Executive Order No. 389




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ EXECUTIVE ORDER NO. 389, December 23, 1950 ] REORGANIZING THE ARMED FORCES OF THE PHILIPPINES Pursuant to the powers vested in me by Republic Act Numbered Four hundred twenty-two, I, ELPIDIO QUIRINO, President of the Philippines, do hereby order that the Armed Forces of the Philippines shall be organized as follows: Section 1. There shall be a Chief of Staff who shall execute the President’s command functions in relation to military strategy, tactics and operations. He is the immediate adviser of the Secretary of National Defense and is responsible for the planning, development and execution of the national defense program as prescribed by the Secretary of National Defense. He has command of all elements of the Armed Forces. He is authorized to prescribe, subject to the approval of the Secretary of National Defense, the organization, functions, duties and powers of the various Staffs, Services, installations and other units of the Armed Forces. He may issue from time to time such detailed instructions regarding personnel, funds, records, property, routing of correspondence and such other matters as may be necessary to carry out the provisions of this Order. Orders, regulations, directives and instructions are published in the name of the Chief of Staff, by order of the Secretary of National Defense. The Commanding General, Armed Forces of the Philippines, shall hereafter be known and designated as Chief of Staff, Armed Forces of the Philippines. VICE CHIEF OF STAFF Section 2. There shall be a Vice Chief of Staff with the rank of Brigadier General who shall be designated by the President. The Vice Chief of Staff shall assist the Chief of Staff and perform his functions during his absence or inability. The Deputy Commanding General, Armed Forces of the Philippines, shall hereafter be known and designated as the Vice Chief of Staff, Armed Forces of the Philippines. DEPUTY CHIEF OF STAFF Section 3. There shall be a Deputy Chief of Staff with the rank of Colonel who shall be designated by the Chief of Staff. The Deputy Chief of Staff shall exercise general supervision over the General, Special, Administrative and Technical Staffs and Services. Within the Office of the Deputy Chief of Staff, there shall be created the Office of the Secretary to the General Staff. The Secretary General Staff shall be the Executive Officer of the Chief of Staff, Vice Chief of Staff and Deputy Chief of Staff, and shall perform such other functions as may be assigned by the Deputy Chief of Staff. GENERAL MILITARY COUNCIL Section 4. A General Military Council is hereby created to be composed of the Chief of Staff, Armed Forces of the Philippines, the Vice Chief of Staff, the Deputy Chief of Staff and all the Commanders of the Major Services and Area Commands to advise the Secretary of National Defense on broad military policy. ARMED FORCES GENERAL STAFF Section 5. There shall be an integrated Armed Forces General Staff which shall be composed of the Chief of Staff, the Vice Chief of Staff, who takes the place of the Chief of Staff in his absence or inability, the Deputy Chief of Staff, and such other officers of grades not below that of first lieutenant as may be detailed thereto from time to time by the Chief of Staff. The officers of the Armed Forces General Staff shall be composed of such number of officers from all the Major Services as may be necessary. Assignment to, or relief from, the Armed Forces General Staff shall be accomplished under such rules and regulations as the Chief of Staff may prescribe with the approval of the Secretary of National Defense. DIVISION OF THE GENERAL STAFF Section 6. (a) The Armed Forces General Staff shall be organized into four Divisions, each under the direction of an Assistant Chief of Staff, as follows: (1) G-1, Personnel and Administrative Division; (2) G-2, Intelligence Division; (3) G-3, Organization, Operation, Plan and Training Division; and (4) G-4, Logistics Division. (b) The Assistant Chiefs of Staffs, will— (1) Prepare current and long range policies and plans for the national security for the use of the various armed services, both separately or as an integrated team, for recruiting, organizing, supplying, equipping, training, serving, such armed services as will assist the execution of any power vested in, duty imposed upon, or function assigned to, by the Secretary of National Defense. (2) Investigate and report all questions affecting the efficiency of the Armed Services and their state of preparation for military operations; (3) Prepare general instructions for the execution of approved plans end policies and to supervise the execution of such policies, plans and instructions; (4) Insure against unnecessary duplication and