AWOL (Absence Without Leave) and the Armed Forces of the Philippines (AFP) Payroll
A comprehensive legal-practical guide (Philippine jurisdiction)
Disclaimer. This article is for informational and academic purposes only and does not create a lawyer–client relationship. Military pay matters are governed by constantly evolving executive and GHQ circulars; always check the latest AFP Finance Center and Department of National Defense issuances before acting on anything outlined here.
1. Key Concepts at a Glance
| Item | Core Rule | Practical Effect on Pay |
|---|---|---|
| “AWOL” | Article of War 62 (Commonwealth Act 408) – absence from duty without authority, < 30 days and no intent to abandon service. | Immediate hold on salary and all allowances from Day 1 of unexcused absence. |
| “Desertion” | Articles of War 58–61 & 63 – absence with intent to abandon, or ≥ 30 days continuous absence. | Court-martial; automatic forfeiture of all pay/allowances during absence and possible loss of retirement pay/gratuity. |
| “Dropped from the Rolls” (DFR) | AFP Regs G-108 / GHQ Circ No. 40-2012 (latest) – an administrative separation for 30 consecutive days AWOL when no court-martial is convened. | Pay stopped retroactive to Day 1; no terminal leave pay; benefits forfeited unless reinstated by CO/President. |
| “Forfeiture” | Manual for Courts-Martial (AFP) – a punitive sentence that may accompany confinement or dismissal. | Finance Center deducts the exact peso amount stated in the promulgated sentence from any accrued pay. |
2. Legal Foundations
Articles of War (Commonwealth Act No. 408, 1930)
- Article 62 – AWOL (absence without leave).
- Article 63 – Desertion (aggravated AWOL).
- Article 57 – Limitations on forfeitures (no more than two-thirds of basic pay may be withheld outside a dismissal).
Presidential Decree 1638 (AFP Retirement & Separation Benefits Act, 1979)
- §5(c) – Dishonorably separated members forfeit all retirement and separation benefits.
Republic Act 7055 (1989) – vests jurisdiction over ordinary crimes of soldiers in civilian courts, but purely military offenses (like AWOL) remain triable by court-martial.
Executive Order 292 (Administrative Code, 1987) & CSC Omnibus Rules on Leave – serve as gap-fillers when military regs are silent, e.g., computation of leave credits.
AFP Regulations & Circulars (Finance and Personnel):
- AFP Regs G-108 (Dropping From the Rolls).
- GHQ Circ No. 40-2012, G-1/OG Personnel – revised AWOL/DFA procedures.
- GHQ-J1/AFPFC Joint Memo - “Automatic Stop Pay Authority (SPA)” – triggers payroll suspension at 0001H of Day 1 AWOL.
- DBM-DND Joint Circular No. 1-1999 – base pay and longevity pay computation, cited when clawing back over-paid amounts.
3. How AWOL Is Processed
| Timeline | Commander’s Action | Payroll Impact |
|---|---|---|
| Day 0–3 | Immediate Superior dockets the person as Absent; issues “Call-Up” memo. | AFP Finance Center (AFPFC) places a pay hold flag (no disbursement, but no forfeiture yet). |
| Day 4–29 | Personnel status becomes AWOL; Unit J1 endorses Police/Military Provost search or Show-Cause order. | Pay & all subsistence, hazard, flying/combat, quarters, clothing, proficiency, and incentive allowances are stopped. |
| Day 30 | CO may: (a) initiate court-martial for Desertion, or (b) recommend Drop From Rolls (DFR) under AFP Regs G-108. | If court-martial: finance waits for sentence, then executes forfeiture. If DFR: finance processes forfeiture of pay from Day 1, cancels leave credits, and updates BIR/GSIS/AFPRSBS records. |
| Post-DFR or Conviction | Decision reviewed by Service HQ and transmitted to AFPFC. | Finance Center issues an SPAS (Stop-Pay-And-Separation) order; any over-paid amounts become collectibles recorded in the salary clearing ledger. |
4. What Exactly Gets Lost
4.1 Base Pay & Longevity Pay
- Entire period of unauthorized absence is non-creditable for pay and also does not count toward longevity or retirement length-of-service.
- If reinstated without exoneration, the period remains lost time – it must be “made good” (added to ETS/retirement date).
