Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second RIgular Sesston
HouseBi||No.     8801
INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULFO,
]OCELYN P. TULFO, AND ERWIN T. TULFO
AN ACT TO FURTHER DEVELOP CAPABILITY AND ESTABLISH EXPEDITIOUS
TRANSFORMATION oF THE DEPARTMm`IT oF NATloNAL DEFENSE AND ITs
BUREAUS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
EXPLANATORY NOTE
With  the  ever-changing  geopolitical  landscape  and  emerging  threats  to  national
security, it is imperative to enhance the capability and efficiency of our defense apparatus to
safeguard the sovereignty and territorial integrity of our nation.
This bill  seeks  to  address  evolving national  security  challenges  and  promote  the
modernization of the Department of National Defense (DND) and its various bureaus.
This proposed legislative measure further aims to enhance defense capabilities of the
DND by allocating resources for the acquisition and development of state-of-the-art defense
equipmentandtrainingfacilitiestostrengthenthearmedforcesandenhancetheiroperational
readiness, promoting collaboration among the different branches of the armed forces to foster
aunifiedapproachtonationaldefense,andimprovinghumanresourcestoensureahighlevel
of professionalism within the defense sector among others.
In view of the current and future security chanenges, this bill aims to strengthen the
nation's defense and ensure the protection of its citizens and territorial integrity through
improved capabifities, increased collaboration, and responsible resource management.
hvlew# foregoing, the urgent passing of this bill is earnestlx
RALPH i^rENDEL p. TULFo
RI3presentatwe
2nd District of Quezon City
ACT-GIS
ACT-CI
G. YAP
ntative
Partytist
ht.
ACT-CIS Par


Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
House Bill No.
8801
INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULFO,
|0CELYN P. TULFO, ERWIN T. TULFO, AND EDVIC G. YAP
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AN ACT T0 FURTHER DEVELOP CAPABILITY AND ESTABLISH EXPEDITIOUS
TRANSFORMATloN oF THE DEPARTMEr`IT oF NATloNAL DEFENSE AND ITs
BUREAUS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House Of Representatives Of the Philippines in Congress assembled:
SECTION 1. SJlorf TI.fzc. - This Act sham be known as the "The National Defense Act of
8       2023".
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10            SEC.  2.  Dcchatltzfi.o#  a/ Poll.qy.  -  The  national  defense  policies  of  the  Repubhic  of  the
11       Phirippines shallbe as follows:
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(a)  h defending the Philippines, the paramount consideration shall be national sovereignty,
territorial integrity, national interest and the right to self-determination;
Q) The preservation of the State is the obligation of every citizen. The security, freedom, and
independence of the Philippines shall be guaranteed by the employment Of all citizens,
without distinction of age or sex, and all resources;
(c)  The national defense organization shall be adapted as closely as possible to the teritorial
and adndnistrative organization of the Philippines;
(d) The civil authority shall at all times be supreme over the military. 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;
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1            (e)  The employment of the nation's citizens and resources for national defense shall be
2                  effected by a mobilization;
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4            (f)  The mobilization shall include the execution of all measures necessary to pass from a
5                  peace to a war footing or in any case of actual invasion or when public safety so requires
6                  as well as during its transition to normalcy or rehabilitation;
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8            (g)  The  mobilization  plans  of  financial,  industrial,  economic,  technological  and  social
9                  resources of the philippines shall conform to the provisions of the constitution and shall
10                  be prepared by the executive departments concerned in accordance with the following
11                   general policies:
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13                         1.   The   respective   responsibilities   of   the   several   executive   departments   in
14                              mobilization planning will be prescribed by the president; and
15                        2.   Forces and resources shall be employed so as to ensure unity and conthuity of
16                              effort until normalcy has been attained; and
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18            (h) No profit incident to war shall accrue to any individual, corporation, association or
19                   parfuership.
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21            SEC. 3. D¢ense co#df.f{.ous ¢#d Aw*J!oH.fry. -Defense conditions shall be the bases for the
22      designation of persons and entities to act on behalf of the state. Defense conditions, hereinafter
23      referred to as ``DEFCON'', are circumstances where the three categories of events -disaster,
24      internal disorders, and invasion -acting separately or in concert tend to, or actually threaten,
25      the  security of the State.  The hierarchy of defense conditions  and the  persons  or entities
26      designated to act on behalf of the state shall be prescribed by the president.
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28                                                ARTICLE I -NATIONAL DEFENSE COUNCIL
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30           SEC. 4. N¢f..oic¢Z De/erse co##ci.i -(a) The National Defense council (Nne) chaired by the
31      President is composed  of heads of the executive  departments, past Presidents,  past Chief
32      Justices of the Supreme Court,  and other  government officials and private citizens as the
33      President may appoint or delegate. It shall have a permanent staff which shall preserve a
34      documentary record of the council's deliberations.
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2            ap) The method of operation of the National Defense council, its detailed duties, and its
3      rights to summon witnesses or consultants shall be fixed in executive orders to be issued by the
4      President. Funds for its operation shall be provided in the appropriations for the Executive
5      Department.
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TITLE I
DEPARTMEI`IT 0F NATIONAL DEFENSE
ARTICLE I - GENERAL PROVISIONS
11            SEC.  5.  M¢#drfe.  -  The  Department  of  National  Defense,  hereinafter  referred  as  the
12      ``Department"  or  ``DND'',  is  the  primary  government  agency  charged  with  the  duty  of
13      implementing the provisions of this Act. The defense establishment shall be nrfutained to
14      maximize its effectiveness for guarding against external and internal threats to national peace
15       andsecurity.
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17            SEC. 6. Pozt)ere ¢"d I"#cfi.ous a/ ±J!c Dapflrfroc#f. -To carry out the above-declared policy,
18      the Department shall exercise and perform the following powers and functions:
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20            (a)  Formulate and prepare national defense policies, strategies, plans and programs;
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22            @)  Formulate, develop, and update the national defense plan of the country, including the
23                  mobHization plan for the employment of the country's citizens and resources for national
2 4                   defense;
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26           (c)  Control, monitor, coordinate, supervise, and evaluate the implementation of national
27                  defense policies, plans, programs, and activities;
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29            (d) Exercise  supervision  and  control  over  the  Armed  Forces  of  the  Thilippines  (AFP),
30                  Government Arsenal (GA), Office of civil Defense (acD), Philippine veterans Affairs
31                  Office (PVAO), and the National Defense university of the philippines (NDUP);
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33           (e)  Formulate, estabhih, implement, supervise, and control a quality management system;
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(f)  Establish, promote, and maintain bilateral and multilateral linkages for defense and
rfulitary cooperation with its international counterparts for the purpose of addressing
traditional and non-traditional security threats;
(g)  Implement the country's  international  defense  and security commitments based on
defense   and   security   treaties,   cooperation   agreements,   international   covenants,
protocols, and other similar arrangements;
th) Develop self-reliance defense posture to guarantee the enhancement of responsive and
progressive capabilities and maximum utilization of resources;
(i)   Develop a responsive Armed Forces capable of addressing various threats to national
security; and
¢)   Perform such other defense-related functions as may be provided by law or directed by
the President of the Thilippines.
SEC. 7. Co#tr#cts. - The Department is hereby authorized to enter into, make, perform, and
19      carry out contracts of every class, kind, and description which are necessary or incidental to the
20      performance of its mandate as provided herein, with any person, firm or corporation, public or
21      private, and with foreign government entities, sutyect to the provisions of existing laws, rules
22       andregulatious.
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24           SEC. 8. Management and control of Dofense Real properties. -(a) The Depaltrnent is hereky
25      authorized  to  administer,  operate,  manage,  control,  maintain,  and  develop  defense  real
26      properties for strategic basing, and to use, hold, acquire, or lease any private real property, right
27      of way, or easement which may be proper or necessary for the accomplishment of its mandate
28      asprovidedinthisAct.
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30           a) The sale and/or exchange of strategic defense real properties shall be prohibited unless
31      otherwise rero]rmnended by the secretary of National Defense, approved by the president of the
32      Philippines, and with the consent of the congress.
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1            (c) The lease and/or development of defense real properties, by joint venture or otherwise,
2      shall be allowed upon prior approval by the president of the philippines.
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4            (d) Any and all income derived from the lease or disposition of such defense real estate shall
5      be remitted only to the AFP Modernization Act Trust Fund, and disbursed in accordance with
6      existing laws, niles and regulations.
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8            SEC. 9. Speci.¢Z De/ertse M¢feri.eJ Aap#..si.f{.o". -When the acquisition for use by the AFP
9      involves  special  defense  equipment or  materiel  or  the  Secretary  of  National  Defense  has
10      determined that the interests of the country shall be protected by negotiating directly with a
11      local or foreign supplier, the AFP shall be exempted from the requirement of government
12      procurement laws  sutryect  to  government  accoundng  and  auditing  ndes  and  regulations:
13      Proz7Zded, That the performance by the supprier of its obligations under the procurement contract
14      shall be covered by a performance security.
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16            SEC.10. £#erxptr.o" foor Jfflporf Li.cercses.  -All acquisition of defense materiel by the
17      Department and its bureaus shall be exempt from import and other licenses imposed by other
18      agencies of the government. In lieu thereof, the Secretary of National Defense shall issue a
19      certification that the goods being imported are exempt from such licenses.
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21            SEC.11. Gro#fs fl"d Dor!¢f€.ous. -The Department, or any of the bureaus, agencies or offices
22      under it, may accept donations, contributions, and grants from various sources, domestic or
23      foreign, for purposes relevant to its functions: P7iorJi.did, That in case of donations from foreign
24      governments  or  persons,  acceptance  thereof  shall  be  sutryect  to  existing  laws,  niles  and
25       regulations.
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27            SEC.  12.  De/erase  Coaperflfjo#  AgreeJJ.e#fs.  -  (a)  Unless  otherwise  provided  by  the
28      Constitution,   the   Department   of   National   Defense   may   enter   into   Defense/Mhitary
29      Cooperation Agreements to develop, enhance, and sustain multi-faceted defense and security
30      engagements and cooperation with the defense and armed forces of other countries.
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3 2           a) Defense/ Military cooperation Agreements shall include, but not limited to, the exchange
33      of information, exchange of visits, exchange of personnel, sulject matter expert exchange,
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1      logistics  cooperation,  defense  industry  cooperation,  humanitarian  assistance  and  disaster
2      response, defense and military doctrine development, research and development in defense
3      science and technology, participation in trade, science or technology exhibits, military and
4      defense exercises, training activities, and education exchanges or other areas of mutual concern.
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6                                                             ARTICLE II -ORGANIZATION
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8            SEC.13. Ong¢#t.z¢f!.oouJ Sfroictore. -The Defense Department shall be composed of the
9      DND-Proper and its bureaus namely, the AFP, PVAO, GA, NDUP, Office of Civil Defense
10      (CX=D),  and  other  instrumentalities  under  the  supervision and  control  of the  Secretary  of
11      National Defense as providedforby law.
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13            SEC.14. Co"posi.ft.o#. -The DND-Proper shall be composed of the office of the secretary
14      of the National Defense and the offices of the undersecretaries and Assistant secretaries, and
15      the Departmentservices.
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17            SEC.15. O#i.ce a/ £Jie secretony. -The office of the secretary shall consist of the secretary of
18      National Defense and his/her immediate staff as determined by him/her.
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20           SEC.16. "e sccref#ny a/Nflft.o#¢J D¢ense. -The secretary of National Defense shall be
21      appointed by the president, sutyect to confirmation by the commission on Appointments.
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23            SEC.17. Pozocrs fl#d I""ctr.ous a/ £fee secretony. -The authority and responsibifity for the
24      exercise of the mandate of the Department and for the discharge of its powers and functions
25      shall be vested in the secretary of National Defense, who sham have supervision and control of
26      the Department. The seeretary shall also perform such other functions as may be necessary or
27      proper to attain the oky.ectives of this Act or as may be provided by law or directed by the
2 8       President.
TITLE 11
THE ARMED FORCES 0F THE PHILIPPINES
ARTICLE I - GENERAL PROVISIONS
SEE.T8.DeclarationOfPolicies.-
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(a)  The AFP, as the protector Of the people and the State, shall secure the sovereignty and
defend the territory of the Republic of the Philippines against all threats;
@)  The AFP shall uphold the Corrstitution and adhere to the rule of law at all times;
(c)  Professionalism in the armed forces and adequate remuneration and benefits of its
members shall be a prime concern of the State; and
(d) The AFP, as an institution, shall be insulated from partisan politics. No member of the
military shall engage, directly or indirectly, in any partisan political activity, except to
exercise the right of suffrage.
SEC. 19. Mt.sst.o# ¢%d F#"ch.oHs. - The AFP is the protector of the people and the State. Its
15      goal is to secure the sovereignty of the state and the integrity of the national territory. It shall
16      havethedutyto:
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(a)  Defend against all forms of threats to national defense and security;
@)  Plan, organize, train, equip, develop, employ, and sustain its Regular Reserve Force for
national defense and security; and
(c)PerformsuchotherfunctionsasmaybeprovidedbylaworassignedbytheColnmander-
inunef.
SEC. 20. CJ!flt.# a/ Co"iae¢#d. - The exercise of authority, direction, command, and control
27      over the AFP shall be carried out through the chain of command, which is the line of authority
28      and  responsibility  along  which  orders  are  passed,  beginning  from  the  President  as  the
29      Commander-in{hief, through the secretary of National Defense, to the chief of staff of the
30      Armed Forces of the philippines (CSAFP) down to the commander of the lowest echelon of
31      command in the AFP: Proui.did, That this does not preclude the president from issuing orders
32       directlytotheAFP.
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1            SEC. 21. Ong##c.z¢£i.o# fl#d cofflposc.fi.o#. -The AFP shall be initially composed of three (3)
2      component services -the Thilippine Army, the phifippine Air Force, and the philippine Navy.
3      These services shall form the citizens Armed Force, composed of the Regular Force and Reserve
4      Force, guided by the Table of organization and Equipment (TOE) of the AFP, prescribed by the
5      Secretary of National Defense upon recommendation of the CSAFP.
ARTICLE 11 - THE REGULAR FORCE
A. ORGANIZATION AND COMPOSITION
CHARTER 1 - GENERAL PROVISIONS
11            SEC. 22. S..zc fl#d coowpost.tr.o#. -The Regular Force, altemately referred to as the standing
12       Force, shall be initially composed of the following:
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14           (a)  Regular officers and warrant officers;
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16            ®)  Reservists called to active duty or on active duty tour for training; and
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18            (c)  Draftees, trainees, and government-sponsored Fhipino cadets enrolled in local or foreign
19                   military schools.
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21           The size and composition of the Regular Force shall be prescribed by the president, upon the
22      recommendation of the CSAFP of the EL]ippines through the secretary of National Defense.
23
24            SEC.  23.  OngH#i.z#ft.o"flJ P".#c..pJc.  -The  President,  through  the  Secretary  of  National
25      Defense, shall organize the AFP into such commands, forces, and units in accordance with
26      operational requirements. For this purpose, the national territory may be divided into such
27      operational areas as the secretary of National Defense may direct.
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29            SEC. 24. OngH#I.z¢f..oouJ sfroictore. -The Regular Force of the AFP shall consist of the Joint
30      Headquarters; the Joint Force cxperational and Functional commands; the component services,
31      namely the lmppine Army, the Philippine Navy, and the Philippine Air Force; and other
32      existing units, component services, commands, and task forces of the AFP. The Secretary of
33      National Defense upon the recommendation of the esAFp may, in accordance with the policies
34      or directives of the president, create additional units, services, commands and task forces, or
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1      reorganize the AFp in response to any situation or in pursuance of operational or contingency
2       plans.
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4       SEC. 25. Operflf..o##J P".#c..pJcs. -The operafronal principles of the AFP shall be as fonows:
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6           (a)  The commander-in-Chief shall exercise command and control through the esAFP with
7                  the supervision of the secretary of the National Defense. The Joint Headquarters AFP
8                 shall be the command-and{ontrol element of the AFP.
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10           a)  The Joint Headquarters AFP shall exercise centralized command-and{ontrol to ensure
11                  unity and coordination of efforts throughout the military establishment;
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13            (c)  The Joint Force operational commands (JFCX=) as force employers shall be responsible
14                  for the decentralized execution of joint operations to achieve maximum operational
15                  efficiency within the military establishment unless otherwise determined by the CSAFP
16                  through the supervision of the secretary of National Defense;
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18           (d) The component services as force providers shall be responsible for the development,
19                 organization,  training,  equipping,  maintenance  and  sustairment  of  combat  forces,
20                  combat service forces, technical and administrative service, and combat service support
21                   forces; and
(e)  The  AFP  Reserve  Force  shall  provide  for  the base  of expansion of the  Component
Services.
CHAFTER 2 - THE |0II`IT STAFF HEADQUARTERS
ARMED FORCES 0F THE PHILIPPINES
29           SEC. 26. M¢#drfe. -The Joint staff Headquarters, which shall be headed by the CSAFP, shah
30      be the command-and{ontrol element of the AFP.
31
32            SEC. 27. Ongi#"..z¢f..oH. -The Joint staff Headquarters shall be composed of the office of the
33      Chief of staff of the Armed Forces of the philippines, Office of the vice chief of staff, Office of
34      the Deputy chief of staff, the AFP Joint, Personal, and special staff, and other key staff offices
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1      and units necessary for the effective command and control of the AFp as recommended by the
2      CSAFP with the approval of the secretary of National Defense.
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4           SEE. 28. The chiof of staf f of the A:rl'Ired Forces of the pndippines. -(a) Tlne presjiden± shall
5      appoint the csAFp from among the officers with the rank of Lieutenant General/Vice Admiral
6      in the active service, who shall hold the rank of General/Admiral.
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8            a>) CSAFP shall serve a minimum tour of duty of two (2) years and a maximum of three (3)
9      years. For this purpose, the CSAFP shall be allowed to complete his maximurn tour of duty
10      beyond his retirement age: Pror7!.did, That the CSAFP may be removed by the President as
11      Commander-in-Chief at any time before the end of the term of three (3) years and deemed
12      retired from active military service.
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14            SEC. 29. Pozoers ¢rid F##ct..o"s. -The chief of staff shall:
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16            (a)  Serve as the principal milhary advisor to the president and the secretary of National
17                   Defense;
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19           a)  Formulate the national military strategy consistent with the national defense strategy;
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21            (c)  Develop policies, strategies, missions, plans, and programs of the AFP; and
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23            (d) Prescribe the organization, powers, functions, and duties of the various staff, services,
24                  and other units of the AFp in accordance with the national defense policy.
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26           SEC. 30. The vI.ce cut.e/ a/ Sto#. -The vice chief of staff shall be the principal assistant of
27      the  CSAFP and  shall perform the  functions  of the  CSAFP  during the  latter's  absence  or
28      incapacity. He shall be appointed in the same manner as the CSAFP.
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30           The vice chief of staff shall serve for a minimum term of one (1) year and a maximum of
31      three (3) years, unless otherwise promoted to the next higher position and without pr9udice to
32      the  compulsory  retirement age  as  provided  in  this  Act:  ProtJi.did,  That no  officer  shall be
33      appointed as a vice chief of staff if that officer has less than one (1) year remaining in the active
34      service:  P7ur7..did ¢rfke7., That the Vice Chief of Staff may be removed by the President as
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1      Commander-inTchief at any time before the end of the term of three (3) years and deemed
2      retired from active military service.
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4            SEC.  31.  T7±e  Dcp#fty  CJ".a/ a/ Sto#.  -  The  Deputy  Chief  of  Staff  shall  integrate  and
5      synchronize the Joint staff works to assist the csAFp in policy formulation and implementation,
6      and command decision-making process through completed staff work.
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8           The Deputy chief of staff shall serve for a minimum term of one (1) year and a maximum of
9      three (3) years, unless otherwise promoted to the next higher position and without prejudice to
10      the  compulsory  retirement age  as  provided  in this  Act:  ProtJc.did,  That no  officer  shall be
11      appointed as the Deputy chief of staff if that officer has less than one (1) year remaining in the
12      active service: Proui.dedrtyrfder, That the Deputy chief of staff may be removed by the president
13      as commander-in-Chief at any time before the end of the term of three (3) years and deemed
14      retired from active military service.
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16           SEC. 32. "c /o{.#f sto#. -The Joint staff, as coordinating staff, shall advise and assist the
17      CSAFp in the performance of his/her functions. The organization, functions, and duties of the
18      Joint staff shall be prescribed by the CSAFP.
19
20           SEC. 33. Perso7aez sto#. -The personal staff, as immediate staff, shall directly advise and
21      assist the csAFp in the performance of his/her functions. The organization, functions, and
22       duties of the personal staff shall be prescribed by the CSAFP: P#ot)1.did, That coordination with
23      other staff is notprecluded.
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25            SEC. 34. Sz7ect.¢J sto#. -The special staff, as specialized, technical, and administrative staff
26      shall advise and assist the csAFp in the performance of his/her functions. The organization,
27      functions, and duties of the special staff shall be prescribed by the CSAFP.
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2:9           SHE.  g5.  Authority  to  Reorgartize  the  General  Headqra:tiers  into  the  Joint  Staff
30      He¢dy#flrters. -In the interest of efficiency and effectiveness, the CSAFP, upon the approval of
31      the secretary of National Defense, may:
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1           (a)  Estabnsh and organize staffs, offices, and units in the Joint staff Headquarters in addition
2                  to the AFP Joint personal and special staff, and prescribe the organization, ndssion, and
3                  functions; and
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5            a)  Abolish existing staffs, offices, and units in the Joint staff Headquarters not specifically
6                 provided in this chapter, or by any other provision of law, or transfer or consolidate their
7                  functions and duties with other staffs, offices, or units.
CHAPTER 3 - ]OII`IT FORCE OPERATIONAL COMMANDS
10
11            SEC.  36.  Ongflr#.zfltr.o#,  M{.ss..o#,  ¢#d F##cfI.o#.  -(a)  The ]FOC  shall be  organized  and
12      estabhihed by the CSAFP with the approval of the secretary of National Defense which shall
13      be under the command, control, and operational direction of its Joint Force commander.
14
15            Q) The mission, functions, duties, and responsibifities, and joint area of operations of the
16      |FCX= shall be prescribed by the secretary of National Defense, in consultation with, or upon the
17      recommendation of the CSAFP.
18
19            SEC. 97. Designation or Assignment of Joint Force  commanders.  -(aL) The Joint Force
20      Commanders of the JFCX= shall be designated or assigned to the said position by the president,
21      upon the recommendation of the CSAFP of the philippines through the secretary of National
2 2       Defense.
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24            @) The Joint Force commanders of the JFOC, as force employer, shall have operational
25      control over all units operating within their respective joint area of operations.
26
27            (c) The Joint Force commanders of the JFOc shall serve for a minimum term of two (2) years
28      and a maximum of three (3) years, unless otherwise promoted to the next higher posifron and
29      without pr¢udice to the compulsory retirement age as provided in this Act: Prow.did, That no
30      officer shall be appointed as a Joint Force commander if that officer has less than two (2) years
31       remaining in the active service: Prov!.dedrtyrfhe7', That Joint Force commanders may be removed
32      by the president as commander-in{hief at any time before the end of the term of three (3) years
33      and deemed retired from active miftary service.
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1
CHAprER 4 - THE CoMpoNENT SERvlcES
2
3            SEC. 38. Ong#"t.z¢ft.o#. -(a) The component services shall be organized by the president,
4      upon the recommendation of the secretary of National Defense and the CSAFP. The chiefs of
5      the component services shall be designated or assigned to the said position by the president.
6
7           ®) The chiefs of the component services shall serve for a minimum term of two (2) years
8      and a maximum of three (3) years, unless otherwise promoted to the next higher position and
9      without prjudice to compulsory retirement age as provided in this Act: Prm!.did, That no officer
10      shall be appointed as Chief of Component Service if that officer has less than two (2) years
11      remaining in the active service: Prour.did, rtyrfha., That the chief of component service may be
12      removed by the president as commander-in-Chief at any time before the end of the term of
13       three (3) years and deemed retired from active military service.
14
15            (c) The component services shall act as force providers, which shall develop, organize, train,
16      equip, maintain, and sustain the necessary forces in support of the AFp ndssious.
17
18            SEC.  39.  T7!e PJzi.Jt.PPI.#c A"r.gr.  -The  Philippine  Army  (PA), headed by  its  Chief,  sham
19      provide forces that will be responsible for the conduct of prompt and sustained joint and
20      combined  ground  operations in support of the  AFP mission.  It sha]] be  composed  of its
21      headquarters, maneuver units, and sustairment units and such other units as may be necessary
22      for the conduct of ground operations.
23
24            SEC. 40. F##cft.ous a/ *Jic "!.Jt.ppc.#e Am¢gr. -The philippine Army shall:
25
26            (a)  Develop, organize, train, equip, maintain, and sustain such ground forces or units as may
2 7                 be necessary for the conduct of prompt and sustained operations;
28
29            @)  Prepare such forces or units as may be necessary for the effective implementation of the
30                  national defense plans and programs and armed forces missions;
31
32           (c)  Formulate and develop, in coordination with the other component services, doctrines,
3 3                  systems, tactics, techniques, and procedures peculiar to the Army;
14


