January 20, 2025
4:15 pm
11311


REPUBLIC OF THE PHILIPPINES 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
Third Regular Session 
HOUSE BILL NO. 11311
______________________________________________________________________ 
Introduced by Representatives Oscar “Oca” G. Malapitan & Roman T. 
Romulo 
______________________________________________________________________ 
AN ACT STRENGTHENING THE DEPARTMENT OF NATIONAL 
DEFENSE PROPER AND APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: 
ARTICLE I. GENERAL PROVISIONS 
Section 1. Short Title. - This Act shall be known as the "DND Proper Transformation 
Act". 
Section 2. Declaration of Policy. - It is hereby declared the policy of the State to 
maintain a defense establishment capable of upholding Philippine sovereignty, territorial 
integrity, and national interests, and thereby foster a safe and stable environment for 
national development; and the well-being and safety of the Filipino people in a proactive 
and sustainable manner. 
The State recognizes the urgent need to craft a defense architecture that will be 
adaptable, flexible, and sustainable amid a variety of known and unknown challenges 
through an operationally secure system. In part, capability and capacity re-building of the 
Department of National Defense (DND) and the Department Proper must be immediately 
undertaken to adequately perform its critical mandate in our country's national defense 
environment while reaffirming the Constitutional principle that civilian authority, is at all 
times, supreme over the military. 
Given these, there is a need to transform the DND into an agile, resilient, 
modernized, and responsive organization. 
Section 3. Definition of Terms. -As used in this Act, the following terms are 
defined as follows: 
(a)  Department of National Defense/Department- refers to the DND Proper
and its attached bureaus.
(b)  DND Proper/Department Proper - offices directly under the supervision
of the Office of the Secretary of National Defense.
(c)  Defense Infrastructure - a capacitating system composed of tangible
(e.g., physical facilities, equipment, human resources) and non-
tangible (e.g., policies, processes) components for sustaining and
enhancing multi-domain defense capabilities.


 
(d)  Defense Real Properties- lands, buildings, and constructions of all kinds 
which are owned, operated, or used by the Armed Forces of the 
Philippines or other DND Bureaus for defense and security, and other 
purposes necessary for the accomplishment of the Department's 
mandate. 
 
(e) Global Knowledge Networks - a system of interconnected individuals, 
organizations, and institutions across the world that share, develop, and 
disseminate knowledge and information. 
 
              ARTICLE II. THE DND PROPER: MANDATE, POWERS, AND FUNCTIONS 
Section 4. Mandate of the DND. - The DND shall maximize its effectiveness for 
guarding against external threats to national security, provide support, as directed by the 
President, to conduct operations to address internal threats, foster the conditions 
conducive to socio-economic development, and promote the welfare of soldiers and 
veterans. 
 
Section 5. Relationship of the DND with other Departments and Uniformed 
Services. - In times of war, as declared by Congress, or national emergency upon 
direction of the President, all elements of the Philippine National Police, the Bureau of Fire 
Protection, the Bureau of Jail Management and Penology, the Bureau of Corrections and 
the Philippine Coast Guard shall be attached to the DND to assist the Armed Forces of the 
Philippines (AFP). 
 
Section 6. The DND Proper. - There is in the DND a DND Proper hereinafter 
referred to as the "Department Proper' whose function is to assist the Secretary of National 
Defense in carrying out the Secretary's duties and responsibilities and other duties as may 
be prescribed by law. 
Section 7. Mandate of the DND Proper. - The Department Proper is mandated 
to provide strategic policy advice and direction; and develop the capability of its attached 
bureaus. Specifically, the DND Proper shall: 
(a) Assess the security environment and capability gaps; 
(b) Identify enabling solutions and craft defense strategies, plans, and 
policies; 
(c) Develop and maintain an adaptive defense infrastructure that capacitates 
the defense establishment to understand and leverage the complexities 
of the security environment in enhancing its capabilities; 
(d) Manage and provide defense resources and services; 
 
(e) Strengthen stakeholder relations for defense priorities; and 
(f)  Conduct monitoring of and evaluation on the efficiency, effectiveness, 
and integrity of the programs and operations of the Department. 
 
