MALACAÑAN PALACE MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ EXECUTIVE ORDER NO. 601, June 26, 1953 ]
PRESCRIBING RULES AND REGULATIONS FOR THE APPOINTMENT OF RESERVE OFFICERS IN THE REGULAR FORCE, ARMED FORCES OF THE PHILIPPINES
WHEREAS, Republic Act 645 empowers the President within a period of three years from July 1, 1952, to appoint and commission reserve officers in the Regular Force of the Armed Forces of the Philippines, the number of appointees not to exceed one hundred and fifty officers in the first year, and not to exceed fifty officers yearly in the next two years, and to prescribe rules and regulations therefor; and
WHEREAS, it is for the best interest of the military service that appointments and commissions under Republic Act No. 645 be made on a fair and equitable basis with due regard to the situation of reserve officers’ who have demonstrated their fitness to hold commissions in the Regular Force, as well as to the necessity of insuring that officers now in the Regular Force will be afforded reasonable security;
NOW, THEREFORE, I, ELPIDIO QUIRINO, President of the Philippines, pursuant to the authority vested in me by Republic Act No. 645, do hereby prescribe the following rules and regulations to govern the appointment and commission of reserve officers in the Regular Force:
Section 1. The appointment and commission of reserve officers in the Regular Force under authority of Republic Act No. 645 shall’ be subject to the qualifications, conditions and limitations herein set forth.
Section 2. Appointments and commissions in the Regular Force under Republic Act No. 645 and this Order shall be in the grades of first lieutenant, captain and major, and equivalent grades in the Navy. The Chief of Staff, Armed Forces of the Philippines, shall determine the number of officers to be appointed and commissioned in the various grades and their allocation to the several services, arms, or branches of the Regular Force: Provided, That the total number of reserve officers appointed and commissioned in the Regular Force shall not exceed one hundred and fifty for the First Period from July 1, 1952, to June 30, 1953; shall not exceed fifty for the Second Period from July 1, 1953, to June 30, 1954; and shall not exceed fifty for the Third Period from July 1, 1954, to June 30, 1955.
Section 3. To be eligible for appointment and commission in the Regular Force, any reserve officer must:
a. Be a citizen of the Philippines, of good moral character and physically fit for general military service.
b. On July 1st of the period (as specified in section 2 of this Order) of his appointment and commission in the Regular Force, have rendered at least two years of active commissioned service as a commissioned officer in the case of officers appointed and commissioned in the Medical Corps, the Dental Corps, and the Judge Advocate (General’s Service, or at least four years of active commissioned service as a commissioned officer in the case of officers appointed and commissioned in all other branches of the service, in any of the Armed Forces of the Philippines, or in any guerrilla unit recognized as a component thereof, or prior to July 4, 1946, in any of the Armed Forces of the United States.
Section 4. Reserve Officers appointed and commissioned in the Regular Force under authority of Republic Act No. 645 and this Order shall be inserted in the applicable Regular Force promotion list in accordance with their total period of active commissioned service on May 28, 1952 (except as herein specified otherwise) in any of the Armed Forces of the Philippines, or in a guerrilla unit duly recognized as a component thereof, or prior to July 4, 1946, in any of the Armed Forces of the United States: Provided, That one-half of the total length of service rendered by an Air Force officer as a flying cadet on or after December 8, 1941, up to and including July 4, 1946, shall be considered and credited as active commissioned service.
Section 5. a. Reserve Officers appointed and commissioned in the Regular Force (except those appointed in the Air Force, the Navy, the Judge Advocate General’s Service, the Medical Corps, the Dental Corps, the Veterinary Corps, the Chaplain Service, or the Nurse Corps) shall be inserted in the Regular Force promotion list as follows:
(1) Those with sixteen or more years of active commissioned service on May 28, 1952, shall be placed below the officers previously placed at the bottom of officers who were graduated from the Philippine Military Academy in 1938 and below all other officers (not graduates of the Academy) who follow immediately Academy graduates of that year, in accordance with the provisions of Republic Act. No. 207, Republic Act No. 573 and Executive Order No. 242, series 1949, as amended.
(2) Those with fifteen but less than sixteen years of active commissioned service on May 28, 1952, shall be placed below the officers previously placed immediately above the list of officers who were graduated from the Philippine Military Academy in 1940, in accordance with the provisions of Republic Act No. 207, Republic Act No. 573, and Executive Order No. 242, series 1949, as amended.
