MALACAÑANG
M a n i l aPRESIDENTIAL DECREE No. 1650
AMENDING SECTIONS 3 AND 5 OF PRESIDENTIAL DECREE NO. 1638 ENTITLED "ESTABLISHING A NEW SYSTEM OF RETIREMENT AND SEPARATION FOR MILITARY PERSONNEL OF THE ARMED FORCES OF THE PHILIPPINES AND FOR OTHER PURPOSES"
WHEREAS, Presidential Decree No. 1638 was promulgated to improve and consolidate the various laws pertaining to the retirement of members of the Armed Forces of the Philippines;
WHEREAS, in the implementation of the AFP Military Personnel Retirement and Separation Decree of 1979, certain ambiguities were observed which may result in inequities and/or situational inconsistencies; and
WHEREAS, there is a cogent need to clarify such ambiguities in order to effectively attain the spirit and intent of the aforesaid Decree;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by virtue of the powers vested in me by the Constitution, do hereby order and decree:
Section 1. Section 3 of Presidential Decree No. 1638 is hereby amended to read as follows:
"Sec. 3. For the purpose of this Decree, active...
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Presidential Decrees
Amending Sections 3 And 5 Of Presidential Decree No. 1638 Entitled "Establishing A New System Of Retirement And Separation For Military Personnel Of The Armed Forces Of The Philippines And
Presidential Decree No. 1650
Summary of Presidential Decree No. 1650
Amending Sections 3 and 5 of Presidential Decree No. 1638 on Retirement and Separation for Military Personnel of the Armed Forces of the Philippines
• Definition of Active Service (Section 1, amending Section 3):
- Active service means service rendered as a commissioned officer, enlisted man, cadet, probationary officer, trainee or draftee in the Armed Forces of the Philippines.
- It also includes service rendered as a civilian official or employee in the Philippine Government prior to separation or retirement from the Armed Forces.
- For retirement purposes, at least 10 years of active service as an officer or enlisted man in the Armed Forces is required.
- No period of civilian government service longer than the active military service shall be credited for retirement.
• Compulsory Retirement (Section 2, amending Section 5):
- An officer or enlisted man shall be compulsorily retired upon attaining 56 years of age or upon accumulation of 30 years of satisfactory active service, whichever is later.
- Those who attain 56 years of age with at least 20 years of active service shall be allowed to complete 30 years of service but not beyond their 60th birthday.
- Those compulsorily retiring by age shall have at least 20 years of active service.
- Compulsory retirement of an officer serving in a statutory position shall be deferred until completion of the prescribed tour of duty.
- The President may extend the active service of military personnel if it is for the good of the service.
- Transitional provisions for compulsory retirement during the first 6 calendar years of the Decree's effectivity, based on additional periods of service ranging from 1 to 6 years, subject to age and service limits.
- Those who attained 56 years of age but have not completed 30 years of active service on the Decree's effectivity shall be allowed to complete 30 years but not beyond their 60th birthday, provided they have completed at least 15 years of active service.
Amending Sections 3 and 5 of Presidential Decree No. 1638 on Retirement and Separation for Military Personnel of the Armed Forces of the Philippines
• Definition of Active Service (Section 1, amending Section 3):
- Active service means service rendered as a commissioned officer, enlisted man, cadet, probationary officer, trainee or draftee in the Armed Forces of the Philippines.
- It also includes service rendered as a civilian official or employee in the Philippine Government prior to separation or retirement from the Armed Forces.
- For retirement purposes, at least 10 years of active service as an officer or enlisted man in the Armed Forces is required.
- No period of civilian government service longer than the active military service shall be credited for retirement.
• Compulsory Retirement (Section 2, amending Section 5):
- An officer or enlisted man shall be compulsorily retired upon attaining 56 years of age or upon accumulation of 30 years of satisfactory active service, whichever is later.
- Those who attain 56 years of age with at least 20 years of active service shall be allowed to complete 30 years of service but not beyond their 60th birthday.
- Those compulsorily retiring by age shall have at least 20 years of active service.
- Compulsory retirement of an officer serving in a statutory position shall be deferred until completion of the prescribed tour of duty.
- The President may extend the active service of military personnel if it is for the good of the service.
- Transitional provisions for compulsory retirement during the first 6 calendar years of the Decree's effectivity, based on additional periods of service ranging from 1 to 6 years, subject to age and service limits.
- Those who attained 56 years of age but have not completed 30 years of active service on the Decree's effectivity shall be allowed to complete 30 years but not beyond their 60th birthday, provided they have completed at least 15 years of active service.