HEADQUARTERS

ARMY RESERVE COMMAND

Camp Riego de Dios, Tanza Cavite

Implementing Guidelines on NSTP-ROTC Component

BACKGROUND

The history of the ROTC Program started with the enactment of Commonwealth Act Nr 1, otherwise known as the National Defense Act of 1935 requiring the compulsory military training for all college students, This act was implemented through Executive Order Nr 207 issued by President Manuel L Quezon to prepare the youth for the defense of the state.

The National Defense Act was amended in 1990 by Presidential Decree 1706 (The National Law) which offered the three (3) components of National Service Program namely: Military Service (MS) Civil Welfare Service (CWS), Law Enforcement Service (LES) with DND, CHED & DILG respectively as implementing agencies. However, concerned agencies were not prepared to implement the CWS and LES components, thus MS program was the only program pursued in colleges and universities. In 1991, RA 7077, otherwise known as the AFP Reservist Act was enforced prescribing for a two (2) year ROTC Program as a requirement for graduation to all tertiary level students.

In 1994, a tripartite committee was formed among DND, CHED & DILG representatives modifying the traditional two (2) year ROTC Program into Expanded ROTC Program which provide for a mandatory Military Training for the first curriculum year an option to pursue either Military Service (MS), Civic Welfare Service (CWS) or Law Enforcement Service (LES) on the second year. In SY 2000-2001, the ardent clamor by some sectors to abolish the ROTC Program (NSTP) amending RA 7077 and PD 1706. Finally, Republic Act 9163 (National Service Training Program Act of 2001) was assigned by President Gloria Macapagal Arroyo on 23 January 2002 and promulgated on 23 March 2002.

The National Service Training Program (NSTP) now being implemented offers three (3) components namely: Reserve Officers Training Corps (ROTC), Literacy Training Service (LTS) and Civic Welfare Training Service (CTWS) for a period of one (1) year or two (2) semesters. Effective on the 1st Semester of Academic Year 2002-2003, all freshmen male and female students in the tertiary level are mandated to finish within one (1) year any one of the three (3) components as a prerequisite for graduation from any baccalaureate degree course or from any two (2) year technical/vocational course.

DEFINITION OF TERMS

The following terms are defined to distinguish the ROTC from other components of NSTP and for purposes of this directive.

a. National Service Training Program (NTSP) – refers to the program aimed at enhancing civic consciousness and defense preparedness in the youth by developing the ethics and patriotism while undergoing training any of the three (3) Program components, especially designed to enhance the youth’s active contribution to the general welfare;

b. Reserve Officer’s Training Corps (ROTC) – refers to the program component institutionalized under sections 38 and 39 Republic Act No. 7077 designed to provide military training level students in order to motivate, train, organize and mobilize them for national defense preparedness;

c. Literacy Training Service (LTS) – refers to the Program component designed to train the students to teach literacy and numeracy skills to school children, out-of-school youths and other social welfare services;

d. Civic Welfare Training Service (CWTS) – refers to the Program component or activities contributory to the general welfare and the betterment of life for the members of the community or the enhancement of its facilities, especially those devoted to improving health, education, environment, entrepreneurship, safety, recreation and moral citizenry and other social welfare services;

e. Program Component – refers to the service components of the NSTP as defined herein:

f. Clustering – refers to the grouping of students enrolled in different schools and taking up the same NSTP components into one (1) group under the management and supervision of a designated school;

g. Cross Enrollment – refers to a system of enrollment where a student who is officially enrolled in an academic program of a school is allowed to enroll in the NSTP component of another school.

h. ROTC Free – the amount collected by the school administrator from the students enrolled in the ROTC program and which constitute the ROTC Trust Fund entrusted by the school to the ROTC Commandant to support the ROTC Training and related activities.

i. ROTC Monitoring and Evaluation team (RMET) – a team organized by the ROTC to monitor and evaluate the performance of ROTC units its jurisdiction through Annual Administrative and Technical Inspection (AATI).

j. ROTC Action Office – a legal office established at the HARESCOM to act on all ROTC related issues and complaints forwarded by the RCDGs and other sources.

k. ROTC Complaint Center – an office established at the RCDG level to receive and act on ROTC related complaints from the ROTC Units and other sources.

l. ROTC Assistance Office – an office established DMST/ROTC unit level to entertain and resolve issues and complains from the Corps of Cadets including requests for assistance involving he ROTC Unit.

PURPOSE: To prescribe guidelines and procedures for the implementation of the NSTP-ROTC Component.

OBJECTIVES:

The ROTC program component shall pursue the following broad objectives:

a. To prepare the college students for possible service in the defense establishment in the event of emergency;

b. To train and develop the ROTC cadets as future enlisted reservist for the Reserve Component of the Armed Forces of the Philippines;

c. To inculcate in the youth the spirit of patriotism and nationalism;

d. To develop and promote the physical, moral, spiritual, intellectual and social well-being of the youth;

e. To train and develop the youth as potential community leaders; and f. To develop civic consciousness and good citizenship among the youth.

IMPLEMENTING GUIDELINES

6.1 Enrollment and Registration

a. Effective on the 1st Semester of Academic Year 2002-2003, all freshmen male and female students enrolled in any baccalaureate degree and at lest two (2) year vocational/technical or associate courses shall be encouraged to take and complete the ROTC within the first academic year, especially those in the two (2) year curriculum courses.

b. Students shall be required to submit to the Commandant a medical certification that he/she is fit for the military training. Only the physically fit students shall be accepted in the ROTC program.

c. Students enrolled in the ROTC must be covered by insurance for health and accident provided by the school administration concerned during the duration of the training per Sec 8 of RA 9163.

d. Students below 18 yrs old shall be covered by health and accident insurance provided by the school administration concerned per Sec 8 RA 9163.

e. Students enrolled in Basic ROTC shall provide for their own uniform. The prescribed uniform for the incoming 1st year Basic ROTC Cadets shall be fatigue suit with combat boots, ball cap, name cloth with fatigue background and embodied yellow lettering.

f. Cross Enrollment

f.1 The minimum number of enrollees in the ROTC program is 350 male and female. Schools with enrollees lower than 350 may cross enroll their cadets with the nearest activated ROTC units.

f.2 ROTC Commandants shall allow the students to cross enroll with any other ROTC units most accessible to them regardless of branch of service provided that the students concerned shall seek a written permission from the School Registrar and ROTC Commandant for record purposes.

6.2 Organization:

a. All activated ROTC Units and DMSTs shall be restructured to suit the requirements of the new ROTC Program.

b. The ROTC Commandants as Head of DMST of the school is entitled to normal privileges and sanctions accorded to a faculty member or department head of the institution.

c. The CD-DMST-ROTC Unit Relationships

c.1 The DMST shall be treated as department established and maintained by the school. At the same time. It shall serve as the office of the Commandant of the ROTC unit established and maintained by ARESCOM through RCDGs. As such, the school administrator shall designate the Commandant of the ROTC unit.

c.2 The ROTC unit, as a military unit shall be under the operational control and supervision of the CDC. The Department Head who is the ROTC Commandant as well, shall be under the administrative control and supervision of the military.

c.3 The position of ROTC Commandants is an additional duty. The ROTC Commandants should exert effort to avoid conflict between his principal duty and his additional duty. In case of conflict between his principal duty and additional duty, his principal duty shall prevail.

d. Unfilling or Deactivating an ROTC Unit

d.1 RCDG Commanders shall unfill and eventually recommend to CG, ARESCOM the deactivation of activated ROTC units in private Education Institutions that have decided not to offer the ROTC or failed to meet the minimum of 350 cadets. Thereafter, ROTC Commandants and staff be recalled by the CDC Commander for further disposition.

d.2 Clustering of ROTC units shall be covered by MOA among concerned school Presidents and ROTC Commanders.

d.3 RCDGs shall renew all MOAs with colleges/universities that have established ROTC units to conform with this directive.

e. The corps of cadets shall be organized similar to an infantry unit in such a way that platoons are formed a cluster of barangays and companies from congressional district of cluster of municipalities.

6.3 Training

a. Training Period. The Basic ROTC as two (2) semester program shall consist of a maximum of ninety (90) training hours per semester. This will be credited three (3) units per semester for a total of six (6) units for the whole year. The training shall be conducted once a week at six (6) hours per week for fifteen (15) consecutive weekends. However, ROTC Commandants may exercise flexibility in the conduct of training provided that the approval POI is strictly implemented.

b. Summer Training. RCDG through the CDCs may conduct a summer training of thirty (30) days in lieu of the regular two (2) semester program for the ROTC Component went requested by the school authorities, subject to the capability the CDC to conduct such training.

c. Clustering of Schools. The ROTC Commandants shall study and recommend to school authorities for the clustering of schools that have less than the minimum of 350 cadets for the purpose of consolidated training. The designated host school collect the ROTC Fee equivalent to 50% of the basic tuition fee being charged by school per academic unit. The primordial considerations for clustering are the availability of training facilities and the convenience of the cadets.

d. Utilization of Reservists as ROTC Instructors. RCDG shall maximize the utilization of qualified Army Reservists/Retirees as ROTC instructors placing them on Active Duty Training (ADT). They shall undergo the usual Pre-Deployment required of the members of ROTC Training Team.

e. Training Emphasis. The POI for ROTC shall focus on developing the lead-move-communicate and school capabilities of the cadets as future reservist. Hence, more weight shall be given on basic military doctrines, CMO, weapons, communications and tactics including period for practical exercises.

f. Special Program. RCDG shall conduct special program for one (1) semester equivalent to ninety (90) training hours to cadets/students lacking MS 21, 22, or 22 only in order to quality them for enlistment in the Reserve Force or as Advance cadet Officer. POI for the 2nd semester of the Basic ROTC Program shall be used for such purposes.

6.4 Administration:

a. Management of ROTC Trust Fund.

a.1 School authorities shall have the authority to collect and manage the ROTC Fee that constitute the ROTC Trust Fund. The fund shall be used exclusively for the maintenance and operating expenses (MOE) of ROTC units with reference to CHED Memorandum No 20 dtd 18 June 1999. Affiliated schools shall be responsible for the collection of ROTC Fee of cross enrolled cadets and turnover of the same to the ROTC Unit Commandant of the schools where their students are cross-enrolled for incorporation in the ROTC Trust Fund.

a.2 In case the Universities/Colleges do not collect ROTC Fee to constitute ROTC Trust Fund. ROTC Commandants shall negotiate with the school administrator concerned for the appropriation of sufficient funds to subsidize the MOE of the ROTC unit. In case the ROTC Fee collected is insufficient for the operation and maintenance of the ROTC Unit, the Commandant shall request from the school concerned, additional subsidy for the same purpose

a.3 ROTC Commandants shall submit to school administrator a proposed program of expenditures (POE) for the DMST/ROTC unit by semester. Such POE shall be approved by the CDC Commanders and School President.

a.4 The ROTC Commandants are required to submit a report of utilization of ROTC Trust Fund to their respective CDC Commanders and School Heads at the end of every semester to monitor deficiencies and introduce corrective measures to improved the support system.

b. Enlistment of ROTC Graduates. Shall be enlisted and incorporated into the reserve Force, PA. They shall be given ranks, serial number and further assigned with respective mobilization centers.

c. Monitoring and Evaluation of ROTC Program Implementation.

c.1 RCDG shall form, an ROTC monitoring and Evaluation Team (RMET) that shall conduct annual or spot inspections of all ROTC units in respective regions. RMET expenses shall be supported from the ROTC Trust Fund.

c.2 The RMET shall follow the existing procedures on PAATI/RAATI in the conduct of inspections.

d. ROTC Complaint Center

d.1 RCDGs shall establish and maintain the ROTC Complaint Center (RCC) to act on ROTC related complaints, issues and concerns.

d.2 At the CDC level, ROTC Complaint office shall be established as counterpart of the ROTC to receive and resolve when possible, all ROTC related complains issues and concern from ROTC units under its jurisdiction.

d.3 At the ROTC Unit level, Commandants shall maintain the ROTC Assistance Office (RAO) to entertain all cases of ROTC concerns for the purpose of resolving or elevating the same to higher office for proper disposition.

e. Evaluations of ROTC Commandants. The school administrator shall evaluate the performance of ROTC Commandant in his capacity as department Head while the CDC Commander evaluate his performance as ROTC Commandant. Such performance shall serve as basis by RCDG or CDC Commanders in recommending for the relief or continuous service of the commandant which the school service of the commandant with the school/ROTC unit.

f. Disposition of cases.

f.1 ROTC Commandant shall from time to time confer with the school ROTC Coordinates or registrar to monitor the problem and issues affecting the cadet or ROTC program implementation.

f.2 The office of the command provost Marshal or Inspector General shall investigate major ROTC related cases that cannot be resolved at lower levels.

g. Disposition of DMST acquired properties.

g.1 Disposition of DMST/ROTC unit properties shall be incorporated in the MOA with the school authorities.

g.2 In case where the ROTC unit in private institutions is unfilled or reactivated, all properties of military value acquired by DMST for military training purposes shall be absorbed by the CDC and be reflected in the unit property book. When the ROTC unit is re-filled the same properties shall be return to the DMST.

g.3 Properties of military value shall mean any equipment or supplies that are use for military training (j.e military maps compasses, dummy riffles, swords, computers, typewriters, colors, blackboards, musical instruments, sound system etc)

g.4 Properties of non-military value include those facilities, fixtures and furniture provided by the school for office use of DMST (i.e office tables, chairs, cabinets, shelves, air condition units, etc). These are either donated to the DMST/ROTC Unit or purchased from the ROTC Trust Fund.

h. ROTC Records Management

h.1 Records of enrollment and final rating of ROTC cadets shall be reflected accordingly in all their scholastic records.

h.2 ROTC Commandants shall submit final report of grades fifteen (15) days after the last training day to school registrar and ROTC Commandant.

h.3 The School Registrar and ROTC Commandant are th designated signatories on the Basic ROTC certificates.

i. ROTC Cadets’ Incentives. The existing policy/directives on PA scholarship grants shall continue to be implemented. Commandants shall initiate effort to help the advance ROTC Cadets to be able to avail of the scholarship grants the schools may offer the cadets pursuing the advance course as a form of incentives considering that these after being utilized in ROTC instructions.

PROCEDURES

The following procedures shall be govern the ROTC program administration.

7.1 Enrollment/Registration Procedures

a. The ROTC Commandants shall be required to accomplish a separate ROTC registration for as prescribed for this purpose.

b. Registered students shall classified into the following categories: Active, Deferred, and Exempted based on existing rules and regulations.

c. Individual students shall be required to fill-up Information Sheet as basis for determining data needed to asses his/her potentials as candidate for leadership position or as Cadet Officer.

d. ROTC Commandants shall submit Enrollment reports to the CDC and School Registrar on the following:

d.1 Partial Enrollment Record – to be submitted to the CDC by radio message after the 1st training day indicating the number of males and females enrolled and categorized into active, deferred and exempted.

d.2 Final Enrollment Report – to be submitted after 3rd training day to CDC Headquarters and School Registrar.

