GR 180966; (June, 2012) (Digest)
G.R. No. 180966 ; June 13, 2012
COL. JESUS G. CABARRUS, JR., PAF (Res.), Petitioner, vs. HON. SECRETARY OF NATIONAL DEFENSE, THE CHIEF OF STAFF, AND THE COMMANDING GENERAL, RESERVE COMMAND, AFP, Respondents.
FACTS
Petitioner Col. Jesus G. Cabarrus, Jr., a reserve officer of the Philippine Air Force, was called to active duty in the year 2000 and installed as Group Commander of the Public Affairs Service of the AFP Reserve Command. At the time of his call, he was already 60 years old, placing him within the Third Category Reserve under Republic Act No. 7077 . Upon reaching the age of 65 in March 2005, he was subsequently relieved from his post in December 2005 pursuant to a circular announcing the retirement of reservists who had reached that age. Col. Cabarrus protested his relief, arguing he was still physically and mentally fit for duty, and filed a petition for declaratory relief with the Regional Trial Court to challenge the interpretation of the law mandating his retirement.
The Regional Trial Court dismissed his petition. Col. Cabarrus elevated the case to the Supreme Court, contending that his relief was improper. The core dispute centered on the proper construction of Section 13(3) of R.A. 7077, specifically whether a Third Category reservist called to active duty is automatically retired upon reaching age 65.
ISSUE
Whether or not Col. Cabarrus, a Third Category reservist called to active duty, is automatically retired under Section 13(3) of R.A. 7077 upon reaching the age of 65.
RULING
The Supreme Court denied the petition and upheld Col. Cabarrus’s relief from active service. The Court’s ruling was anchored on a systematic interpretation of R.A. 7077. The law categorizes reservists by age: First Category (18-35 years), Second Category (36-51 years), and Third Category (above 51 years). A separate classification under Section 13 organizes them into Ready Reserve, Standby Reserve, and Retired Reserve based on operational readiness.
The Court clarified that Third Category reservists, like petitioner, generally belong to the Standby Reserve, which may only be mobilized in times of national emergency or war. While they may volunteer for the Ready Reserve, their active duty tour is expressly limited by Section 13(3) to a maximum of two years without extension. The Court found that Col. Cabarrus, having been called to active duty in 2000 and relieved in 2005, had already served well beyond this statutory two-year limit. Consequently, his continued service was no longer authorized by law. The argument of physical fitness was rendered immaterial, as his relief was mandated by the expiration of the permissible tour of active duty under the statute, not by an assessment of his capacity.