[ Commonwealth Act No. 312, June 09, 1938 ]
AN ACT TO AMEND PARAGRAPH (D) OF SECTION TWENTY-TWO OF COMMONWEALTH ACT NUMBERED ONE, IN ORDER TO FIX THE RANK OF THE CHIEF OF STAFF AND HIS TERM OF OFFICE.
Be it enacted by the National Assembly of the Philippines:
Section 1. Paragraph (d) of section twenty-two of Commonwealth Act Numbered One is amended so as to read as follows:
"(d) Officers will be distributed among grades as determined by the President of the Philippines: Provided, That the number of officers commissioned above the grade . of colonel shall at no time exceed 1.2 per cent of the authorized strength of the officer corps; above the grade of lieutenant colonel shall not exceed 2.6 per cent; above the. grade of major shall not exceed 5.2 per cent; above the grade of captain shall not exceed 14.9 per cent; above the grade of first lieutenant shall not exceed 45.2 per cent: And provided, further, That the grade of major-general shall be conferred only upon the officer detailed by the President of the Philippines to act as the chief of staff and shall be retained by him only while holding office as such, each detail to be for a term of three years, unless sooner terminated by the President.(awÞhi("
Section 2. To carry into effect the purposes of this Act, the President of the Philippines is authorized and directed to detail an officer of the regular force having the grade at least of colonel to act as the chief of staff from and after January first, nineteen hundred and thirty-nine, any previous detail notwithstanding, and upon such detail, these officers of the regular force who on such date have the grade of major-general shall ipso facto become brigadier-generals, their respective rank as such to be thereupon determined by the President of the Philippines.
Section 3. This Act shall take effect upon its approval.
Approved, June 9, 1938.
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