7.2 Organization.

a. The ARESCOCHED/TESDA working relationship in the implementation of ROTC Program is indicated in ANNEX B1. The DMST/ROTC unit shall be restructured as ANNEX B2. The Corps of Cadets/Sponsors shall be organized as in ANNEX B3. The ROTC Monitoring and Evaluation Team (RMET) shall be formed as in ANNEX B4 and the ROTC Complaint Center/Office shall be restructured as in ANNEX B5.

b. Activation of ROTC Units. The following requirements shall be satisfied before an ROTC unit can be recommended for activation:

b.1 An enrollment of at least three hundred fifty (350) cadets in the ROTC course who are citizens of the Republic, including cross enrolled.

b.2 Availability of military personnel including reservists for detail with the ROTC Unit.

b.3 Availability of qualified personnel to receive, store, maintain, issue, account for , or otherwise, attend to administrative matters pertaining to AFP properties loaned to or acquired by ROTC unit for its use.

b.4 Availability of suitable, adequate and well-secured armory for storage of arms, equipment, supplies and ammunition.

b.5 Availability of adequate training grounds, classroom and suitable office space to accommodate the Department of Military Science and Tactics for ROTC Unit.

c. Duties and Responsibilities of ROTC Commandant and DMST Head.

c.1 Responsible for the operation & maintenance of the DMST.

c.2 Perform such duties related to compatible with his functions as Dept Head as maybe assigned to him by the head of institution and CDC Commander as the commandant of ROTC units.

c.3 Conduct the ROTC Training and apprise the school authorities concerned of pertinent provisions of Laws and AFP regulation affecting the ROTC Cadets in the institution concerned, and/or those placed under his jurisdiction.

c.4 Sits as member of the institutional committee in resolving issues affecting the operation of ROTC units or any board deliberating a candidate for graduation in academics.

c.5 Recommended to school administration & CDC Commanders measures to resolve problems and issues affecting the organization, operation and training activities of the ROTC units under his jurisdiction.

7.3 Training Management Procedures.

a. ROTC Training Teams. CDC shall organize an ROTC Training Team to man the activated ROTC Units in each college or university and to conduct the Basic and Advance ROTC Training. It shall consist of no than the following personnel.

a.1 Training Team provided by the CDC 1 – Offr ( Active) – Commandant 1 – Offr (Res) – Assistant Commandant 1 – EP (Active) – Admin and Log NCO 1 – Offr (Res) – Tac O/Instructor per Coy/Bn 1 – EP (Res) – Tac NCO per Coy Bn 2 – Offr/EP (Res) – GMA per Bn a.2 Admin Support from the School Administration 1 – Civ Emp – Admin Asst/Records Custodian 1 – Civ Emp – Property Custodian/Armorer

b. Pool of Instructors. The ROTC Commandant shall organize a Pool of Instructors to handle specific ROTC subjects from or any of the following sources: – Regular Components of AFP available in the AOR. – AFP Reservists/Retirees – Graduate Military Assistants (GMA) – Advance Cadet Officers with MOI skills. – Professionalism from the school, PNRC, DENR, OCD, and other Government or Non-Government agencies for non-military subjects.

c. Training Aids and Facilities. In order to provide for quality training, the ROTC Commandants shall coordinates with school administration for 5he availability of the following training equipment every Copy of Cadets: 1 ea – Sound System preferably Karaoke with wireless microphone 1 ea – Writing Board ( Chalk Board or White Board) 1 ea – Overhead Projector & White Screen 1 ea – Carousel for Visual Aids 1 ea – Instructor’s Stand/Potable Podium

d. Method of Instructions

d.1 The intent of instruction shall be to develop the knowledge, skills and proper attitude of the cadets as future reservists.

d.2 The instructor to cadet ratio shall be maximum of one (1) instructor and one (1) Assistant Instructor (AI) to every company size unit of cadets.

d.3 Students participation shall be maximized during lecture type instructions.

d.4 More time shall be devoted to demonstration and Practical Exercise shall be done whenever practicable to develop the essential skills required of an enlisted reservists.

d.5 Military stake type of unit/individual evaluation shall be adopted to make the training more challenging and interesting to the cadets.

d.6 Education Tours for the cadets shall be conducted as part of training activities to enhance their knowledge on military history, weapons system and other aspects of learning.

e. Training Program and Schedules.

e.1 ROTC Commandants shall responsible for the preparation and execution of the training program in accordance with the approved POI.

e.2 Weekly Training Schedules shall be published in advance including the name of designed instructors for the training day.

e.3 Designed instructors shall rehearse before the Commandant and Staff prior to the actual presentation of assigned subject to ensure preparedness and adequacy of training aids and materials.

e.4 Instructional Package (IPs) and students handouts shall be made available at DMST library.

e.5 Schedule of OFF-campus training activities such as educational tour, marches and bivouac, anf familiarization firing shall be cleared with the school administration, CDCs RCDGs and ARESCOM for information and monitoring purposes.

7.4 Attendance.

a.1 Attendance of cadets shall be checked twice: before the start of training and before dismissal. Checking of attendance shall not exceed five (5) minutes so as not to consume the time for instruction proper.

a.2 Absence from instructions due to sickness, injury or other exceptional circumstances may be excused. The cadets however, has to attend make-up classes as designed by the Commandant to comprehensive for the training periods and subjects missed.

a.3 Cadet who has incurred more than twenty percent (20%) or eighteen (18) hours of unexcused absences of the required ninety (90) training hours shall be reported dropped from the roster of the active cadets and shall no longer be allowed to continue the training during the same school year. He will be given a failing grade of five (5) in the ROTC for that particular MS.

b. Grading System

b.1 Cadets shall be given a final grade for every semester , such grade be computed based on the following weights.

Attendance ————- 30 pts

Mil Aptitude ———— 30 pts

Subject Proficiency —- 40 pts

b.2 Cadets must obtain a minimum of twenty eight (28) points in subject proficiency and twenty four (24) points in attendance in the above points distribution, in order to pass the semester’s work.

b.3 Each cadet shall be given one hundred (100) merits at the beginning of every semester. Additional merits awarded for attending special formations, parades or other school activities outside the prescribed training hours. For every infractions of regulation, he shall be penalized by demerits as prescribed in Appendix 11 of AAFR G 310-021 dtd 27 Aug 85.

b.4 Grades shall be by percentage but should the institution use a different system of grading, the ROTC Commandant shall convert their grades in accordance with following equivalent.

95% or higher ——————————— 1.00 – A

Less than 95% down to 90% ————– 1.50 – A

Less than 90% down to 85% ————– 2.00 – B

Less than 85% down to 80% ————- 2.50 – B

Less than 80% down to 75% ————– 3.00 – C

Less than 75% (Failure) ——————– 5.00

b.5 Computation of Grades – the grade for attendance, Military aptitude and subject proficiency shall be computed separately and the result to determine the final grade.

(1) Attendance

Nr of Hrs presents

—————————————————- 30%

Total Nr of hrs master schedule

(2) Military Aptitude

= (100 Merits less total demerits received)

————————————————— x 30%

100

Note: Military Aptitude grade shall not exceed 30%.

(3) Subject Proficiency – The subject proficiency is 40% apportioned to the different of a course depending on the relative importance of the subject and the number to hours devoted to it. The grade on subject proficiency is the sum of the weighted grades of all examination is computed as follows.

Weighted Grade – Percent value of correct answer x pt of subject

—————————————————————————— 40%

Total Point of value of the examination

c. Assignment of Ranks and AFPN:

c.1 ROTC graduates from different provinces shall be issued rank and serial numbers based on respective places of origin (provinces) and assigned mobilization centers. The ranks shall be based on his latest position in the organization of the Corps of cadets as indicated.

Coy F/Sgt ——————- Sergeant (Sgt)

Platoon Sergeant ———- Corporal (Cpl)

Squad Leader ————– Private First Class (PFC)

Squad Element ———— Private (Pvt)

c.2 Certificates of Completion of Training shall be issued to graduates of basic ROTC Training and shall be assigned by the School Registrar and the Commandants. It shall include the Rank and AFP Serial Number of the cadets.

c.3 Commandants shall recommend for the promotion of Advance of Cadet Officers to the following ranks:

Corps of Commanders —————— TSg

Corps of Staff —————————- SSg

Battalion Commanders —————— SSgt

Battalion Staff —————————- Sgt

CO, Cmdrs ——————————- Sgt

CO/EX-O/Pltn Ldr ———————— Sgt

c.4 Graduates of ROTC Advance Course shall be given a diploma of completion signed by the ROTC Commandant and RCDG Commander.

c.5 RCDG Commanders shall request for issuance of block of Serial Numbers for prospective Basic ROTC graduates by provinces at least one (1) month before the end of training.

c.6 Disposition of Basic ROTC Graduates ROTC Commandants shall submit the list of Basic ROTC graduates to the CDC Commanders for consolidation. CDC Commanders shall arrange the same by cluster of barangays and municipalities or districts and segregate those not falling under his provincial jurisdiction. A separate list of those belonging to other provinces shall be turned-over to the respective CDC Commanders concerned through the RCDG for incorporations in the Roster of Reservists in their respective provinces.

d. Records management

d.1 DMST shall maintain the following ROTC records of all cadets in the ROTC units.

ROTC FORM 1 – ROTC Registration Form (Annex D1)

ROTC FORM 2 – Cadet Information Sheet (Annex D2)

ROTC FORM 3 – Parent Consent (Annex D3)

ROTC FORM 4 – Cadet Attendance Sheet (Annex D4)

ROTC FORM 5 – Individual Progress Chart (Annex D5)

ROTC FORM 6 – Cadet Record Jacket (Annex D6)

Certificate of ROTC Training, Xerox only (D7)

Diploma for Advance ROTC Graduates, Xerox Copy only (Annex D8)

d.2 DMST shall keep the list of all ROTC graduates and enlistment orders for file and reference purposes. Among other, the following documents enlistment orders for file and reference purposes. Among other, the following documents shall be maintained at the CDCs.

(1) Reservists record card (Upon enlistment of ROTC Graduates) Annex D9

(2) Reservist Information Sheet (RIOS) with 2×2 ID picture Annex D9 8.

EFFECTIVITY: This directive takes effect upon publication.

Approved:

BGEN MARCIAL A COLLAO JR AFP

Commanding General, ARESCOM

REPUBLIC OF THE PHILIPPINES

CONGRESS OF THE PHILIPPINES

METRO MANILA

Begun and held in Metro Manila, on Monday, the twenty-third day of July,2001.

(REPUBLIC ACT 9163)

“AN ACT ESTABLISHING THE NATIONAL SERVICE TRAINING PROGRAM (NSTP) FOR THE TERTIARY LEVEL STUDENTS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO 7077 AND PRESIDENTIAL DECREE NO 1706 AND FOR OTHER PURPOSE”

Be enacted by the senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. – This Act shall be known as the National Service Training Program (NSTP) Act of 2001.

SECTION 2. Declaration of Policy. – It is hereby affirmed the prime duty of the Government to serve and protect its citizen. In turn it shall be the responsibility of all citizens to defend the security of the State and in fulfillment thereof, the Government may require each citizen to render personal military or civil service.

Recognizing the youth’s virtual role in nation building, then state shall promote civic consciousness among the youth and shall develop their physical moral, spiritual intellectual and social well-being.

It shall inculcate to the youth patriotism, nationalism and advance their involvement in public and civic affairs. In pursuit of this goals the youth the most valuable resource of the national shall motivate trained organized and mobilized in military training, literacy civic welfare and other similar endeavors in the service of nation.

SECTION 3. Definition of Term. – For purpose of this Act the following are hereby defined as follows:

“National Service Training Program” (NSTP) – is a program aimed at enhancing civic consciousness and defense preparedness in the youth by developing the ethic of service and patriotism while undergoing training in any of its three (3) program components. Its various components are specially designed to enhance the youth’s active contribution to the general welfare.

“Reserve Officer Training Corps” (ROTC) – is program institutionalized under Section 38 and 39 of RA No. 7077 designed to provide military training to tertiary level students in order to motivate, train, organized and mobilize them for national defense preparedness.

“Literacy Training Service” – is a program designed to train students to become teachers of literacy and numeracy skills to school children, out of school youth, and other segments of society in need of their service.

“Civic Welfare Training Service” – refers to programs of activities contributory to the general welfare and the betterment of life for members of the community or the enhancement of its facilities, especially those devoted to improving health, education, environment, entrepreneurship, safety, recreation and morals of the citizen; and

“Program Component” – shall refer to the service components of the NSTP as enumerated in Section 4 of this Act.

SECTION 4. Establishment of the National Service Program. – There is hereby established a National Service Training Program (NSTP) which shall form part of the curricula of all baccalaureate degree courses and of at least two-years technical vocational courses and is a requisite for graduation, consisting of the following service components: The Reserve Officers Training Corps (ROTC) which is hereby made optional and voluntary upon the effectivity of this Act; The Literacy Training Service; and The Civic Welfare Training Service

The ROTC under the NSTP shall instill patriotism, moral virtues, respect for rights of civilians and adherence to the constitution among other, Citizenship Training shall be given emphasis in all three (3) program components.

The Commission on Higher Education (CHED) and Technical Education and Skills Development Authority (TESDA) in consultation with the Department of National Defense (DND) Philippine Association of State Universities and Colleges (PASUC).

Coordinating Council of Private Association of the Philippines (COCOPAP) and other concerned government agencies, may design and implement such other program components as maybe necessary in consonance with the provisions of this Act.

SECTION 5. Coverage. – Students, male and female of any baccalaureate degree course or at least two (2) year technical vocational courses in public and private educational institutions shall be required to complete one (1) of the NSTP components are requisite for graduation.

SECTION 6. Duration and Equivalent Course Unit. – Each of the aforementioned NSTP Program components shall be undertaken for and academic period of two (2) semesters. In lieu of the two-semester program for any of the components of the NSTP a one (1) summer program may be designed formulated and adopted by the DND, CHED and TESDA.

SECTION 7. NSTP Offering in Higher and Technical Educational Institutions. – All higher and technical and vocational institutions, public and private, must offer at least one of the program components, provided that state universities and colleges shall offer the ROTC components and at least one other component as education institution may ROTC if they have at least three hundred and fifty (350) cadets students.

In offering the NSTP whether during the semestral or summer periods, clustering of affected students from different educational institutions may be done, taking into account logistics, branch of service and geographical considerations.

Schools that do not meet the required number of students shall allow their students to cross enroll to other school irrespective of whether or not the NSTP components in said schools are being administered by the same or another branch of service of the Armed Forces of the Philippines (AFP) CHED and TESDA to which schools are identified.

SECTION 8. Fees and Incentive. – Higher and technical-vocational institutions shall not collect any fee for any of the NSTP components, except basic tuition fees, which shall be more than fifty (50%) percent of what is currently charged by schools per unit.

In case of ROTC, the DND shall formulate and adopt a program of assistance for health and accident shall be provide for students enrolled in any of the NSTP components.

SECTION 9. Scholarship. – There is hereby created a special scholarship program for qualified students taking NSTP which shall be administered by CHED and TESDA funds for this purpose shall be include in the annual regular appropriations of CHED and TESDA.

SECTION 10. Management of NSTP Components. – The school authorities shall exercise academic and administrative supervision over the design, formulation, adoption and implementation of the different NSTP components in their respective schools, provided that in case a CHED – or TESDA – accredited Non-Government Organization (NGO) has been contracted to formulate and administer a training module for any of the NSTP components, such academic and administrative supervision shall be exercised jointly with the accredited NGO.