(3) Those with fourteen or more but less than fifteen years of active commissioned service on May 28, 1952, shall be placed below the officers previously placed at the bottom of the list of officers who were graduated from the Philippine Military Academy in 1940 and below all other officers (not graduates of the Academy) who follow immediately the Academy graduates of that year in the said list, in accordance with the provisions of Republic Act No. 207, Republic Act No. 573 and Executive Order No. 242, series 1949, as amended.
(4) Those with thirteen or more but less than fourteen years of active commissioned service on May 28, 1952, shall be placed below the officers previously placed at the bottom of the list of officers who Were graduated from the Philippine Military Academy in 1941 and below all other officers (not graduates of the Academy) who follow immediately the Academy graduates of that year in the said list, in accordance with the provisions of Republic Act No. 207, Republic Act No. 573 and Executive Order No. 242, series 1949, as amended.
(5) Those with, twelve or more but less than thirteen years of active commissioned service on May 28 1952, shall be placed below the officers .previously placed at the bottom of the list, of regular officers who would have: been graduated from the Philippine Military Academy in 1942, in accordance with the provisions of Republic Act No, 207, Republic Act No. 573 and Executive Order No. 242, series 1949, as amended.
(6) Those with eleven or more but less than twelve years of active commissioned service on May 28, 1952, shall be placed below the officers previously placed at the bottom of the list of regular officers who would have been graduated from the Philippine Military Academy in 943, in accordance with the provisions of Republic Act No, 207, Republic Act No. 573 and Executive Order No. 242, series 1949, as amended.
(7) Those with ten or more but less than eleven years of active commissioned service, on May 28, 1952, shall be placed below the officers previously placed below the list of regular officers who would have been’ graduated from the Philippine Military Academy in 1944, in accordance with the provisions of Republic Act No. 207, Republic Act No. 573 and Executive Order No. 242, series 1949, as amended.
(8) Those with nine or more but less than ten years of active commissioned service on May 28, 1952, shall be placed below the officers who had at least five years of active commissioned service on May 28, 1948, and were previously placed below the list of regular officers who would have been graduated from the Philippine Military Academy in 1945, in accordance with the provisions; of Republic Act No. 207, Republic Act No. 573 and Executive Order No. 242, series 1949, as amended.
(9) Those with eight or more but less than nine years of active commissioned service on May 28, 1952, shall be placed below the officers who had at least four years of active commissioned service on May 28, 1948, and were previously placed below the list of regular officers who would have been graduated from the Philippine Military Academy in 1945, in accordance with the provisions of Republic Act No. 207, Republic Act No. 573 and Executive Order. No. 242, series 1949, as amended.
(10) Those with six or more but less than eight years of active commissioned service on May 28, 1952, shall be placed at the bottom of the promotion list for first lieutenants in effect on May 28, 1950.
(11) Those with four or more but less than six years of active commissioned service on May 28, 1952, shall be placed at the bottom of the promotion list for first lieutenants in effect on May 28, 1952.
(12) Those who do not qualify under any of the categories .mentioned in sub-paragraphs (1) to (11.) of this paragraph but who have at least four years of active commissioned service on July 1st prior to the period (as specified in Section 2 of this Order) in which they are appointed shall be placed at the bottom of the promotion list for first lieutenants in effect on the date of their appointment.
b. Reserve officers appointed and commissioned in the Regular Force in the Air Force shall be inserted in the promotion list for the Air Force as follows:
(1) Those with eight or more years of active commissioned service on May 28, 1952 shall be inserted among the officers who were appointed and commissioned in the Regular Force in accordance with the provisions of Republic Act No. 207, Republic Act No. 573 and Executive Order No. 242. Such insertion will be on the basis of their respective lengths of active commissioned service:Provided, That where the lengths of active commissioned service are the same, the officer appointed in the Regular Force in accordance with the provisions of Republic Act No. 207, Republic Act No. 573 and Executive Order No. 242 shall be senior to the officer appointed in the Regular Force in accordance with the provisions’ of Republic Act No. 645 and this Order: And provided, further, That notwithstanding the immediately preceding qualifying proviso, the rated airplane pilot shall be senior to a non-pilot where both have identical commissioned service.
(2) Those with at least six but less than eight years of active commissioned service on May 28; 1952, shall be placed at the bottom of the promotion list for first lieutenants in effect on May 28, 1950.
(3) Those with four or more but less than six years of active commissioned service on May 28, 1952, shall be placed at the bottom of the promotion list for first lieutenants in effect on May 28, 1952.