1
2           (d) Implement mobilization of the Army Reserve; and
3
4           (e)  Perform such other functions and duties as may be provided by law or assigned by the
5                    CSAFP.
6
7            SEC. 41.17!c PJ#7£pp..#c Ac.r Force. -The philippine Air Force (PAF), headed by its chief,
8      shall provide forces that shall be employed for the conduct of prompt and sustained naval
9      operations in support of the AFp mission. It shall be composed of its headquarters, air combat,
10      combat support, and sustainment units and such other units as may be necessary for the
11      conduct of air support operations.
12
13            SEC. 42. FWHcft.ous a/ fJ!e pha.Ji.ppi.#e At+ Fo#cc. -The phhippine Air Force shall:
14
15            (a)  Develop, organize, train, equip, maintain, and sustain such naval forces or units as may
16                 be necessary for the conduct of prompt and sustained operations;
17
18           a)  Prepare such forces or units as may be necessary for the effective implementation of the
19                  national defense plans and programs and armed forces missions;
20
21           (c)  Formulate and develop, in coordination with the other component services, doctrines,
22                  systems, tactics, techniques, and procedures peculiar to the Air Force;
23
24            (d) Implement mobihization of the Air Force Reserve; and
25
26           (e)  Perform such other functions and duties as may be provided by law or assigned by the
2 7                    CSAFP.
28
29            SEC. 43.17.a "t7i.PPI.ne Nflt7gr. -The Thilippine Navy (PN), headed by its chief, shall provide
30      forces that shall be employed for the conduct of prompt and sustained naval operations in
31      support of the AFP mission. It shall be composed of its headquarters, naval forces, service
32      support, and sustairment units and such other units as may be necessary for the conduct of
33      navaloperatious.
34
35
15


