Sec. 2. Distribution of General/Flag Officers. � Thenumber of general/flag officers herein authorized shall be distributedto the various general/flag officer grades in accordance with theschedule of percentage as hereunder prescribed;
General/Admiral (0-10) 1 per centum
Lieutenant General/Vice Admiral (0-9) 7 per centum
Major General/Rear Admiral (0-8) 26 per centum
Brigadier General/Commodore (0-7) 66 per centum
������
Total 100 per centum
Provided, that there shall only be one officer with a grade ofGeneral/Admiral at any one time: provided, further, that the numbercorresponding to the schedule of percentage prescribed for the gradesof Major General/Rear Admiral, Lieutenant General/Vice Admiral, andGeneral/Admiral shall be the maximum: provided, furthermore, that ifthe actual number in a grade is less than the number prescribed, thedifference may be applied as an increase to the number prescribed inthe lower grade: provided, finally, that no officer shall be promotedto the grade of Brigadier General/Commodore or higher unless there isan existing vacancy, and the officer is occupying a position in theTable of Organization that requires the grade or rank for which he isbeing considered for promotion.
Sec. 3. Maximum Tenure in Grade. � The maximum tenureof officers in the grades of Colonel/Captain (PN) and General/FlagOfficer in the AFP are hereby prescribed as follows:
GRADE MAXIMUM TENURE
IN GRADE
General/Admiral (0-10) three (3) years
Lieutenant General/Vice Admiral (0-9) three (3) years
Major General/Rear Admiral (0-8) three (3) years
Brigadier General/Commodore(0-7)five (5) years
Colonel/Captain (PN) (0-6) ten (10) years
Unless earlier separated, retired or promoted to the next higher gradeor occupying a position calling for the ranks of higher grade in theAFP Table of Organizations, Colonels/Captain (PN) and Generals/FlagOfficers shall be compulsorily retired upon the attainment of themaximum tenure in grade herein prescribed, or upon reaching the age ofcompulsorily retirement whichever is earlier, except for the Chief ofStaff, AFP, who may be allowed by the President of the Philippines tofinish tenure in position as provided for in the Constitution:provided, that officers already holding these ranks upon the approvalof this Act may be allowed one (1) year more of tenure in grade beforethe maximum tenure provided in this section shall be applied to them,unless they shall have already reached the compulsory retirement ageunder existing laws, in which case the compulsory retirement age shallprevail.
Sec. 4. Maximum Tenure in Position. � Officersholding the following key positions are hereby limited to a maximumtenure in position of three (3) years unless otherwise earlier relievedby competent authority or compulsorily retired under existing laws:
Chief of Staff, AFP
Vice Chief of Staff, AFP
The Deputy Chief of Staff, AFP
Major Service Commanders
Provided, that except for the Chief of Staff of the AFP, no officershall be assigned/designated to the aforementioned key positions orpromoted to the rank of Brigadier General/Commodore or higher if he hasless than one (1) year of active service remaining prior to compulsoryretirement.
Sec. 5. Appropriations. � The amount necessary toimplement the provisions of this Act is hereby authorized to be paidout of savings from the appropriations of the AFP for the current year.Thereafter, the sum necessary for the implementation of this Act shallbe included in the annual General Appropriations of the AFP.
Sec. 6. Implementing Regulations. � The Secretary ofNational Defense shall prescribe the rules and regulations necessaryfor the effective implementation of this Act.
Sec. 7. Repealing Clause. � All laws, rules andregulations, and other issuances or parts thereof, which areinconsistent with the provisions of this Act, are hereby repealed ormodified accordingly.
Sec. 8. Effectivity. � This Act shall take effectupon its approval.
Approved: June 11, 1996