MANILA, Philippines - The Supreme Court recently ruled that reserve officers who are called into active service and hold commands in the regular armed forces can only serve for a period not exceeding two years.
In a decision made by the Supreme Court’s Third Division and penned by Justice Roberto Abad, the High Court dismissed the petition of Col. Jesus Cabarrus, Jr. of the Philippine Air Force.
Cabarrus, a reserve officer, was called into active service by the Armed Forces of the Philippines in 2000, when he was 60. He was installed as group commander of the AFP Reserve Command’s public affairs service.
Five years later, his superior considered Cabarrus retired and relieved him of his post. Cabarrus opposed this, claiming that under Section 13(3) of the Citizen Armed Forces Reservist Act (Republic Act 7077), he can still serve so long as he is still physically and mentally fit for duty.
He filed a petition for declaratory relief with the Quezon City regional trial court, which dismissed it.
The SC, however, said retired reserves – those aged 65 and above – may only be ordered to serve to cope with an actual war, invasion, rebellion or any other extreme emergency. The provision does not apply to Cabarrus who, at 60, was called to active duty in the regular armed forces.
The SC said he was relieved of his post not because he reached retirement age, but because he served the maximum period for reserve officers.