Administrative Code of 1987/Book IV/Title VIII/Subtitle II/Chapter 7

by Corazon Aquino

Layout 2

Chapter 7—General Headquarters

Sec. 40. Functions.—The General Headquarters, AFP, shall:

(1) Serve as military advisor and staff to the Secretary of National Defense;

(2) Prepare strategic plans and provide for the strategic direction of the AFP, including the direction of operations of unified or specified commands;

(3) Prepare integrated logistic responsibilities in accordance with those plans;

(4) Prepare integrated plans for military mobilization;

(5) Provide adequate, timely and reliable joint intelligence for use within the Department;

(6) Review major personnel, material and logistic requirements of the AFP in relation to strategic and logistic plans;

(7) Review plans and programs of the Major Services and separate units to determine their adequacy, feasibility and suitability for the performance of their respective detailed plans;

(8) Participate in the preparation of combined plans or military action in conjunction with the armed forces of other nations;

(9) Recommend to the Secretary of National Defense the establishment and force structure of unified or specified commands;

(10) Determine the headquarters support, such as facilities, personnel and communications required by unified or specified commands, and assign the responsibility of providing that support to appropriate Major Services;

(11) Prepare and submit to the Secretary of National Defense for his consideration in the preparation of budgets and statements of military requirements based upon strategic war plans, tasks, priority of tasks, force requirements, and general strategic guidance for the development of military force;

(12) Advise and assist the Secretary of National Defense on research and engineering matters by submitting periodic reports on board strategic guidance, overall military requirements, and relative military importance of development activities to meet the needs of the AFP;

(13) Prepare and submit to the Secretary of National Defense recommendations to appropriate agencies concerning general strategic guidance for the development of industrial mobilization programs;

(14) Formulate policies and guidelines on the organization of the Major Services and other elements of the military establishment, the training of military forces, the employment of forces in the prosecution of tasks required by law, and the employment of forces to assist government agencies in the implementation of laws and regulations when so directed by higher authorities; and

(15) Perform such other functions as may be provided by law or assigned by higher authorities.

Sec. 41. Composition.—The General Headquarters shall be the command and control element of the AFP. It shall be composed of the Office of the Chief of Staff, Office of the Vice-Chief of Staff, the AFP General Staff, and other staff offices and units necessary for effective command and control of the AFP.

Sec. 42. The Chief of Staff.—(1) The Chief of Staff, under the authority and direction of the President and the Secretary of National Defense shall be responsible for the development and execution of the national defense programs and armed forces mission; and prescribe, in accordance with policies of the Secretary of National Defense, the organization, powers, functions and duties of the various staffs, services, installations and other units of the AFP.

(2) The President shall nominate and with the consent of the Commission on Appointments, appoint the Chief of Staff from among the general and flag officers of the basic services. He shall hold the grade of general (Four-Star) and shall if eligible be retired in such a grade, upon relief from his assignment.

(3) The tour of duty of the Chief of Staff shall not exceed three (3) years. However, in times of war or other national emergency declared by the Congress, the President may extend such tour of duty.

Sec. 43. Vice-Chief of Staff.—The Vice-Chief of Staff shall be the principal assistant of the Chief of Staff and shall perform the functions of the Chief of Staff during the latter’s absence or disability. He shall be appointed in the same manner as the Chief of Staff and shall hold the grade of Lieutenant General (Three-Star). He shall be retired in that grade if eligible for retirement after his relief from his assignment, unless appointed as Chief of Staff.

Sec. 44. The AFP General Staff.—The AFP General Staff shall advise and assist the Chief of Staff in the performance of his functions and in the accomplishment of the tasks of the General Headquarters. It shall be headed by the Deputy Chief of Staff, who shall be appointed by the Chief of Staff. The AFP General Staff shall be a joint staff. The various General Staff Offices shall each be headed by a Deputy Chief of Staff whose appointment and tenure shall be determined by the Chief of Staff. The organization, functions and duties of the General Staff shall be prescribed by the Chief of Staff.

Sec. 45. Authority to Reorganize the General Headquarters.—(1) The Secretary of National Defense, upon recommendation of the Chief of Staff in the interest of efficiency and economy, may:

(a) Establish and organize staffs, offices and units in the General Headquarters in addition to the Armed Forces General Staff, and prescribe the titles, functions and duties of their members;

(b) Abolish existing staffs, offices and units in the General Headquarters not specifically provided in this Chapter or by any other provision of law, or transfer or consolidate their functions and duties with other staffs, offices or units; and

(c) Abolish the position of any Deputy Chief of Staff or any general sta office and transfer or consolidate its functions and duties with those of another Deputy Chief of Staff or General Staff Office.

(2) If the President does not prescribe otherwise, the organization, functions, and duties of various staffs, offices and units in the General Headquarters shall continue as provided under existing laws and regulations not in conflict with provisions of this Chapter.