Provided further, that such training module shall be accredited by CHED and TESDA.

SECTION 11. Creation of the National Service Corps. – There is hereby created a National Service Corps to be composed of the graduates of the non-ROTC components Members of this corps may be tapped by the State for Literacy and civic welfare activities through the joint effort of DND, CHED and TESDA.

Graduates of the ROTC shall form part of the Citizen Armed Force, pursuant to Republic Act No. 7077.

SECTION 12. Implementing Rules. – The DND, CHED and TESDA shall have the joint responsibility for the adoption of the implementing rules of this Act with sixty (60) days from the approval of this Act.

These are three (3) agencies shall consult with other concerned government agencies, PASUC and COCPAP, NGO’s and recognized students in drafting the implementing rules.

The implementing rules shall include the guidelines for the adoption of the appropriate curriculum for each of the NSTP components as well as for the accreditation of the same.

SECTION 13. Transitory Provision. – Students, who have yet to complete the Basic ROTC, except those failing under Section 14 of this Act, may either continue in the program component they are currently enrolled or shift to any of the another program component, the Basic ROTC courses he has completed further.

That once he has shifted to other program component, he shall completed further.

That once he has shifted to other program component, he shall completed the NSTP in the component.

SECTION 14. Suspension of ROTC Requirement. – The completion of ROTC training as a requisite for graduation is hereby set aside for those students who despite all their academic units as of effectivity of this Act have been allowed to graduate.

SECTION 15. Separability Clause. – If any section or provision of this act shall be declared unconstitutional or invalid, the other section or provision not affected thereby remain in full force and effect.

SECTION 16. Amendatory Clause. – Section 35 of Commonwealth Act No. 1 Executive Order No. 207 of 1930. Section 2 and 3 of Presidential Degree No. 1706 and Section 38 and 39 RA No. 7077 as well as all laws decrees order rules and regulations and other issuance’s inconsistent with the provisions of this Act are hereby deemed and modified accordingly.

SECTION 17. Effectivity. – This act shall take effect fifteen (15) days after its publication in two (2) newspapers of national circulation but the implementation of this Act shall commence in the school year 2002-2003.

Approved,

s/t FRANKLIN M DRILON

President of the Senate

s/t JOSE DE VENECIA

Speaker of the House of Representative

This act which is a consolidation of H B No. 3593 and S B No. 1824 was finally passed by the House of Representative and the Senate on December 19, 2001.

s/t OSCAR G TABES

Secretary of the Senate

ROBERTO P NAZARENO

Secretary General House of Representative

Approved,

s/t GLORIA MACAPAGAL ARROYO

President of the Philippines

REPUBLIC OF THE PHILIPPINES

CONGRESS OF THE PHILIPPINES

METRO MANILA

Begun and held in Metro Manila, on Monday, the twenty-third day of July,1990.

(REPUBLIC ACT 7077)

“AN ACT PROVIDING FOR THE DEVELOPMENT, ADMINISTRATION, ORGANIZATION, TRAINING, MAINTENANCE AND UTILIZATION OF THE CITIZEN ARMED FORCE OF THE ARMED FORCES OF THE PHILIPPINES AND FOR OTHER PURPOSES”

Be it enacted by the senate and House of Representatives of the Philippines in Congress assembled:

ARTICLE 1

TITLE

Section 1. Title – This Act shall be known as the ” Citizen Armed Force or Armed Forces of the Philippines Reservist Act.

ARTICLE II

DECLARATION OF POLICY

Section 2. The Regular Force – It is the policy of the State to maintain a standing or regular military force in times of peace consonant to its adequate and actual needs for the security of the State but which can be rapidly expanded by the well-disciplined Citizen Armed Force in the event of war, invasion or rebellion.

Section 3. – The Security and Socioeconomic Development of the State. The Citizen Armed Force shall be provided maximum opportunity to participate in safeguarding of the State and in assisting the socioeconomic development.

Section 4. The Call to Personal Military and Civil Service. – The Citizen Armed Force shall be so organized, trained, developed and maintained as to ensure their readiness to immediately respond to the call to service.

Section 5. The Public Awareness. -The State shall promote and develop public support to and awareness of the important role of the Citizen Armed Force as protector of the people and the State.

Section 6. The Manpower of the Citizen Armed Force. – The manpower objective of the Citizen Armed Force shall conform to projected and actual needs. It is not envisioned by the State to have a nation under arms unless extremely necessary.

ARTICLE III

MISSION AND ORGANIZATION OF THE CITIZEN ARMED FORCE

Section 7. Mission. – The mission of the Citizen Armed Force, alternately referred to as the Reserve Force, is it provide the base for the expansion of the Armed Forces of the Philippines in the event of war, invasion or rebellion, to assist in relief and rescue during disasters or calamities, to assist in socioeconomic development and to assist in the operation and maintenance of essential government or private utilities in the furtherance of overall mission.

Section 8. Organization -The Reserve Force shall be organized into five (5) components, namely:

The Army Reserve Component

The Air Force Reserve Component

The Navy Reserve Component

The AFP-Wide

Technical Reserve Component and

The Affiliated Reserves

Section 9. Organization of Reserve Components. – The organization of each component of the Reserve Force and the manpower objective of each component shall be as prescribed by the Secretary of National Defense and approved by the President of the Philippines. The organization, structure, manning and equipment of reserve units shall conform to the organization of the regular force. Reserve units of a battalion type or equivalent, on a regional basis. The organizational structure and manning of the affiliated reserve units shall be prescribed by the Secretary of National Defense and shall as much as possible conform to their existing civilian organization.

Section 10. Affiliated Reserves. – As the President shall approve upon recommendation of the Secretary of National Defense, a certain private and government entities, corporations, establishments and organizations at the national, provincial and municipal levels which provide essential public service such as water, light transportation and communications which are necessary to support the prosecution of national defense plans to meet an emergency shall be organized as affiliated units of the Reserve Force. These affiliated units shall be constituted by appropriate orders to be issued by the Secretary of National Defense, given unit designations and assigned to the appropriate reserve components of the Armed Forces of the Philippines( AFP). The roster of the officials and employees of these affiliated units shall be included in the orders of constituting the units. These units shall be so utilized in times of war or emergency to ensure the continuous and uninterrupted provision of the essential services they are rendering.

ARTICLE IV

DEFINITION OF CITIZEN SOLDIERS

Section 11. Citizen Soldiers. – The citizen soldiers alternately referred to as reservists, who compose the Reserve Force are those reservists of the Armed Forces of the Philippines who are incorporated into the Reserve Force, as follows:

Graduates of the Reserve Officers’ Training Corps (ROTC) basic and advance courses and who were issued orders as enlisted reservists or reserve officers of the AFP.

Graduates of authorized basic military training instructions who, as a result thereof, were issued orders as enlisted reservists or reserve officers.

ARTICLE V

CATEGORIZATION AND CLASSIFICATION OF CITIZEN SOLDIERS

Section 12. Categorization of Citizen Soldiers. – There shall be three (3) categories of citizen soldiers of AFP reservist; the First Category Reserve, the Second Category Reserve, and the Third Category Reserve based on age.

First Category Reserve – The First Category Reserve shall be composed of all able bodied reservists whose aged are between eighteen (18) years and thirty five (35) years, inclusive.

Second Category Reserve – The Second Category Reserve shall be composed of all able-bodied reservists whose ages are between thirty-six (36) years and fifty one (51) years, inclusive.

Third category Reserve – The Third Category Reserve shall be composed of all able-bodied reservists who are above fifty-one (51) years of age.

Section 13. Classification of Reserve Force Units. – Based on the categorization provided in Section 12 above, the Reserve Force units shall further be classified into the Ready Reserve, the Standby Reserve and the Retire Reserve based on their operational readiness for immediate deployment/utilization.

Ready Reserve – The Ready reserve shall be composed of citizen soldiers/reservists belonging mostly to the First Category reserve and others as provided in this Act who shall be organized, trained and maintained as mobilizeable ready reserve subject to call at any time to augment the regular armed force of the AFP not only in times of war or national emergency but also to meet local emergencies arising from calamities, disasters and threats to peace, order, security and stability in any locality, including the need to provide assistance in relief and rescue work and other civil assistance activities. Any reservist or citizen soldier belonging to the Second Category Reserve and/or the Third Category Reserve, particularly the commissioned and noncommissioned officers, who will volunteer to serve with the Ready Reserve shall be allowed, if qualified and fit for duty, to join actively participate as part of the ready Reserve and shall serve with an appropriate Ready Reserve unit.

Furthermore, members of the AFP, Affiliated Reserve units of various government and private utilities and services considered essential for the preservation of the economic stability of the country or particular locality, such as power and electricity, water supply, transportation and communications, among others regardless of their categorization shall be classified as Ready reserve.

All citizen soldiers belonging to the First Category Reserve, except those exempted under this Act, shall be required to serve with Ready reserve units and will have assignments and promotions in accordance with existing policies of the AFP transferred to the Standby Reserve by virtue of their age.

The following citizen soldiers may be exempted from rendering service with said reserve units:

• Active members of the Armed Forces of the Philippines and Philippine National Police;

• Those who are residing abroad, but only during the duration of their absence from the Philippines;

• Those who are physically and mentally unfit to serve their tout of duty;

• Those who are convicted of crimes involving

• Those who may be exempted from duty for valid reasons which may be authorized on a case-to case basis by appropriate and competent authority. For this purpose, the AFP shall issue such appropriate guidelines, rules and regulations as may be necessary.

Standby Reserve – The Standby Reserve shall be composed of citizen soldiers belonging mostly to the Second Category Reserve and the Third Category Reserve, except as provided in this Act. The members of the Standby Reserve shall be organized and assigned to specified reserve units and shall be maintained through annual assembly tests to update their records and their present addresses, among others. The Standby Reserve may be mobilized or ordered to active duty only in times of national emergency or war. The ranks of the members of the Standby Reserve may be upgraded if they voluntarily participate in training or serve with the Ready Reserve units in their areas or if their Standby Reserve units undergo retraining. They will however be encouraged to upgrade their military knowledge and skills by taking up non-resident or resident course which shall be set up for the purpose.

Retired Reserve – The Retired Reserve shall be composed of citizen soldiers who have qualified for retirement through length of service, old age or disability. For this purpose, sixty-five (65) years shall be considered as the retirement age. However, if qualified and fit for duty , a member of the Retired Reserve may be ordered to active duty in times of local or national emergencies if he volunteers for active duty and when the Secretary of National Defense determines that there are not enough qualified citizen soldiers with his special skill and qualifications in the ready reserve of the Standby Reserve in his particular area of residence.

ARTICLE VI

MANPOWER DEVELOPMENT

Section 14. Compulsory Military Registration and Training – All male citizens between the ages of eighteen (18) and twenty-five (25) years who are not reservists shall be required to register for military instruction. Registration shall take place in suitable registration places to be prescribed by the city or municipal government between dates of April first and Seventh commencing one (1) year after the effectivity of this Act. Biennial registrations shall be held during the same period in succeeding years.

Section 15. Exemption from Compulsory Military Training. The following are exempted from military training:

Members of the clergy of any religious order or sect, except they volunteer;

Those in the active service of the Armed Forces of the Philippines and Police members of the Philippine National Police;

Superintendent and uniformed members of the National Penitentiary , corrective institutions, and insane asylum; and

Licensed air maritime pilots, navigators and merchant marine officers.

Section 16. Registering Officer. For the purpose of registration as provided for in Section 14 hereof, the city/municipal treasures of chartered cities and municipalities are hereby designated as registering officers. The Secretary of National Defense shall prescribe and provide the forms to be used in registration and prescribe the procedures for the conduct and reporting of the results of the registration:

Persons who are disqualified by law from employment in government service;

Those who are physically or mentally unfit as certified by an AFP medical officer; Those suffering incarceration awaiting trial by a court of law;

Provided, That upon their release from custody they shall without delay register; Those convicted by final judgment of criminal offenses involving moral turpitude;

Students of colleges, universities and similar institutions who are undergoing ROTC training during the pendency of their training recognized by the military authorities as among those undergoing training to qualify as reservist; and

Those persons who are constituted as members of affiliated units for the duration of time that they hold such membership;

Provided, that upon the termination of their membership, they shall be subject to military training.

Section 18. Selection of Registrant for Compulsory Training. – Registrants who are undergo compulsory training as provided for in this Act shall be selected in the month of May every year by drawing of lots by a board of canvassers. The Secretary of National Defense shall prescribe the procedure for the selection of registrants.

Section 19 . Board of Canvassers. – There is hereby created a board of canvassers, one (1) for each province and chartered city, for the purpose of selecting the registrants who will undergo compulsory military training as provided for in Section 18 hereof. The board shall be composed of the following:

1. INPROVINCES Division Superintendent of Schools —– Chairman

Provincial Fiscal —— Member

The Appropriate military commander as the SND may designate. —— Member

2. IN CHARTERED CITIES

City Superintendent of Schools ———- Chairman

City Fiscal ———- Member

Chief of Police ———- Member

Section 20. Quota for Compulsory Training. – The Secretary of National Defense shall furnish each provincial governor and city mayor with the quota of registrants for compulsory military training to be drawn from their respective province or chartered city. The quota for the province shall be broken down into municipal quotas.

Section 21. Acceptance of Registrants Volunteering for Military Training – Registrants who are not selected for compulsory military training but who volunteer for such training may be accepted and allowed to undergo military training. Provided, That said volunteers shall physically qualify for fitness after examination for training and shall be made to execute a written statement that they volunteered for training at their own will.

Section 22. Registration of Citizens Residing or Working Abroad. – The Filipino citizens residing or working abroad, when they become liable to register for reservists training under this Act, shall register with the nearest diplomatic or consular office of the Republic of the Philippine which shall the registrant’s data to the Secretary of National Defense.

Section 23. Notice to Selected Registrants. – The board of canvassers shall cause the immediate and adequate publication of the names of the registrants who have been selected in accordance with Section 18 hereof and once notify the registrants concerned to report to the acceptance board of the city or the municipality where they reside. The board of canvassers shall furnish each acceptance board with the list of the registrants whose names were drawn.

Section 24. Acceptance Board. – There is hereby created an acceptance board in each municipality and chartered city which shall examine and classify registrants whose names have been referred to it by the board of canvassers and pass upon the registrants fitness for training and application for determent, if any. The decision of the board shall be by majority vote. The Secretary of the National Defense shall prescribe the procedure for the operation of acceptance board.

Section 25. Composition of the Acceptance Board. – The board shall be composed as follows:

1. IN CHARTERED CITIES

Local Civil Registrar – Chairman

City Health Officer – Member

Chief of Police – Member

One Civic Leader ( to be chosen by local civic organization) – Member

2. IN MUNICIPALITIES

Local Civil Registrar Municipal Treasurer – Chairman

Municipal Health Officer – Member

Chief of Police – Member

One Civic Leader ( to be chosen by local civic organizations) – Members

Section 26. Classification of Selected Registrants. – Registrants shall undergo physical examination to be conducted by the health officer. The acceptance board shall then classify them into the following categories:

Class A – Fit Unlimited Service;

Class B – Fit for limited service only;

Class C – Deferred until late date; and

Class D – Exempted for mental/physical reasons.

