480

EXECUTIVE ORDER NR 337

PRESCRIBING REGULATIONS GOVERNING THE DISCHARGE OR
SEPARATION BY ADMINISTRATIVE ACTION 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 existing laws, I, CORAZON C. AQUINO, President of the
Philippines, do hereby prescribe the following rules and regulation governing the discharge orseparation by administrative action of
officers of the Regular Force and ReserveOfficers on extended tour of active duty for six months or more in the ArmedForces of the
Philippines.
I. DISCHARGE OR SEPARATION FROM THE SERVICE

1. Officers of the Regular Force and Reserve Officers serving 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 or otherwise specifically provided by law, such discharge or separation shall be in accordance 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 a Reserve Officer on extended tour of active duty for six months or commits
any act of misconduct of such nature and gravity as to warrant his discharge, or separation 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 Commanders shall from time to time, or as
the need arises, cause the review of the personal records and efficiency of officer under their command and refer to the appropriate
Efficiency and Separation Board the names and records of those officers who 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 appropriate 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 intemperate use of drug 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 intemperate use of drugs or alcoholic liquor, or vicious or immoral habits, shall be entitled to such gratuity, pension,
separation pay, or retirement benefits 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. The members of the several Boards shall be appointed, upon recommendation of the Chief of Staff, Armed Forces
of the Philippines by the Secretary of National Defense, who shall designate the Chairman thereof.
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 be senior in permanent grade to any officer being considered for
discharge or separation by the Board and 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 members shall take their oath of office.
d. No member shall serve in the Efficiency and Separation Board for more than two consecutive terms. Only officer with
sufficient competence, prudence, impartiality and judicial temperament shall be appointed as members of the Board.
e. The Chief of Staff, the Vice Chief of Staff, the Deputy Chief of Staff, and the Deputy Chief of Staff for Personnel, Armed
Forces of the Philippines; and the Commander, Deputy or Vice Commander, Chief of Staff andAssistant Chief of Staff for Personnel
of any Major Service shall not be eligible forappointment as a member of Efficiency and Separation Board,

5. a. The Commander of the command to which the Efficiency Separation 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 Defense Counsel to assist the respondent officer.
c. The Commander of the command to which the Efficiency and Separation 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 under 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 requirements of administrative due process,
avoiding technicalities tending to cause unreasonable delay the disposition of cases; Provided, that in all hearings and
deliberations, the members belonging to the Judge Advocate General’s Servicemust be present.
b. The proceedings and decisions of the Board shall be confidential. A majority of all decisions should be reached by a
majority vote of the members present.

8. In determining an officer’s suitability or fitness to remain in the service, the Efficiency and Separation Board shall weigh
his proficiency, experience, accomplishments, attitude, ability, and his character and general value to the service. Due weight shall
be given to such findings and recommendations of a selection Board, pursuant to Republic Act Nr. 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, financial, 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 personally 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 evidence,
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 report 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 forwarded to the President thru the Secretary of National
Defense for final decision: (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 Commander 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 proceeding as, in his opinion, is necessary for a full, fair and impartial 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 drug or alcoholic liquor, vicious or immoral habits; and such other matters as the
Board may deem pertinent.
d. If the Efficiency and Separation Board determines that an officer’s separation is not due the foregoing causes, and he is
eligible for retirement, the Board shall recommend his retirement under the applicable provisions of the AFP Retirement Law (P.D.
Nr 1638, as amended)
III. MISCELLANEOUS

12. The Secretary of National Defense shall promulgate from time to time such rules and regulations, not inconsistent with
the foregoing provisions, as may be necessary to carry out the purpose and intent of this Order .
13. Executive Order Nr. 475, s-76, is hereby rescinded. All cases pending before the AFP Efficiency and Separation Board
established under Executive Order No. 475, with the exception of those where proceedings have actually been commenced with
presentation of substantial evidence 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 eight-eight
(SGD) CORAZON C AQUINO
President of the Philippines

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF NATIONAL DEFENSE
GENERAL HEADQUARTERS, ARMED FORCES OF THE PHILIPPINES
Camp General Emilio Aguinaldo
Quezon City
AGPCR2 11 August 2000
CIRCULAR
NUMBER 13
DISCHARGE OR SEPARATION BY ADMINISTRATIVE
ACTION OF OFFICERS IN THE REGULAR FORCE AND
RESERVE OFFICERS ON EXTENDED TOUR OF
ACTIVE DUTY
1. Purpose: Pursuant to paragraph 12 of Executive Order No. 337dated 13 September 1988, hereby prescribed are the rules and
regulations as well as the procedures governing the discharge or separation from the service of Regular Officers and Reserve
Officers on extended tour of active duty.
2. Discharge or Separation from the Service: Officers of the Regular Force and Reserve Officers serving on extended tour of duty
for six (6) months or more in the Armed Forces of the Philippines shall be administratively discharged or separated from the service
as provided in EO NO. 337, series of 1988 and these implementing rules and regulations.
a. Referral of Case for Misconduct - When an Officer of the Regular Force or a Reserved Officer on extended tour of
active duty for six (6) months or more commits any act misconduct of such nature and gravity as to warrant his/her discharge or
separation from the service the name and
record of the officer shall be referred by the chief of Staff, Armed Forces of the
Philippines or by the commander of the Major service to which the officer
belongs to the appropriate Efficiency and Separation Board for the
determination of his/her suitability or fitness for retention in the service.
b. Referral of Case for Failure to Demonstrate Satisfactory
Qualifications and Efficiency - The Chief of Staff, Armed Forces of the
Philippines and Major Service Commanders shall be from time to time; or as
the need arises, cause the review of the personnel records and efficiency of
officers under their command and refer to their re3spective Efficiency and
Separation Boards the names and records of those officers who failed to
demonstrate satisfactory qualifications and efficiency as an officer.
c. Mandatory Referral of case of an Officer - When an
officers separation is made mandatory by operation of the provision of
Republic Act No. 291, as amended, or other pertinent law, his/her name and
record shall be referred forthwith to the appropriate 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 misconduct willful failure to perform
duties, the intemperate use of drugs or alcoholic liquor, or vicious or immoral
habits.
3. Benefits - Any officer discharged or separated from the service
for reasons other than his/her own misconduct, willful failure to perform duties,
the intemperate use of drugs or alcoholic liquor, or vicious or immoral habits,
shall be entitled to such gratuity, pension, separation pay, or retirement
benefits as may be authorized by law.
4. Efficiency and Separation Boards
a. Designation - The Efficiency and Separation Boards
established under Executive Order No. 337, s-88 shall be officially designated
as follows:
(1) GHQ Efficiency and Separation Board
(2) Armed Forces Efficiency and Separation Board
(3) Air Force Efficiency and Separation Board
(4) Navy Efficiency and Separation Board
b. Composition - Each Efficiency and Separation Boards
shall be composed of not less than five (5) but not more than seven (7)
officers, one of whom is a member of the Judge Advocate General’s service
who shall act as the Law Member of the Board. They shall be appointed by
the Secretary of National Defense upon recommendation of the Chief of Staff,
Armed Forces of the Philippines from among officers assigned to the
command to which the Board pertains, the Secretary of National Defense
shall designate the Chairman thereof.
c. Rank - As far as practicable, the members shall be senior
permanent grade to any officer being considered for discharge or separation
by he Board and not be below permanent grade of Colonel or Captain in the
Navy.
d. Tenure - The members of each Efficiency and Separation
Board shall serve a term of two (2) years unless sooner relieved by the
Secretary of National defense. No officer shall serve in the Efficiency and
Separation Board for more than two consecutive terms.
e. Membership of Regular and Reserve Officers - Regular
and Reserve Officers shall be equally represented in membership in the
different Efficiency and Separation Boards. However, the Chairman thereof
shall be Regular Officers.

