength authorized for the AFP;

e. Twenty percent (20%) in the grade of Captain/Lieutenant (PN) based on the total officer strength authorized for the AFP; and

f. Forty-three percent (43%) in the grades of First Lieutenant/Lieutenant Junior Grade (PN) and Second Lieutenant/Ensign (PN) based on the total officer strength authorized for the AFP.

5.3.2. 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 as the Secretary of National Defense shall prescribe, subject to the condition that the schedule of percentages for each grade as herein prescribed shall not be exceeded.

5.3.3. Considerations in the determination of officer to enlisted personnel ratio. In determining 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.

5.3.4. Ratio for the Philippine Air Force and Navy. Considering the highly technical nature of the Philippine Air Force and the Philippine 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 to the Philippine Army.

5.3.5. Eligibility for Promotion to General/Flag Officer Grades in the Technical and Administrative Services. 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.

5.3.6. Promotion Quota for General/Flag Officers in the Inactive Force. That the quota limitation provided herein shall not apply in the promotion to the rank of General/Flag Officer of Reserve Officers in the inactive service.

5.3.7. 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.

CHAPTER 6

General Provisions

ARTICLE 6.1. Competitive Categories for Promotion. —

The AFP shall establish competitive categories for promotion. Each officer whose name appears on an active-duty list shall be carried in a competitive category of officers. Officers in the same competitive category shall compete among themselves for promotion.

ARTICLE 6.2. Officer Lineal List. —

6.2.1. There shall be only one seniority lineal list for the officers of each of the Major Service and each of the Technical and Administrative Service.

6.2.2. The following parameters shall be adopted:

a. For newly commissioned regular officers, their relative seniority will be based on their commission date notwithstanding their source of commission. For reserve officers who will be called to active duty, seniority will be based on the date of CAD.

b. For officers in the grades of O-2, O-3, O-4, O-5, and O-6, their relative seniority shall be based on the following in order of precedence pursuant to Sec. 3.d.3 of RA 291, as amended:

(1) Date of rank;

(2) Total active cumulative service reckoned from the date of OTD/CAD;

(3) Date of original appointment;

(4) Order of Merit upon Graduation; and

(5) Date of birth.

ARTICLE 6.3. Prohibited Appointment. —

No retired or resigned military officer may be appointed as Secretary of National Defense within one (1) year from the date of the officer's retirement or resignation.

ARTICLE 6.4. Annual Personnel Management Report. —

The AFP Chief of Staff shall submit to the Department of National Defense an accurate, comprehensive, and up-to-date Personnel Management Report, which shall include information on the number of military personnel, rank, place of designation, and list of attrited personnel, on an annual basis on or before the end of April of every year: Provided, That the Secretary of National Defense shall furnish a copy of the report to the Chairperson, Committee on Defense and Security, Peace, Unification, and Reconciliation of the Senate of the Philippines and the Chairperson, Committee on Defense and Security of the House of Representatives. The Personnel Management Report and any information contained therein shall be confidential in nature. acEHCD

CHAPTER 7

Miscellaneous Provisions

ARTICLE 7.1. Appropriations. —

The amount necessary for the effective implementation of the Act shall be charged to the appropriations of the Department of National Defense under the current General Appropriations Act. Thereafter, such sum necessary for its continued implementation shall be included in the annual General Appropriations Act.

ARTICLE 7.2. Construction and Interpretation. —

To protect the state policy and public interest as stated in Section 1 of the Act, the Act shall be given a liberal construction in favor of its provisions so as to further the accomplishment of its declared policies.

ARTICLE 7.3. Transitory Provisions. —

7.3.1. The AFP shall issue necessary rules, procedures and/or directives, to implement the provisions of this IRR.

7.3.2. This IRR shall provide for a systematic, methodical, and efficient transition to the new retirement and separation system provided for under the Act based on the following basic principles:

a. The fixed tour of duty provided herein shall apply to General/Flag Offices appointed by the President on or after July 1, 2022. Provided, that incumbent officers occupying key positions, identified in Sections 2b to 2h of the Act, shall be compulsorily retired pursuant to the provisions of PD 1638, as amended, unless said officer is appointed to the position of Chief of Staff;

b. The maximum tenure-in-grade shall only apply to officers and enlisted personnel promoted on or after July 1, 2022;

c. The transition system shall allow all officers and enlisted personnel an opportunity to compete for promotions and/or complete the requirements for retirement, as may be necessary; and

d. Full respect shall be given to the services of the officers and enlisted personnel, including the provision for adequate separation and/or retirement benefits as may be allowed by existing laws, rules and regulations.