1           SEC. 44. Functions of the philippine Navy. -The phili:ppine Nal:vy shall..
2
3           (a)  Develop, organize, train, equip, maintain, and sustain such naval forces or units as may
4                  be necessary for the conduct of prompt and sustained operations;
5
6           qu)  Prepare such forces or units as may be necessary for the effective inplementation of the
7                  national defense plans and programs and armed forces missions;
8
9           (c)  Formulate and develop, in coordination with the other component services, doctrines,
10                  systems, tactics, techniques, and procedures peculiar to the Navy;
11
12            (d) Implement mobilization of the Navy Reserve; and
13
14           (e)  Perform such other functions and duties as may be provided by law or assigned by the
1 5                  esAFp.
16
17            SEC. 45. rech„t.car ¢#d Adow..#isfrof..zJc sercJ..cc. -Each component service shall develop,
18      organize, train, equip, maintain, and sustain their respective Technical and Administrative
19      Service composed of, but not limited to, The Judge Advocate General service, Medical corps,
20      Veterinary corps, Medical and Administrative corps, Nurse corps, Dental coaps, Chaplain
21      Service, and corps of professors.
22
23            SEC. 46.  T7zc  Womc7z's Afzaff.Jt.4ny  Co7ps.  -The Women's Auxiliary Corps  as created by
24      Repuhic Act (RA) No. 3835, as amended, shall be integrated to their respective component
25      Service. For this purpose, R.A. No. 3835 is hereby repealed. Further, the number of female
26      personnel in the AFP, notwithstanding provision of relevant laws, shall be prescribed by the
27      Secretary of National Defense.
28
29                    CHAPTER 5 -MILITARY EDucATloN AND TRAINING INSTrruTloNs
30
31            SEC. 47. Ong##I.z¢tr.o#, Mt.ss{.o#, ¢#d F##cfi.ow. -The philippine Military Academy (PMA),
32      Command  and  General  Staff  College   (CGSC),   Officer  Candidate  School   (CX5),   Non-
33      Commissioned  Officer  Academy  and  other  Military  Education  and  Trairing  Institutions
34      organized and estabhihed by the CSAFP with the approval of the Secretary of the National
16