f. Qualifications - Only officers with sufficient competence,

prudence, impartiality and judicial temperament shall be appointed as
members of the Board.
g. Oath - Before entering upon the discharge of heir duties,
the members of the Board shall take the following oath or affirmation:
OATH OF OFFICE
“I, ________________________________, do solemnly
swear (or affirm) that I will faithfully and conscientiously discharge my duties
as (Chairman/Member) of the Efficiency and Separation Board; that I will
perform the duties imposed upon me in accordance with the pertinent
provision of law and regulations promulgated pursuant thereto; that having in
view the best interest of the military service, I will administer justice without
partiality, favor or affection; hat I will keep the deliberation of the Board with
strictest secrecy and confidence; and that I impose upon my self voluntarily,
without mental reservation or purpose of evasion. SO HELP ME GOD.”
h. Disqualifications - The Chief of Staff, the Vice Chief of
Staff, the Deputy Chief of Staff, and the Deputy Chief of Staff for Personnel,
Armed Forces of the Philippines, and the Commander, Deputy or Vice
Commander, Chief of Staff, and assistant Chief of Staff for Personnel of the
Major Services shall not be eligible for appointments members of the
Efficiency and Separation Board.
i. Board Secretary - The Commander of the command to
which the Efficiency and separation Board pertains shall designate an officer
of suitable rank to serve, without vote, as Secretary of the Board. The
Secretary shall have the power to issue subpoena and subpoena duces
tecum, when directed by the Chairman of the Board, in connection with
case(s) pending before the Board.
j. Prosecuting Officer and Military Defense Counsel - The
Commander of the command to which the Board pertains shall designate a
Prosecuting Officer to prosecute cases referred to 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
Defense Counsel to assist the respondent officer in his defense.
k. Tenure of Prosecuting Officer and Military Defense
Counsel - The designated Prosecuting Officer and Military Defense Counsel
shall serve for two (2) years unless sooner relieved, or extended for another
term but only for two (2) years by the Commander of the command to which
the Board pertains.
l. Clerical and Logistical Support to the Board - The
Commander of the Command to which the Board pertains shall provide such
office supplies, logistical support, clerical assistance and office space as may
be required by the Board.

5. Jurisdiction of Board - 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 assignments, and officers assigned to the
General Headquarters, Armed Forces of the Philippines, and units directly
under it shall fall under the jurisdiction of the Efficiency and Separation Board
for General Headquarters, AFP.
6. Summary Proceedings; Deliberations Consistent with Due
Process - The Board shall act with utmost dispatch in each case. To promote
expeditious action of every case referred to it, the Board shall adopt such
summary proceedings as are consistent with the minimum requirements of
administrative due process, avoiding technicalities tending to unreasonably
delay the disposition of cases. The member belonging to the Judge Advocate
General’s Service must be present in all hearings and deliberation of the
Board. For this purpose, the following rules shall be observed:
(1) The Board shall conduct preliminary conference to be
attended by the Prosecuting Officer, Military Defense Counsel and Law
Member, in order to arrive at stipulations of facts, limiting the issues and
number of witnesses to be presented by either party, marking for identification
of exhibits, waiver of objections to admissibility of evidence; number of days
within which the Prosecution and Defense Counsels will present their
respective evidence, and such other matters as would promote fair and
expeditious trial;
(2) The Board shall not allow preemptory challenge. Only
challenge for cause shall be entertained;
(3) No postponements of scheduled hearings shall be
permitted unless shown on meritorious cases;
(4) It shall be the duty of both the Chairman and the Law
member to caution other members from propounding irrelevant/unnecessary
questions, or that which may tend to embarrass the witness;
(5) The sworn statement that the affiant shall identify as
his/her during the hearing shall be sufficient to constitute as his/her direct
testimony, in which case, cross-examination shall proceed immediately.
a. Reglementary Period - All cases referred to the
Board shall be terminated within a period of not more than forty five (45) days
from the day of receipt thereof for trial by the Board Secretary. The Chairman
of the board shall submit a monthly report to the Commander of the
Command to which the Board pertains, the progress of or status of the case
on hearing until the case is terminated.
b. Confidentiality of Proceedings and Decisions - The
proceedings and decisions of the Board shall be confidential.

c. Quorum; Votes Required - A majority of all

members present shall constitute a quorum. All decisions of the Board should
be reached by vote of the members present.
7. Determinations - In determining an officers suitability or fitness
to remain in the service, the Board shall weigh the officer’s proficiency,
experience, accomplishment, attitude, ability, character and general value to
the service. Due weight shall be given to such findings and recommendations
of a Selection Board pursuant to Republic Act No. 291, as amended, as they
have a bearing on the officer’s fitness for retention in the service. No weight
shall be attached to any political, social, financial, or any other factor not
military in nature.
8. Notification; Counsel of Choice - Any officer under
consideration for discharge or separation pursuant to EO No. 337, s-1988,
and these rules and regulations shall be notified of such fact. The officers
concerned shall be allowed to be represented by counsel of his own choice.
He/she should have the right to appear before the Board personally or
through counsel and to present any fact, argument or witness in his behalf or
any matter pertinent to his/her case. He shall be informed of all evidence,
charges and adverse reports against him/her and shall be given full
opportunity to refute the same.
9. Disabilities - An officer referred to a Board shall not be
considered for promotion to the next higher grade until the termination of
his/her case. He/she shall likewise not eligible for schooling, local or abroad,
during the pendency of his/her case.
10. Relief from Assignment - Upon referral of his/her case to a
Board, the officer shall be relieved from his/her present duty assignment and
reassigned to the headquarters service unit of the Major Service to which
he/she belongs or its equivalent in GHQ during the pendency of his/her case.
11. Board Recommendation; Action by Commander -
a. The Board shall recommend specifically I each
case that the officer shall be retained or that he/she shall be separated from
the active service, subject to the limitation in paragraph 2c of this Circular.
Immediately after the case is terminated and without delay, it shall be submit
a complete report of the case and the record of proceedings to the
Commander to which it pertains. If retention is recommended and concurred
by the Commander, the case shall be considered closed and the officer shall
be notified thereof in writing.
b. The commander to which the Board pertains may
remand a case to he Board for such further action or proceedings as, in
his/her opinion, is necessary for a full, fair and impartial investigation.
c. In all cases, the Board shall specify in its record of
proceedings and resolution of the case the subparagraph of paragraph 2 of

