In the proposal submitted to Congress, the DND stressed that a fixed term for the AFP chief and other top military officials will provide sufficient time for the top officials to implement their programs and reforms for their respective units.
The proposed National Defense Act of 2007 seeks to provide for the forced retirement of officers who have completed 30 years of military service, except if the officer concerned is promoted to a star rank.
"By providing these officers occupying key leadership positions with a prescribed tour of duty, they will have a sufficient period to implement and complete the programs and projects they have developed for their respective units," Defense Assistant Secretary Aida Roxas-Rivera explained.
Rivera headed a committee that drafted the proposal. The members were AFP chief Narciso Abaya, former defense undersecretary Feliciano Gacis, retired Navy Commander Carlos Agustin and Brig. Gen. Cardozo Luna, commander of the Army’s 4th Infantry Division as committee members.
The committee also proposed to provide a fixed three-year term for the AFP vice chief, the chiefs of the military’s four major services and unified area commands.
The proposal also pushed for a fixed three-year term for the superintendent of the Philippine Military Academy (PMA).
If passed into law, the proposed National Defense Act of 2007 would give the AFP chief the authority to draft regulations that would provide a tour of duty for chiefs of military training institutions "to ensure stability and continuity in the accomplishment of the programs and projects."
The proposal would provide for a forced retirement of military officers and enlisted personnel after completing 30 years of active commissioned service.
"Corollary to this is the proposed change in the reckoning point for compulsory retirement, from the attainment of 56 years of age, to the completion of 30 years of active commissioned service," Rivera said.
She said the provision does not cover the AFP chief and the other officers designated to the post with a corresponding tour of duty and those who have been promoted to general and flag officer grades.
"By providing for these exemptions, we believe that only selected officers will be allowed to continue in the service, thereby giving the AFP more time to benefit from their experience and expertise," Rivera said.
Once approved, the program will result in the forced retirement of officers and enlisted personnel who do not fall in the exception provision.
At present, all officers and men should retire upon reaching their 56th birthday, except the AFP chief whose tour of duty could be extended by the President as the commander-in -chief.
But if passed into law, the Defense Act would not allow an AFP chief to hold on to his post if he is over 60 years old.
"By providing the general (30 years) rule, the officers and enlisted personnel who do not fall in any of the exemptions provided, will be retiring at a relatively younger age, or at the average, by age 52 or 53 for officers, and 47 to 50 for enlisted personnel," the proposed act said.
Former Armed Forces chief general Generoso Senga had earlier proposed a fixed term for the AFP chief and pushed for the review of the National Defense Act.
Senga pointed out that many military officials have complained that their promotion would also mean enduring the tough grilling by the members of the Commission on Appointments (CA) for confirmation.
At present, the law mandates officers with rank of colonel and above should have their promotions confirmed by the CA.
Senga suggested that only the highest ranking military officials should need the confirmation from the CA.
Senga also said a fixed tenure for the AFP chief would give the new military chief more time to pursue reforms in the institution.
A fixed tenure would do away with the much-criticized "revolving door policy" that characterizes the appointments of AFP chiefs on which some of them only held office for a few months.
President Arroyo, for instance, has named eight AFP chiefs in her first five years in office on which most of them served for less than a year.
Sen. Rodolfo Biazon, for his part, said the Senate has already approved a similar proposal on March 7, 2005 under Senate Bill No. 1862.
Biazon said the bill was already sent to the House of Representatives for concurrence under the counterpart proposal made by his son, Muntinlupa Rep. Rozzano Rufino Biazon.