EXECUTIVE ORDER NO.

337
September 13, 1988

PRESCRIBING REGULATIONS GOVERNING THE

DISCHARGE OR SEPARATION BY ADMINISTRATIVE
ACTON OF OFFICERS OF THE REGULAR FORCE
AND RESERVE OFFICERS ON EXTENDED TOUR OF ACTIVE
DUTY IN THE ARMED FORCES OF THE PHILIPPINES

Pursuant to the authority conferred upon me by the Constitution and ex-

isting laws, I, CORAZON C. AQUINO, President of the Philippines, do hereby
prescribe the following rules and regulations governing the discharge or
separation by administrative action of officers of the Regular Force and Re-
serve Officers on extended tour of active duty for six months or more in the
Armed Forces of the Philippines. Page | 1!

I. DISCHARGE OR SEPARATION FROM THE SERVICE

1. Officers of the Regular Force and Reserve Officers serving on extended

tour of active duty for six months or more in the Armed Forces of the
Philippines shall be administratively discharged or separated from the
service only upon the approval of the President. Unless otherwise specif-
ically provided by law, such discharge or separation shall be in accor-
dance with the regulations and procedures set forth in this Order and in
implementing regulations not inconsistent therewith.

2. a. When an officer of the Regular Force or Reserve Officer on extended

tour of active duty for six months or more commits any act of mis-
conduct of such nature and gravity is to warrant his discharge or sep-
aration from the service, his name and record shall be referred by the
Chief of Staff, Armed Forces of the Philippines or by the Commander
of the Major Service to which he belongs, to the appropriate Efficiency
and Separation Board, as hereinafter provided, for the determination
of his suitability or fitness for retention in the service.

b. The Chief of Staff, Armed Forces of the Philippines, and the Major
Service Command shall from time to time or as the need arises, cause
the review of the personal records and efficiency of officers under
their command and refer to the appropriate Efficiency and failed to
demonstrate satisfactory qualifications and efficiency as an officer.

c. When an officer's elimination is made mandatory by operation of the

provisions of Republic Act No. 291, as amended, or other pertinent
law, his name and record shall be referred forthwith to the appropri-
ate Efficiency and Separation Board. It shall be the sole function of
the Board in such case to determine whether the officer's separation
is due to his misconduct, willful failure to perform his duties, the in-
temperate use of drugs or alcoholic liquor, or vicious or immoral
habits.
3. Any officer discharged or separated from the service for reasons other
than his own misconduct, willful failure to perform his duties, the intem-
perate use of drugs or alcoholic liquor, or vicious or immoral habits, shall
be entitled to such gratuity, pension, separation pay, or retirement ben-
efits as may be authorized by law.

II. EFFICIENCY AND SEPARATION BOARDS

4. a. An Efficiency and Separation Board shall be and is hereby established

for the General Headquarters, Armed Forces of the Philippines, and for
each of the Major Services of the Armed Forces of the Philippines. The
members of the several Boards shall be appointed, upon recommenda-
tion of the Chief of Staff, Armed Forces of the Philippines, by the Secre-
tary of National Defense, who shall designate the Chairman thereof.
Page | 2!
b. An Efficiency and Separation Board shall be composed of not less than
five nor more than seven officers, one of whom is a member of the
Judge Advocate Generals' Service, and who shall be appointed from
among officers assigned to the command to which the Board pertains.
As far as practicable, the members shall not be below the permanent
grade of Colonel or Captain in the Navy.

c. The members of each Efficiency and Separation Board shall serve for a
term of two years unless sooner relieved by the Secretary of National
Defense. Before entering upon the discharge of their duties, the mem-
bers of the Board shall take their oath of office.

5. a. The Commander of the command to which the Efficiency and Separa-

tion Board pertains shall designate an officer of suitable rank to serve,
without vote, as Secretary for the Board. The Secretary shall have the
power to issue subpoena duces tecum, when directed by the Chairman
of the Board, in connection with cases pending before said Board.

b. The Commander of the command to which the Board, pertains shall

also designate a Prosecuting Officer to prosecute cases before the
Board, present evidence of alleged misconduct and/or inefficiency
against the respondent officer, and refute his defense. The commander
shall also designate a Military Counsel to assist the respondent officer.

c. The Commander of the command to which the Efficiency and Separa-

tion Board pertains shall also provide such office supplies, logistical
support, clerical assistance and office space as may be required by the
Board.