Executive Order No. 337, s-88, or that of paragraph 2 of this Circular under
which the Board took cognizance of the case, whether the recommendation
for separation is based on he officer’s own misconduct, willful failure to
perform his/her duties the intemperate use of drugs or alcoholic liquor, or
vicious or immoral habits and such other as the Board may deem pertinent.
d. If the Board determines that an officer’s separation
is not due to the foregoing causes, and he/she is eligible for retirement, it shall
recommend his/her retirement under applicable provisions of AFP Retirement
Law (P.D. No. 1638, as amended).
12. Recommendation Required to be Approved by the President -
a. The following recommendations of the Board shall
be forwarded to the President thru the Secretary of National Defense for final
decision.
(1) Separation from the service concurred in by
the Commander of the command to which the Board pertains, and;
(2) Retention/separation not concurred in by
the Commander of the command to which the Board pertains.
b. Recommendations made by Major Service
Efficiency and Separation Board shall, together with the complete records of
the case, be coursed thru the Chief of Staff, AFP for notation, recording and
monitoring purposes.
c. The secretary of National Defense may remand a
case to the Board of origin for such further action or proceedings as, in his
opinion, is necessary for a full, fair and impartial hearing or investigation.
13. Rescission. Department Circular Number 47, DND, dated 21
Feb 1989, is hereby rescinded.
14. Effectivity. This Circular takes effect immediately.
BY ORDER OF THE SECRETARY OF NATIONAL DEFENSE
OFFICIAL: ANGELO T REYES
General AFP
Chief of Staff
CESAR L CARRANZA
Captain PN (GSC)
The Adjutant General
DISTRIBUTION:
“A”

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF NATIONAL DEFENSE
Camp General Emilio Aguinaldo, Quezon City
21 February 1989
DEPARTMENT CIRCULAR
NUMBER 47
DISCHARGE OR SEPARATION BY ADMINISTRATIVE ACTION OF
REGULAR OFFICERS AND RESERVE OFFICERS ON EXTENDED TOUR
OF ACTIVE DUTY
1. Purpose - Pursuant to paragraph 12 of Executive Order Nr 337
dated 13 September 1988, hereby prescribed are the rules and regulations
governing the discharge or separation from the military service of officers of
the Regular Force and Reserve Officers on extended tour of active duty.
2. Discharge or Separation from the Service - Officers of the
Regular Force and Reserve Officers serving on extended tour of duty for six
(6) months or more in the Armed Forces of the Philippines shall be
Administratively discharged or separated from the service as provided in EO
Nr 337, series of 1988, and these implementing rules and regulations.
a. Referral of Case for Misconduct - When an Officer of the
Regular Force or Reserve Officer on extended tour of active duty for six (6)
months or more commits any act of misconduct of such nature and gravity as
to warrant his or her discharge or separation from the service, his/her 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/she
belongs, to the appropriate Efficiency and Separation Board for the
determination of his/her suitability or fitness for retention in the service.
b. Referral of the Case for Failure to Demonstrate
Satisfactory Qualifications and Efficiency - The Chief of Staff, Armed Forces
of the Philippines and the Major Service Commanders shall from time to time
or as the need arises, cause the review of the personnel records and
efficiency of officers under their command and refer to their respective
Efficiency and Separation Boards the names and records of those officers
who failed to demonstrate satisfactory qualifications and efficiency as an
officer.
c. Mandatory Referral of Case of an Officer - When an
officer’s elimination is made mandatory by operations of the provisions of
Republic Act Nr 291, as amended, or other pertinent law, his/her name and
record shall be referred forthwith to the appropriate 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/her misconduct, willful failure to
perform his/her duties, the intemperate use of drugs or alcoholic liquor, or
vicious or immoral habits.
3. Benefits - Any officer discharged or separated from the service
for reasons other than his/her own misconduct, willful failure to perform
his/her duties, the intemperate use of drugs or alcoholic liquor, or vicious or
immoral habits, shall be entitled to such gratuity, pension, separation pay, or
retirement benefits as maybe authorized by law.
4. Efficiency and Separation Boards –
a. Designation - The Efficiency and separation Boards
established under Executive Order Nr 337, s-88 shall be officially designated
as follows:
(1) General Headquarters Efficiency and Separation Board.
(2) Army Efficiency and Separation Board.
(3) Constabulary Efficiency and Separation Board.
(4) Air Force Efficiency and Separation Board.
(5) Navy Efficiency and Separation Board.
b. Composition - Each Efficiency and Separation Board
shall be composed of not less that five (5) nor more that seven (7) officers,
one of whom is a member of the Judge Advocate General Service who shall
act as the law member of the Board. They shall be appointed by the Secretary
of National Defense upon recommendation of the Chief of Staff, Armed
Forces of the Philippines from among officers assigned to the command to
which the Board pertains. The secretary of National Defense shall designate
the Chairman thereof.
c. Rank - As far as practicable, the members shall be senior
in permanent grade to any officer being considered for discharge or
separation by the Board and not be below the permanent grade, of colonel or
captain in the navy.
d. Tenure- The members of each Efficiency and Separation
Board shall serve for a term of two (2) years unless sooner relieved by the
secretary of National Defense. No officer for more than two consecutive
terms.
e. Membership of Regular and Reserve Officer - Officers of
the Regular and Reserve components shall be equally represented in
membership in the different Efficiency and Separation Boards. However, the
Chairmen thereof shall be Regular Officers.
f. Oath - Before entering upon the discharge of their duties,
the duties, the members of the Board shall take the following oath or
affirmation:

OATH OF OFFICE
“I, ___________________________, do solemnly
swear (or affirm) that I will faithfully and conscientiously
discharge my duties as (Member/Chairman) of the Efficiency and
Separation Board; that I will perform the duties imposed upon me
in accordance with the pertinent provisions of law and regulations
promulgated pursuant thereto; that having in view the best
interest of the military service, I will administer justice without
partiality favor or affection; that I will keep the deliberations of the
Board with strictest secrecy and confidence; and that I impose
these obligations upon myself voluntarily, without mental
reservation or purpose of evasion. SO HELP ME GOD.”
h. Disqualifications - The Chief of Staff, The Vice Chief of
Staff, The Deputy Chief of Staff, and The Deputy Chief of Staff for Personnel,
Armed Forces of the Philippines, and the Commander, Deputy or Vice
Commander, Chief of Staff, and Assistant Chief of Staff for Personnel, of the
Major Services shall not be eligible for appointment as members of an
Efficiency and Separation Board.
i. Board Secretary - The Commander of the command to
which the Efficiency and Separation 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 and subpoena duces
tecum, when directed by the Chairman of the Board, in connection with
case(s) pending before the Board.
j. Prosecuting Officer and Military Defense Counsel - The
Commander of the Command to which the Board pertains shall also
designate a Prosecuting Officer to prosecute cases referred to the Board,
present evidence of alleged misconduct and/or inefficiency against the
respondent officer, and refute his/her defense. The commander shall also
designate a Military Defense Counsel to assist the respondent officer in his
defense.
k. Tenure of Prosecuting Officer and Military Defense
Counsel - The designated Prosecuting Officer and Military Defense Counsel
shall serve for two (2) years unless sooner relieved, or extended for another
term but only for two (2) years by the Commander of the command to which
the Board pertains.
l. Clerical and Logistical Support to the Board - The
Commander of the command to which the Board pertains shall provide such
office supplies, logistical support, clerical assistance and office space as may
be required by the Board.
5. Jurisdiction of Board - 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 to the General

