Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

2613
HOUSE BILL NO.

Introduced By: Hon. Jericho Jonas B. Nograles

EXPLANATORY NOTE

This bill seeks to institutionalize the administration of the basic
Reserve Officers Training Corp. (ROTC) Program in Grade 11 and 12 in
public and private educational institution.

Section 4, Article II of the 1987 Constitution provides:

“Sec. 4. The prime duty of the Government is to serve and
Protect the people. The Government may call upon the people
to defend the State and, in the fulfillment thereof, all citizens
may be required under conditions provided by law, to render
personal military or civil service.”

The defense of the State is primarily the concern not only of the
government but of the people as well. The aforesaid provision affirms the
responsibility of the people to heed the Government's call for assistance
in defending the State by rendering personal military or civil service.
Pursuant to the above stated constitutional provision, Republic Act (RA)
No. 7077, otherwise known as the “Citizen Armed Forces of the
Philippines Reservist Act,” was enacted on June 27, 1991 requiring
mandatory military training for students enrolled in colleges, universities
and similar institutions of learning. RA 7077 established and maintained
the ROTC units for the purpose of producing enlisted and officer
reservists.

On January 23, 2002, RA 9163, also known as the “National Service
Training Program (NSTP) Act of 2001,” was approved with the objective
of inculcating in the youth patriotism, nationalism, and advancing their
involvement in public and civic affairs. However, with the passage of RA


9163, certain provisions of RA 7077 were deemed amended and modified,
and ROTC was made optional and voluntary.

This proposed measure seeks to provide for mandatory basic ROTC.
training for students in Grade 11 and 12 as part of the basic curricula for
Senior High School Education in public and private educational
institutions. This bill aims to enhance the capacity of the country to
produce the needed manpower and to expand its human resources in
times of war, calamities, and disaster, national or local emergencies. This
proposed measures will likewise support the governments law
enforcement strategy against crimes, by creating a pool of well-trained
and prepared reservists. It is noteworthy that reservists have continuously
made significant contribution in providing assistance in relief and rescue
work and other civil assistance activities to meet national and local
emergencies arising from calamities and disasters.

As a safeguard and mechanism to prevent hazing, corruption and
abuse in the implementation of the mandatory basic ROTC Program, the
measure constitute the ROTC Grievance Board, which is vested with the
following powers: i.) investigate and resolve complaints involving,
corruption and abuse in the ROTC Program, ii.) ensure that the ROTC.
Program be free from politicization and from being used to instill a
particular ideology; and iii.) recommend policies and reforms to ensure
adherence of the ROTC Program to the Constitution and laws.

In view of the foregoing, immediate passage of this bill is earnestly

sought.
so JONAS B. "cc


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL NO. _ 2613

Introduced By: Hon. Jericho Jonas B. Nograles

AN ACT

MANDATING THE INSTITUTIONALIZATION DEVELOPMENT
TRAINING, ORGANIZATION AND ADMINISTRATION OF BASIC
RESERVE OFFICERS TRANING CORPS (ROTC) IN GRADES 11 AND
12 IN PUBLIC AND PRIVATE EDUCATIONAL INSTITUTIONS
AMENDING FOR THE PURPOSE REPUBIC ACT NO. 7077,
OTHERWISE KNOWN AS THE “CITIZEN ARMED FORCES OF THE
PHILIPPINES RESERVIST ACT” AND APPROPRIATING FUNDS
THEREFOR

Be it 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 “Reserve
Officers Training Corps (ROTC) Act.

Section 2. Declaration of Constitutional Policy. — The prime duty
of the Government is to serve and protect the people. The
government may call upon the people to defend the State and in the
fulfilment thereof, all citizens may be required under conditions
provided by law, to render personal military or civil service. In the
same manner, the State recognizes the vital role of the youth in
nation building and shall promote civic consciousness among the
youth and shall develop their physical, moral, spiritual, intellectual
and social well-being. It shall inculcate in the youth patriotism,
nationalism, and encourage involvement in public and civic affairs.

Towards this end, the State shall enhance the capacity of the nation
to produce the needed manpower and to expand its human
resources in times of war, calamities and disasters, national or local


emergencies and in support to the government's law enforcement
strategy against crimes by creating a pool of trained reservist.

Section 3. Coverage. — The conduct of military training under the
ROTC shall apply to all students in Grade 11 and 12 in all senior
high schools in public and private educational institutions.

Section 4. Establishment of ROTC Programs in All Public and
Private Educational Institution. —

(a)There is hereby established a mandatory two (2) year Basic
ROTC program for students enrolled in Grade 11 and 12 which shall
form part of the basic curricula for the Senior High School Education
in public and private educational institutions in pursuance to the
provisions National Defense Act and 1987 Constitution with the
objective of producing well-trained and prepared reservist for
military and civic service. The ROTC training is aimed to instill
patriotism, love of country, moral and spiritual virtues, respect for
human rights and adherence to the Constitution. In no way shall the
ROTC be used for political aims, to teach and instill a particular
ideology and as a mechanism for hazing and abuse.

(b)The ROTC shall include the following program of
instruction:

(1) Enhancing the students consciousness in the ethics of
service, patriotism and nationalism, respect for human rights,
appreciation of the role of national heroes in the historical
development of the country, strengthen ethics and spiritual
values, develop personal discipline and leadership and to
encourage creative thinking for scientific and technological
development.

(2) Basic military training for students in order to motivate,
train, organize and utilize for national defense preparedness
or civil military operations. Provided, that no student below the
age of eighteen (18) shall take a direct part in hostilities.

(3) Civic training for students in order to be active participant
and volunteers for the development and improvement of
health, education, ecology and environmental protection,


disaster risk reduction and management, human and civil
awareness and lawful enforcement.