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Defense shall be under the command, control, and direction of their Military Education and
Trainingsuperintendent/Commandant.
®) The mission, functions, duties, and responsibilities of the military education and training
institutions shall be prescribed by the CSAFP with the approval of the Secretary of National
Defense.
SEE.48.ThePhihppineMjlitaryAcade'rny.-
(a)  Ma7idrfe. The PMA categorized as a special higher education institution is the primary
training and educational institution of the AFP, which shall be its principal source of
regular officers. The degree programs, instruction, faculty complement, research, and
facilities  of the  PMA  shall be  accredited by  the Commission on Higher  Education
(CHED).
®)  07`gr#i.z#fro". The PMA headed by the Superintendent shall be organized as prescribed
by the Secretary of National Defense, upon the recommendation of the CSAFP.
(c)  Dcziezqu"e#f. The PMA shall determine its teaching, manpower, curiculum, research and
extension thrusts, plans and programs, standards and budget.
(d)  G¢def Cbnys. The student body of the PMA shall be known as the Cadet Corps Armed
Forces of the Philippines (CCAFP) and shall have such strength, as the Secretary of
National Defense, shall determine, upon the recommendation of the CSAFP.
(e)  Acodemie Bored. There shall be an Academic Board organized by the Superintendent. The
Board shall, in accordance with the niles and regulations prescribed by the CSAFP, have
the power to confer baccalaureate degrees upon the cadets who satisfactorily complete
the approved course of study.
(f)   S#peri.7iferide7if. The Superintendent shall serve for a minimum term of two (2) years and
a maximunt of three (3) years, unless otherwise promoted to the next higher position and
without prejudice to compulsory retirement age as provided in this Act: P7ior7!.did, That
no officer shall be appointed as Superintendent if that officer has less than two (2) years
17


remaining  in  the  active  service:  Proz7!.did, rtyrfher,  That  the  Superintendent  may  be
removedbythePresidentasCommander-inchiefatanytimebeforetheendoftheterm
of three (3) years.
4
5            (g)  Bored a/ VI.si.tors. The PMA shall estabhih a Board of visitors to look into the acadendc
affairs of the Academy with the end of enhancing its educational systems. The Board of
Visitors shall be composed of at least five (5) but not more than seven (7) members
designatedbytheSuperintendent,whosemembershipshallmeetatleastonceayear.
9
T0          SHE. q9. Authority to Estallish other Military Training Iustitutious. -The predderit, apon
11      the  recommendation  of the  CSAFP  through the Secretary  of  National  Defense,  is  hereby
12      authorized to estabhih other military training academies and institutions in the AFP.
13
14                          B. RECRUITMENT, PROMOTION, AND CAREER DEVELOPMENT
15                                                CHARTER 1 -COMMISSI0NED OFFICERS
16
17            SEC. 50. Qw¢Z./{.caft.o#s. -All persons commissioned as officers in the Regular Force shall be
18      natural born citizens of the philippines, of legal age, of good moral character, physically and
19      mentally qualified for active military service, and shall have such other qualifications as may be
20      prescribed by the secretary of National Defense.
21
22            SEC. 51. Appo{.#froc#fs !.# ±fee RcgrJ¢r Force. -(a) Officers shall be permanently appointed
23      by the president in the Regular Force in accordance with the provisions of the constitution.
24
25            @) Except as otherwise provided in this Act, the date of rank of a commissioned officer in
26      active service in the Regular Force shall be the date of permanent appointment in that grade by
2 7      the president.
28
29            SEC. 52. Rct7ocof{.a"/ Cowfflc.ssi.o#. -The commission of an officer may be revoked by the
30      President at any time, upon the recommendation of the secretary of National Defense, when
31      found not fuuy qualified for such commission or lacking any qualification prescribed by law or
32       regulation.
33
18


1            SEC. 53. O#i.car Gmede Disfro.I.#fc.o#. -The secretary of National Defense shall prescribe the
2      authorized number of officers in the Regular Force in each grade in each component service in
3       accordance with the TOE.
4
5            SEC. 54. Disfro.b#tr.o# a/ Genertz34TJ¢g o#{.cers. -The number of general/flag officers herein
6      authorized sham be distributed to the various general/flag officer grades by the secretary of
7      National Defense based on the recommendation of the csAFp in accordance with the TOE.
8
9            SEC. 55. To#r a/D#fty I.# Keg/ Post.fI.o#s. -No officers with less than one (1) year rermining
10      active   service   shall   be   designated   to   positions   requiring   the   rank   of   Brigadier
11      General/Commodore or higher.
12
13            SEC. 56. AFP profflofro.o# Sgrsfe7„. -(a) The AFP promotion system shall be governed by the
14      principle that as officers are promoted from one grade to the next higher grade, the criteria of
15      competence, merit, and potential are the primary consideration.
16
17           Q)  The  AFP  Promotion  System  shall  be  the  primary  means  by  which  the  AFP  shall
18      periodically evaluate and assess its ranks of officers and sham institutionalize and continue to
19      implement an efficient process of selection for promotion, as well as for attrition for officers as
20      prescribed by the secretary of National Defense.
21
22           (c) The AFP promotion system shall be governed by a management system with a view of
23      ensuring smooth succession in the filling of vacancies in key positions as and when these occur.
24
2 5            (d) The secretary of National Defense shall prescribe the seniority and promotional lineal list
26       of the AFP.
27
28           SEC. 57. Pro"ofi.o# fo Gencrflifhag o#{.car Grades. -No officer shall be promoted to the
29      rank of Brigadier General/Commodore or higher unless there is an existing vacancy and the
30      officer is occupying a position in the TOE that requires the rank for which he is being considered
31      for promotion or assignment.
32
19


1            SEC.  58. Mori.rm#ffl  Ten#re c.# Rfl[#k.  - The maximurn tenure of officers in the ranks of
2      Colonel/Captain and General/Flag officer in the AFp are hereby prescribed as follows:
3
4
5
6
7
8
Colonel/Captain
BrigadierGeneral/Commodore
Major General/ Rear Admiral
Lieutenant General/ Vice Admiral
General/Admiral
8 years
4 years
3 years
4 years
4 years
9
10           Unless earlier separated or retired or promoted to the next higher rank or occupying a
11      position  calling  for  the  ranks  of  higher  grade  in  the  AFP  TOE,  Colonels/Captains  and
12      Generals/Flag officers shall be compulsorily retired upon the attainment of the maximurn
13      tenure in rank herein prescribed, or upon reaching the age of compulsory retirement, whichever
14      is earfier, except for those who may be allowed by the president to finish tenure in position as
15      recommended by the secretary of National Defense.
16
17           SEC. 59. Determination and Allocation of Key positions. -The secTetry of the Department
18      of National Defense, upon the recommendation of the CSAFP, shall determine and allocate the
19      number of key positions among the component services, headquarters and support units of the
20      AFP based  on  the  technical nature  of the  organization,  position,  task,  scope  and  area  of
21      responsibilities,  equipage,  prevailing  Defense  Condition  and  other  considerations  as  the
22       exigencies of the service may require.
23
24                                                         CHARTER 2 -WARRANT OFFICERS
25
26            SEC. 60. Qa4¢Z./I.cafr.ous /or Apz7oz.«froenf. -Any natural hem citizen of the philippines, of
27      legal  age,  physically  and  mentally  fit  for  military  service,  of  good  moral  character,  and
28      possessed  of  such  educational  attainments  and  specialized  skil]s  or  expertise  as  may  be
29      prescribed by the secretary of National Defense, may be appointed in the Regular Force.
30
31            SEC. 61. Appot.#froenfs 1.# ±J!e RegrfJ¢r Foroe. -Warrant officers shall be appointed by the
32      Secretary of National Defense.
33
20


