Bill Type
Congress Name
Long Title
AN ACT AMENDING SECTION 45, CHAPTER 10 AND SECTION 17, CHAPTER 1 OF SUBTITLE II, TITLE VIII OF EXECUTIVE ORDER NO. 292, OTHERWISE KNOWN AS THE '1987 ADMINISTRATIVE CODE BY PROHIBITING A PERSON FROM BEING APPOINTED AS SECRETARY OF NATIONAL DEFENSE WITHIN THREE YEARS AFTER RELIEF FROM ACTIVE DUTY AS COMMISSIONED OFFICER OF THE ARMED FORCES OF THE PHILIPPINES'
Date filed
July 1, 2004
Scope
Legislative History
| House Bill/Resolution NO. HB00320 |
| FULL TITLE : AN ACT AMENDING SECTION 45, CHAPTER 10 AND SECTION 17, CHAPTER 1 OF SUBTITLE II, TITLE VIII OF EXECUTIVE ORDER NO. 292, OTHERWISE KNOWN AS THE '1987 ADMINISTRATIVE CODE BY PROHIBITING A PERSON FROM BEING APPOINTED AS SECRETARY OF NATIONAL DEFENSE WITHIN THREE YEARS AFTER RELIEF FROM ACTIVE DUTY AS COMMISSIONED OFFICER OF THE ARMED FORCES OF THE PHILIPPINES' |
| ABSTRACT : The Consitution provides that civilian authority is, at all times, supreme over the military. It may be concluded from this provision that the framers of the Constitution intends to give the position of secretary of national defense a civilian character. The bill seeks to disqualify all military officers from serving as secretary of the Department of National Defense within three years after relief from active duty as a commissioned officer of the Armed Forces of the Philippines (AFP). Three years is deemed sufficient time for relieved members of the AFP to adapt to civilian life. |
| PRINCIPAL AUTHOR/S : MARCOS, IMEE R. |
| DATE FILED : 2004-07-01 |
| SIGNIFICANCE: NATIONAL |
| ACTIONS TAKEN BY THE COMMITTEE |
| COMMITEE HEARINGS/ACTIONS: |
| 1. Under deliberation by the Mother Committee on 2006-08-30 |
| ACTIONS TAKEN BY THE COMMITTEE ON RULES |
| REFERRAL TO THE COMMITTEE ON NATIONAL DEFENSE AND SECURITY ON 2005-03-16 |
| PREVIOUS COMMITTEE REFERRALS :PRIMARILY REFERRED TO REVISION OF LAWS on 2004-07-27; |
Abstract
The Consitution provides that civilian authority is, at all times, supreme over the military. It may be concluded from this provision that the framers of the Constitution intends to give the position of secretary of national defense a civilian character. The bill seeks to disqualify all military officers from serving as secretary of the Department of National Defense within three years after relief from active duty as a commissioned officer of the Armed Forces of the Philippines (AFP). Three years is deemed sufficient time for relieved members of the AFP to adapt to civilian life. '
Disclaimer
Note: Legislative history and other information accessed from Congress Legis. Information as of April 20, 2022.