(4) Those who do not qualify under any of the categories mentioned in sub-paragraphs (1) and (3) of this paragraph, but who have at least four years of active commissioned service on July 1st prior to the period (as specified in Section 2 of this Order) in which they are appointed shall be placed at the bottom of the promotion list for first lieutenants in effect on the date of their appointment.
c. Reserve officers appointed, and commissioned in the Regular Force in the Navy shall be inserted in the Regular Force promotion list for the Navy as follows:
(1) Those with fifteen or more, years of active commissioned service on May 28, 1952, shall be placed below the officers previously appointed and commissioned in the Regular Force in the grade of lieutenant commander in accordance with the provisions of Republic Act No. 207, Republic Act No. 573 and Executive Order No. 242, series. 1949, as amended;
(2) Those with fourteen or more but less than fifteen years: of active commissioned service on May 28, 1952, shall be placed below the officers who had at least ten year of active commissioned service on May 28 1948, and were previously appointed and commissioned in the Regular Force in the grade of lieutenant in accordance with the provisions of Republic Act No. 207, Republic Act No. 573 and Executive Order No. 242, series 1949, as amended.
(3) Those with thirteen or more but less than fourteen years of active commissioned service on May 28, 1952, shall be placed below the officers who had at least nine years of active commissioned service on May 28, 1948, and were previously appointed and commissioned in the Regular Force in the grade of lieutenant in accordance with the provisions of Republic Act No. 207, Republic Act No. 573 and Executive Order No. 242, series 1949, as amended.
(4) Those with twelve or more but less than thirteen years of active commissioned service on May 28, 1952, shall be placed below officers who had at least eight years of active commissioned service on May 28, 1948, and were previously appointed and commissioned in the Regular Force in the grade of lieutenant in accordance with the provisions of Republic Act No. 207, Republic Act No, 573 and Executive Order No. 242, series 1949, as amended.
(5) Those with eleven or more but less than twelve years of active commissioned service on May 28, 1952, shall be placed below the officers who had at least seven years of active commissioned service on May 28, 1948, and were previously appointed and commissioned in the grade of lieutenant in accordance with the provisions of Republic Act No. 207, Republic Act No. 573 and Executive Order No. 242, series 1949, as amended.
(6) Those with ten or more but less than eleven years of active commissioned service on May 28, 1952, shall be placed below the officers who had at least six years of active commissioned service on May 28, 1948, and were previously appointed and commissioned in the Regular Force in the grade of lieutenant junior grade in accordance with the provisions of Republic Act No. 207, Republic Act No. 573 and Executive Order No. 242, series 1949, as amended.
(7) Those with nine or more but less than ten years of active commissioned service on May. 28, 1952, shall be placed, below the officers who had at least five years of active commissioned service on May 28, 1948, and were previously appointed and commissioned in the Regular Force in the grade of lieutenant junior grade in accordance with the provisions of Republic Act No. 207, Republic Act No. 573 and Executive Order No. 242, series 1949, as amended.
(8) Those with eight or more but less than nine years of active commissioned service on May 23, 1952, shall be placed below the officers who had at least four years of active commissioned service on May 28, 1948, and were previously appointed and commissioned in the Regular Force in the grade of lieutenant junior grade in accordance with the provisions of Republic Act No. 207, Republic Act No. 573 and Executive Order No. 242, series 1949, as amended.
(9) Those with six or more but less than eight years of active commissioned service on May 28, 1952, shall be placed at the bottom of the promotion list for lieutenant junior grade in effect on May 28, 1950.
(10) Those with four or more but less than six years of active .commissioned service on May 28, 1952, shall be placed at the bottom of the promotion list for lieutenants junior grade in effect en May 28, 1952.
(11) Those who do not qualify under any of the categories mentioned in sub-paragraphs (1) to (10) above but who have at least four years of active commissioned service on July 1st prior to the period (as specified in Section 2 of this Order) in which they are appointed shall be placed at the bottom of the promotion list for lieutenants junior grade in effect on the date of their appointment.
d. Reserve officers appointed one commissioned into the Regular Force in the Judge Advocate General’s Service, the Medical Corps, the Dental Corps shall be inserted in the appropriate promotion list for regular officers as follows:
(1) Those with fourteen or more years of active commissioned service on May 28, 1952, shall be placed below the officers previously appointed and commissioned in the Regular Force in the grade of major in accordance with the provisions of Republic Act No. 207, Republic Act No. 573 and Executive Order No. 242, series 1949, as amended.
(2) Those with thirteen or more but less than fourteen years of active commissioned service on May 28, 1952, shall be placed below the officers who had at least nine years of active commissioned service on May 28, 1948, and were previously appointed and commissioned in the Regular Force in the grade of captain in accordance with the provisions of Republic Act No. 207, Republic Act No. 573 and Executive Order No. 242rseries 1949, as amended.