Section 27. Deferment from Training. – The acceptance board, upon evaluation of the evidence to support application for deferment, may grant deferment on the following grounds and conditions:

Individuals who are indispensable to the support of their dependent families may be granted deferments not exceeding two (2) years after which they shall be subjected to training.

Students enrolled in the Reserve Officers’ Training Corps (ROTC) in colleges and universities are automatically granted deferment which shall not extent beyond the period they are to complete their basic ROTC training.

Students who successfully complete such training shall be exempted. Those who fail to complete, or discontinue the training , shall be subject to training.

Seminary students of any religious sect shall be granted deferments for not exceeding the prescribed course in the seminary. Those who complete the course shall be exempted from training. Those who fail to complete shall be subject to training.

Cadets of the Philippine Military Academy and of other military or, police service academies, local or foreign, to include cadets of the Philippine Merchant Marine Academy and other similar local merchant marine academies duly recognized by the Government for the training of officer candidates, including those selected for cadetship in such academies, shall be granted deferments for not exceeding two (2) years. Those who successfully complete at least one-half (1/2) of the prescribed period of the course shall be exempted from training. Those who fail to complete one-half (1/2) of the prescribed period shall, upon their discharge from their courses, be subjected to training.

High school students who are in heir last year of schooling may be granted deferment for not more than one(1) year.

Selected registrants residing or working abroad shall be granted deferments for the duration of their stay abroad; and

Elected officials and presidential appointee whose appointments are passed upon by the Commission on Appointments, during their incumbency.

Section 28. Appeal from Decision of the Acceptance Board. – Where the acceptance board denies the claim of an individual for deferment, he may within thirty (30) days after receipt of written notification by the board appeal his case in writing directly to the Secretary of National Defense. The Secretary of National Defense shall render a decision thereon within sixty (60) days from the date of filing of the appeal. The appellant shall be accorded the right to enjoy the right to be heard by himself and counsel and to present evidence in his behalf. The decision of the Secretary of National Defense or his duly authorized representative shall be final.

Section 29. Expenses of the acceptance Board. – The expenses incident to the operation of the acceptance board shall be borne by the Department of National Defense which shall include the funds therefor in its annual appropriations. The nature and amount of such expenses shall be prescribed by the Secretary of National Defense. The members of the acceptance board shall not receive any salary or compensation for their services in the board. They shall be entitled to receive allowances as the Secretary of National defense shall prescribe.

Section 30. Final Acceptance by the Board. – The registrants who shall have been finally qualified and selected by the acceptance board shall be reported to the Secretary of National Defense. Those selected shall upon instruction report to the designated military camp or unit for training.

Section 31. Procurement of Reservist Officers and Non-Commissioned Officers for Affiliated Reserve Units. – Key officers and employees of government or private entities, corporations, establishments and organizations which have affiliated units shall be encouraged to undergo military training to qualify them as reserve officers or noncommissioned officers. As such, they shall be assigned to key positions in the affiliated units where they are employed and called to active service with these units once they are activated.

Section 32. Security Tenure in Government or Private Employment While on Military Training. – An employee in the government including one in a government-owned or controlled corporation or private employment with monthly operating volume of not less than Three hundred thousand pesos (P 300,000.00) and not less than twenty (20) employees who undergoes military training shall be separated or terminated from such employment, shall not be considered as having forfeited his seniority status, if any, and shall continue to receive the salary he was receiving prior to his call to military training. In the case of private employment, payment of basic salary during such military training shall be in accordance with existing laws or with his company’s policies on its employees on leave from his employment. Upon termination of his military training, he shall resume his former position or, if not practicable, he shall be assigned to a new position without diminution of his pay and allowances provided he is honorably terminated or discharged from such training or service; otherwise, his record of dishonorable discharge from military training or service shall be taken into account as to whether or not he should be reinstated to his former employment.

Section 33. Draftee Training and Service. – As may be ordered by the President, male citizens between the ages of eighteen (18) and thirty-five (35) shall be called to training and active service for a period not to exceed twenty-four (24) months, broken down into training period of not more than six (6) months and an active service period of not more than eighteen (18) months. Registrants will be selected for draftee training and service in accordance with Sections 14 to 26 hereof. A draftee during the period of his active duty service to include the extension of such service is entitled to receive all the pay and allowances due his grade as received by any member of the regular force: Provided, That, upon termination of his draftee service, he shall receive a separation gratuity of not less than one (1) month salary for every year of his service to include the six (6) months shall be considered a complete year for purposes of this gratuity.

Section 34. Retention for Maximum Hospitalization. – A reservist/draftee who is injured or contracts a disease or sickness while undergoing training and service, not due to his intentional misconduct, willful failure or neglect, or vicious or immoral habits, shall be retained beyond the period of his reservist/draftee service with his consent for the necessary hospitalization and medical care until such time that he recovers, or is determined that further hospitalization will not improve his condition. During the period of hospitalization, he shall be entitled to subsistence allowances and hospitalization, he shall be entitled to subsistence allowances and hospitalization benefits as are available to the members of the regular force who are patients in armed forces hospitals

ARTICLE VII

CITIZEN MILITARY TRAINING

Section 35. Basic Citizen Military Training. – Registrants finally selected for military training pursuant to section 30 thereof shall undergo a basic military training for a period of not more than six (6) months. The secretary of National Defense shall prescribe the course of instruction.

Section 36. Citizen Military Training Center. – There shall be established in every province at least one (1) training center for the conduct of citizen military and reservist training with a minimum training capacity of one (1) infantry rifle company at a time. These training centers shall form part of the reserve component organization of the major services and shall be referred to as citizen military training centers.

Section 37. Incorporation into training – Upon reporting to their assigned training centers, the selected registrants shall be physically examined and if found fit for the service shall be inducted into service. Where a change of training center is necessary to provide the requisite training, the commanding officer of the training center shall be authorized to issue the necessary orders covering his transportation and provide the funs for the purpose: Provided, That no registrant shall be transferred to a training center outside his province or designated training center except in the case of Philippine Navy and Philippine Air Force registrants if there are no air or naval training centers thereat.

Section 38. Reserve Officer’s Training Corps. – Military training for students enrolled in colleges, universities and similar institutions of learning is mandatory pursuant to the provisions of National Defense Act and the 1987 Constitution.

Section 39. Establishment of ROTC Units in Schools. – At such colleges, universities and similar institutions of learning that request for the conduct of military training in their institutions, there shall be established and maintained Reserve Officer’s Training Corps units as the Secretary of National Defense may approve, which shall conduct military training for the students of such institutions for the purpose of producing enlisted and officer reservists. The program of instruction shall be prescribed by the Secretary of National Defense and may include instruction to prepare female students for military service. Provided That such course of instruction shall not exceed two years academic years in the case of enlisted reservists, and four (4) academic years in the case of officer reservist which shall include as necessary summer or probationary training of not more than sixty (60) consecutive years. The first two (2) years of ROTC training, which is mandatory, shall hereafter be referred to as basic ROTC while the second two (2) years after said basic ROTC which is voluntary, shall hereafter be referred to as advance ROTC. The allocation of ROTC units to the various major services of the AFP shall conform to the projected manpower needs of their respective reserve components.

Section 40. Acceptance for Advance ROTC. – Students who volunteer for advance ROTC shall be screened by an ROTC acceptance board which is hereby created for the purpose. Composed of the commandant of the ROTC unit, a representative of the school nominated by the school authorities, and a military physician. The student volunteer shall be physically examined for fitness for training and shall further be made to execute in writing a testament that he volunteered for training of his own volition. Where the student is below eighteen (18) years of age, he shall be required to obtain his parent’s or guardian’s consent. In the case of students volunteering for reserve officer’s training, they shall further be subject to competitive examination in order to select the best material. The students undergoing advance ROTC shall be referred to as advance ROTC cadets.

Section 41. Organization and staffing of ROTC Units. – The secretary of national Defense shall prescribe the organization and staffing of ROTC Units. Reserve officers in the active service as well as qualified enlisted and officer reservists in the inactive status shall be given priority to handle training instruction and to assist in the administration and shall be entitled to receive honoraria and other allowances as the Secretary of national Defense shall prescribe.

Section 42. Funds for Maintenance and Operation of School ROTC Unit. – The funds for the establishment, maintenance and operation of ROTC units shall be provided for in the regular annual appropriations of the Armed Forces of the Philippines. Such appropriations shall provide for the full funding support for advance ROTC only. The school of the student may not be required to spend any amount for the establishment, operation and maintenance of ROTC training. Provided, That the school requesting for such establishment shall provide the training ground and office facilities free of charge. The advance ROTC cadets shall each be provided free two (2) suits of fatigue uniform with headgear, belt and one (1) pair of combat boots for the duration of the training. However, those taking the basic ROTC are required to pay a reasonable ROTC fee, the amount to be determined by the Secretary of National Defense in coordination with the school officials concerned.

Section 43. Scholarship Incentive for Advance ROTC Training. – Students undergoing advance ROTC who belong to the upper five percent (5%) of their academic class shall be provided a tuition subsidy of fifty (50%) percent of their annual tuition for the period of their advance ROTC. The funds for this purpose shall be carried in the annual appropriations of the AFP. The Chief of Staff, AFP shall promulgate the guidelines for the implementation of this.

ARTICLE VIII

INCORPORATION INTO THE RESERVE FORCE

Section 44. – Elected Officials and Presidential Appointees. – Elected and presidential appointees may be commissioned in the reserve force subject to the existing rules and regulations.

Section 45. Award of Ranks and Assignments to reserve Units of Graduates of ROTC. – Graduates of basic ROTC shall be given a reserve enlisted rank and serial number and assigned to reserve units and mobilization centers in their provinces. The rank to be awarded shall be from private to sergeant or its equivalent. Provided, That the quota for noncommissioned officers shall not exceed five percent (5%) of the authorized strength of the unit to which the reservists shall be assigned after graduation. Provided, further, That those to be awarded rank above private shall be chosen based on merit. Those who continue to the advance ROTC course shall continue to carry their enlisted rank until their successful completion of advance ROTC.

Section 46. Disposition of Graduates of Advance ROTC. – Those who successfully completed the advance ROTC course shall be recommended for commission in the reserve force as second lieutenants and assigned to the reserve units and mobilization centers in their provinces. Those with manifest potential may be commissioned in the regular force as second lieutenants subject to the criteria for regular officers of this rank fro that particular service. Those who fail to complete the course shall be conferred the enlisted rank of sergeant or its equivalent and similarly assigned to reserve units and mobilization centers. Probationary training as a requisite before commissionship shall be determined by the major service concerned based on technical skills, experiences or qualifications of the applicants.

Section 47. Notification of Reserve Assignment. – The reservist shall be notified in writing of his assignment to a reserve unit and a mobilization center. He shall be made to acknowledge receipt in writing of such notification.

Section 48. Reservists Registry. – The Armed forces of the Philippines shall provide all city/municipal treasurers of chartered cities and municipalities of the list of those who have successfully completed military training, indicating therein among others their rank, serial number, reserve unit assignment and mobilization center. It shall be the duty of the local civil registrar to maintain and update the reservists registry.

ARTICLE IX

MAINTENANCE, TRAINING AND ADMINISTRATION OF THE RESERVE FORCE

Section 49. Accounting of Reservists. – All reservists, particularly those belonging to the Ready and standby Reserve, shall be accounted for their records and status updated and present whereabouts ascertained in order to ensure their readiness to the call of duty. As far as practicable, the services of the national and local reservists and veterans organizations will be tapped to assist in the accounting of reservists.

Section 50 – Organization for Maintenance and Administration. Reserve Force – The major services shall be responsible for the administration, training, equipage and maintenance of their respective reserve force components subject to the regulations to be prescribed by the Secretary of National Defense. In the General Headquarters, AFP and in each Major Service Headquarters, there shall be a staff division of the level of the principal coordinating staff which shall be dedicated to planning and policy formulation for the administration, development, organization, training, equipage, maintenance and utilization of their respective Reserve Force component. The Chief of Staff, AFP shall create an AFP Reserve Command within one (1) year from the effectivity of this Act. In the case of the major services, there shall further be a separate unit dedicated to the implementation of such plans and policies. In staffing the command structure of these units, preference shall be given to qualified reserve officers in the active service and integrees.

Section 51. Training of Individual Reservist and Reserve Units. – Maximum opportunity shall be afforded the reservists to update their skills through compulsory or voluntary training. Such training shall have for its principal purpose the enhancement of the readiness of the individual reservists and reserve units to respond to the call to service. To this end, there shall be two (2) types of training.

Compulsory Training of not less than thirty (30) but not more than sixty (60) days for reserve units and/or individual reservists in a given year preferably to First Category Reservists.

Voluntary Training subject to the capability of the AFP to provide the training. Individual reservists, commissioned and non-commissioned officers shall be encouraged to undergo training on a voluntary basis to upgrade their proficiency with priority to the officers and key non-commissioned officers of the Standby Reserve units. The Secretary of National Defense shall prescribe the course of instruction for the aforementioned training. The services of qualified individual enlisted and officer reservists shall be utilized to the maximum in the conduct of ROTC and reservist training.

Section 52. Reserve Officer’s Non Resident Instruction. – Each major service shall conduct on an continuing basis non-resident instruction for the purpose of maintaining and updating the proficiency of its reservist officers, particularly key officers of Ready Reserve Units. Such instruction shall prepare these officers to assume duties up to brigade command and staff or equivalent. The reserve undertaking such course shall be given priority for call to annual duty training or service with their units or with other AFP units. Successful completion of the non-resident course will be equivalent to having undertaken one (1) annual active duty training tour.

Section 53. Active Duty Tour for Training of Reserve Officers. – In order to improve their professional competence and leadership qualities, reserve officers of the inactive status shall be called to active duty for a period not exceeding two (2) years without extension. Provided, That the quota for such active duty tour shall as far as practicable be proportionately distributed to the province, and cities based on their reserve officer population and size of the reserve units, with priority to units of Ready Reserve I : provided , further that the reserve officers called to active duty shall as far as practicable serve in the province of their reserve unit assignment. A reserve officer who has served his tout shall not be called again to active duty until after five (5) years except in case of mobilization.

Section 54. Classification and Maintenance of Readiness of Reserve Units. – Units which are composed of reservists of the Ready Reserve shall be classified as to degree of readiness to respond to the call to service, as follows:

Ready Reserve I – Unit classified as RRI shall be maintained in a high degree of readiness as to be ready for operational employment in not more than seven (7) days after activation. The individual and crew served weapons and individual clothing and equipment shall be ready for distribution upon their activation. The whereabouts of their reservists shall be constantly ascertained. As necessary these units shall carry an excess of twenty percent of their authorized personnel strength to compensate for those who fail to report or be late in reporting for duty.

Ready Reserve II – Units classified as RRII shall be maintained in a degree of readiness as to be ready for operational employment in not more than fifteen (15) days.

The Chief of Staff, AFP shall select and recommend to the Secretary of National Defense reserve units under RR I and RR II. Provided that in areas threatened by insurgency, there shall be at least One (1) unit of infantry battalion strength under readiness status of RRI.

Section 55. Mobilization Stock. – The minimum essential individual and organization equipment and supplies shall be procured, stored and maintained for selected Ready Reserve units to enhance rapid transition to readiness required fro employment in the shortest possible time.

Section 56. Training as Requisite for Promotion. – Successful completion of training pursuant to Section 51 and 52 hereof shall be a requisite for promotion in rank in the inactive status.