(c)Any student who fails to undergo the mandatory Basic
ROTC in accordance with this Act shall not be qualified for
graduation. In addition, thereto, the non-taking of Basic ROTC
by any student shall be ground for Compulsory Military
Training in pursuance to Section 14 of Republic Act No. 7077.
Any educational institution that fails to institute and implement
the ROTC Program in pursuance to this Act shall be subject
to disciplinary and administrative sanctions as the Department
of Education (DepEd), Commission on Higher Education
(CHED) and Technical Education and Skills Development
Authority (TESDA) may impose.

(d) Guided by the provision of Section 4(b) hereof, the
Department of National Defense (DND), DepEd., and TESDA,
in consultation with other relevant government agencies and
private stakeholders as the Secretary of National Defense
may determine, shall design and formulate the Program of
Instruction (POI) on the Basic ROTC Program in Grade 11 and
12, within sixty (60) days from the approval of this Act and
shall jointly issue the implementing rules and regulations for
the effective implementation of the provision of this Act.

Section 5. Students Exempted from this Act. — The following may
be exempted from the coverage of this Act:

(a) Those who are physically or psychologically unfit as
certified by the Armed Forces of the Philippines (AFP)
Surgeon General or his authorized medical officer, in
pursuance to the recommendation of the educational
institutions where the concerned student enrolled;

(b) Those who have undergone or are undergoing similar
military training;

(c) Those who were chosen by their school to serve as the
school's varsity players in sports competitions; and

(d)Those who may be exempted from training for valid
reasons as approved by the DND, upon recommendation


by any educational institution where the concerned student
is enrolled.

Section 6. Acceptance for Advance ROTC. — Students who
volunteer for advance ROTC Program in Universities, Colleges,
Vocational schools and tertiary institutions shall be governed by
Section 40 of Republic Act No. 7077, or the Citizen Armed Forces
of the Philippines Reservist Act. The provisions of Section 42 and
43 of Republic Act No. 7077 in terms of training, uniforms and
supplies and the scholarship incentives shall remain effective and
applicable for those accepted in the Advance ROTC course.

Section 7. Organization, Operation and Maintenance of ROTC
Units. - The organization, operation and maintenance for the
establishment of ROTC shall be in accordance with Section 41 and
42 of Republic Act No. 7077 which shall remain effective and
operative unless inconsistent with this Act. The Secretary of
National Defense, in consultation with the DepEd and TESDA shall
prescribe the organizational and operational manual of ROTC units
in public and private educational institution for Grade 11 and 12:
Provided; That such educational institution shall be required to
provide as adequate office for the ROTC administrative staff
assigned thereat.

The AFP shall create an office dedicated to the supervision
and administration of the ROTC Program within the Reserve
Commands of the AFP in coordination with the DepEd and TESDA.

Section 8. Incentives for Undergoing ROTC Program. —

(a) Subject to other requirement prescribed by rules and
regulation, graduates of Basic ROTC shall be eligible for
commissionship/lateral entry and enlistment in the AFP,
Philippine National Police (PNP), Philippine Coast Guard
(PCG), Bureau of Jail Management and Penology (BUMP),
and Bureau of Fire Protection (BFP) unless a waiver is


issued by the Department Secretaries of the
aforementioned military and civilian armed forces.

(b) Students undergoing Basic ROTC and those accepted in
ROTC Advance Course shall be provided with free
hospitalization in any government hospital in case of
accident or injury during the training Mandatory insurance
for students undergoing ROTC shall be provided by the
school where the students are enrolled.

(c) Students undergoing Basic and Advance ROTC shall be
given access and privileges with any AFP Commissary and
PX Stores nationwide. The Chief of Staff of the AFP shall
issue the necessary regulations for the implementation of
this privilege.

Section 9. The ROTC Grievance Board. — There shall be created
a Reserve Officer's Training Corps (ROTC) Grievance Board
composed of one (1) representative from the Department of
National Defense and two (2) representatives from the Department
of Education with the more senior representative from the
Department of Education as chairperson. These representatives
shall be appointed for their known integrity, probity, and
independence.

The ROTC Grievance Board shall have the following powers:

(a) Investigate and receive any and all complaints in any
forms, involving corruption and abuse in any form in the
ROTC Program;

(b)Ensure that the ROTC Program be free from politicization
and from being used to instill a particular ideology; and

(c)Recommend policies and reforms to ensure adherence of
the ROTC Program to the Constitution and all laws
penalizing abuse in any form.

All decisions of the ROTC Grievance Board shall be appealable to
the Office of the President.


Section 10. Liability of the Educational Institution. - The
instructor or faculty in-charge of the ROTC shall be responsible for
monitoring the activities involved in the ROTC. The instructor or the
faculty in-charge must be duly recognized active member in good
standing of the faculty at the school in which the ROTC course is
being implemented.

The school or the university and its administrators shall exercise
special parental authority and supervise the implementation of the
ROTC.

In case of violation of any of the provisions of this Act and other
related laws, the instructor or faculty in-charge and the school or
university and its officials shall be responsible and liable for any
damage or injury caused to a student.

Section 11. Funding. — The funding requirement to implement the
establishment, maintenance, and operation of the ROTC Program
shall be included in the budget of the implementing
agencies/department in the annual General Appropriations Act.

Section 12. Separabilty Clause. — If any provision of this Act is held
invalid or unconstitutional, the other provisions not so declared shall
remain in force and effect.

Section13. Repealing Clause. — Pertinent provisions of Republic
Act No. 7077, or the “Citizen Armed Forces of the Philippines
Reservist Act’. And all other laws, decrees, executive orders and
tules and regulations contrary to or inconsistent with the provisions
of this Act are hereby repealed or amended accordingly.

Section 14. Effectivity. — This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in a newspaper of
general circulation.

Approved.