(3) Those with twelve or more but less than thirteen years of active commissioned, service on May 28, 1952, shall be placed below the officers who had at least eight years of active commissioned service on May 28, 1948, and were previously appointed and commissioned in the Regular Force in the grade of captain in accordance with the provisions of Republic. Act No. 207, Republic Act No. 573 and Executive Order No. 242, series 1949, as amended.
(4) Those with eleven or more, but less than twelve years of active commissioned service on May 28, 1952, shall be placed below the officers who had at least seven years of active commissioned service on May 28, 1948, and were previously appointed and commissioned in the Regular Force in the grade of captain in accordance with the provisions of Republic Act No. 207, Republic Act No. 573 and Executive Order No. 242, series 1949, as amended.
(5) Those with ten or more but less than eleven years of active commissioned service on May 28, 1S52, shall be placed below the officers who had at least six years of active commissioned service on May 28, 1948, and were previously appointed and commissioned in the Regular Force in the grade of first lieutenant in accordance with the provisions of Republic Act No. 207, Republic Act No. 573 and Executive Order No. 242, series 1949, as amended.
(6) Those with nine or more but less than ten years of active commissioned service or. May 28, 1952, shall be placed below the officers who had at least five years of active commissioned service .on May 28, 1948, and were previously appointed and commissioned in the Regular Force in the grade of first lieutenant in accordance with the provisions of Republic Act No. 207, Republic Act No. 573 and Executive Order No. 242, series 1949, as amended.
(7) Those with eight or more but less than nine years of active commissioned service on May 28, 1952, shall be placed below the officers who had at least four years of active commissioned service on May 28, 1948, and were previously appointed and commissioned in the Regular Force in the grade of first lieutenant in accordance with the provisions of Republic Act No. 207, Republic Act No. 573, and Executive Order No. 242, series 1949, as amended.
(8) Those with seven or more but less than eight years of active commissioned service on May 28, 1952, shall be placed below the officers who had at least three years of active commissioned service on May 28, 1948, and were previously appointed and commissioned in the Regular Force in the grade of first lieutenant in accordance with the provisions of Republic Act No; 207, Republic Act No. 573 and Executive Order No. 242, series 1949, as amended.
(9) Those with six or more but less than seven years of active commissioned service on May. 28, 1952, shall be placed below the officers who had at least two years of active commissioned service on May 28, 1948, and were previously appointed and commissioned in. the Regular
Force in the grade of first lieutenant in accordance with the provisions of Republic Act No. 207, Republic Act No. 573 and Executive Order No. 242, series 1949, as amended.
(10) Those with five or more but less than six years of active commissioned service on May 28, 1952, shall be placed below the officers who had at least one year of active commissioned service on May 28, 1948, and were previously appointed and commissioned in the Regular Force in the grade of first lieutenant in accordance with the provisions of Republic Act No. 207, Republic Act No. 573 and Executive Order No. 242, series of 1949, as amended.
(11) Those with four years or more but less than five years of active commissioned service on May 28, 1952, shall be placed at the bottom of the appropriate promotion list for first lieutenants in effect on May 28, 1952.
(12) Those who do not qualify under any of the categories mentioned in sub-paragraphs (1) to (11) of this paragraph but who have at least two years of active commissioned service on July 1st prior to the period (as specified in Section 2 of this Order) in which they are appointed shall be placed at the bottom of the appropriate promotion list for first lieutenants in effect on the date of their appointment.’
e. Reserve officers appointed and commissioned in the Regular Force in the Veterinary Corps, the Nurse Corps and the Chaplain Service (should legislation establishing this as a regular service in the Armed Forces of the Philippines be approved during the effectivity of this Executive Order) with fourteen or more years of active commissioned service on May 28, 1952, shall be appointed in the grade of major; those with seven or more but less than, fourteen years of active commissioned service on May 28, 1952, shall be appointed in the grade of captain those with four or more but less than seven years’ of active commissioned service on May 28, 1952, and those with at least four years of active commissioned service on July 1st prior to the period (as specified in Section 2 of this Order) shall be appointed in the grade of first lieutenant.
f. Reserve officers appointed and commissioned in the Regular Force for the Second Period and Third Period, as specified in Section 2 of this Order, shall be inserted in the appropriate Regular Force promotion list in accordance with the provisions of the proper paragraph and sub-paragraph of this section: Provided, That the officers appointed for the Second Period shall be placed, accordingly, below the officers previously, appointed for the First Period, and the officers appointed for the Third Period shall be placed, accordingly, below the officers previously appointed for the Second Period.