over-lapping of activities in the Armed Services; and (5) Perform such other duties not otherwise assigned by law as may be prescribed by the Secretary of National Defense. (c) Only officers in the General Staff Corps Eligibility List may be assigned to the Armed Forces General Staff, but if not enough officers are available to fill the necessary General Staff positions, officers from other branches may be assigned. However, such assignment alone does not confer eligibility to the General Staff Corps Eligibility List. ARMED FORCES SPECIAL, ADMINISTRATIVE AND TECHNICAL STAFFS Section 7. (a) The following constitute the Armed Forces Administrative Staff under the Chief of Staff: (1) The Inspector General’s Service; (2) The Adjutant General’s Service; (3) The Judge Advocate General’s Service; (4) The Chaplain’s Service; (5) The Finance Service. (b) The following constitute the Armed Forces Technical Staff under the Chief of Staff: (1) The Corps of Engineers; (2) The Ordnance and Chemical Service; (3) The Quartermaster and Transport Service; (4) The Signal Corps; and (5) The Medical Service. Section 8. The members of the Armed Forces Special, Administrative and Technical Staffs shall have their respective offices and such assistants as the Secretary of National Defense may prescribe. They shall be responsible for the efficient performance of the duties pertaining to their respective branches and for the proper execution of all orders and instructions prescribed by the Secretary of National Defense or the Chief of Staff. MAJOR SERVICES AND AREA COMMANDS Section 9. (a) The Armed Forces of the Philippines shall be divided into four major services and such other permanent installations, separate commands, or task forces as may be created by authority of the President. (b) The Four Major Services are the following: (1) Philippine Army; (2) Philippine Constabulary; (3) Philippine Air Force; and (4) Philippine Navy. (c) There shall be four Military Areas designated as the First, Second, Third and Fourth Military Areas. The President may abolish a Military Area or create new ones whenever he deems it necessary. PHILIPPINE ARMY Section 10 (a) The Philippine Army includes land combat and service forces and such other units as may be organic therein. It is organized, trained and equipped primarily for prompt and sustained combat operations on land. (b) It shall be the function of the Philippine Army— (1) To organize, train and equip Army forces for the conduct of prompt and sustained combat operations on land, specifically, to defeat enemy land forces and seize, occupy and defend land areas; (2) To develop, in coordination with the other Major Services, tactics, technique and equipment of interest to the Army for field operations; (3) To train, organize and equip all Army reserve units; and (4) To perform such other functions as the President may direct. PHILIPPINE CONSTABULARY Section 11. (a) The Philippine Constabulary includes the units and services as may be organic therein. As a national police force it is organized, trained and equipped primarily for the enforcement of law and order in the Philippines. (b) The provisions of sections 832, 833, 834 835, 836, 837, 838, 839, 840 and 848 of the Revised Administrative Code, as amended, which are .hereby declared in force and effect, shall govern the members of the Philippine Constabulary in the exercise of their authority and duties as peace officers and in their relation with provincial and municipal law enforcement agencies and officials. (c) In time of emergency, the Philippine Constabulary may be employed to perform home defense responsibility in rear areas and such other service as the Chief of Staff may direct. PHILIPPINE AIR FORCE Section 12. (a) The Philippine Air Force includes air combat and service forces. It is organized, trained and equipped primarily for prompt and sustained combat operations in the air. Of the major services, the Air Force has primary interest in operations in the air. (b) It shall be the function of the Philippine Air Force— (1) To organize, train and equip Air Force Forces for prompt and sustained operations in the air, specifically: to be responsible for the defense of the Philippines against air’ attacks, to gain and maintain air superiority and to control vital air areas; (2) To organize, train and equip Air Force Forces for close support of surface forces; (3) To develop doctrines, procedures, tactics, technique and equipment for operations peculiar to the Air Force; (4) To develop, in coordination with the other Major Services and area commands, doctrines, procedures, tactics, technique and equipment for joint operations; (5) To furnish aerial photography for cartographic purposes, in coordination with other government agencies concerned; and (6) To assume such