7.3.3. Those in the grades of Brigadier General/Commodore (O-7) to Major General/Rear Admiral (O-8) promoted prior to July 1, 2022, unless promoted to the next higher rank/grade, shall be compulsorily retired pursuant to the provisions of Presidential Decree Number (PD) 1638, as amended; or upon completion of the maximum tenure in grade as prescribed in RA 8186, as amended, whichever comes earlier.

7.3.4. Officers commissioned under PD 1908 and those appointed in the Corps of Professors who were promoted before July 1, 2022, unless promoted to the next higher rank/grade, shall be compulsorily retired pursuant to the provisions of PD 1638, as amended; or upon completion of the maximum tenure in grade as prescribed in RA 8186, whichever comes earlier;

7.3.5. Officers in the rank of Colonel (O-6) commissioned under PD 1908 and appointed in the Corps of Professors who are not promoted to the grade of Brigadier General (O-7) shall be compulsorily retired upon reaching the age of sixty (60) or completion of twenty (20) years of satisfactory active duty, whichever is later; or upon attainment of the maximum tenure in grade, whichever comes earlier;

7.3.6. Officers occupying O-7 and up positions prior to July 1, 2022 shall be compulsorily retired pursuant to the provisions of PD 1638, as amended, unless promoted to the next higher rank.

ARTICLE 7.4. Review and Assessment. —

7.4.1. The Office for Human Resource (OHR), as lead, together with the Office for Financial Management (OFM), and the Office for Plans and Program (OPP), DND shall jointly oversee the monitoring of the implementation of the Act and the IRR as basis for amendments, review, and assessment.

7.4.2. The Department of National Defense, through OHR as lead office, shall conduct a systematic review, evaluation, and impact assessment of the Act within five (5) years of its effectivity. Said review shall include recommendations and courses of action.

7.4.3. The DND shall submit a report to the Chairperson of the Senate Committee on Defense and Security, Peace, Unification, and Reconciliation and the Chairperson of the House of Representatives Committee on Defense and Security within thirty (30) days after the conduct of said review and assessment.

ARTICLE 7.5. Amendment. —

7.5.1. This IRR may be amended by the Department of National Defense, and such amendments shall be valid and effective upon the filing thereof with the Office of the National Administrative Register (ONAR) of the UP Law Center.

7.5.2. Any amendment to these rules and regulations shall be applicable after effectivity of the said amendment.

ARTICLE 7.6. Separability Clause. —

If any provision of this IRR is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting. SDHTEC

ARTICLE 7.7. Repealing Clause. —

Subject to the provisions of Section 22 of the Act, the following laws or provisions of laws are hereby repealed or amended:

a. Sections 3 and 4 of Republic Act 8186, as amended, which provides for the Maximum Tenure-in-Grade and Maximum Tenure in Position are hereby repealed;

b. Section 4 of Presidential Decree No. 1638, which deals with optional retirement is hereby amended;

c. Section 5 (a) of Presidential Decree No. 1638, as amended by Presidential Decree No. 1650, which provides for the Compulsory Retirement for Military Personnel is hereby amended;

d. Sections 10, 11, and 12 of Presidential Decree No. 1638 are hereby repealed: Provided, That the last proviso of Section 10 shall remain in force and effect for purposes of implementation of Section 8 of the Act;

e. Section 9 of Presidential Decree No. 1638, which provides for retirement in the next higher grade is hereby amended;

f. Section 17 of Presidential Decree No. 1638, which provides for retirement benefits based on the next higher grade is hereby amended;

g. Section 1 of Republic Act No. 9188, with respect to Officer Grade Distribution is hereby amended;

h. Section 4 (b) and (c) of Republic Act No. 291, as amended, which provides for the age of commissionship is hereby amended;

i. Section 27 of Commonwealth Act No. 1, which provides for the age of enlistment is hereby amended; and

j. All laws, executive orders, or issuances, or any part thereof, which are inconsistent with, are hereby repealed, amended, or modified accordingly.

ARTICLE 7.8. Effectivity. —

This IRR shall take effect on July 1, 2022, after its publication in at least two (2) newspapers of general circulation, and filing a copy of the signed IRR to the ONAR of the UP Law Center.

(SGD.) DELFIN N. LORENZANASecretary