1            SEC. 62. Rct)ocaf!.oH a/Appofrofroc"f. -The appointment of an officer, who is found not fully
2      qualified for such appointment or who lacks any of the qualifications prescribed by law or
3      regulation  may  be  revoked  by  the  Secretary  of  National  Defense  at  any  time,  upon  the
4      recomlnendation of the CSAFP.
5
6           SEC. 63. W¢„fl»f o#{.cer M¢ovgowenf. -The secretary of National Defense shall prescribe
7      the special career management, employment, grades, rank and authorized number of warrant
8      officers in the Regular Force in each grade in each component service in accordance with the
9      operational and organizational needs of the AFP.
10
11                                                        CHAPTER 3 -ENLISTED PERSONNEL
12
13            SEC. 64. Qz"7z/I.cotr.ous/07` E«7z.sf77£ertf. -Any natural born citizen of the Thilippines, of legal
14      age, physicany and mentally fit for military service, of good moral character, and possessed of
15      such educational attainments as may be prescribed by the secretary of National Defense, may
16      be enlisted in the Regular Force under the following restrictions:
17
18            (a)  Except as otherwise provided herein, each enlistment in the Regular Force shall be for a
19                  term of five (5) years: Proz„.did, That all enlistments in force at the outbreak of war, or
20                 other grave national emergency, or entered into during its continuation sham remain in
21                  force until six (6) months after its termination, unless sooner terminated by the president;
22
23            Q)  Enlistment  for  service  shall  be  apporfroned  among  the  various  provinces  of  the
24                  Philippines,  as  far  as  practicable,  provided  that  qualifications  for  competency  as
25                  prescribed shall be observed; and
26
27           (c)  Re€nlistment in the Regular Force shall be prescribed by the secretary of National
2 8                   Defense.
29
30            SEC. 65. £#Jt.sfed R¢#ke. -The ranks of enhisted personnel in the AFP shall be in accordance
31      with the guidehines set forth by the CSAFP. The total number of enlisted personnel in the
32      enlisted ranks and nomcommissioned officer grades  shall be prescribed by the CSAFP in
33      accordance with the number of authorized positions in the approved TOE.
21


1
2           SHE. 66. Endistmeut and career Development of Enlisted person:nel system. -The seclctary
3      of National Defense shall, upon the recommendation of the CSAFP, prescribe the guidelines,
4      which  shall  govern  the  procurement,  enlistment,  training,  promotion,  and  discharge  or
5      separation of all enlisted personnel in the AFP.
6
7            SEC. 67. A#ffeo".fry to profflofe fl!#d Den.ode. -The authority to promote and demote Enlisted
8      Persormel shall be prescribed by the CSAFP.
9
10                                                        C. RETIREMENT AND SEPARATION
11
12            SEC. 68. Refjrei#e}If fled squflrflft.o#. -Retirement, whether compulsory or optional, and
13      separation from military  service,  shall conform with existing  laws,  rules,  and  regulations
14      without prgudice to the provisions of this Act.
15
16           SEC. 69. RecaJJ foffl Ref..rel..enf. -An officer or warrant officer who retired from active
17      service may be recalled to active duty by the president during national mobilization and shall
18      be surtyect to the Articles of war. They shall be recalled in the last permanent rank held before
19      redrement.
20
21            SEC.  70.  Ref!.rene#f  fl#d  Scpflmfl.o#  Be#¢{.ts.  -  Congress  shall  allocate  funds  for  the
22      retirement and separation benefits as according to existing laws, niles, and regulations.
23
24            SEC. 71. A#r.lil.o" Sgrsfe#c. -(a) The attrition system for officers shall be prescribed by the
25      President as recommended by the secretary of National Defense.
26
27           a) The attrition system for warrant officers shall be prescribed by the secretary of National
28      Defense as recommended by the CSAFP.
29
30           SEC. 72. Ef fect of Loss of Filipino citizenship. -Pursoant to existh8 IAws, ar\:y retired
31      nulitary personnel, receiving retirement and pension benefits pursuant to the provisions of this
32      Act, who loses his/her Filipino citizenship, shall no longer be entitled to receive pension and
22


1      retirement benefits. The survivors of any retired ndlitary personnel who loses his Filipino
2      citizenship shall no longer be entitled to receive survivorship benefits.
3
4                                      D. ADMINISTRATION OF MILITARY JUSTICE SYSTEM
5
6            SEC. 73. Mi7t.tory Jasft.ce. -(a) Except as otherwise provided in this Act, enforcement of
7      discipline  and  military  justice  shall  be  governed  by  applicable  laws  and  administrative
8      issuances as prescribed by the president upon recommendation of the secretary of National
9       Defense.
10
11            Q)  There  shall be  reduction in grade,  demotion of rank,  suspension Of active  service,
12      forfeiture, suspension, or withholding of pay and allowances of officers, except those ranks
13      confirmed by the commission on Appointments, found administratively liable. The procedure,
14      extent, or system of which shall be prescribed by the president as recommended by the secretary
15       of National Defense.
16
17            (c) Procedure, extent, or system of reduction in grade, demotion of rank, suspension of active
18      service, forfeiture, suspension or withholding of pay and allowances of warrant officers found
19      administratively   liable   shall   be   prescribed   by   the   Secretary   of   National   Defense   as
20      recommendedby the esAFP.
21
22
E. LEGAL ASSISTANCE
23
24            SEC. 74. £#ferisi.on a/ Lcgrz Assishaace. -AIl military personnel charged of service-related
25      or service-connected administrative, civil, or criminal offenses, upon approval of their chiefs of
26      Component services, shall be provided adequate legal representation and assistance by military
27      lawyers or counsel of their own choice until conclusion of the case. Reasonable allocation can
28      be charged against the fund of component service to support such case.
29
30                                                         ARTICLE Ill -THE RESERVE FORCE
31                                                 cHAprER 1 -GENERAL PRovlsloNs
32
33            SEC. 75. M¢nd¢fory Mt7I.tory set'z7t.ce. -h relation to the patriotic duty of every citizen to
34      defend the country when obliged to preserve and protect sovereignty, every Filipino, natural
23


1      born or naturalized, shall be sutyect to basic, suitable, and sufficient military training and
2      education for a minimum of two (2) years of mandatory military service.
3
4            SEC. 76. P#nyosc. -The purpose of the Reserve Force is to provide the base for the expansion
5      of the AFp in the event of disaster, internal disorder, and invasion.
6
7            SEC. 77. Ong##..zflfi.o" a/ fJ!e ReserzJc force. -The organization of the Reserve Force shall
8      conform to the projected and actual needs as determined by the secretary of National Defense
9      upon the approval by the president. The TOE of the Reserve Force shall be prescribed by the
10      Secretary of National Defense upon recommendation of the CSAFP.
11
12
13
14
15
16
17
18
19
20
CHAPTER 2 - COMPOSITION 0F THE RESERVE FORCE
SEC. 78. Cofflpos..f}.o#. - The Reserve Force shall have three (3) components, namely:
(a)  The Army Reserve Component;
@)  The Air Force Reserve Component; and
(c)  The Navy Reserve Component.
SEC.  79.  A#I.I..¢fed  ReserzJe  U#..fs.  -  Affiliated  Reserve  Units  (ARUs)  are  private  and
21      government entities, corporations, establishments, and organizations at the national, provincial,
22      city, and municipal levels which provide essential public and strategic services necessary to
23      support the prosecution of national defense plans or to meet an emergeney. ARUs shall belong
24      to any of the Reserve Force components.
25
26            SEC. 80. C¢JJ fo Act.zJe D"fty a/ £#c ReserzJC Force. -Reservists may be called to active duty
27      for training and/or deployment as prescribed by the csAFp as approved by the secretary of
2 8       National Defense.
29
30
31
32
33
24