Headquarters, Armed Forces of the Philippines, and units directly under it
shall fall under the jurisdiction of the Efficiency and Separation Board for
General Headquarters, AFP.
6. Summary proceedings -
a. Summary Proceedings: Deliberations consistent with Due
Process - 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 a
summary proceedings as are consistent with the minimum requirements of
administrative due process, avoiding technicalities tending to unreasonably
the disposition of cases. The member belonging to the Judge Advocate
General Service must be present in all hearing and deliberations of the Board.
b. Monthly Report - If a case referred to the Board is not
terminated within three (3) months, the Chairman of the Board shall submit a
monthly report to the Commander of the command to which the board
pertains, stating the reason(s) thereof, until the case is terminated.
c. Confidentiality of Proceedings and Decisions - The
proceedings and decisions of the Board shall be confidential.
d. Quorum; Votes Required - A majority of all the members
shall constitute a quorum. All decisions of the Board should be reached by a
majority vote of the members present.
7. Determinations - In determining an officer’s suitability or fitness
to remain in the service, the Board shall weigh his/her proficiency, experience,
accomplishments, attitude, ability and his/her character and general value to
the service. Due weight shall be given to such findings and recommendations
of a Selection Board pursuant to Republic to 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, financial, or any other factor
not military in nature.
8. Notification; Counsel of Choice - Any officer under consideration
for discharge or separation pursuant to EO Nr 337, s-1988, and these rules
and regulations shall be notified of such fact. He/she shall be permitted
counsel of his/her choice. He/she shall have the right to appear before the
Board personally or through counsel and to present any fact, argument or
witness in his/her behalf or any matter pertinent to his/her case. He/she shall
be informed of all evidence, charges and adverse reports against him/her and
shall be given full opportunity to refute the same.
9. Disabilities - An officer referred to a board shall not be
considered for promotion to the next higher grade until the termination of his
case. He/she shall likewise be not eligible for schooling, local or abroad,
during the pendency of his/her case.

10. Relief from Assignment - Upon referral of his case to a Board,

the officer shall be relieved from his/her present duty assignment and
reassigned to the headquarters service unit of the major Service to which he
belongs or its equivalent in the other Major Services and GHQ during the
pendency of his/her case.
11. Board Recommendation; Action by Commander -
a. The Board shall recommend specifically in each case that
the Officer be retained or that he/she separated from the active service,
subject to the limitation in paragraph 2c of this Circular. It shall submit
complete a report of the case and the record of proceedings to the
commander to which it pertains. If retention in recommended and concurred in
by the commander, the case shall be considered closed and the officer shall
be notified thereof in writing.
b. The Commander to which the Board pertains may
remand a case to the Board for such further action or proceedings as, in his
opinion, is necessary for a full, fair and impartial investigation.
c. In all cases, the Board shall specify its record of
proceedings and resolution of the case the subparagraph of paragraph 2 of
Executive Order Nr 337, series of 1988, of that of paragraph 2, of this Circular
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/her duties, the intemperate use of drugs or
alcoholic liquor, or vicious or immoral habit, and such other matters as the
Board may deem pertinent.
d. If the Board determines that an officer’s separation is not
due to the foregoing causes, and he/she is eligible for retirement, it shall
recommend his/her retirement under the applicable provisions of the AFP
Retirement Law (PD Nr 1638, as amended).
11. Recommendations required to be Approved by the President –
a. The following recommendations of the Board shall be
forwarded to the President thru the Secretary of National Defense for final
decision:
(1) Separation from the service concurred in by the Commander
of the command to which the Board pertains; and
(2) Retention/Separation not concurred in by the Commander of
the command to which the Board pertains.
b. Recommendations made by Major Service Efficiency and
Separation Boards shall, together with the complete records of the case, be
coursed thru the Chief of Staff, AFP for notation, recording and monitoring
purposes.

c. The Secretary of National Defense may remand a case to

the Board of origin for such further action or proceedings as, in his opinion, is
necessary for a full, fair and impartial hearing or investigation.
13. Transitory Provision - All cases pending before the AFP
Efficiency and separation Board established under Executive Order Nr 475,
series of 1976, with the exception of those where proceedings have actually
been commenced with presentation of substantial evidence shall be
transferred to the appropriate Efficiency and Separation Board established
under EO Nr 337, series of 1988, and this Circular for appropriate
proceedings.
14. Rescission - Circular Nr 13, GHQ AFP, dated 24 September
1987 is rescinded.
15. Effectivity - This Circular takes effect immediately.
(SGD) FIDEL V RAMOS
President of the Philippines

156
HEADQUARTERS
PHILIPPINEARMY
Fort Andres Bonifacio, Metro Manila
1/ AAG
SUBJECT: Procedure in the Conduct of Philippine Army Efficiency and
Separation Board Hearings
TO: All Concerned
1. REFERENCES:
a. Executive Order Nr 337 dated 13 September 1988; Subj:
Prescribing Regulations Governing the Discharge or Separation by
Administrative Action of Officers of the Regular Force and Reserve Officers
on Extended Tour of Active Duty in the Armed forces of the Philippines.
b. Presidential Decree No. 1638; Subj: Establishing a New
System of Retirement and Separation for Military Personnel of the Armed
Forces of the Philippines and for other purposes.
c. Circular 13, GHQ. AFP dated 11 August 2000; Subj:
Discharge or Separation by Administrative Action of Officers in the Regular
Force and Reserve Officers on Extended Tour of Active Duty.
2. PURPOSE AND SCOPE: This Implementing Guidelines, Rules
and Regulations prescribes the procedure in the conduct of hearing of
complaint(s) against Regular Officers and Reserve Officers on extended tour
of active duty referred before the Philippine Army Efficiency and Separation
Board. In compliance to ref 1a above, the BOARD shall act with utmost
dispatch in each case and to promote expeditious action in every case
referred to it. The BOARD shall adopt such summary proceeding as are
consistent with the minimum requirements of administrative due process,
avoiding technicalities tending to unreasonably delay the disposition of cases.
3. DEFINITION OF TERMS:
a. BOARD - The Philippine Army Efficiency and Separation
Board shall be hereinafter referred to as the board. It composes of not less
than five (5) but not more than seven officers, one of whom is a member of
the Judge Advocate General’s Service who shall act as Law Member and
must be present during all hearings conducted by the Board. The Board
performs the function of a judge and jury and it is an investigative and an

