Implementing Rules and Regulations to Executive Order No. 98, Providing Guidelines on the Detail of Personnel of the AFP and the PNP to Civilian Offices and Officials, and Repealing EO Nos. 41 (s-1966) and 207 (s-2016) for the Purpose

December 27, 2019

DND DEPARTMENT CIRCULAR NO. 28-19

 

SECTION 1. Purpose. —

This Circular shall cover the implementing rules and regulations governing the detail of military personnel of the Armed Forces of the Philippines to government civilian offices and officials.

SECTION 2. Definition of Terms. —

a. Aide-de-Camp — a commissioned officer of the AFP, in the active service, selected for the purpose of providing general assistance to entitled government officials and foreign military or civilian dignitaries.

b. Military Assistant — a commissioned officer of the AFP with a field grade rank in the active service, or in the appropriate rank of Technical Service of the AFP, detailed to a government civilian office and/or official for the purpose of rendering professional/technical advice and assistance on military matters;

c. Military Administrative Assistant — a non-commissioned officer of the AFP with the rank of Staff Sergeant, Technical Sergeant and Master Sergeant, or its equivalent in the Philippine Navy, in the active service of the AFP, detailed to a government civilian office and/or official for the purpose of rendering administrative assistance on military matters; and

d. Protective Security — a personnel of the PNP, primarily from the PSPG, detailed to civilian government offices, officials or individuals for the purpose of providing security and ensuring their safety.

SECTION 3. Military Detail. — The following are entitled to the detail of military personnel:

a. Aide-de-Camp

1) The President, in such number and of such grades as he or she may determine;

2) The Vice-President, visiting foreign military or civilian dignitaries, in such number and of such grades as the Secretary of National Defense (SND) may determine;

3) The Secretary of National Defense, in such number and of such grades as he or she may determine; and

b. Military Assistant

1) The President, in such number and of such grades as he or she may determine;

2) The Vice-President, the Senate President, the Speaker of the House of Representatives, the Executive Secretary, the Chairperson of the Senate Committee on National Defense and Security, the Chairperson of the House Committee on National Defense and Security, the National Security Adviser, the Director General of the National Intelligence Coordinating Agency, in such number and of such grades as may be determined and approved by the Secretary of National Defense; and

3) Other government civilian offices and officials as may be determined and approved by the Secretary of National Defense, as listed in the Annex to this Circular.

c. Military Administrative Assistant

1) The President of the Philippines shall have such Military Administrative Assistants as he or she may determine.

2) The government civilian offices and officials mentioned under a.2), a.3) and b.2) and b.3) of Section 3 may be entitled to Military Administrative Assistants as may be determined and approved by the Secretary of the National Defense.

Refer to the attached Annex for the maximum number of Military Assistants and Military Administrative Assistants that may be detailed to other government civilian officials and civilian offices to in sub-para b.3) and c.2) of Section 3.

SECTION 4. Restrictions on the Detail of Military Personnel. —

a. No military personnel shall be detailed to other government officials other than those enumerated in Section 3 of this Circular.

b. No military personnel shall be detailed or assigned to a private individual for the purpose of rendering professional/technical advice and assistance on military matters or rendering administrative assistance on military matters, unless such detail or assignment is approved by the President, upon the recommendation of the Secretary of National Defense.

SECTION 5. Protective Security. —

Requests for the provision of security detail by government officials and private individuals shall be referred to the Department of the Interior and Local Government through the Philippine National Police.

SECTION 6. Entitlement of Former Presidents. —

a) Former Presidents shall be entitled to Military Assistants, Military Administrative Assistants and/or Protective Security, in such combination as he or she may determine, but in no case exceeding twelve (12) personnel.

b) The spouse or widow/er, as the case may be, of former Presidents or their identified next of kin, shall be entitled to Military Administrative Assistants and/or Protective Security, in such combination as the entitled individual may determine; but in no case exceeding six (6) personnel.

c) All requests for Military Assistant and/or Military Administrative Assistant shall be accompanied by a certification from the Philippine National Police of the number of Protective Security already availed of.

SECTION 7. Approving Authority. —

Except for the detail of military personnel to the President, all initial detail of military personnel to government civilian offices and/or officials, extensions of the period thereof, and then termination of such detail, shall be upon evaluation and recommendation of the Chief of Staff, AFP and approval of the Secretary of National Defense.

SECTION 8. Duration. —

Taking into consideration the professional growth of the personnel concerned, the initial detail of military personnel shall be for a period of one (1) year, unless earlier terminated. For exceptional and highly justifiable reasons, such detail may be extended for a maximum period of three (3) years. The separation from office of the entitled government official automatically terminates the detail of the concerned military personnel.

SECTION 9. Exclusion. —

This Circular shall not apply to the detail of military personnel to Philippine diplomatic missions abroad, and those under the Presidential Security Group.

SECTION 10. Repeal. —

Implementing Rules and Regulations, or DND and GHQ Circulars, Implementing EO No. 41 and EO No. 207 are hereby repealed. All other issuances, or parts thereof, inconsistent with this Circular are hereby repealed or modified accordingly.

SECTION 11. Separability. —

Should any provision of EO No. 98 and this Circular be declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

SECTION 12. Transitory Provision. —

This Circular shall not affect existing or ongoing tours of duty of detailed personnel. However, requests for extension of these existing detail or personnel shall be governed by this Circular. DETACa

SECTION 13. Submission of Reports. —

The DCS for Personnel, J1 shall regularly submit a quarterly report to this Department (Attention: Office of the Assistant Secretary for Human Resource) on the list of military personnel placed on detail outside of the AFP.

SECTION 14. Penalty. —

Commanders of AFP units who are found to have not complied with the provisions of Circular shall be dealt with severely, in accordance with existing laws, rules and regulations.

SECTION 15. Effectivity. — This Circular shall take effect immediately.

(SGD.) DELFIN N. LORENZANA

Secretary

ANNEX

 

Government Civilian Officials/Offices	Military Assistant	Military Administrative Assistant
Former Vice Presidents	1	2
JUSMAG	1	6
National Coast Watch Council Secretariat	2	0
Cabinet Cluster on Security, Justice and Peace, Office of the President	1	0
Office of the Presidential Adviser for Military Affairs	3	6
Office of the Senior Military Adviser (OSMA), Office of the President	1	2
National Security Council-Crisis Management Support Secretariat	2	6
National Intelligence Coordinating Agency	1	2
Office of the Presidential Adviser on the Peace Process	1	2
Housing and Urban Development Coordinating Council (HUDCC), Office of the President	1	2
Office of the Special Envoy on Transnational Crime, Office of the President	1	1
Philippine Center on Transnational Crime, Office of the President	1	1
Office of the Ombudsman	1	2
National Task Force-Ending Local Communist Armed Conflict (NTF-ELCAC)	1	2
Visiting Forces Agreement, Office of the President	1	2
Department of the Interior and Local Government	2	4
Department of Finance	1	2
Department of Energy	1	1
Department of Budget and Management	1	2
Department of Science and Technology	1	2
Bureau of Customs	1	3

 

Executive Order No. 98