AN ACT CREATING THE RANK OF FIRST CHIEF MASTER SERGEANT/FIRST MASTER CHIEF PETTY OFFICER IN THE ENLISTER RANKS OF THE ARMED FORCES OF THE PHILIPPINES (AFP)

Case Overview and Summary

Summary of Republic Act No. 9365

Declaration of Policy (Section 1):
- The State aims to continuously develop a professional armed forces.
- Career development and promotion systems shall be established to ensure career progression and provide appropriate career motivations for AFP personnel.

Creation and Distribution of New Rank (Section 2):
- The grade of First Chief Master Sergeant/First Master Chief Petty Officer (E-10) is created as part of the noncommissioned grades of the AFP.
- This rank shall be held by the AFP Sergeant Major.

Selection of AFP Sergeant Major (Section 3):
- The AFP Sergeant Major shall be selected from among the Chief Master Sergeants/Master Chief Petty Officers, following rules prescribed by the Chief of Staff, AFP.
- The AFP Sergeant Major may serve for a maximum term of three years, unless terminated earlier for cause by the Chief of Staff, AFP.
- No person shall be appointed as AFP Sergeant Major if they have less than one year of active service remaining before reaching the compulsory retirement age.

Compensation (Section 4):
- A First Chief Master Sergeant/First Master Chief Petty Officer shall receive a monthly base pay equivalent to Salary Grade 19.

Retirement and Separation (Section 5):
- Enlisted personnel who attain the rank of First Chief Master Sergeant/First Master Chief Petty Officer shall be retired with the rank of Second Lieutenant/Ensign.
- However, they shall receive the retirement pay and benefits of a First Lieutenant/Lieutenant Junior Grade (O-2).

Appropriations (Section 6):
- The initial implementation costs shall be charged against available appropriations of the AFP under the current General Appropriations Act.
- Subsequent costs shall be included in the annual General Appropriations Act.

Implementing Rules and Regulations (Section 7):
- The Secretary of National Defense shall promulgate the necessary rules and regulations for the effective implementation of this Act within ninety (90) days after its approval.

Repealing Clause (Section 8):
- All laws, rules, regulations, orders, circulars, and memoranda inconsistent with this Act are hereby repealed or modified accordingly.

Effectivity (Section 9):
- This Act shall take effect fifteen (15) days upon approval.