157
evaluative board. They hear, discuss, and weigh the evidence, and determine
whether respondent Officer committed act of misconduct of such nature and
gravity that will warrant his discharged or separation from the service.
Membership in the Board must be equally represented by both regular and
reserve officers and the Chairman must be a regular officer.
b. CHAIRMAN - is the ranking member present at the
hearing and he must be a regular officer. If he is absent for the hearing of any
case before the Board, the next in rank shall automatically assumes as
Chairman for the time being.
c. LAW MEMBER - a law member must be a member of the
Judge Advocate General Service detailed with the Board. Without him, the
Board shall not receive evidence or vote upon its findings or sentence. He is
the legal adviser of the Board skilled in question of military law and procedure
and to make rulings on questions raised throughout the hearing. He guides
the Board in matters of procedure and clarifies points of law which may arise
during discussions in closed session. He has the power of other members and
votes equally with them on all question on which a vote is required.
d. ADVERSE REPORT - is the formal written accusation
against an officer for committing misconduct involving violation of military
rules, regulations, policies, instruction, directives and violation of criminal laws
of the Republic of the Philippines referred before the Board. (Annex – A)
e. MILITARY PROSECUTOR/S – They are the prosecuting
Officers designated to prosecute offenses of military officers committing
misconduct defined by Executive Order number 337 as implemented by GHQ
Circular 13 dated 11 August 2000. Preferably, a member of the Judge
Advocate General Service with a special training and legal knowledge abreast
not only on the science of military law but including the statutory law,
regulations, orders, and customs pertaining to the offenses of military persons
and their prosecution, hearing and punishment. He prepares the Adverse
Report and to successfully prosecute the case.
f. MILITARY DEFENSE COUNSEL/S – Preferably a
member of the Judge Advocate General Service designated to defend all
respondent before the Board. His services may be dispensed with upon
manifestation of respondent to exercise his right to choose counsel of his own
choice.
g. PAESB SECRETARY- The Section Chief of the ESB
Section, DLO Branch, OG1, PA shall act as the PAESB Secretary. He shall
have the power to issue subpoena ad testificandum duces tecum when
directed by the Chairman of the Board, in connection with cases pending
before the Board.
h. MISCONDUCT- is improper or wrong conduct. It is the
transgression of some established and definite rule of action, a forbidden act,
a dereliction of duty, willful in character and implies wrongful intent and not

158
mere error in judgment. (Surigao Del Norte Electric Cooperative Et. Al., Vs
NLRC)
i. CONFIDENTIALITY OF PROCEEDINGS AND
DECISIONS - the proceeding and decision of the Board shall be confidential
which shall be communicated directly to the Commanding General Philippine
Army for approval.
j. QUORUM; VOTE REQUIRED - A majority of all the
members present shall constitute a quorum. All decision of the Board should
be reached by a majority vote of the members present. In case the votes are
equal during the deliberation, Equipoise Rule shall apply. Presumption of
innocence of respondent must be upheld.
4. POLICIES:
The Philippine Army Efficiency and Separation Board shall
adopt and conduct its own hearing of cases guided by the procedure set forth
to promote expeditious action consistent with the minimum requirement in law
in the disposition of administrative cases which shall be terminated within the
period of 45 days to commence from the day of receipt for hearing by the
Secretary of the Board (Para 6b ref. c).
The Philippine Army Efficiency and Separation Board being an
administrative tribunal exercising quasi-judicial power, free from the rigidity of
certain procedural requirement are nonetheless bound by the law and to
observe the fundamental and essential requirement of due process. The
standard of due process that must be met in administrative tribunal allows a
certain degree of latitude as long as fairness is not ignored. The Board may
resolve a case based solely on the position papers, affidavits or documentary
evidence submitted by the parties. The Board is both investigative and
evaluative, such that it may conduct hearing on evidentiary matters and will
also evaluate the over-all value and performance of an officer in the service. It
will recommend only the retention or separation of an officer in the service.
The essence of administrative due process is that a party be
afforded a reasonable opportunity to be heard and to adduce any evidence he
may have in support of his defense. The Board shall be guided by the
following requisites:
Requisites of Administrative Due Process;
a. Right to a hearing, which includes, the right to present one’s
case and support evidence in support thereof;
b. Tribunal must consider evidence adduced;
c. Decision must have something to support itself;
d. Evidence must be substantial;
e. Decision must be based on evidence adduced, or at least
contained in the records and disclosed to the parties;

159
f. Independent consideration of evidence, and not rely on the
recommendation of a subordinate; and
g. The decision must state the facts and the law in such a way
that the parties can know the issues involved and the reasons for the
decision. (Ang Tibay v. cir 69 Phil 635).
What the law proscribes is absolute absence of the opportunity
to be heard, hence, a party cannot feign denial of due process when he has
been afforded the opportunity to present his case. (DBP et. Al., vs Court of
Appeals et. al.,) Moreover, there can be no denial of due process where a
party had the opportunity to participate in the proceedings but did not do so.
Due process is satisfied when the parties are given the
opportunity to submit position papers. In a case where a party has had ample
opportunity to present its side of the controversy, it cannot thereafter interpose
lack of due process for what the fundamental law abhors is simply the
absolute absence of opportunity to be heard. (CMP Federal Security Agency
vs NLRC, et. al.,)
The Chairman and the members of the Board are accorded
reasonable leeway to ask question/s from the witness/es as may be essential
to obtain relevant facts and to bring out the truth. They may seek to draw out
relevant and material testimony though that testimony may tend to support or
rebut the position taken by one or the other party. The duty to elicit
information to the end that justice will be served is often expedient and
necessary in the due and faithful administration of justice for the Board, in the
exercise of sound discretion, to question a witness in order that the judgment
may rest upon a full and clear understanding of the facts.
5. DUTIES:
a. OG1, PA
The Assistant Chief of Staff for Personnel, G1, PA thru
the Chief Discipline Law and Order, shall initiate thorough evaluation of a
case to determine the existence of Misconduct of such gravity that would
warrant the separation of an officer from the service taking into consideration
the legal evaluation of the Army Judge Advocate and that an appropriate
investigation has been conducted on a case prior to its referral to PAESB. He
shall request from OG2, APM, IG, OESPA, IMO, OAAG previous or present
derogatory records of respondent officer for incorporation in the case which
will reflect an officer’s over all value. Without which, he shall remand the
same to the unit of origin or to the Army Provost Marshall for investigation and
incorporation of said documents. In no instance shall the case of an officer be
referred to PAESB without the Investigation Report and the necessary referral
of the Commanding General Philippine Army.
160
b. PAESB SECRETARY
Upon referral of the case records with the attached
referral from the Commanding General Philippine Army, the PAESB Secretary
shall forthwith raffle the case/s and assign it to the PAESB. He shall cause the
necessary reproduction of such document equivalent to the number of
members of the Board and furnish each a copy for their scrutiny and perusal.
The Secretary PAESB (through C, DLO, OG1, PA) shall
cause the necessary request for an immediate relief of the respondent/s from
their unit assignment and placing them on a/u status with the Headquarters
and Headquarters Support Group to ensure their appearance/s during hearing
of his/her/their case/s before the board. (Para 10 of ref. 1b)
It is his responsibility to maintain the records of the
proceeding to ensure that the record accurately reflects everything that takes
place during the proceeding.
He shall cause the preparation of the venue, schedules
and notices of hearing and notification of the members of the board, the
respondents, and witnesses as well as the Notices to civilian counsel of
respondent, if there be any. He shall cause the transmittal of subpoena ad
testificandum and duces tecum to witnesses and perform other task as
directed.
c. PREPARATION OF THE ADVERSE REPORT
It shall be the sole responsibility of the Military Prosecutor
to cause the necessary preparation of the Adverse Report which shall include
among others record/s of previous derogatory conduct while in the service.
d. ADDITIONAL CHARGES
In cases where the Adverse Report was already
prepared, but respondent committed another act of misconduct prior to or
immediately thereafter but before the Adverse Report was read, the same
shall be incorporated to said report as additional charges. Thereby, the
Adverse Report shall be amended. If respondent committed another breach of
discipline or misconduct after the Adverse Report was read, another Adverse
Report will be prepared which should be tried jointly.
e. JOINT CHARGES
If two or more military officers acted jointly in the
commission of breach of discipline or an offense determinative of misconduct,
they shall be tried jointly unless either one of them demands a separate
hearing. However, in cases where respondent, during the progress of the
hearing of his case, left official station and after a period of ninety (90) days
reckoned from the date of his first day of absence, shall be proceeded
accordingly pursuant to AW 117.