Section 57. Classification of Reserve Officers in the inactive Status. – There shall be only one (1) classification of reserve officers in the inactive status regardless of their source or nature of commission. Likewise, there shall be only one (1) seniority and lineal list for all reservist officers in the inactive status regardless of their source of commission, subject to the rules and regulations to be prescribed by the Secretary of National Defense.

Section 58. Status of Reservists on Training. – Training on compulsory training shall be subject to military law. They shall not receive pay but shall be entitled to allowances and burial benefits as provided by law. Reservists on voluntary training are also subject to military law but shall not be entitled to allowances.

ARTICLE X

UTILIZATION OF THE RESERVE FORCE

Section 59. Mobilization. – The utilization of the Reserve Force in times of emergency to meet threats to national security shall be through mobilization.

Full Mobilization – Full mobilization shall be through the joint act of Congress and the President. When full mobilization is ordered, all units of the Ready Reserve and Standby Reserve will be activated, the reservist constituting them are called to active duty, and the units activated are placed on operational readiness. All other reservists not assigned to any unit or those assigned to reserve pools shall be organized into replacement units.

Partial Mobilization – Partial mobilization shall be through the joint act of Congress and the President. When partial mobilization is ordered, only the units of the Ready Reserve as are necessary to meet the threat will be activated, the reservists assigned to these units are called to active duty and the activated units are placed on operational readiness. The President will specify the units to be activated: and

Selective Mobilization – Selective mobilization shall be by authority of the President. Selective mobilization may be ordered to meet a local threat or emergency situation. When so ordered only selected units of the Ready Reserve of the localities involved are activated and the reservists assigned them are called to active duty; or active auxiliary units are organized and volunteer reservists are called to active auxiliary service for the purpose, under such rules and regulations as Secretary of National Defense may prescribed.

Section 60. Status of Reservists under Mobilization. – An Enlisted officer reservists when called to active duty by virtue of mobilization shall receive all the pay and allowances, medical care, hospitalization and other privileges and benefits prescribed by law of regulations for officers and enlisted personnel of the regular force.

Section 61. Mobilization Centers. – There shall be established in each province as many mobilization centers as needed corresponding to the number and distribution of reservists in the province to which reservists will report when mobilization is ordered. The citizen military training centers in the provinces established under this Act may also be used as mobilization centers. The Secretary of National Defense, upon recommendation of the Chief of Staff, AFP and in consultation with the local executives, shall prescribe the location of the mobilization centers. The location of these centers shall be given the widest public information by the local executives.

Section 62. Demobilization. – When the threat or emergency for which mobilization had been ordered has passed, the {resident shall order the demobilization of the reserve units activated and the reservists of such deactivation units shall be reverted to the inactive status.

Section 63. Auxiliary Service. – For the purpose of helping maintain local peace and order meeting local insurgency threat, assisting in rescue and relief operations, during disasters and calamities, health welfare activities and participating in local socioeconomic development projects, the President may call upon the reservists in the affected or concerned localities to volunteer their services. Such voluntary services shall be referred to auxiliary service and shall be of two (2) types:

1) Civil Auxiliary Service – Civil auxiliary service covers services rendered in helping maintain law and order, assisting in rescue and relief operations, participating in socioeconomic development projects, delivery of health services and other nonmilitary activity. Female reservists shall be given greater participation in this regard. Reservists serving under this category shall not be armed. Those who have licensed firearms may be given permit to carry firearms only when they are actually performing duties in maintaining peace and order, provided adequate control measures are instituted by the proper authorities concerning the carrying and use of firearms. In no case shall the reservists be vested with police powers.

2) Military Auxiliary Service – Military auxiliary service covers services rendered in meeting local insurgency threat. Reservists serving under this category will be organized into Ready Reserve Units. They must be issued and allowed to carry firearms. Provided, That these reservists will be utilized only for the defense of their localities and will not be employed outside their localities. Elected/appointed local government officials are expected to perform their duties and responsibilities in their respective peace and order council levels or similar organizations efficiently and effectively to enhance a total integrated system approach against threats to national security. The Secretary of National Defense shall prescribe the rules and regulation to implement this section in coordination with the Secretary of interior and local government.

Section 64. Status of Reservists on Auxiliary Service. – A reservist performing auxiliary service shall not receive pay but shall be entitled to receive allowances and burial benefits as provided by law. With his consent, a reservist on auxiliary service, whether civil or military , may continue to render such service without receiving the allowances due him. A reservist serving military auxiliary service is subject to military law; whereas, a reservist serving civil auxiliary service is not.

Section 65. Women Reservists. – Women shall have the right and duty to serve in the AFP. The relevant standards for admission, training and commissioning of women shall be the same as those required for men, except for those essential adjustments in such standards required because of physiological differences between men and women.

ARTICLE XI

FUNDING

Section 66. Funding. – All funds previously appropriated for the administration development and training of the reserve component of the AFP and which will subsequently and hereafter be appropriated for the purpose shall be exclusively for the purpose of implementing the provision of this act. To sustain the efficient and effective administration, organization, training, maintenance and utilization of Ready Reserve units and keep them appropriately and adequately equipped and in a state of readiness, as well as provide for the adequate training of citizen soldiers or reservists, adequate funds for this purpose, as may be requested or recommended by the AFP Reserve Command or the AFP shall be appropriated and made available on a continuing basis. The President shall utilize a portion of the Military Assistance Fund available from any source to augment the appropriation for the Reserve Force.

ARTICLE XII

TRANSITORY PROVISIONS

Section 67. Retention of ROTC Units in Colleges and Universities. – ROTC units in colleges and universities shall continuing with ROTC training in accordance with this Act.

ARTICLE XIII

PENALTIES

Section 68. Penalties. – Failure of reservists to respond to the call to compulsory training or service shall be punishable in accordance with the articles of war, and those convicted by a court martial shall be liable for imprisonment of not less than two (2) months to not more than twelve (12) months. Citizens who fail to register for compulsory military training or who after having selected to undergo such training and have been notified thereof fail to report for training shall, upon conviction by the civil court, be punishable and liable for imprisonment of not less than one (1) month to not more than three (3) months.

Section 69. Failure to Provide Updated List of Registrants. – Failure of registrants and canvassers to provide and update listing of registrants under their responsibility shall, upon conviction by the civil court, be punishable and liable for imprisonment of not less than one (1) month to not more than three (3) months under Sections 16 and 19 of this Act.

ARTICLE XIV

RECESSION AND EFFECTIVITY

Section 70. Repealing Clauses. – All laws, decrees, executive orders and regulations which are inconsistent or in conflict with any provision of this Act are hereby repealed or amended.

Section 71. Effectivity. – This act shall take effect upon its approval.

Approved:

JOVITO R SALONGA

President of the Senate

RAMON V MITRA

Speaker of the House of Representatives

This act which originated in the House of Representative was finally passed by the House of Representative and the Senate on April 22, 1991 and March 19, 1991, respectively.

EDWIN P ACOBA

Secretary of the Senate

CAMILO L SABIO

Secretary General House of Representatives

Approved:

CORAZON C AQUINO

President of the Philippines

MALACAÑAN PALACE

MANILA

PRESIDENTIAL DECREE No. 1706

PROVIDING FOR COMPULSORY NATIONAL SERVICE FOR FILIPINO CITIZENS AND AMENDING CERTAIN SECTIONS OF COMMONWEALTH ACT NUMBER ONE, AS AMENDED, OTHERWISE KNOWN AS “THE NATIONAL DEFENSE ACT” FOR THE PURPOSE

WHEREAS, Section 2, Article II of the Constitution provides that: “The defense of the state is a prime duty of the government and the people, and in the fulfillment of this duty all citizens may be required by law to render personal military or civil service”;

WHEREAS, Section 1, Article V of the same Constitution provides, among others, among others, that it is the duty of the citizen to contribute to his country’s development and welfare and to cooperate with the duly constituted authorities in the attainment and preservation of a just and orderly society;

WHEREAS, Commonwealth Act Number One, as amended, makes it obligatory for all citizens to render military service;

WHEREAS, to serve the urgent needs of a developing country such as the Philippines, at present and in the foreseeable future, it is equally vital to enhance respect for the law and lawfully constituted authorities and provide for, promote and develop civic consciousness and participation as it is to insure national defense preparedness;

WHEREAS, the citizens of our country, particularly its youth, as the most valuable resource of our nation, need to be motivated, trained, developed, organized, mobilized and utilized in regard to their responsibilities as citizens particularly their commitment to civic welfare, their respect for the law and lawfully constituted authorities and the fulfillment of their military or civil obligations;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree that:

Section 1. This Decree shall be known as “The National Service Law.”

Section 2. National service shall be obligatory for all citizens of the Philippines. As used in this decree, “National service” shall consist of three main programs namely: civic welfare service, law enforcement service; and military service.

Section 3. Each citizen shall render national service in any of the three main programs stated in Section 2 of this decree or a combination thereof: Provided, That such service shall be credited in his favor for the purpose of fulfilling educational requirements established by law.

Section 4. The terms “military service” and “military training” referred to in Commonwealth Act Number One, as amended, shall mean “national service” and “training for national service”, respectively, as herein defined.

Section 5. The Minister of National Defense, in coordination with the Ministers of Human Settlements, Education and Culture, and Local Government and Community Development, shall issue rules and regulations to implement this Decree, subject to the approval of the President.

Section 6. All provisions of Commonwealth Act Number One, as amended, laws, orders, rules and regulations, or parts thereof, which are inconsistent with this Decree are hereby repealed, amended or modified accordingly.

Section 7. This Decree takes effect immediately.

Done in the City of Manila, this 8th day of August, in the year of Our Lord, nineteen hundred and eighty.

(Sgd.) FERDINAND E. MARCOS

President

AN ACT TO PROVIDE FOR THE NATIONAL DEFENSE OF THE PHILIPPINES, PENALIZING CERTAIN VIOLATIONS THEREOF, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the National Assembly of the Philippines:

TITLE I

NATIONAL DEFENSE

PRELIMINARY ARTICLE.

TITLE of Act

Section 1. This Act shall be known as “The National Defense Act.”

ARTICLE I

NATIONAL DEFENSE POLICY

Section 2. The national defense policy of the Philippines shall be as follows:

(a) The preservation of the State is the obligation of every citizen. The security of the Philippines and the freedom, independence, and perpetual neutrality of the Philippine Republic shall be guaranteed by the employment of all citizens, without distinction of age or sex, and all resources.

(b) The employment of the nation’s citizens and resources for national defense shall be effected by a national mobilization.

(c) The national mobilization shall include the execution of all measures necessary to pass from a peace to a war footing.

(d) The civil authority shall always be supreme. The President of the Philippines as the Commander-in-Chief of all military forces, shall be responsible that mobilization measures are prepared at all times.

(e) A national mobilization shall be ordered in any case of threatened or actual aggression.

(f) The national defense organization shall be adapted as closely as possible to the territorial and administrative organization of the Philippines.

(g) The mobilization plans of financial, industrial, economic, social, intellectual, and moral forces and resources of the Philippines shall conform to the provisions of the Constitution of the Philippines and shall be prepared by the executive departments concerned in accordance with the following general policies: (1) The respective responsibilities of the several executive departments in mobilization planning will be prescribed by the President; (2) forces and resources shall be employed so as to secure unity and continuity of effort until the threatened or actual aggression to the Philippines has been overcome.

(h) No profit incident to war shall accrue to any individual, corporation association or partnership.

ARTICLE II

EMPLOYMENT OF PERSONS AND RESOURCES

Section 3. Military service shall be obligatory for all citizens of the Philippines, and the methods and procedure for the classification, selection, examination, induction, training, and release of all citizens from their military obligations shall be as prescribed in Title III of this Act.

Section 4. The registration of citizens for military service shall be a civil function carried out by the civil authorities under the supervision of the Chief of Staff.1

Section 5. During a national mobilization the Government of the Philippines, acting through the appropriate governmental department, or by delegated authority, shall have the right to secure by mutual agreement or by requisition all such resources, tangible and intangible, and all such services and all other assets or possessions, public or private, as may be necessary for national defense.

ARTICLE III

THE COUNCIL OF NATIONAL DEFENSE

Section 6. There shall be a Council of National Defense which shall consist of the President, the Vice President, the head of each executive department, the Chief of Staff, and six other members to be designated by the President with the consent of the Commission on Appointments of the National Assembly,2 and a permanent secretary of the Council who shall be an officer of the Army. The Council shall advise with the President on all matters of national defense policy. It shall have a permanent staff which shall preserve a documentary record of the Council’s deliberations.3

Section 7. The President of the Philippines shall be Chairman of the Council of National Defense.

Section 8. The method of operation of the Council of National Defense, its detailed duties, and its rights to summon witnesses or consultants shall be fixed in executive orders to be issued by the President. Funds for its operation shall be provided in the appropriations for the Executive Department.

ARTICLE IV

TERRITORIAL ORGANIZATION

Section 9. For the purpose of recruiting the national manpower, providing preparatory military training, executing the national mobilization plans, and supplying the needs of the armed forces in peace and war, the Philippines shall be divided into military districts as the President may direct.4

Section 10. In every military district a commissioned officer of the regular army shall be assigned as District Commander.5 He shall be provided with such assistants as the Chief of Staff may direct.

In time of peace, he shall be responsible, under the Chief of Staff, for the training,6 discipline, and tactical training of all units within his district, and for the preparation of defense plans; and in time of war, he shall be responsible, under the control of the Chief of Staff, for the defense of his district.

Section 11. In every province, The provincial governor shall execute all recruitment laws and the laws and regulations governing the mobilization of persons and resources for national defense, which the Central General Staff of the Philippine Army may prescribe from time to time. The Provincial Inspector7 of the Philippine Constabulary shall be a member of his staff to carry out this duty.8

Section 12. Recruiting areas will as far as possible conform with political subdivisions of the Philippines.

ARTICLE VII

MOBILIZATION CENTERS

Section 13. Mobilization centers shall be located in municipalities, townships and municipal districts according to their military population and the percentage of such population assigned to units of the reserve.

The Chief of Staff shall determine the location and type of mobilization centers to be provided, and the District Commander9 shall be responsible for the operation of these mobilization centers at all times.10

ARTICLE VI

NATIONAL AND PARTIAL MOBILIZATION

Section 14. A National Mobilization shall be decreed by the President of the Philippines on approval of the National Assembly.

Section 15. Whenever the safety of the Philippines is endangered, the President may decree a Partial Mobilization. He shall promptly summon and report to the National Assembly the cause for, and extent of, the Partial Mobilization. The National Assembly shall determine whether or not the Partial Mobilization so decreed shall be annulled.