 
Section 8. Powers and Functions of the DND Proper. - In the fulfillment of its 
mandate, the Department Proper shall: 
 
(a) Formulate national defense strategies, plans, policies, and programs, 
including a rational, functional, and sustainable mobilization plan for the 
deployment of the country's citizens and resources for national defense; 
 
 
 


 
(b)  Continue to institutionalize and develop a system that shall integrate and 
formulate, among others, security environment assessment, planning, 
resource management, research and development (R&D) and innovation, 
acquisition, control, support, administration, and decision-making 
responsibilities of the Secretary of National Defense and the senior 
leaders of the Department Proper; 
 
(c) Formulate, establish, implement, and supervise a sustainable and 
resilient management system suitable to the requirements of the defense 
establishment and its stakeholders; 
 
(d) Enter into and execute contracts of every class, kind, and description 
which are necessary or incidental to the performance of its mandate as 
provided herein, with any person, firm or corporation, public or private, 
and with foreign government entities, subject to the requirements of 
national security; 
 
(e) Develop, enhance, and sustain multidimensional defense cooperation 
and engagements with the defense establishments and armed forces of 
other countries, and other regional and international organizations, as well 
as with global knowledge networks and defense industries in accordance 
with sustainable development and national security goals; 
 
(f) Develop a self-reliant and agile defense force, including entering into 
partnerships with foreign entities, that is capable of identifying strategic 
vulnerabilities, addressing current and potential threats, and mitigating 
risks across the domains of war through developing adaptive and 
sustainable defense infrastructure; 
 
(g) Oversee effective disaster resilience initiatives in collaboration with 
national government agencies, LGUs, foreign defense establishments 
and armed forces, as well as intergovernmental and international 
humanitarian organizations; 
 
(h) Exercise supervision over the AFP and control over attached bureaus 
through the formulation, implementation, and monitoring and evaluation 
of national defense, and corporate, service, or manufacturing strategies, 
policies, plans, and programs; 
 
(i) Develop the capacities and capabilities of the AFP and attached bureaus 
to effectively and efficiently address mission requirements; and 
 
(j) Perform such other defense-related functions as may be provided by law 
or directed by the President of the Philippines. 
 
ARTICLE Ill. ORGANIZATION AND MANAGEMENT OF THE DND 
PROPER 
 
Section 9. Composition of the DND Proper. - The Department Proper shall be 
headed by the Secretary of National Defense, hereinafter referred to as "the Secretary", 
and shall be composed of the Office of the Secretary, the Offices of the Undersecretaries 
and Assistant Secretaries, and the delivery units and offices. 
Section 10. The Secretary of National Defense. - The Secretary shall be 
appointed by the President, subject to the confirmation by the Commission on 
Appointments. 
 


Section 11. Powers and Functions of the Secretary of National Defense. 
-     The authority and responsibility for the exercise of the mandate, powers, and functions 
of the Department shall be vested in the Secretary, who shall exercise supervision and 
control over the Department. For such purposes, the Secretary shall have the following 
powers and functions: 
(a) Advise the President on all matters of national defense policy, including 
the promulgation of executive and administrative orders, and on the 
formulation of necessary regulatory and legislative proposals on matters 
pertaining to national defense and security; 
(b) In times of war, the Secretary shall act as alter ego to the Commander-
In-Chief, manage and control all information across all types of media, 
and administer mobilization of appropriate personnel and resources; 
(c) In times of national emergency, natural hazards or other related 
disasters, the Secretary shall have the authority to mobilize and/or call 
reservists to active duty; 
(d) Provide executive direction and exercise supervision over the 
Department and its attached bureaus for program and policy 
coordination; 
(e) Establish policies and standards for the efficient and effective operation 
of the Department, consistent with the programs of the government; 
(f) Evaluate policies, plans, programs, projects, performance, and 
accomplishments of the Department, which shall be made available to 
the public through its website or any other means that will ensure broad 
dissemination of its contents, subject to operational security 
requirements; 
(g) Appoint all officers and employees of the Department and its attached 
bureaus, except those whose appointments are vested in the President 
or other appointing authority; 
(h) Grant appropriate allowances and incentives to officials and employees 
to guarantee a competitive salary structure in accordance with existing 
laws, rules, and regulations; 
(i) Exercise disciplinary powers over officers and employees of the 
Department Proper, including their investigation and the designation of 
committee or officer to conduct such investigation, and establish security 
criteria for the same; 
(j) Issue orders, directives, rules, regulations, and other issuances to carry 
out plans, policies, programs, or projects pursuant to the provisions of 
this Act, and exercise such other powers as may be required to 
implement and realize the objectives of this Act; and 
(k) Perform such other functions as may be provided by law or assigned by 
the President. 
 
Section 12. National Defense Executives. - The Secretary shall be assisted 
by at least six (6) Undersecretaries, at least eight (8) Assistant Secretaries, and at least 
sixteen (16) Directors and Assistant Directors of an equivalent number of delivery units 
and/or offices. They shall be appointed by the President upon the recommendation of the 
Secretary. 
 
 
 


 
 
Section 13. Qualifications. - No person shall be appointed as Undersecretary, 
Assistant Secretary, Director, Assistant Director, or any other third level position in the 
DND unless he or she is a citizen and resident of the Philippines, of good moral 
character, of proven integrity, and highly qualified for the position by reason of background 
and relevant experience. 
 