161
f. SUMMONSES/THREE SUMMONS RULE
It shall be the duty of the PAESB Secretary to send
summonses directing the appearance of witnesses/respondents before the
board. Personal service of summons is preferred; however in cases where
personal service cannot be availed of, the following modes will suffice: a. For
civilians witness/respondent summons can be served via registered mail; b.
For military personnel summons can be served through the military
communication/correspondence system (such as a simple radio message). If
Prosecution witness and/or respondent’ witness was directed to appear for
hearing (for clarificatory questions) and that despite due notices sent to him
for three (3) consecutive times, at a week interval per notice, he unjustifiably
failed to appear, the Board, upon motion, from either the Prosecution and the
Defense, may order that the affidavit of said witness be stricken of the record.
If the witness is military personnel, he/she shall be made to explain and a
corresponding investigation shall be conducted for his/her non-compliance to
summonses. After due hearing, an appropriate administrative sanction shall
be imposed.
g. RECORDS OF PREVIOUS CONDUCT
The respondent records of previous conduct/ misconduct
shall be considered in deciding with finality the disposition of his case by the
Board. It is usually verified by a hard copy of i.e., Reprimand letter or similar
documents evidencing misconduct. IG, OESPA, APM and DLO Certificates
shall be obtained to determine presence of other cases of previous
misconduct.
h. WITHDRAWAL OF CHARGE/S
If evidence warrants that upon examination of the
records, another records surfaces e.i. Death Certificate of respondent,
Retirement/Separation Orders or the records do not warrant further action
neither constitutes any offenses, the case maybe ordered dropped and closed
upon the recommendation of the Secretary PAESB. If respondent/s was/were
previously reprimanded/admonished by his immediate commanding officer,
the same is subject to the final approval of the Commanding General,
Philippine Army which will also be the basis for the dropping and closing of
the case.
i. THE CHAIRMAN AND THE LAW MEMBER
Upon presentation of the respondent to the witness
stand, it is the duty of the Chairman or the Law-member to explain to the
respondent/s: the nature of the proceeding, the appointment authority of the
members of the Board, the right of the respondent to cross examine the
witnesses and his rights to call any witnesses or produce any evidence in his
own behalf and the right to be assisted of a counsel of his own choice.

162
The Chairman may grant continuance of hearing on
reasonable ground upon motion of either the Prosecution or the Defense. The
Board, may likewise motu propio adjourn the hearing or set a date for the
continuance thereof. He shall direct the proceeding of the Board, maintain
order, call or excuse witness/s, declare recess or adjournment.
It shall be the duty of both the Chairman and the Law-
Member to caution the other members from propounding
irrelevant/unnecessary questions, or that which may tend to embarrass the
witness.
j. THE MILITARY PROSECUTOR
The duly designated military prosecutors shall ascertain
the correctness of the Adverse Report prepared by them and shall study the
accompanying affidavits of witnesses. He shall plan how to present and
prosecute the case. He may prepare trial brief or trial notes as guide in
successfully proving the alleged misconduct in a case.
After the Chairman declares that the Board comes to
order, he shall make the opening statement by convening the Board
mentioning what particular Board is in session, member present and absent,
cases to be heard and its status. He shall coordinate from time to time the
Secretary of the Board for the calling of its witnesses to be subpoenaed to
ensure their attendance.
Prior to the Reading of the Adverse Report, he shall
apprise the constitutional rights of the respondent as enshrine in the
Constitution. If respondent desires to be assisted by a counsel of his own
choice, the reading of the Adverse Report will be hold in abeyance, unless
respondent is willing to be assisted by the duly designated military prosecutor
in which case, the reading will push through.
During the reading of the Adverse Report by the Military
Prosecutor or his assistant, the respondent shall stand together with his
designated military defense counsel or his civilian counsel of choice if he has
one.
Thereafter, he shall ask the respondent how he/she plead
to the Adverse Report (whether he admit or does not admit the allegation/s in
the report). If the respondent admits on the charge contain in the adverse
report the Prosecutor may rest its case by formally manifesting it to the Board.
Unless the Board ruled otherwise, the Prosecutor shall ascertain the
truthfulness and veracity of the evidence in the records. If respondent does
not admit, the prosecutor may manifest to the Board for the conduct of a Pre-
Trial Conference.

