Republic Act 11709 has a long-winded title: “An act strengthening professionalism and promoting the continuity of policies and modernization initiatives in the Armed Forces of the Philippines, by prescribing fixed terms for key officers thereof, increasing the mandatory retirement age of generals / flag officers, providing for a more effective attrition system, and providing funds therefor.”
RA 11709, according to its declaration of policy, aims among others to “enhance professionalization in the (AFP) by strengthening the merit system, allow the new leadership a longer period to implement reforms…” It also aims to “obviate revolving door accommodation promotions to successfully create a new culture of excellence in leadership and accountability in the AFP.”
Signed by Rodrigo Duterte in the twilight of his presidency on April 13 last year, RA 11709 sets a “fixed tour of duty” of three years for the AFP chief of staff, the vice chief, deputy chief, the commanders of the Army, Navy, Air Force and Unified Command as well as the inspector general.
The superintendent of the Philippine Military Academy has also been given a four-year tour of duty, although this is not fixed. The PMA superintendent’s tour of duty, like those of the AFP chief and the seven top military officers, will follow the specified period set by the law “unless sooner terminated by the President.”
This brief line in the law effectively upends its intent to set fixed terms for the top military posts. President Marcos has applied the provision to sustain his prerogative to select or replace at will the AFP leadership. What we’re seeing is worse than previous cases of revolving doors.
Just over a month into the new administration, the President replaced the holdover AFP chief, Gen. Andres Centino, with Lt. Gen. Bartolome Bacarro. No reason was given for yanking out Centino, who was set to retire this Feb. 4. Bacarro was supposed to be the first beneficiary of the three-year fixed term for AFP chiefs.
Centino, who was effectively placed on floating status, could not be stripped of his four stars, however, so the three-star Bacarro could not be promoted to the higher rank reserved for the AFP chief. Centino reportedly declined an offer to serve as ambassador to India.
Last week, in an unprecedented turnaround and for still unspecified reasons, President Marcos pulled Centino back to the top AFP post, and effectively demoted Bacarro. Whether Centino will serve the full three years specified in RA 11709 remains to be seen. In the meantime, his appointment led to the resignation of Jose Faustino Jr. as Department of National Defense officer-in-charge along with seven to nine senior DND officials.
The President exercised his prerogative allowed under RA 11709. Congress may have to step in to untangle this mess.