ARTICLE VII

TECHNICAL ADVISERS

Section 16. The President of the Philippines shall have authority to appoint and maintain such technical advisers from the Army of the United States and for such period of time as he may deem necessary, which shall in no case extend beyond his term of office.11

TITLE II

MILITARY ORGANIZATION

ARTICLE I

COMPOSITION AND ORGANIZATION OF THE ARMY

Section 17. The Army of the Philippines shall consist of the Regular Force and the Reserve Force: Provided, That, members of the Reserve Force on inactive status shall not, by reason solely of their appointments, oaths, commissions, or status as such, be held or deemed to be officers or employees in the Philippine Civil Service.12

Section 18. The organized peace establishment, including the Regular Force and the Reserves, shall comprise all organizations necessary to form the basis for a complete and prompt mobilization for the national defense. The Army shall at all times be organized in so far as practicable into battalions, regiments, divisions, and, if necessary, higher units.13

ARTICLE II

THE REGULAR FORCE

Section 19. Each young man who shall undergo training and service shall, for the duration of his training and service, receive a monthly base pay of not less than ten pesos for the first ten months, and an additional five pesos per month for service longer than ten months, in addition to meals and barracks accommodation, medical and dental attendance, clothing and transportation:14 Provided, That under such regulations as the Secretary of National Defense may prescribe, each such person shall receive allowance the value of which shall not be less than seventy-five pesos: Provided, further, That each such person who, upon completion of training, when assigned for service with a unit or units of the Regular Force on actual combat operations shall receive pay and allowances at the same rates prescribed for enlisted men of the Regular Force. For those who are not on actual combat operations but are assigned for service with any unit of the Regular Force, the Secretary of national Defense may under such regulations as he may prescribe, allow the payment of pay and allowances higher than those prescribed herein: And provided, finally, That each such person who, upon completion of training, when assigned for service overseas with a unit or units of the Regular Force shall be entitled to the same rules of pay and allowances prescribed for enlisted men of the Regular Force for overseas duty.15

Section 20. Officers and enlisted men of the Regular Force shall be assigned to the various branches, corps and services as the President may direct.

All officers and enlisted men of the Regular Force who are not assigned to duty with any branch, corps or service herein provided for shall be carried on the detached officers’ list and detached enlisted men’s list, respectively.

Section 21. The organization of the Regular Force shall be as follows:

(a) All other regular units shall be organized as the President may direct.16

(b) The President may attach to regular units or may assign to duty with any component of the Regular Force such number of reserve officers as he may deem necessary. All periods of such duty as do not exceed thirty days annually shall be considered as regular annual training; all periods in excess of thirty days annually shall be classed as extended tours of active duty.17

(c) The President may likewise attach for their prescribed period of military training such number of trainees to regular units as he deems necessary.18

Section 22. The appointment, promotion, and discharge of officers in the Army shall be as follows:

(a) All commissioned officers in the Army shall be citizens of the Philippines; Provided, That the President may in his discretion retain in the Army any officer now holding a commission in the Philippine Constabulary. Commissioned grades authorized in the Army of the Philippines shall include third lieutenant,19 second lieutenant, first lieutenant, captain, major, lieutenant colonel, colonel, and general officer: Provided, That the general officer grade may be further subdivided into grades as prescribed by the President: And provided, also, That individuals permanently commissioned in a grade above that of colonel shall be known as General Officers of the Line; those not so commissioned but holding an office in the Army to which the grade of general officer is attached shall be known as General officers of the Staff.

(b) Officers shall be commissioned in the Army of the Philippines subject to such examinations for the determination of fitness and proficiency as the President may prescribe. All appointments and promotions shall be made by the President, but the appointments and promotions in the Army from the rank of colonel shall be made with the consent of the Commission on Appointments of the National Assembly.20

(c) 21

(d) 22

(e) In determining the relative standing and precedence in seniority between officers of the regular force and officers of the reserve force of the armed Forces of the Philippines of the same permanent grade, the officers with the longer active commissioned service in that permanent grade shall be the senior, and in cases of the same active commissioned service in permanent grade, the officer with the longer accumulated active commissioned service in the Armed Forces of the Philippines shall be the senior, and in cases not covered by the foregoing, the Secretary of National Defense shall determine the relative seniority of officers concerned.23

(f) Promotion of regular and reserve officers shall be accomplished under such policies and procedure as the President may direct, provided that in time of peace no reserve officer may be promoted to any grade until he has served at least two years in the next lower grade.

Any reserve officer may, in the discretion of the President, be discharged at any time.

(g) 24

(h) In time of war any officer of the Regular Force may be appointed to higher temporary rank without vacating his permanent commission, such appointments in grades below that of colonel being made by the President alone, but all other appointments in time of war shall be in the Reserve force.

(i) Upon his own application and with the approval of the Chief of Staff, any officer may be transferred at any time to a branch or service other than his own without loss of rank: Provided, That no transfers to or from the Judge Advocate General’s Service, The Chaplain Service or the Medical Service shall be permitted. Transfers in time of war shall be made as prescribed by the Chief of Staff.25

(j) With the approval of the American Government, not to exceed one-h of one per cent of the commissioned officers of the Regular Force below the grade of lieutenant colonel may be detailed to duty at foreign military schools.

While on such duty, officers so detailed shall receive the pay and allowances of commissioned officers of their own grade in the army of the country in which the military school is located: Provided, That such pay is equal to or higher than that received by the officer so detailed.

(k) Not to exceed one-h of one per cent of the commissioned officers of the Regular army in any fiscal year may be detailed as students at such technical, professional, and other educational institutions, or as students, observers, or investigators at such industrial plants, hospitals, and other places, as shall be best suited to enable such officers to acquire a knowledge of or experience in the specialties in which it is deemed necessary that such officers shall perfect themselves: Provided, That no expense shall be incurred by the Philippine Government in addition to the pay allowance of the officers so detailed, except for the cost of tuition at such technical, professional, and other educational institutions.

(l) The President is authorized to detail or assign to duty with units of the Reserve Force such officers of the Regular Force as he deems necessary. Commanders of divisions and larger units of the Reserve Force shall be selected from officers of the Regular Force.

(m) Transfers of reserve officers within their category shall be made under such rules as the President may prescribe.

To the extent provided for from time to time by appropriations for this specific purpose, the President may order reserve officers to active duty at any time and for any period, but, except in time of a national emergency expressly declared by the National Assembly, no reserve officer shall be employed on active duty for more than six months in each five years without his own consent: Provided, however, That reserve officers who undergo extended tours of active duty voluntarily for any length of time and receive full pay and allowances therefor, shall not, by reason solely of such service, be exempt from duty with annual maneuvers or annual active duty training. Any reserve officer who fails or refuses to report for such duty, when so ordered, shall be punished as a court-martial may direct.26

Section 23. The General Staff Corps shall consist of the Chief of Staff, the Central General Staff and the General Staff with troops.27

(a) The Chief of Staff shall be directly subordinate to the President of the Philippines.

Under the direction of the President of the Philippines, he shall cause to be made, by the Central General staff,28 the necessary plans for recruiting, organizing, supplying, equipping, mobilizing, training and demobilizing the Army in peace and in war and for the use of the military forces for national defense. He shall render annually to the President, for transmission to the National Assembly, a full report upon the condition of the Army of the Philippines including statements as to strength, cost, unexpended balances, requirements, and so on.29

(b) The Central General Staff30 shall consist of the Chief of Staff, the Deputy Chief of Staff, and such other officers of grades not below that of first lieutenant as the President may direct.

It shall be the duty of the Central General Staff31 to prepare plans for the national defense and for the mobilization of the man-power and material resources of the nation in an emergency, to investigate and report upon all matters affecting the efficiency of the Army and its state of preparation for military operations; to perform such inspections of the Army as may be necessary to insure thoroughness and uniformity in training and compliance with regulations; to perform for the infantry, cavalry, artillery and air units and the Off-shore Patrol32 such functions as the Chief of Staff may prescribe; and to render professional aid and assistance of the Chief of Staff.33

(c) The General Staff with troops shall consist of such number of officers not below the grade of first lieutenant as may be necessary to perform the General Staff duties of the headquarters of divisions and higher units.

It shall be the duty of the General Staff with troops to render professional aid and assistance to the general officers over them; to act as their agents in harmonizing the plans, duties and operations of the various organizations and services under their jurisdiction, in preparing detailed instructions for the execution of the plans of the commanding generals and in supervising the execution of such instructions.

Section 24.34

Section 25. The Services shall consist of the following: (a) The Adjutant General’s Service, the Judge Advocate General’s Service, the Inspector General’s Service, The Quartermaster Service, The Finance Service, the Medical Service, the Ordinance Service and the Chaplain Service. Each service shall consist of a Chief of Service and such assistants as the President may direct. The head of each service shall be responsible, under the supervision of the Chief of Staff, for the efficient performance of duties herein assigned to his service, and for the execution of all instructions and orders issued him by the Chief of Staff.35

(b) The Adjutant General’s Service shall be charged, under such regulations as the Chief of Staff may prescribe, with the operating functions of procurement, assignments, promotion, transfer, retirement, and discharge of all officers and enlisted men of the Regular and Reserve Forces.

(c) The Judge Advocate General’s Service shall render such legal assistance as may be required by the military forces.36

(d) The Inspector General’s Service shall be charged under such regulations as the Chief of staff may prescribe, with the making of such inspections, investigations and reports as may be prescribed in regulations or directed by the Chief of Staff.37

(e) The Quartermaster Service shall be charged with the purchase, procurement, storage, and issue for the Army, of all supplies, except those whose procurement is assigned to other services; with the acquisition of real estate and the issue of license in connection with government military reservations; with the transportation of the Army by land and water, and with such other duties as may be required by law or directed by the Chief of Staff: Provided, That such commissioned technical assistants from other branches or services as may be required shall be detailed to the Quartermaster Service for a period of not to exceed three years.38

(f) The Finance Service shall be charged with the disbursement of all funds for the national defense, the accounting of the same, and with such other fiscal duties as may be required by law or directed by the Chief of Staff: Provided, That under such regulations as the Chief of Staff may prescribe, officers of the Finance Service, accountable for government moneys, may entrust such moneys to other officers for the purpose of having them make disbursements as their agents, and the agent officer as well as the officer who entrusts the money to him shall be bonded and shall be held pecuniarily responsible to the Government of the Philippines.39

(g) The Medical Service shall consist of the Medical Corps, the Dental Corps, the Veterinary Corps, the Nurse Corps, the Medical Administrative Corps and such other corps as may be created by the President. It shall be charged with all matters pertaining to the physical examination, health and sanitation of personnel and animals of the army. The same pay, allowances, rights and privileges shall be granted to the members of the Nurse Corps as are given to the members of the other corps in the Medical Service.40

(g-1) All commissioned officers of the Nurse Corps who were appointed under Executive Order No. 267, dated April 15, 1940, issued pursuant to section 25 (e) of the National Defense Act, as amended by Commonwealth Act Numbered Three hundred and eighty-five, or who were appointed by the President of the Commonwealth of the Philippines and who were inducted into the United States Armed Forces in the Far East and served honorably as such with the said armed forces, shall be considered as commissioned officers of the Nurse Corps created by Republic Act Numbered Two hundred and three.41

(g-2) All said commissioned nurses shall be credited with a period of service equal to the number of years, months, and days which said nurses served on active military service either as members of the Nurse Corps created by Executive Order No. 267, issued pursuant to section 25(e) of the National Defense Act, as amended by Commonwealth Act Numbered Three hundred and eighty-five, or in the status of commissioned officers of the Army of the Philippines inducted into the United States Armed Forces of the Far East.42

(g-3) The respective ranks and grades which said commissioned nurses held under Executive Order No. 267 or in the status of commissioned nurses of the Army of the Philippines inducted into the United States Armed Forces of the Far East are hereby recognized, and the period of service credited to them, as hereinabove provided, shall be counted and construed as continuous or active service for the purpose of determining their grades and ranks, seniority, promotion and retirement as members of the Nurse Corps, Medical Service: Provided, however, That promotions made in the said corps before the approval of this Act shall not be affected thereby.43

(h) The Ordnance Service, the Medical Service, the Air Corps, the Corps of Engineers, the Signal Corps, the Off-shore Patrol,44 and the Chemical Corps45 shall be charged with the purchase, procurement, storage and issue of such special equipment, materials and supplies as apply to their respective services.

These several arms and services are charged with the study, experiment and development of all special materials and equipment pertaining to them.46

(i) The Chaplain Service shall have charge of the religious welfare of the Army.47

Section 25-A. The Corps of Engineers is charged with all construction required for the National Defense, including land and seacoast defenses, with the maintenance and repair of all such construction and with the maintenance and operation of all utilities except such construction and such utilities as may be specifically assigned to other services by the Chief of Staff.

Section 25-B. The Signal Corps shall be charged with the installation, maintenance and operation of all military signal communication systems and equipment, except the installation, maintenance and operation of such systems as may be organic to tactical units.48

Section 26. 49

ARTICLE III

ENLISTMENT AND REENLISTMENT

Section 27. Any male citizen of the Philippines between eighteen and thirty years of age, able bodied, free from disease, of good moral character and habits, of average intelligence, and possessed of such educational attainments as may be prescribed, may be enlisted in the Regular Force under the following restrictions:

(a) Enlistments shall be for a term of three years, and may be made by the recruiting officers at stations of the Regular Force: Provided, That all enlistments in force at the outbreak of the war, or other grave national emergency, or entered into during its continuation shall continue in force until six months after its termination unless sooner terminated by the President.

(b) Unmarried minors between eighteen and twenty-one years of age may be enlisted only on the written and duly attested consent of the father, the mother when she is the only surviving parent, or the publicly known guardian.

(c) Enlistments for service in any province, except for the Regular Division, the Artillery Corps, and Air Corps, shall be from among residents thereof. In so far as practicable, enlistments in those forces shall be apportioned among the various provinces of the Philippines. Any former soldier in the Philippine Army, the Philippine Constabulary, or the United States Army or Navy, of good character and faithful service, may be enlisted in the regular force: Provided, That he is physically qualified and that the difference between his age and his years of actual service shall not exceed thirty years.50

Section 28. Regulations applying to the reenlistment and to the retirement privileges of noncommissioned officers of the Regular Force shall be prescribed by the President.

Section 29. Henceforth, enlisted men of the Armed Forces of the Philippines and Filipinos commissioned or enlisted in the Armed Forces of the United States who retained or reacquired their Philippine citizenship except those discharged for physical disability, who shall have served at least three years and honorably discharged therefrom shall be incorporated in the Reserve Force in the grade in which discharged, and assigned to an organization thereof, subject to annual active duty training in the same manner as any other reservist: Provided, That any other honorably discharged personnel of the United States Armed Forces not otherwise disqualified may be mustered in the Reserve Force: And provided, further, That nothing in this provision shall prevent the dropping from the rolls of the Reserve Force of the name of any person who shall subsequently become not qualified as a reservist.51

ARTICLE IV

MILITARY ACADEMY

Section 30. There shall be established a military training school to be named the Philippine Military Academy, for the training of selected candidates for permanent commission in the Regular Force. The student body in the Military Academy shall be known as the Cadet Corps of the Army of the Philippines.