163
k. MILITARY DEFENSE COUNSEL
It is the duty of the Military Defense Counsel to defend
and protect the interest of the respondent thru legitimate means within the
bound of the law. He shall endeavor to inform the respondent and witnesses.
He shall provide and ensure the good defense of the respondent.
6. PROCEDURES:
The hearing shall be summary in nature.
a. READING OF THE ADVERSE REPORT
During the reading of the adverse report, the Prosecution
shall inform respondent’s of his/her/their constitutional rights under the
Philippine Constitution and shall endeavor to ascertain whether respondents
have fully understand his rights. Thereafter, the Prosecution shall read the
Adverse Report in open court.
b. PRE TRIAL CONFERENCE
1) The Pre- Trial Conference shall be attended by the
Chairman, Law-member, Military Prosecutors and Military Defense Counsel
for the Stipulation of Facts, limiting the issues and number of witnesses to be
presented by either party, marking for identification of exhibits, waiver of
objections to admissibility of evidence, number of days within which the
Prosecution and Defense Counsel will present their respective evidence; and
such other matters as would promote fair and expeditious hearing. (Para 6a,
ref 1b). This is done to simplify the issues and determine the possibility of
obtaining stipulations and admission from the parties.
2) The parties thereafter shall be ordered to submit,
within a period of seven (7) days reckoned from the date of the adjournment
of the Board, the affidavits of witnesses and other evidence on the factual
issues defined therein, together with brief statement of their positions setting
forth the law, the facts relied upon by them. (Though it is expected that
supporting affidavits are already attached to the adverse report, it is without
prejudice to the filling of additional affidavits at the discretion of the Board).
3) Upon receipt of the affidavits and other evidences,
the Secretary PAESB shall cause the convening of the Board at the soonest
possible time. Should the Board find, upon consideration of the pleadings, the
affidavits and other evidence, and position statement submitted by the parties,
that a judgment maybe rendered thereon without need of a formal hearing, it
may proceed to render judgment not later that fifteen (10) days from the
submission of position statements of the parties.
4) In cases where the Board deems it necessary to
hold a hearing to clarify specific factual matters before rendering judgment,
the Board shall set the case for hearing for the purpose. At such hearing,

164
witnesses whose affidavits were previously submitted may be asked
clarificatory questions by the proponent and by the Board and may be crossexamined
by the adverse party.
5) The Board shall not allow peremptory challenge.
Only challenge for cause shall be entertained. It is the duty of the Lawmember
to determine whether a challenge should be sustained or not
sustained. The party making the challenges has the burden of proving the
disqualification of the member challenged.
6) No postponement of scheduled hearing shall be
permitted unless shown in meritorious case;
7) The sworn statement being identified by the affiant
as his/her own during the hearing shall be sufficient to constitute as his/her
direct testimony, in which case, cross examination may proceed immediately.
7. RECEPTION OF PROSECUTION/ DEFENSE EVIDENCE AND
EXAMINATION OF WITNESSES
a. The Prosecutor will proceed to call and examine
his witness/s. The Board is likewise empowered to ask questions when in its
opinion will give them the opportunity to grasp the issues involve so as to
decide the case APPROPRIATELY AND JUDICIOUSLY.
b. When the witness is summoned to appear before
the Board, he will proceed to the witness stand, salute to the Chairman, and
raise his right hand while the Prosecutor administers his oath. The Prosecutor
will ask the witness for the Prosecution and the Defense, the preliminary
questions as to their identity and as to whether they know the respondent
before the Board. If prosecution witness is presented, the Prosecutor will
examine him and subject to cross examination by the Defense Counsel. If
defense witness is presented, the Defense Counsel will likewise conduct its
direct examination. At the conclusion of his testimony, the witness will then
salute the Chairman before leaving the premises.
c. Direct Examination - its purpose to present to the
Board by witnesses a word picture of fact proving or tending to prove the
contention of the side calling them. Leading questions, i. e., questions which
suggest the answer, are not ordinarily permitted on direct examination
d. Cross-Examination - the examination should be
limited to matters having a bearing upon the testimony of the witness on direct
examination. Its purpose is to test the credibility of the witness i. e., he may be
asked as to his relationship with the respondent, his interest, his motives, his
inclination, and prejudices, his means of obtaining a correct and certain
knowledge of fact he is testifying, his powers of discernment, memory and
description. Leading questions may be asked on cross-examination.

165
e. Redirect and recross-examination - the
examination herein will be confined to matters brought out on the crossexamination,
and the recross-examination will be confined to matters brought
out on the redirect examination. In the interest of truth and justice, the Board
should be liberal in relaxing the rules.
f. Examination by the members of the Boardafter
the Prosecution and the Defense conducted its examination, the Board
may ask a witness other than the respondent any question to ferret out the
truth and to determine if misconduct is committed by respondent or not.
g. Objection- the Prosecutor and the Defense
Counsel may make timely objection to the admission of any incompetent or
irrelevant evidence and it is incumbent upon the Law-Member to rule on the
objection being raised. The law member must exercise sound discretion in
determining the ruling to be made.
h. Common hearing-Two or more respondents may
be jointly tried and heard before the Board, unless, a proper manifestation is
being raised where a party opted to be heard separately.
i. Deposition taking- The Board may order for the
taking of the deposition of witness/es, when in the interest of justice so
requires for the just and speedy disposition of the case. It is intended to save
time and expense of having a witness brought to the Board.
j. Motion- The following motion shall be deemed
prohibited in these proceeding; namely: Motion to dismiss, Motion for Bill of
particulars and dilatory motion including but not limited to motions for
extension of time, motion of reconsideration and or reinvestigation.
8. FORMAL OFFER OF EVIDENCE:
The Military Prosecutor and the Military Defense Counsel
may take its final argument at the conclusion of the hearing of any case
subject to the ruling of the Board. The Prosecution may rest its case by
formally offering its evidence and manifest that the case on hearing be
deemed submitted for deliberation. Likewise, the defense may rest its case
and make a formal offer of evidence after presenting evidence for the defense
and will also manifest that the case on hearing be deemed submitted for
deliberation.
9. DELIBERATION:
This is the final stage of the Proceeding whereby the
Board will decide the merit of the case of respondent Officer after hearing the
case taking into consideration all available evidence presented by both the
Prosecution and the Defense. This will be done in closed door deliberation
and each member voting separately thru secret balloting.

166
Illustration
Before the Board, the Law-Member may give the following
instruction:
“There appears to be no other questions from the members and
the Prosecution and Defense having been rested their case, the Board is
advised that it must now close with finality, by secret balloting, deciding
whether respondent in this case be retained or separated from the military
service”.
In determining an officers’ suitability or fitness to remain in the
service, the Board shall weigh the officers’ proficiency, experience,
accomplishment, attitude, ability, character and general value to the service.
Due weight shall be given to such findings and recommendations of the Board
pursuant to RA No. 291, as amended, as they have bearing on the officer’s
fitness for retention in the service. No weight shall be attached, to any
political, social, financial or any other factor not military in nature.
10. REPORT OF PROCEEDINGS:
The necessary report of proceeding shall be prepared following
the prescribed format as contained in Annex B. Said report shall establish the
basis of the decision of the board such as the exculpatory facts as well as the
overall assessment of the efficiency of the Officer. Likewise, the specific acts
or omissions (Misconduct, Failure to perform his duty, the intemperate use of
drugs, alcoholic liquor, or vicious or immoral habits) for which the respondent
is being charged shall be discussed. In all instances, the Board through its
Chairman, shall exert effort to comply with the reglementary period of
termination of the case of not more than forty five (45) days from the day of
receipt thereof for trial by the Secretary PAESB.
11. RESCISSION: All publications not consistent with the provision
of this IGRR are hereby rescinded. Pertinent provisions of EO 337, s-88 as
well as of GHQ Circular 13 dtd 11 Aug 00 are hereby incorporated as forming
part of this IGRR.
12. EFFECTIVITY: This IGRR shall take effect immediately
upon publication.
BY COMMAND OF LIEUTENANT GENERAL YANO:
EDUARDO B ANDES
Colonel AGS (GSC) PA
Adjutant General

