Prescribing Regulations Governing the Discharge Or Separation By Administrative Action of Officers of the Regular Force and Reserve Officers on Extended Tour of Active Duty in the Armed Forces of the Philippines

Case Overview and Summary

EXECUTIVE ORDER NO. 337

Prescribing Regulations Governing the Discharge or Separation by Administrative Action of Officers of the Regular Force and Reserve Officers on Extended Tour of Active Duty in the Armed Forces of the Philippines

• Discharge or Separation from the Service:
    - Officers shall be discharged or separated only upon the President's approval, unless otherwise provided by law. (Section 1)
    - When an officer commits misconduct warranting discharge or separation, their name and record shall be referred to the appropriate Efficiency and Separation Board to determine suitability for retention. (Section 2a)
    - The Chief of Staff and Major Service Commanders shall review officers' records and refer those who failed to demonstrate satisfactory qualifications to the Board. (Section 2b)
    - If separation is mandatory under Republic Act No. 291, the Board shall determine if it's due to misconduct, willful failure to perform duties, intemperate use of drugs or alcohol, or vicious or immoral habits. (Section 2c)
    - Officers discharged or separated for reasons other than misconduct shall be entitled to gratuity, pension, separation pay, or retirement benefits as authorized by law. (Section 3)

• Efficiency and Separation Boards:
    - Boards shall be established for the General Headquarters and each Major Service, with 5-7 members appointed by the Secretary of National Defense, including a Judge Advocate General's Service member. (Section 4a, 4b)
    - Board members shall serve for 2 years and take an oath before assuming duties. (Section 4c)
    - A Secretary, Prosecuting Officer, and Military Counsel shall be designated to support the Board's proceedings. (Section 5)
    - Each Board has jurisdiction over officers assigned to its respective Major Service or General Headquarters. (Section 6)
    - The Board shall act expeditiously, avoiding technicalities, and maintain confidentiality. Decisions shall be reached by majority vote. (Section 7)
    - The Board shall weigh an officer's proficiency, experience, accomplishments, attitude, ability, character, and value to the service, giving due weight to Selection Board findings under Republic Act No. 291. (Section 8)
    - Officers under consideration shall be notified, allowed counsel, and given the opportunity to present evidence and refute charges. (Section 9)
    - The Board shall recommend retention or separation, specifying the basis under Section 2. (Section 10)
    - Recommendations for separation or non-concurred retention shall be forwarded to the President through the Secretary of National Defense for final decision. (Section 11a)
    - The Commander may remand cases for further action or proceedings. (Section 11b)
    - The report shall specify the provisions under Section 2 and other pertinent matters. (Section 11c)
    - If separation is not due to misconduct, and the officer is eligible, the Board shall recommend retirement under the AFP Retirement Law. (Section 11d)

• Miscellaneous:
    - The Secretary of National Defense shall promulgate necessary rules and regulations. (Section 12)
    - Executive Order No. 475 is rescinded, and pending cases shall be transferred to the appropriate Major Service Command Board, except where substantial evidence has been presented. (Section 13)