See - http://www.gmanetwork.com/news/story/262935/news/nation/sc-insists-2-year-maximum-service-for-afp-reservists
"x x x.
The Supreme Court has insisted that reserve officers of the Armed Forces of the Philippines (AFP) who are called to duty can only serve a maximum of two years.
The court handed down the ruling as it dismissed a petition filed by Col. Jesus G. Cabarrus Jr of the Philippine Army, a reserve officer, asking for the "proper construction" of Republic Act 7077 or the "Citizen Armed Forces of the Philippines Reservist Act."
In 2000, the AFP called Cabarrus – then 60 years – into active service and assigned him as Group Commander of the Public Affairs Service of the AFP Reserve Command.
Five years later, the AFP relieved Cabarrus from his post after he reached the retirement age of 65. The reservist opposed his relief saying under Section 13 (3) of RA 7077, he could still stay in his post if he was "qualified and fit for duty."
Cabarrus elevated his complaint to the Supreme Court, after his letters of protest went unheeded by the AFP, the Department of National Defense and a Quezon City court.
But the Supreme Court, in a ruling written by Associate Justice Roberto Abad, denied Cabarrus' petition for declaratory relief with a request for the proper construction of Sec. 13 (3) of RA 7077.
In its ruling, the high court said the particular section of the law on military reservists does not apply to Cabarrus' case because he was not yet in a retirable age when he was called to duty by the AFP.
"The said provision applies only to retired reserve officers or citizen soldiers who are organized, trained, and maintained as mobilizable ready reserve, subject to call at any time to augment the regular armed force of the Armed Forces of the Philippines (AFP)," the court said.
"The same provision, however, does not apply to reservists who have been called to active duty in the regular armed forces such as Cabarrus who, at 60 years old, was called into active service by the AFP," the court added.
As to how long Cabarrus should have been allowed to stay in active service, the high court cited Section 53 of RA 7077, stating that "reserve officers in the inactive status shall be called to active duty for a period not exceeding two years without extension."
The court also stressed that the only time reservists should be called to active duty and hold commands in the AFP is when they need to "train... in order to improve their professional competence and leadership qualities." — LBG, GMA News
x x x."