Section 6. Any reserve officer appointed and commissioned in the Regular Force and inserted in the. applicable list as prescribed in Section 5 of this Order (except those appointed and commissioned in. the Veterinary Corps, the Nurse Corps and the Chaplain Service) shall be appointed in the grade equal to the grade of the officer above whom he is placed: Provided, That the grade of the officer above whom he is placed be second lieutenant, he shall be appointed in the grade of first lieutenant.
Section 7. a. Seniority among officers appointed and commissioned in the Regular Force (except officers appointed and commissioned in the Regular Force in the Air Force) in each of the periods mentioned in Section 2 of this Order under authority of Republic. Act No. 645 and this Order shall be determined by the active commissioned service in the Armed Forces of the Philippines. In case of identical service, order of rank shall Joe determined by seniority in age. Where both length of active commissioned service and age are identical order of rank shall be determined by the officers’ educational and military preparation: Provided, That the seniority among officers appointed and commissioned in the Regular Force in the Navy who have identical commissioned service and who were classmates in the Off-shore Patrol School or in the Naval Training Center shall be determined by the class standing upon their graduation from such school or center.
b. Seniority among officers appointed and commissioned in the Regular Force in the Air Force in each of the periods mentioned in Section 2 of this Order under of Republic Act No. 645 and this Order shall be determined by the active commissioned service in the Armed Forces of the Philippines. In case of identical service, the rated airplane pilot shall be senior to a non-pilot. Where both are pilots or where both are non-pilots and of identical service, the order of ranks shall be determined by the officers’ educational and military preparation: Provided, That, in all the above cases the seniority among officers appointed and commissioned in the Regular Force in the Air Force who are pilots, who have identical commissioned service, and who were classmates as aviation cadets in the Philippine Army Flying School or the Philippine Air Force Pilot School shall be determined by the class standing upon their graduation from such school.
c. The provisions of paragraphs w and 6 of this section notwithstanding, no reserve officer appointed and commissioned in the Regular Force by virtue of Republic Act No. 645 and this Order shall be senior to any other officer previously appointed and commissioned in the Regular
Force by virtue of Republic Act No. 207, Republic Act No. 573 and Executive Order No. 242, series 1949, as amended, and of Republic Act No. 645 and this Order, who, on the date of such appointment and commission in the Regular Force, shall have an equal or a longer period of active commissioned service.
Section 8. The provisions of Sections 5, 6, and 7 of this Order notwithstanding, no reserve officer appointed and commissioned in the Regular Force by virtue of Republic Act No. 645 and this Order who was formerly a cadet at, but was not graduated from, the Philippine Military Academy shall be senior to any of his classmates who was graduated from the Academy; nor shall any reserve officer appointed and commissioned in the Regular. Force in the Air Force by virtue of Republic Act No. 645 and this Order who was formerly an aviation cadet at, but was not graduated from, the Philippine Army Flying School or the Philippine Air Force Pilot Schools be senior to any of his classmates who was graduated from the Flying School of the Pilot Schools.
Section 9. All appointments made pursuant to Republic Act No. 645 and this Order shall be probationary for a period of one year:Provided, That the probationary period for those appointed in the Third Period as specified in Section 2 of this Order shall not extend beyond July 1, 1955. At any time during this probationary period, the appointment of an officer who is found unfit for his commission may be revoked by the President upon recommendation of the Secretary of National Defense. When such appointee shall have completed the probationary period herein prescribed, and unless steps shall have been taken to have his appointment revoked, he shall be deemed to have been permanently appointed and commissioned in the Regular Force as of the date of his probationary appointment.
Section 10. No reserve officer who has once resigned his commission in the Regular Force or Reserve Force, Armed Forces of the Philippines (except for the purpose of accepting an appointment in the Regular Force pursuant to this Order, or except where the Secretary of National Defense specifically determined that any such resignation was justifiable), shall be appointed under the provisions of this Order.
Section 11. The Secretary of National Defense shall prescribe the regulations and procedures for the selection and appointment of reserve officers in the Regular Force in accordance with the provisions of this Order.1a⍵⍴h!1
Section 12. This Order shall take effect as of July 1, 1952, and shall continue in operation until the expiration of the three-year period prescribed in Republic Act No. 645.
Done in the City of Manila, this 26th day of June in the year of Our Lord, nineteen hundred and fifty-three, and of the Independence of the Philippines, the seventh.
(SGD.) ELPIDIO QUIRINO President of the Philippines
By the President:
(SGD.) MARCIANO ROQUE Acting Executive Secretary
The Lawphil Project - Arellano Law Foundation
|