167
“Annex B”
HEADQUARTERS
PHILIPPINEARMY
EFFECIENCY AND SEPARATION BOARD
Fort Andres Bonifacio, Metro Manila
ESB-A
SUBJECT: Report of Proceeding of the PAESB-A
Re: Case of CPT JUAN DEL CRUZ JR
0-12213 (CAV) for Immorality
TO: The Commanding General, PA
Post
THRU: The Asst Chief of Staff for Personnel, G1
1. AUTHORITY:
1. The Philippine Army Efficiency and Separation Board
rested pur to EO Nr 337 dtd 13 Sep 88 and DND Circular 47, Series of 1989,
to pass upon the discharge or separation from the service of Regular and
Reserve Officers on extended tour of active duty. The member of the Board,
are:
MGEN EFREN P ORBON AFP -Chairman
COL NEMESIO I DABAL JAGS (GSC) -Law member
COL JAIME E PALOLAN FA (GSC) PA -Member
COL RAUL J AVELINO QMS (GSC) PA -Member
COL FRANCISCO M PATRIMONIO INF (GSC) PA-Member
2. The designated Prosecutors and Military defense
Counsels are the following:
LTC JOEL ALEJANDOR S NACNAC (INF) PA -Prosecutor
MAJ ROMEO F DELOS SANTOS (AGS) PA -Co-Prosecutor
CPT ROSEL L TAN JAGS (PA) -Co-Prosecutor
CPT RHENIE S RENIDO JAGS (PA) -M D C
CPT ROLANDO C ESCALONA JR JAGS (PA) -Co-MDC
II. PURPOSE OF THE PROCEEDINGS:
3. The purpose of the proceeding is to determine the fitness
or suitability of CPT JUAN DELA CRUZ 0-122139 (CAV) PA to remain in the
military service in view of the adverse report against him for immorality.
FORMAT OF THE REPORT OF PROCEEDING

168
III. STATEMENT OF THE FACTS:
4. This pertains to the administrative case of CPT JUAN
DELA CRUZ O-122139 (CAV) PA for Immorality.
5. During the reading of the Adverse Report on 19 March
2005, CPT JUAN DELA CRUZ 0-122139 (CAV) PA was properly apprised of
his constitutional rights as mandated by law, rules and regulation. He was
assisted by his Civilian Counsel of Choice in the person of Atty. TIBORCIO G
YABANG and CPT ROLANDO C ESCALONA JR JAGS (PA), the designated
Military Defense Counsel. Subject Officer was informed that he was being
tried before the Board for Immorality, and the Board will determine his fitness
and suitability to remain in the active military service.
6. The Adverse Report was read by the Prosecutor to which
the respondent Officer personally entered his plea and commented that the
contents of the Charge/ Adverse Report were not true.
7. During the trial, the Prosecution presented and marked
pieces of documentary evidence to support the charge in the Adverse Report.
They are arranged and chronologically marked as follows:
1. EXH “A” – Adverse Report dtd 27 March 2005 signed by
CPT ROSEL L TAN JAGS (PA), Prosecutor.
2. EXH “B” – STL dtd December 3, 2004 from LT GEN
GENEROSO S SENGA AFP, referring the case of CPT JUAN DELA CRUZ
PA, before the PAESB.
3. EXH “C” – DF from CS, PA to CG, PA dtd 23 Nov 04,
approving the referral of subject Officer to PAESB to determine his fitness and
suitability to remain in the military service.
4. EXH “D” – DF from AJA to CO, APMC dtd 17 Sep 04,
referring the case of subj Officer to PAESB.
5. EXH “E” – IR from APM addressed to the Commanding
General PA, Attn: G1, PA signed by COL MANUEL M LAGRA INF (GSC) PA,
Investigating Officer, dtd 15 Sep 04, recommending for the referral of subj O’s
case before the PAESB.
The aforementioned exhibits were subject of stipulation by the
Prosecution and the Defense.
The Prosecution then present the following witnesses:
COL MANUEL M LAGRA INF (GSC) PA, Deputy, Army Provost
Marshall testified that he conducted the investigation on the case of CPT
JUAN DELA CRUZ JR PA for cohabiting a woman not his wife, named Petra
T Colot of whom he sire two (2) children. He further testified that there was

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evidence and proof the subj O indeed committed immorality/Misconduct.
Thus, he recommended that subj O be referred to PAESB purposely to
determine fitness and suitability to remain in the military service
MAJ LEONIDAS HIDALGO 0-10208 (CAV) PA was presented a
second witness. He testified that he is presently the Commanding Officer of
the Rapid Deployment Force, LABde, PA at Camp O’Donnell, Capas, Tarlac.
The prosecution offered the following exhibits/evidences to
prove the allegation in the adverse report, to wit:
1. EXH “A” – Adverse Report. To prove that subj O was
charged before the PAESB.
2. EXH “B” – Letter from the Commanding General, PA
addressed to the Chairman, PAESB, Subject: Case of CPT JUAN DELA
CRUZ PA. To prove that the case of subj Offr was referred by the
Commanding General, PA to the Chairman of the board, in order to determine
his fitness and suitability to remain in the military service.
On the other hand, the Defense did not anymore present any
witness and, instead, offered the following documents:
1. EXH “A” – AFP Appraisal Report covering the period from
23 August 2004 to 01 February 2005, to prove that subj officer is a very good,
responsible and efficient officer in the AFP.
2. EXH “2” – Officers Evaluation Report covering the period
from 06 Sep 2002 to 31 Dec 02 signed be COL RODRIGO MACLANG,
Commanding Officer to prove that subject Officer is responsible and efficient
officer in the service.
IV. FINDINGS:
The board, in closed session and secret balloting, deliberated
the administrative case against CPT JUAN DELA CRUZ PA on 28 November
2005 at the VIP Lounge, PA officer’s Club House, Fort Bonifacio, Metro
Manila. After an exhaustive and impartial deliberation, the Board, found
subject Officer not fit to remain in the military service due to his doubtful
integrity, substandard performance and low potentiality and for immoral
habits. Finally, the Board gave weigh and credence to the evidence
presented by the Prosecution during the trial, that respondent officer
cohabit a woman other than his lawful wife and despite the subsisting of
his marriage with Mrs Maria B Sugod .
V. RECOMMENDATION:
WHEREFORE, the foregoing considered, the Board
recommends that CPT JUAN DELA CRUZ 0-122139 (CAV) PA be separated

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from the military service without prejudice to separation benefits pursuant to
PD 1638, as amended.
Fort Andres Bonifacio, Metro Manila, 18 November 2005.
EFREN P ORBON
MGEN AFP
Chairman
NEMESIO I DABAL JAIME U PALOLAN
COL JAGS (GSC) PN COL FA (GSC) PA
Law-Member Member
RAUL J AVELINO FRANCISCO M PATRIMONIO
COL QMS (GSC) PA COL INF (GSC)
PA
Member Member