other functions as the President may direct. PHILIPPINE NAVY Section 13. (a) The Philippine Navy includes all naval forces, combat vessels, auxiliary crafts, naval aircrafts, shore installations, supporting activities, and the personnel necessary to carry out all the functions of the Service. Of the major services, the Philippine Navy has primary interest in operations at sea. (b) It shall he the function of the Philippine Navy— (1) To organize, train, equip, maintain and operate naval forces and naval aircrafts including naval reserve units, necessary to provide the water-borne support and assistance required by the Armed Forces of the Philippines in the accomplishment of its mission; (2) To assist the proper governmental agencies in the enforcement of laws and regulations pertaining to navigation, immigration, customs revenue opium, quarantine, fishing and neutrality in the territorial and contiguous waters of the Philippine Archipelago; (3) To develop, in coordination with the other major services and area commands the doctrines, procedures, and naval equipment for joint operations, and the doctrines and procedures for amphibious operations; (4) To be responsible for the naval phases of reconnaissance, anti-submarine warfare and the protection of shipping; and (5) To perform such other duties as the President may direct. The Philippine Naval Patrol shall hereafter be known and designated as the Philippine Navy, Armed Forces of the Philippines. TENURE OF OFFICE Section 14. The normal tour of duty of the Chief of Staff, and the Vice Chief of Staff shall be for a period of three years unless sooner terminated by the President. He may however extend their tenure at his discretion. MISCELLANEOUS Section 15. Changes in the designation of officers, headquarters, offices, installations and activities of the Armed Forces of the Philippines to conform to the provisions of this Order shall be made as the Secretary of National Defense may determine. All laws, orders, regulations, and other actions relating to any officer, headquarters, office, installation or activity whose designation is changed pursuant to this Order shall, in so far as they are not inconsistent with the provisions of this Order, be deemed to relate to the officer, headquarters, office, installations or activity newly designated. Section 16. The power of executive supervision and all authority and duties heretofore exercised by the Secretary of the Interior in relation to the Philippine Constabulary or its individual members are hereby transferred to and shall hereafter be exercised by the Secretary of National Defense. Any mention of the Secretary of the Interior in any existing law, rule or regulation affecting the Philippine Constabulary or its individual members shall in so far as it pertains to the Philippine Constabulary or its individual personnel, be understood to refer to the Secretary of National Defense. Section 17. With the approval of the Secretary of National Defense, the Chief of Staff shall prescribe the uniform and insignia of officers and enlisted men of the Armed Forces of the Philippines. Section 18. The Armed Forces of the Philippines is hereby authorized to make direct purchases without the intervention of the Procurement Office, under such rules and regulations as may be recommended by the Secretary of National Defense and approved by the President, of specific materials, supplies and equipment of military character. Section 19. Notwithstanding the foregoing provisions, the President of the Philippines may, in the interest of public order and safety, economy, efficiency and simplicity, abolish or modify existing Major Services and Area Commands, staff divisions and sections, services, installations, task forces and other units, and establish new ones, and assign to and prescribe for them such functions, duties and powers as may be necessary to carry out the national defense program. Section 20. The current appropriations for the Armed Forces of the Philippines shall be adjusted from time to time by the Secretary of National Defense as he deems necessary, with the approval of the President. LAWS REPEALED Section 21. Executive Order No. 308, dated March 30, 1950; Sections 98 to 117 of Executive Order No. 94, dated October 4, 1947; and all other laws and regulations, or parts thereof, inconsistent with the provisions of this Order are hereby repealed. EFFECTIVE DATE Section 22. This Order shall take effect on December 23, 1950.1a⍵⍴h!1 Done in the City of Manila, this 23rd day of December, in the year of Our Lord, nineteen hundred and fifty, and of the Independence of the Philippines, the fifth. (SGD.) ELPIDIO QUIRINO President of the Philippines By the President: (SGD.) TEODORO EVANGELISTA Executive Secretary The Lawphil Project - Arellano Law Foundation