TITLE Ill
OTHER BUREAUS AND AGENCIES UNDER THE DEPARTMENT
ARTICLE I ~ GENERAL PROVISIONS
5            SEC.  81.  S#pcrz".st.oH  ¢#d  Cor!froJ.  -  The  Secretary  of  National  Defense  shall  exercise
6      supervision and control over the bureaus and agencies under this Title, as wen as its personnel.
7
8            SEC. 82. Ong#"{.z"fl.o#. -(a) Uhless otherwise provided by law, the organization, functions,
9      duties, and responsibhities of the staff and operating units of each of the bureaus and agencies
10      under the Department shall be as prescribed by the secretary of National Defense in appropriate
11      rules and regulations issued for the purpose.
12
13           @) For this purpose, and in the interest of service, the secretary of National Defense may, in
14      accordance with the pdicies or directives of the president:
15
16                   1.   Establish and organize staffs, offices, and units in the bureaus or agencies and
17                          prescribe the titles, powers, functions, and duties of the positions therein;
18
19                   2.   Abolish existing staffs, offices, and units in the bureaus or agencies not specifically
20                         provided by law, or transfer or consolidate their functions and duties with other
21                           staffs, offices, or units; and
22
23                   3.   Abolish a position of any bureau or agency and transfer or consolidate its functions
24                          and duties with those of another position.
25
26           sot. &3. Separation Benof its of of f icials and Employees of ALf f ected Bureaus or Agencies. -
27      Government employees displaced or separated from the service as a result of the restructuring
28      pursuant to this Act shall be entitled to a separation pay and other benefits in accordance with
29      existing laws, rules, or regulations.
30
31
32
33
34
25


ARTICLE 11
THE GOVERNMENT ARSENAL
4           SEC. 84. Mdndafe. -The Government Arsenal shall develop, operate, maintain, and secure
5      facifities for the manufacture of weapons, munitions, and other defense materiel to support the
6      requirements  of  the  AFP,  Philippine  National  Police  (PNP),  and  other  law  enforcement
7      agencies, and to sell and export products in excess of the local demand.
8
9            SEC. 85. Pozoer fl#d F#"cf{.o„s. -The Government Arsenal shall have the following powers
10      and functions:
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(a)  Formulate  and  inplement  plans  and  programs  towards  the  achievement  of  self-
sufficiency in weapons, small arms ammunition, mortars, medium and large caliber
amlnunition,  and  other  munitions  needed  by  the  country's  defense  and  security
establishments;
@)  Design, conduct research, develop, manufacture, procure, repair, stockpile, and allCh=ate
weapons, munitions, and other defense materiel sutyect to existing laws and regulatory
requirement;
(c)  Sell  and  export products  in excess  of the  requirements  of the  AFP and  other  law
enforcement agencies, sutyect to existing laws;
(d) Devise ways and means for the efficient mobilization of civilian/private industry to
augment its production for use of the defense and security forces; and
(e)  Establish, secure, and operate government defense manufacturing plants, as necessary,
in strategic locations within the country.
SEC. 86. Onga#I.z¢f..o# fl#d Ad"..#1.sfrHfl.o#. - The Government Arsenal shall be headed by
31      a  Director  with  one  or  more  Assistant  Directors  who  shall  support  the  Director  in  the
32      administration, manufacturing operations, and other affairs of the bureau; all of whom sham be
33      appointed by the president upon the recommendation from the secretary of National Defense,
34      and who shall have the relevant expertise, training, and experience in the field of munitions.
35
26


1            SEC. 87. ModeHCI.z¢fi.o# a/ the Arser¢¢Z. -The modemization of the Government Arsenal, for
2      the development of production capabiELes to enhance self-sufficiency in defense requirements,
3      shall be part of the defense modernization program. The Goverrment Arsenal may use such
4      production fachities as it may own or be provided with under this Act or as it may arrange,
5      under joint venture, co-production, or similar agreements with local and foreign entities.
ARTICLE Ill
NATIONAL DEFENSE UNIVERSITY 0F THE PHILIPPINES
10           SEC. 88.  Tra"s/om!¢f{.o# a/ £Jie NDCP. -In view of the rapidly evolving national and
11      regional security environment, the current academic trends and research thrusts of defense
12      institutions in the Asia pacific, and the increasing need for specialized defense and security
13      courses to enhance the academic foundation of promoting Philippine national security, the
14      National Defense college of the philippines (Nnep) is hereby transformed into the National
15      Defense  University  of  the  Philippines  (NDUP)  categorized  as  a  special  higher  education
16      institution. To ensure the continuous operation of the college, all its personnel and resources
17      shallbeabsorbedbytheNDUP.
18
19           SEC.  89. Mandate.  -In accordance with the  standards  set forth in pertinent laws and
20      regulations on higher education, the NDUp shall train and develop the competence of potential
21      national defense leaders, civilian officials of the different agencies and instrumentalities of the
22      Government, and selected executives from the private sector in the formulation and review of
23      national security policies and undertake research and studies as basis of the formulation and
24      review of national defense and security policies, plans, and programs. The NDUP shall be
25      headed by a president, and assisted by an Executive vice president (EVP), and four (4) Vice
26      Presidents, all of whom shall be  appointed by the President of the  Philippines, upon the
27      recommendation of the secretary of National Defense. The NDUp president shall have a temi
28       of six(6)years.
29
30            SEC. 90. Pozoers ¢#d F#r.ctr.oi.s. -The University shall have the foHowing powers and
31       functions:
32
33            (a)  Confer the degree of Master in National security Administration (MNSA) upon the
3 4                  graduates thereof;
27


1
2            ®)  Develop and confer other baccalaureate, master's, and doctorate degrees on defense and
3                  security; and
4
5            (c)  Undertake policy research and special studies as wen as policy formulation on strategic
6                  defense and security issues.
7
8            SEC. 91. Ong#„I.zflfjoH a#d Adffli.#t.sfrHtr.ow. -(a) The NDUp president shall administer the
9      affairs of the university.
10
11            ®) The NDUp president shall be assisted by the EVP. The EVp shall act as NDUp president
12      in the absence or incapacity of the NDUp president, and shall perform such other functions and
13      duties as may be assigned to him by the NDUp president or the secretary of National Defense.
14
15            (c) There shall be a vice president for Academic Affairs, who shall be responsible for the
16      development,  implementation,  supervision,  and  evaluation of academic  programs;  a  Vice
17      President for strategic studies and policy Formulation, who shall be responsible for the conduct
18      and supervision of research and special studies and policy formulation and review for the
19      Department; a Vice President for Military Affairs, who shall be responsible for the overall
20      military  activities  of  the  Uhiversity;  a  Vice  President  for  Administration,  who  shall  be
21      responsible for the overall administrative support to all the activities of the uhiversity and such
22      other officials as may be required by the university sutyect to the approval of the secretary of
2 3       National Defense.
24
25            (d)  The University shall have an Academic Board to assist the President discharge the
26      fonowingfuncfrons:
27
28                  1.   Supervise the academic affairs of the uhiversity;
29                  2.   Recommend   academic   consultants,   professors,   lecturers,   instructors,   research
30                        assistants, and other resource persons of the university; and
31                  3.   Recommend the courses of studies to be conducted by the university to accomplish
3 2                          its otyectives.
33
28