6. Each Efficiency and Separation Board shall have jurisdiction to pass upon
the discharge or separation of officers assigned to the Major Service to
which the Board pertains. All general and flag officers, irrespective of
their assignment, and officers assigned to the General Headquarters,
Armed Forces of the Philippines, and units directly under it shall fall un-
 der the jurisdiction of the Efficiency and Separation Board for the said
General Headquarters.

7. a. The Board shall act with utmost dispatch in each case. To promote
expeditious action in every case referred to it, the Board shall adopt
such summary proceedings as are consistent with the minimum re-
quirements of administrative due process, avoiding technicalities tend-
ing to unreasonably delay the disposition of cases; Provided that in all
hearings and deliberations, the member belonging to the Judge Advo-
cate Generals' Service must be present.

b. The proceedings and decisions of the Board shall be confiden-

tial. A majority of all members shall constitute a quorum. All decisions
should be reached by a majority vote of the members present.
Page | 3!
8. In determining an officer's suitability or fitness to remain in the service,
the Efficiency and Separation Board shall weigh his proficiency, experi-
ence, accomplishments, attitude, ability, and his character and general
value to the service. Due weight shall be given to such findings and rec-
ommendations of a Selection Board, pursuant to Republic Act No. 291,
as amended, as may have a bearing on the officer's fitness for retention
in the service. No weight shall be attached to any political, social, finan-
cial, or any other factor not military in nature.

9. Any officer under consideration for discharge or separation pursuant to

this Order shall be notified of such fact. He shall be permitted counsel of
his own choice. He shall have the right to appear before the Board per-
sonally or through counsel and to present any fact, argument or witness
in his behalf or any matter pertinent to his case. He shall be informed of
all the evidences, charges and reports against him and shall be given
full opportunity to refute the same.

10.The Board shall recommend specifically in each case that the officer be
retained or that he be separated from the active service, subject to the
limitation in paragraph 2c of this Order. It shall submit a complete re-
port of the case and the record of investigation to the commander to
which it pertains. If retention is recommended and concurred in by
the Commander to which the board pertains, the case shall be
considered closed and the officer shall be notified thereof in
writing.

11. a. The following recommendations of the Board shall be for-

warded to the President thru the Secretary of National Defense
for final decisions:
(1) Separation from the service concurred in by the
Commander of the command to which the board pertains.
(2) Retention/Separation not concurred in by the Com-
mander of the command to which the board pertains.
b. The Commander to which the board pertains may remand a case to
the Efficiency and Separation Board of origin for such further action or
 proceedings as, in his opinion, is necessary for a full, fair and impar-
tial investigation.

c. In all cases, the investigation report shall specify the particular

provisions of paragraph 2 of this Order under which the board took
cognizance of the case; whether the recommendation for separation is
based on the officer's own misconduct, willful failure to perform his
duties, the intemperate use of drugs or alcoholic liquor, or vicious or
immoral habits; and such other matters as the Board may deem per-
tinent.

d. If the Efficiency and Separation Board determines that an officer's

separation is not due the foregoing causes, and he is eligible for re-
tirement, the Board shall recommend his retirement under the applic-
able provisions of the AFP Retirement Law (P.D. No. 1638, as amend- Page | 4!
ed).

III. MISCELLANEOUS

12. The Secretary of National defense shall promulgate from time to time
such rules and regulations, not inconsistent with the foregoing provi-
sions, as may be necessary to carry out the purpose and intent of this
Order.

13. Executive Order No. 475, s-76, is hereby rescinded. All cases pending
before the AFP Efficiency and Separation Board established under Ex-
ecutive Order No. 475, with the exception of those where proceedings
have actually been commenced with presentation of substantial evi-
dence shall be transferred to the appropriate major service command
Efficiency and Separation Board for the appropriate proceedings.

Done in the City of Manila, this 13th day of September, in the year of
Our Lord, nineteen hundred and eighty-eight.