Section 31. The President is authorized to appoint to the Military Academy annually, subject to such physical and mental examination as he may prescribe, the number of cadets necessary to maintain the Cadet Corps at a strength of not to exceed three hundred and fifty at any one time. Cadets shall be selected from among candidates as hereinafter provided. Candidates for admission must be single and must never have been married, in good physical condition, not less than seventeen nor more than twenty-two years of age on the first of April of the year of admission, and shall be nominated by the members of Congress,52 except as hereinafter provided, each of whom may nominate any number of candidates. The President shall appoint from among those who pass the physical and mental examinations with the highest ratings, the number or numbers necessary to fill the existing vacancies: Provided, That a quota of three members of the Cadet Corps, hereinafter referred to as Congressional53 quota shall be alloted to each Congressional District: Provided, further, That in case no candidates from a given Congressional54 District attain the required minimum ratings, the vacancies in the Congressional55 quota shall be filled by the President from successful candidates at large with the highest ratings: Provided, the President directly, without Congressional56 nomination: Provided, still further, That a quota of eight members of the Cadet Corps shall be filled by the President directly, without Congressional57 nomination, from qualified candidates with the highest ratings who are enlisted men of the Regular Force and who have completed at least one year of active military service and are in active status at the time of admission: Provided, still further, That a quota of four members of the Cadet Corps shall be filled by the President directly, without Congressonal58 nomination, from qualified candidates with the highest ratings who are sons of enlisted men who are serving or who have honorably served for a period of at least six months in the Armed Forces of the Republic of the Philippines or of the Commonwealth of the Philippines, of duly recognized guerrilla units or of the United States Armed Forces prior to July fourth, nineteen hundred and forty-six: Provided, still further, That physically qualified sons of military personnel who have been cited for and awarded the medal for valor may be appointed as cadets by the President directly, without Congressional59 nomination, and mental examination, on the condition that the number of such cadets shall not be included in the Cadet Corps strength of three hundred and fifty as herein provided: And provided, finally, That a quota of one foreign cadet per class may be alloted to each foreign country maintaining diplomatic relations with the Republic of the Philippines on the condition that the pay and allowances, per diems and traveling expenses of such cadet be borne by his country. Foreign cadets shall pass a qualifying mental examination and the number thereof authorized to train at the Military Academy shall not be included in the Cadet Corps strength of three hundred and fifty as herein provided.

The pay and allowances of students at the Military Academy shall be fixed by the President.

Any student, except foreign cadets, who shall, after entrance to the Academy and before completion of the prescribed course of training, be found to be physically unfit for military duty by reason of injury or disease incident to the service, shall be retired with the rank of cadet and shall be entitled to the retired pay and allowances of second lieutenant of the Regular Force.

Upon satisfactory completion of the course of instruction at the Military Academy candidates, except foreign cadets, shall be commissioned second lieutenants in the Regular Forces notwithstanding the age limits for appointment in the regular force prescribed in section four (b) of Republic Act Numbered Two hundred ninety-one, with relative rank in order of final general standing as determined by the Academic Board, and approved by the Chief of Staff: Provided, That any cadet who is discharged from the Academy prior to the completion of the prescribed course of instruction shall not be commissioned in the Regular or Reserve Forces until after the members of his class have been graduated from the Military Academy and duly commissioned: Provided, further, That any cadet dismissed from the Academy for hazing shall not thereafter be eligible for appointment as commissioned officer in the Regular or Reserve Forces.

The Academic Board of the Philippine Military Academy shall be composed of the Superintendent, the Dean of the Corps of Professors, the Commandant of Cadets, and the heads of the departments and shall have the power to confer the degree of bachelor of science under such rules and regulations as the Chief of Staff may prescribe, upon all cadets who may hereafter satisfactorily complete the approved course of studies.

The Chief of Staff shall have authority to grant graduation leaves of absence with full pay to all graduates of the Military Academy, who receive commissions in the Regular Force, for a period not exceeding one month effective upon the date of graduation.

Cadets may be granted leaves of absences from the Military Academy under such rules and regulations as the Chief of Staff may prescribe.

Academic leaves of absences without deduction from pay and allowances may be authorized for the Superintendent, professors, assistant professors, instructors and other officers of the Military Academy for the entire period of the suspension of the ordinary academic studies under such rules and regulations as the Chief of Staff may prescribe: Provided, That officers of the Reserve Force assigned for duty at the Military Academy shall be entitled to the same leave privileges as are authorized the officers of the Regular Force.60

ARTICLE V

THE RESERVE FORCE

Section 32. The Reserve Force shall consist of such number of Infantry Divisions located as the President may direct of such additional sepate regiments, battalions, companies, and similar separate units as the President may authorize; of all reserve classes not assigned to the above units, and of the Reserve elements of the Offshore Patrol.61

The organization of reserve land and air units shall, in so far as practicable, be that of corresponding tactical units of the Regular Force.

SEC.33. The Chief of Staff may detail or assign to duty with Reserve units such enlisted men of the Regular Force as he deems necessary.62

ARTICLE VI

RESERVE OFFICERS AND NONCOMMISSIONED OFFICERS

Section 34. Any person who shall have completed his trainee instruction and who is selected for training as a commissioned officer shall pursue a theoretical course of training of not less than six months to be prescribed by the Chief of Staff, upon completion of which he shall be assigned to duty with a Regular unit as prohibitionary third lieutenant63 for another period of six months. At the end of this service those who have displayed qualities of leadership and who have demonstrated their fitness to command may be appointed and commissioned third lieutenants64 of the Reserve Force and assigned to an organization thereof. Those who fail to complete the course of training shall be transferred to the Reserve Force as enlisted men and shall be assigned to an organization thereof.65

Section 35. At such colleges and universities as the President may designate there shall be established and maintained Reserve Officers’ Training Units of such arms and services as he shall specify, where every physically fit student shall be required to pursue a course of military instruction designed to qualify him for a commission as a third lieutenant66 of the Reserve. In so far as may be practicable, the student shall be permitted to choose the arm or service in which he wishes to train. This course of military instruction, if pursued to completion, shall exempt students from trainee instruction. It shall not exempt them from registration.67

Section 36. The Chief of Staff shall, by mutual agreement with the head of the institution, designate the senior military instructor and such commissioned and enlisted personnel as may be necessary for each institution. He is authorized to issue to such institutions the arms, equipment and other property which he deems essential to the conduct of this instruction.

Section 37. Each year the senior military instructor shall submit to the Chef of Staff the names of those members of the graduating class whom he recommends for further training. These graduates may be ordered to organizations of the Regular Force for a six months’ probationary period. At the end of this service those who have displayed their fitness for Commission may be appointed and commissioned third lieutenants68 of the Reserves and assigned to an organization thereof.

Section 38. Graduates who are not recommended for training as third lieutenants69 and those who fail to qualify for appointment as such shall be assigned to the nearest age group in the Reserve and assigned to an organization thereof as private or noncommissioned officers as recommended. Students of military age who do not complete their courses of study at an institution of learning provided with a Reserve Officers’ Training Unit shall be liable for trainee instruction70 immediately upon severing their connection with the institution. If more than 20 years of age, they shall be assigned to the trainee class next to be called.

Section 39. The President shall appoint and commission, upon the recommendation of the Chief of Staff, such reserve officers as shall in his opinion be needed. If deemed necessary, candidates may be required to undergo training as probationary third lieutenants,71 before being appointed and commissioned in the reserves.72

Section 40. In so far as may be practicable, original appointments by the President in grades above third lieutenant73 shall be made from among those formerly holding Reserve Commissions in the United States Army, from among former officers of the Philippine Scouts and Constabulary, from among former officers of the National Guard and from such others who possess exceptional ability or special training and skill.74

Section 41. Noncommissioned officers of the Regular Force between the ages of twenty-one and thirty years who are recommended for appointment as third lieutenants75 shall pursue the course of instruction of six months prescribed for those who have completed their trainee instruction, and who are recommended for training to qualify as reserve officers. Upon satisfactory completion of this course they may be appointed and commissioned third lieutenants76 of the Reserves and assigned to an organization of the Reserve Force. Except upon mobilization, no service as a reserve officer may be performed by an enlisted man of the Regular Force.77

Section 42. Medical reserve officers shall be procured from graduates of medical colleges and universities under such regulations as may be prescribed by the President.

Section 43. Reserve officers shall be physically examined upon each assignment to active duty. Any reserve officer found physically unfit for active field service shall be discharged.

Section 44. Young men who complete their trainee instruction78 and are selected for additional training79 to qualify them as noncommissioned officers of the Reserve Force shall pursue a prescribed course of three months. Upon satisfactory completion thereof they shall be warranted in the transferred to the Reserve Force and assigned to an organization thereof.

Section 45. noncommissioned officer grade for which they shall have qualified, and then The Chief of Staff shall be empowered to organize and establish such special and advanced school units as he may deem proper for the special training of officers of the technical and supply sections and services, and for the advanced training of selected officers for field, staff, and command duties.

Section 46. All candidates for appointment as reserve officers, except medical officers, shall be required to qualify for appointment as third lieutenants80 of the line before being permitted to pursue any special course pertaining to the technical and supply services.

ARTICLE VII

ACTIVE DUTY TRAINING OF RESERVISTS

Section 47. Periods of active duty training81 in the Reserve Force shall be as prescribed by the Chief of Staff. In so far as may be practicable, the active duty periods for the three echelons shall be as follows: First Reserves, annually, not less than ten days; Second Reserves, annually, not less than five days; and Third Reserves, every third year, not less than seven days.

During such periods of active duty training82 the reservist shall be amenable to the laws and regulations prescribed for the Regular Force. Except with his own consent, no enlisted reservist may be required in time of peace to serve more than thirty days on active duty in any calendar year.

Section 48. Any reservist who fails to report for active duty training83 as directed by the Chief of Staff shall be punished as a court-martial may direct.

Section 49. Any employee of the Government called for trainee instruction, or for regular annual active duty training, or for extended tour of active duty, shall not lose his position or suffer a loss of pay due to his absence in the fulfillment of his military obligations. A reserve officer on extended tour of active duty, regardless of the amount of his compensation in the civil position, shall be entitled to quarters or rental allowance as may be prescribed for his grade by Army regulations.84

Section 50. Mobilization centers shall be constituted as follows:

(a) Mobilization centers shall be established for the purpose of providing storage for the arms, equipment, clothing, and records of units, other than those of the Regular Force, to be mobilized in a national emergency, of making provision in advance of mobilization for the necessary shelter for men and animals of such units during mobilization, and of reducing to a minimum the period necessary for mobilization.

(b) One mobilization center shall be established for each battalion or similar unit or, when for the best interests of the Philippines, for regiments or larger units.85

TITLE III

MILITARY SERVICE

ARTICLE I

OBLIGATION TO SERVE AND LENGTH OF SERVICE

Section 51. All Filipinos are liable to military service.

Section 52. The obligation to undergo military training shall begin with youth in school, commencing at the age of ten years, and shall extend through his schooling until he shall reach the age of twenty-one years when he shall become subject to service with the colors. If at eighteen to twenty-one years of age the youth is not attending any school or college he shall enter the Junior Reserve subject to the exemptions prescribed in section eighty-seven of this Act. The training which he may undergo prior to the calendar year in which he attains twenty-one years of age shall be termed “Preparatory Military Training.”

All school girls shall receive such instruction and training as the Chief of Staff may deem necessary for auxiliary service.

All able-bodied male citizens between the ages of twenty years and fifty-one years, both inclusive, except those specifically exempted, shall be classified as follows:

Trainees.- Those between the ages of twenty and twenty-one years who have been selected to receive military training.

First Reserve. – Those between the ages of twenty-two and thirty-one years both inclusive, and including also all those who have completed trainee instruction or its equivalent even though they may not have attained the age of twenty-two.

Second Reserve. – Those between the ages of thirty-two years and forty-one years, both inclusive.

Third Reserve. – Those between the ages of forty-two years and fifty-one years, both inclusive.86

Section 53. Young men shall be required to register for military training and service in the Armed Forces of the Philippines—Philippine Army, Philippine Constabulary, Philippine Air Force, Philippine navy, and separate Armed Forces of the Philippines units—in the calendar year in which they will attain twenty years of age. The period of such training and service shall be for eighteen consecutive months. Each such person shall receive military training for a period of at least six months. After such training, he may be assigned for duty and service with elements of the Regular Force.87

ARTICLE II

PROCUREMENT OF TRAINEES

Section 54. On January first, 1936, or as soon thereafter as may be practicable, the President shall issue a proclamation calling upon all young men, citizens of the Philippines, who shall attain the age of twenty years in that calendar year, to register for military instruction. Registration shall take place in suitable registration places to be prescribed by the city, municipality, or municipal district government in which they reside, between the dates of April first and seventh. Annual registration shall be held during the same period in succeeding years.

Section 55. The President shall provide by proclamation all necessary rules and regulations for the method and procedure of registration and the selection of trainees for military service.

Section 56. On May fifteenth of each year, the Chief of Staff shall conduct a drawing which shall determine those registrants who are to be called for trainee instruction in the next calendar year He shall cause immediate and thorough publication to be given of the names of those who shall have been drawn. Provincial Governors shall be responsible that each young man in their province who shall have been drawn is notified at once of this fact.88

Section 57. No person convicted of a crime against the Government or of an offense involving moral turpitude shall be permitted to register for military service unless he shall have been previously pardoned by the President.

Section 58. The following persons are exempt from registration:

(a) Members of the Philippine Scouts and the Philippine Army.

(b)Young men, citizens of the Philippines who are residing abroad. These persons shall register within five days after their return to the Philippines in order to determine their obligation for military training.

If under thirty years of age on their return, they shall be liable for military service, and shall enter thereon if drawn at the next national drawing for military service following their return.

(c)Persons who, because of incarceration awaiting trial or undergoing sentece of a court of law, are prevented from registering. They shall upon their release from custody register for military trainee instruction with the president89 of the municipality or township90 in which they reside. If under thirty years of age at the time of release, they shall be liable for trainee instruction; if over that age, they shall not be required to serve with the colors.

Section 59. The following registrants are exempted from trainee instruction:

(a) Ecclesiastic regularly ordained and serving as a member of the clergy and seminary students of a recognized church or sect.

(b) Physicians properly certified and practicing as such.

(c) Superintendents of penitentiaries, corrective prisons, and insane asylums.

(d) The personnel of the coast guard revenue cutter and lighthouse inspection services.

(e) Pilots, navigators and marine superintendents.

(f) Filipino citizens who are civil service eligibles and who are employed regularly by the United States Government:91 Provided, That those of trainee age who have been drafted for military instruction, upon cessation of their employment in the United States Government, shall enter upon such instruction should they be below thirty years of age.92

Section 60.93

ARTICLE III

EXAMINATION, CLASSIFICATION, DEFERMENTS

Section 61. Acceptance Board shall be appointed by the Secretary of National Defense for a term of three years. Boards shall be appointed for such municipalities and municipal districts as the population may require. The Secretary of National Defense shall determine the number and location of Boards required for the administration of this law. They shall consist of five regular members and two or more alternates. Two regular members shall be physicians and where practicable two shall be officers of the Philippine Army stationed in the province. The Secretary of National Defense shall designate the Chairman of the Board. The alternates shall serve and attend the meetings of the Board, in the event of the absence, sickness or other inability of the regular members, upon call of the Chairman of the Board.94

Section 62. The medical members shall advise the board in cases where the young man’s physical condition for military service is in question. Decision by the board as to action on such cases and upon all other matters shall be by majority vote.

Section 63. Young men who have been called for trainee instruction,95 upon reporting to the Acceptance Boards, shall be required to complete a questionnaire of a prescribed form, and to undergo a physical examination. The board shall then classify the young men into the following classes:

(a) Class I—Fit for unlimited service.

(b) Class II—Fit for limited service only.

(c) Class III—Deferred until a later date.

(d) Class IV—Exempted for physical reasons.