1           The Board shall be composed of the vice president for Academic Affairs as chair-, and
2      the Heads of the various academic disciplines as members, who shall be designated by the
3      NDUp president sutyect to the approval of the secretary of National Defense.
4
5           (e) All resource persons of the uhiversity including, but not limited to, academic consultants,
6      professors, lecturers, instructors, thesis advisers, members of examining and evaluating panels,
7      examiners, correctors, and technicians who are regularly employed in the Government shall, in
8      addition to their salaries, be entitled to receive honoraria, fees, and other emoluments fixed by
9      the secretary of National Defense.
10
11            (I) The secretary of National Defense may establish a cb##cz.J a/Fczfotos in the university to
12      assist and advise him in providing strategic direction and guidance necessary to ensure the
13      accomplishment of the mandate of the university.
14
15           SEC. 92. Graduates of the Regular course of the university. -All graduates of the uriversty
16      shall be conferred the degree of Master in National security Administration (MNSA). Civihan
17      graduates    of    the    MNSA    program    shall    receive    an    initial    rank    of    Lieutenant
18      Colonel/Commander in the Reserve Force sul*ect to existing AFp regulations. The MNSA or
19      its equivalent in military career development course  shall be required for appointment or
20      designation to key positions and promotion of AFP officers to the grade of 0-7 @rigadier
21      General/Commodore).
22
23            SEC. 93. Ttlflusjfi.o#. -The Secretary of National Defense shall determine the appropriate
24      transition period for NDCP to attain the status and competency of becoming a university.
25      Further, Congress shall allocate the necessary funds for the transformation of NDCp to NDUP.
26
27                                                                                  ARTICLE IV
28                                                                   OFFICE OF CIVIL DEFENSE
29
30            SEC. 94. M¢#drfe. -The office of civil Defense (CX=D) shall have the primary mission of
31      administering  a  comprehensive  national  civil  defense  and  disaster  risk  reduction  and
32      management program during local and national emergencies by providing leadership in the
33      continuous development of strategic and systematic approaches as wen as measures to reduce
34      the vulnerabflities and risks to hazards and manage the consequences of disasters.
29


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SEC. 95. Pozoers fl#d F#„ctt.o#s. - The Office shall have the following powers and functions:
(a)  Establish and administer a comprehensive national civil defense and civil assistance
program to include the allocation to agencies and local government units such aid and
fundsasmaybemadeavailablebythenationalgovemment,assistinggovernments,and
international and local organizations;
@)  Formulate policies  and prepare plans for the protection and welfare of the civilian
population in times of war or other national emergencies as may be determined by the
President of the Philippines;
(c)  Furnish guidance and coordinate the activities of national government agencies, local
government units, private institutions and civic organizations for natural and human-
induced disasters;
(d) Develop and coordinate a program for informing, educating, and training the general
public, volunteer workers  and civil defense  groups on civil defense  and assistance
measures and activities;
(e)  Prepare and disseminate  disaster control manuals and other pubhcations related to
measures   on   disaster   prevention   and   mitigation,   preparedness,   response,   and
rehabihation and recovery;
(f)  Advise the Secretary of National Defense on matters concerning civil defense and make
recommendations from time to tine as may be deemed appropriate or as the Secretary
may require;
(g)  Provide assistance and secretariat services to the National Disaster Risk Reduction and
Management Council to implement the policies set by the latter relative to disaster
management;
Qi) Furnish guidance to the various provinces, cities, and municipalities in the planning,
accreditation, organization, and operation of their civil defense organizations; and
30


1           (i)   Perform such other civil defense functions as may be provided by law.
2
3            SEC. 96. Onga#i.z¢f±.o#. -The office of civil Defense shall be headed by an Administrator
4      who  shall  also  serve  as  Executive  Director  of  the  National  Disaster  Risk  Reduction  and
5      Management council and, as such, shall have the same duties and privileges of a department
6      undersecretary.  It  shall  operate  under  a  duly  approved  organization  and  staffing  as
7      recommended by the secretary of National Defense.
8
ARTICLE V
pHILlpplNE VETERANS AFFAIRs OFFICE
11
12           SEC. 97. M¢nd¢fe. -The philippine veterans Affairs office shall be the government agency
13      responsible for administering the benefits due to veterans, their heirs, and beneficiaries, and
14      shall provide medical care and treatment to veterans pursuant to existing laws. It shall also
15      administer, maintain, and develop military memorials and battle monuments proclained as
16       rLational shrines.
17
18            SEC. 98. Pozoers ¢#d Fw#cf{.o#s. -The office shall have the fonowing powers and functions:
19
20            (a)  Formulate and promulgate, sutryect to the approval of the secretary of National Defense,
21                  policies,  rules,  and  regulations  governing  the  adjudication  and  administration  of
2 2                  veterans claims and benefits;
23
24           q))  Adjudicate and administer benefits, pensions, and other privileges granted to veterans,
25                  their heirs, and beneficiaries;
26
27           (c)  Provide medical care and treatment to veterans pursuant to existing law;
28
29           (d) Administer,   develop,   and   maintain   military   memorials   and   battle   monuments
30                  proclaimed as natiorml shrines; and
31
32            (e)  Perform such other functions as lnay be provided by law.
33
31


1            SEC.  99.  Ongfl[„t.z¢f..o#.  -The Philippine Veterans Affairs Office shall be headed by an
2      Administrator who may be assisted by one or more Deputy Adndnistrators, all of whom shall
3      be appointed by the president upon the recommendation of the secretary of National Defense.
4      It shall have such staff and other operating units as may be prescribed by the Secretary of
5       National Defense.
6
FINAL PROVISIONS
8
9            SEC.   100.   I"pJc"enfj."g  Rwzes   ¢#d  Reg#haf{.oHs.   -   The   DND   shall   formulate   the
10      Implementing Rules and Regulations (IRR) for proper implementation of this Act within twelve
11       (12) months from the effectivity hereof. The said mles and regulations shall be approved by the
12      President of the philippines
13
14            SEC.101. Appro;7rT.¢tr.o"s. -The amount necessary to carry out the provisions of this Act is
15      hereby  appropriated  in  the  General  Appropriations  Act  (GAA)  Of the  year  following  its
16      enactment  into   law.   Thereafter,   such   sums   as   may   be   necessary   for   its   continued
17      implementation shall be included in the annual GAA.
18
19            SEC.  102.  Sq7flrflbt7i.fry  Cha#sc.  -  If any  part or  provision of this  Act is held  invalid  or
20      unconstitutional, other provisions not affected thereby shall remain in force and effect.
21
22            SEC.103. RapcaJ..ng Cha#sc. -All laws, executive orders, presidential decrees, niles and
23      regulations inconsistent herewith are deemed modified and repealed accordingly. All affected
24      provisions of existing laws are deemed effective until such promulgation of the IRR.
25
26            SEC.104. £#ecfi.t„.fry. -This Act shall take effect after fifteen (15) days from its complete
27      publication in the Official Gazette or in at least two  (2) newspapers of general circulation,
28      whichever comes first.
29
3 0           Approved,
32