4.2 Allowances & Bonuses
| Benefit | Rule if AWOL | Note |
|---|---|---|
| Hazard Pay / Combat Duty Pay | Lost in full for each day AWOL. | 60-day continuous presence rule to qualify each quarter. |
| Subsistence & Clothing Allowance | Lost; over-payments are collected back. | Finance Center may deduct from last pay. |
| Mid-Year Bonus / 13th-Month Pay | Requires “at least four months of satisfactory service” in the applicable fiscal year; AWOL days break continuity. | Typically forfeited if AWOL spans 30+ days in the bonus computation period. |
| Performance-Based Bonus (PBB) | “No pending administrative/criminal case” requirement; an unresolved AWOL disqualifies the member and sometimes even the entire unit rating. |
4.3 Retirement & Separation Benefits
| Scenario | Pension / Gratuity Result |
|---|---|
| Dismissal with dishonorable discharge (by court-martial sentence) | Total forfeiture of gratuity and monthly pension under PD 1638 §5(c). |
| Dropping From Rolls (administrative) | Generally treated as an honorable separation only if the member later presents a valid excuse and is restored to duty before retirement; otherwise, loss of pension. |
| Resignation Before Court-Martial (rarely accepted) | Forfeits longevity pay credit for last AWOL period; may retain earlier vested benefits if separation is “honorable”. |
4.4 Leave Credits & Tax Impact
- Terminal Leave Pay (TLP) is converted to cash only for personnel honorably separated. An AWOL-dismissed member loses the right to monetize accumulated leave.
- BIR treats forfeited pay as never earned; previously withheld taxes on clawed-back amounts are refundable to AFPFC, not to the soldier.
5. Interaction with Loans and Deductions
- AFPSLAI / PAFCPIC / ACPC / other service-linked cooperatives – Loan amortizations cease because payroll source is stopped; civil action for collection may follow.
- AFPRSBS (retirement fund) contributions – employee share stops; employer share does not accrue. Withdrawals of personal contributions are permitted only after final separation and clearance of collectible accounts.
- GSIS coverage – AFP personnel are not GSIS members, but if detached to civilian agencies and covered, contributions for AWOL period are likewise suspended.
6. Reinstatement, Back Pay & Duty to “Make Good” Lost Time
Voluntary Return – If a soldier surrenders before a court-martial or DFR order is final, the commander may:
- Excuse the absence (e.g., force majeure), in which case back pay is restored and time counts for longevity.
- Impose Non-Judicial Punishment (NJP, “Summary Letters”) up to 30 days’ confinement on bread and water or forfeiture of up to 1/2 month pay (Art. 121 AW).
Exoneration by Court-Martial – Full back pay plus allowances must be paid; AFPFC charges against “Confidential & Intelligence Fund” line item per DBM opinion (1996-72).
“Lost Time” Repayment – Even when restored, §2-13, AFP Personnel Manual requires the member to complete the number of lost days after the normal retirement ETS.
7. Sample Jurisprudence & Administrative Precedents
| Case | G.R. No. / DND Case No. | Holding |
|---|---|---|
| People v. Viñas | Court-Martial CM-445-94 | AWOL of 5 days mitigated by typhoon; only reprimand, no forfeiture. |
| Ortega v. AFP Chief of Staff | DND-ABR-02-2011 | DFR for 36-day absence upheld; loss of leave monetization and reenlistment ban reaffirmed. |
| Paez v. Executive Secretary | G.R. 145304 (25 Jan 2002) | Dishonorable discharge bars all pension claims under PD 1638 despite 22 years of service. |
(Note: Most court-martial decisions are unpublished; these examples come from Defense-wide circulars and OP decisions.)
8. Comparative Notes (AFP vs PNP & Civil Service)
| Feature | AFP | PNP (RA 6975 & 8551) | Civil Service (CSC Rules) |
|---|---|---|---|
| Cut-off for DFR | 30 days | 30 days | 30 days |
| Triable forum | Court-martial (military offense) | Summary police courts / IAS | CS administrative proceedings |
| Retirement loss for AWOL dismissal | Yes (PD 1638) | Yes (RA 8551 §41) | Only if found guilty of “grave misconduct” & dismissed (RA 8291 §11) |
| Pay stoppage trigger | Day 1 via SPA flag | Day 1 via DPRM memo to PNP-FMS | After HR-approved DRO forms |
9. Practical Tips for Commanders & Finance Officers
- Flag the payroll early. An immediate Stop Pay Authority eliminates messy recoupments later.
- Document every attempt to contact the absentee. DFR decisions are frequently challenged for lack of due process.
- Coordinate with AFP Savings & Loan and RSBS. A “Collection Hold” memo prevents withdrawal of savings prior to settlement of over-payments.
- Explain “lost time” to returning personnel. Many reinstated soldiers are surprised they must make good AWOL days even after penalties.
- Maintain updated circular files. GHQ finance circulars on allowances change almost yearly; rely on the latest version.
10. Conclusion
AWOL is not only a disciplinary matter; it is a payroll and benefits landmine. Once flagged, all forms of military compensation stop on Day 1, and sustained absence leads to forfeiture of both short-term allowances and long-term retirement entitlements. Restoration is possible—but only when the soldier returns quickly, offers a legally acceptable justification, and is either acquitted or administratively exonerated. Commanders must therefore act swiftly yet meticulously, ensuring both due process for the absentee and prudent fiscal stewardship for the state.