Section 64. The following, during the period of their employment or functions, may have their trainee instruction96 deferred for not to exceed three years:

(a) Such officers and employees of the insular,97 provincial, municipal, and municipal district governments, as the President may designate in executive orders.

(b) Officials and agents of organized police forces.

(c) Officials of land, air, and marine transport.

The persons above mentioned shall be exempted from all military service except trainee instruction98 and except for active service in a national emergency, expressly declared by the National Assembly when they shall be liable for military service or special assignment as directed by the President.

Section 65. Deferments may likewise be granted by the Acceptance Boards for those who are indispensable to the support of their dependent families, for agricultural reasons, and for certain key men in industry, commerce or agriculture; provided that such deferments shall not exceed one year, after which they shall be liable to such training99 in the same manner as that prescribed for any other citizen.

Section 66. Deferments for any cause whatsoever shall be made only upon presentation to the Acceptance Boards of supporting evidence either by testimony of witnesses or by documentary evidence or both.

Section 67. The Acceptance Board shall be responsible for the prompt forwarding of the trainee’s name, together will all documents and records pertaining to him, to his future station.

Section 68. Where the Acceptance Board denies the claim for deferment of any individual, he may, within ten days, appeal his case to the Central Review Board in Manila.

Section 69. Where dependency was the cause for deferment and that condition continues after the termination of the period of deferment, the young man shall be liable to trainee instruction,100 and shall enter upon such instruction. During the period of his absence undergoing instruction, an allowance for the partial support of his dependent or dependents, who have no other means of support, shall be made by the Philippine Government. The corresponding acceptance board shall determine the dependent or dependents entitled to this allowance, which shall be fixed by Executive Order.101

Section 70. The expenses incident to the administration of the Acceptance Boards shall be borne by the Government. Except for governmental officials, the salaries of members of the Board shall not exceed P500 per annum, provided that no governmental official, whose salary is paid from the Philippine Government Treasury, shall receive any additional compensation by reason of service on such Boards.

Section 71. The District Commanders102 or their duly appointed assistants shall supervise the recruitment of the man-power in their districts. This responsibility shall extend to a supervision of registration and the administration and operation of all Acceptance Board within the territorial limits of their commands. They shall have access at all times to the records pertaining to registration, examination, and classification. They shall report all irregularities coming to their attention to the Chief of Staff.103

ARTICLE IV

CENTRAL REVIEW BOARD

Section 72. The Central Review Board shall consist of five citizens appointed by the Secretary of National Defense who shall designate the Chairman of the Board. One member shall be an officer of the Philippine Army, representing the Chief of Staff. Initially, one member shall be appointed for five years, one member for four years, one member for three years, one member for two years, and the remaining year. Thereafter, all appointments shall be for five years. In occurs before the expiration of the term of office of any member, his successor shall serve only the unexpired portion of said term. No member shall be eligible for reappointment. Upon the expiration of the term of office of the Chairman, that office shall devolve upon the member having the longest service on the Board. The Board shall hold its session in the City of Manila.104

Section 73. Decision in all matters before the Board shall be by majority vote. The Board shall have authority to employ such staff of assistants and the services of necessary medical examiners as may be authorized by the Secretary of National Defense.105

Section 74. All cases of appeal from the decision of the Acceptance Boards which shall be forwarded by the Provincial Governors shall be reviewed by the Central Review Board. The appellant shall be authorized to be represented by legal counsel, and to present such facts and evidence in support of his case as he shall deem advisable. The decision of the Board shall be rendered without unnecessary delay and shall be final.

Section 75. The salaries of the members of the Board shall not exceed three thousand pesos per annum, except that the military member shall receive the pay and allowance of his rank and service. These salaries and those of the assistants and medical examiners as well as all expenses incident to the operation of the Board, shall be borne by the Philippine Government. Officers and employees of the Government serving as members of the Board or as assistants or examiners thereof, if any, shall not receive any additional compensation.

ARTICLE V

INCORPORATION INTO SERVICE

Section 76. Upon reporting at the designated training station the young man shall be examined physically, and, if fit for the service of his classification, he shall be assigned to duty with an organization and sworn in. If the examination discloses any cause for a change in his classification, the change shall be effected by the local Commander immediately and his assignment o training instruction varied accordingly. Where a change of station is necessary to provide the requisite training, the Commanding Officer shall be empowered to issue the necessary orders covering his transportation. Upon joining his organization, he shall be sworn in. In case of physical disability disqualifying him for military service, he shall be returned to his home and prompt report made of such action to the Chief of Staff and to the Mayor of the municipality or municipal district of his residence.106

Section 76-A. Any person failing to register for military service herein provided, or who shall fail to report to the corresponding Acceptance Board or to a designated training camp after having been duly notified to do so shall, upon conviction, be sentenced to serve not more than six months in prison or to pay a fine of not to exceed two hundred pesos, or both, at the discretion of the Court. Conviction for this offense shall not exempt the person convicted from the military service herein required.

The municipalities and chartered cities shall be exempt from the payment of all court and sheriff’s fees in the prosecution of cases falling under this section.107

ARTICLE VI

TRANSFER TO RESERVE FORCE

Section 77. Upon competition of the prescribed course of trainee instruction108 and, unless the soldier shall enlist in the Regular Force or shall be selected for further training to qualify him as a commissioned or noncommissioned officer, he shall be transferred to the Reserve Force and assigned to an organization thereof by the Adjutant General. From this time his name shall be carried on the rosters of the Reserve force.

Upon transfer to the Reserve Force, such arms, accountrements and clothing as shall be prescribed, shall be transferred to the mobilization center of his organization.

Section 78. On completion of his training instruction the trainee shall pass into the First Reserve where he shall be assigned to an organization. He shall continue to serve in the First Reserve to include the calendar year in which he shall reach thirty-one years of age. On December thirty-first of the year in which he shall become thirty-one years of age, he shall be transferred to the Second Reserve where he shall be assigned to an organization in that echelon. He shall serve in the Second Reserve to include the calendar year in which he shall become forty-one years of age. On December thirty-first of the calendar year in which he shall become forty-one years of age, he shall be transferred to the Third Reserve in which he may be assigned to an organization. He shall serve in this class until he shall be fifty-one years of age.109

Section 78-A. It shall be the duty of all reservists, between the ages of twenty-one and fifty-one years, inclusive, whether they belong to the commissioned, enlisted or other relative grades, to register their names with the municipal secretary of the municipality or city of their temporary or permanent residence. For the purpose of this registration, each municipal secretary shall be furnished a registry book by the Chief of Staff. The registry book will contain such data as the Chief of Staff may prescribe: Provided, however, that the duties herein prescribed for municipal secretaries shall be performed by the Chiefs of Police in chartered cities.110

Section 79. Enlisted men of the Reserve Force shall report for physical examination as may be required by the Secretary of National Defense.111

ARTICLE VII

PREPARATORY MILITARY TRAINING

Section 80. The purpose of preparatory military training113 shall be as follows: To develop the national spriti; to make the youth physically strong; to make the youth morally confident, and to prepare the youth for military service.

Section 81. Preparatory military training114 shall begin with the youth in elementary grade school at the age of ten years and shall extend through the remainder of his schooling into college or the university as set forth hereinbefore. In case the youth ceases to attend school, or for any reason shall have no schooling, he shall become liable for service in the Junior Reserve on reaching the age of eighteen years.

Section 82. Preparatory military training115 is compulsory upon the youth attending school and upon others when they shall become eighteen years of age.

Section 83. The physically unfit shall not be required to undergo military training.116 Physical fitness shall be determined by a board of medical officers which shall be appointed by the District Commander.117

Section 84. The District Commander118 is charged with the supervision of preparatory military training which shall be divided by age and school classes, as follows:

(a) Junior cadets; above ten years of age, attending primary and intermediate schools.

(b) High school cadets; attending high or vocational schools.

(c) Junior Reserves; Eighteen to twenty years of age, both inclusive; young men not attending school or college.119

Section 85. Instructors for cadets shall be assigned from qualified male teachers in school who are members of the Reserve Force or who have satisfactorily completed any course of military instruction which would qualify a person for a commission in the Armed Forced of the Philippines.

Instructors for the Junior Reserve shall be assigned from the officers and men of the Regular Force or of the Reserve Force.

Qualified instructors in the Preparatory Military Training may be required by the Chief of Staff to undergo annual active duty training for not more than thirty days in any calendar year. While undergoing such training they shall be furnished subsistence, suitable quarters and transportation furnishable to reserve officers on annual active duty training.120

Section 86. Courses of instruction shall be prescribed by the Chief of Staff.

Section 87. The following persons are exempted from training in the Junior Reserve: Those who are found physically unfit by a medical board; those who are living abroad; and those undergoing any other form of authorized military instruction.121

Section 88. Parents and employers shall be required to compel attendance at preparatory military training. Upon conviction of deliberate failure to discharge this obligation, the responsible parent or employer or both shall be subject to a fine of not to exceed one hundred pesos.

Enrollment in each category of preparatory military training shall be accomplished at such times and under regulations as the Secretary of National Defense may prescribe.122

TITLE IV

GRADES, PAY AND ALLOWANCES

Section 89.123

Section 90. The annual rates of pay and allowances, to be paid monthly, for officers of the Regular Force, Female Nurses and for reserve officers ordered to extended tours of active duty, except probationary third lieutenants,124 shall be as may be prescribed by the President in Executive Orders.125 Pending issue of appropriate Executive Orders, the rates of pay and allowances now prescribed for officers of the Constabulary shall apply to the officers designated in this section: Provided, That due to the high mortality rate among flying personnel, officers whose duty requires regular and frequency aerial flights, shall receive an additional compensation equivalent to twenty-five per centum of the monthly pay received by non-flying personnel of the same rank and grade.126

Section 90-A. When an officer of the Regular Force or a Reserve Officer ordered to extended tour of active duty suffers some injury or disease shall not be counted against the annual leave allowance provided in sections five and seven of Commonwealth Act Numbered Two hundred twenty. An injury or disease shall be considered as acquired in line of duty when it is contracted in the service for reasons other than the officer’s own misconduct, willful failure, the intemperature use of drugs or alcoholic liquor, or through vicious or immoral habits.127

Section 90-B. in the case of an enlisted man of the Regular Force, an injury or disease shall be considered as contracted in line of duty when it is acquired in the service for reasons other than his own misconduct, willful failure, the intemperate use of drugs or alcoholic liquor, or through vicious or immoral habits.128

Section 91. 129

Section 91-A. 130

Section 92. Individuals undergoing training in the grade of probationary second lieutenant shall receive pay as provided in the preceding section for trainees of more than ten months service, except that they shall receive such allowances in cash or in kind as the Chief of Staff may prescribe.131

Section 93. The members of the Reserve Officers’ Training Units shall receive no pay. They shall receive such clothing allowance for uniforms as the Chief of Staff shall direct.

While undergoing instruction as probationary third lieutenants132 to qualify as Reserve Officers, they shall receive the pay of trainees and the subsistence allowance prescribed for their grade.

Section 94. Reserve Officers and enlisted members of the Reserve Force on annual active duty training shall receive no pay.133 They shall be furnished subsistence and suitable quarters while engaged on such duty. They shall be furnished transportation or reimbursement therefor, for the travel from their home to the place of active duty and return thereto.134

Section 95. Reserve Officers on extended active duty with the Regular Force shall receive pay and allowance, leave with pay, free medical treatment, and other privileges as prescribed by law or regulation for Regular Officers of their respective grades.

Officers of the Army of the United States serving as members of the National Defense Mission may be given during their period of such service, such military offices, rank, command and emoluments as the President of the Philippines may elect. The Commissions conferred upon the officers originally serving as technical advisers shall include one Field Marshall, who shall be known as the Military Adviser.135

Section 96. The Junior Cadets, High School Cadets, and Junior Reservists shall receive no pay.

TITLE V

APPROPRIATION OF FUNDS

ARTICLE I

METHOD OF APPROPRIATING, EXPANDING, AND ACCOUNTING FOR NATIONAL DEFENSE FUNDS

Section 97. Public funds for the defense of the Philippines shall be appropriated, expended, and accounted for according to six purposes, as follows:

I. Pay and Allowances of Personnel.

II. Maintenance of Personnel.

III. Transportation.

IV. Armament, Equipment, and Supplies.

V. Construction.

VI. Miscellaneous.

Provided, That each purpose shall be divided into items as hereinafter described: Provided, further, That for a period of ten years following the passage of this Act, all funds appropriated for any of the above purposes and remaining unexpended at the end of each fiscal year shall be available in succeeding fiscal years for expenditure under the same purposes only, unless otherwise authorized by the President: Provided, finally, That the President may authorize and direct that purchases of any or all items needed by the Army under any of the above purposes shall be made under the direction of the Chief of Staff without the intervention of the Division of Purchase and Supply of the Department of Finance,136 any provision of existing law to the contrary nothwithstanding.137

PURPOSE I

Personnel

This purpose shall include the following items: Base pay, longevity pay, commutation of quarters, and clothing allowance of officers and enlsited men of the Regular and Reserve and Reserve Forces, the pay and allowance of cadets at the Military Academy, the wages and salaries of civilian employees, agents, and unskilled laborers, the allowances provided by law for persons undergoing trainee instruction, Reserve Officers Training Corps instruction, and Preparatory Military Training and the amount or amounts annually appropriated for the Pension and Retirement Fund of the Army.138

PURPOSE II

Maintenance of Personnel

This purpose shall include the following items: Subsistence, sanitation and hospitalization, and quartering of the Regular Force and of the Reserve Force when on active duty, including the lighting, heating, and upkeep of all buildings necessary to the National Defense; the training and education of the Regular and Reserve Forces and of persons undergoing trainee instruction, Reserve Officers Training Corps instruction, and Preparatory Military education for the welfare of the Army, and for burial of members of the Army who die in active service.139

PUROSE III

Transportation

This purpose shall include the following items: The authorized travel expenses as fixed by regulations of the civil and military personnel of the army, the authorized transportation of trainees to and from their homes, the authorized travel expenditure of members of the Reserve Force on active duty or when called for regular annual training, the purchase and maintenance of animal and water transportation, the maintenance and upkeep of motor transportation, and the packing and transportation of all armament, equipment, and supplies.

PURPOSE IV

Armament, Equipment, and Supplies

This purpose shall include the following items: Weapons and their component parts, signal, and engineer equipment and supplies, ammunition, quartermaster, medical and air corps supplies and equipment, the supplies for the maintenance and upkeep of mobilization centers, and all items necessary in the development of the National Defense forces.

PURPOSE V

Construction

This purpose shall include the construction of land and sea-coast defenses, the construction of barracks, quarters, hospitals, depots, arsenals and all other building required for the National Defense, and the acquisition of real estate.

PURPOSE VI

Miscellaneous Expenditures

This purpose shall include the miscellaneous expenditures of the various arms and services of the Military Establishment and of the Central General Staff as determined by the President, and the contingencies of the Army; Provided, That all moneys derived from the sale of products and other activities shall be expended as the Chief of Staff may direct, subject to the approval of the Secretary of National Defense.140

Section 98. 141

TITLE. VI

FINAL PROVISIONS

Section 99. All laws and parts of laws which are inconsistent with this Act, are hereby repealed.

Section 100-101. 141

Section 102. This Act shall take effect upon its approval.

Approved: December 21, 1935.