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THE contentious provision found in Senate Bill (SB) 1849 is on its proposed retroactive application. It provides, "The maximum tour of duty, compulsory retirement and tenure-in-grade provided herein shall apply to those officers appointed and/or promoted on or after July 1, 2022 under Republic Act [RA] 11709." Further, SB 1849 proposes to bring back to 56 years old or upon reaching their Maximum Tenure in Grade (MTiG) the compulsory retirement age of all officers except the chief of staff (CS) of the Armed Forces of the Philippines (AFP), major service commanders and Philippine Military Academy (PMA) superintendent. These generals/flag officers will compulsorily retire after serving their Maximum Tour of Duty (MToD), unless sooner terminated by the President. Is this retroactive application legally permissible?
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