Section 14. Sub-National Offices. - The Department may establish, operate, and 
maintain sub-national offices throughout the country, as management necessities require, 
based on the determination of the Secretary of National Defense. Each sub- national office 
shall be headed by a Director, who shall be assisted by an Assistant Director. 
 
Section 15. Structure of the DND Proper. -The Department Proper shall 
determine its organizational structure and propose the creation of new divisions or units as 
it may deem necessary, and shall appoint qualified officers, specialists, and employees. 
 
Members of the armed forces in the active service may be assigned or detailed for 
duty in the Department Proper, provided that they shall not be appointed or designated in 
any capacity to a civilian position. The service of those assigned or detailed for duty in the 
Department Proper shall be given appropriate weight and/or credit for their career 
development. 
 
Section 16. Corps of National Defense Specialists. - The Department Proper 
shall likewise establish, institutionalize, and nurture a Corps of National Defense 
Specialists that constitute the supervising specialists to senior officials of the Department 
Proper, occupying positions from Salary Grade (SG) 18 to 30. 
 
The Department shall provide the appropriate learning and development (L&D) 
interventions to mold them into well-rounded defense professionals and ensure their 
responsiveness to current, emerging, and future requirements of the defense 
establishment, foreign and domestic. 
 
The L&D interventions shall include an immersion program aimed at strengthening 
their conceptual and practical understanding of defense management and innovation. The 
Corps is to be familiarized with the various aspects of the Department's operations through 
functional rotation among the Department Proper's offices and attached bureaus; and 
relevant government agencies, with the goal of imbibing best management practices. 
 
Section 17. Continuing Education of the DND and Its Attached Bureaus. 
- All officials and employees of the Department and its attached bureaus may avail of 
opportunities for local or foreign scholarships and other training and research grants, 
including participation in seminars, conventions, and conferences, to enhance and 
upgrade their professional and technical knowledge, skills, and competencies. 
 
The Department may enter into arrangements with leading learning institutions for 
the conduct of such education, training, and research programs, as may be deemed 
necessary, to keep it abreast with current and emerging trends on defense and security. 
This shall also include the sending or exchange of subject matter experts (SMEs) to other 
government agencies, foreign governments and/or institutions to further enhance the 
learning of the Department personnel through a more practical, real-world approach. 
 
The Department shall likewise be empowered to enter into research and 
development initiatives in collaboration with appropriate government agencies, non-
government organizations, and the academe, which shall have the highest national 
security classification, provided that the intellectual property rights of such shall redound 
to the Republic of the Philippines. 
 
 
 


 
 
Personnel of the Department and its attached bureaus participating in education, 
training, and research programs shall be entitled to emoluments and allowances, subject 
to existing laws, rules, and regulations. 
 
Section 18. Magna Carta. - Employees and officials of the Department Proper 
and DND attached agencies shall be covered by appropriate laws, which provide magna 
carta for qualified personnel in the government. 
 
Section 19. Hazard Pay. - All employees and officials of the Department Proper 
and DND attached agencies who are exposed to high risks or perils to life in the 
performance of their duties and responsibilities, shall be compensated with hazard pay 
based on conditions set by the Secretary of National Defense or other relevant agencies. 
 
ARTICLE IV. RESOURCE MANAGEMENT 
 
Section 20. Defense Budget. - Within a period of five (5) years, the total annual 
budget of the Department shall be progressively increased to at least two percent (2%) of 
the Gross Domestic Product (GDP) in real terms using the year preceding the 
implementation of this Act as the base year, and adjusted every ten (10) years thereafter. 
Section 21. Acquisition, Service Infrastructure, and Maintenance Contracts. - 
Considering the unique requirements of national defense, the Department shall be 
authorized to forge defense partnerships with strategically aligned countries and ensure 
the continuity of the defense supply chain, including entering into long-term, multi-year 
contracts outside the ambit of Republic Act No. 9184, otherwise known as the 
"Government Procurement Reform Act." These shall enable the Department to acquire 
supply chains, co-develop secure technologies, and support the acquisition, development, 
maintenance, and disposal of all defense assets, provided that the entities to which it shall 
contract with have been duly vetted as technically and financially capable to provide the 
Department's needs without compromising national security. 
Section 22. Management and Control of Defense Real Properties. - 
The Department Proper shall administer, operate, manage, control, maintain, and develop 
defense real properties for strategic basing and shall use, hold, acquire, or lease any 
private real property, right of way, or easement, which may be proper or necessary for the 
accomplishment of its mandate as provided in this Act. The power to manage and control 
defense real properties includes, but is not limited to, the following: 
(a) Prohibit the sale and/or exchange of strategic defense real properties 
unless otherwise recommended by the Secretary and approved by the 
President of the Philippines; 
(b) Authorize the lease and/or development of defense real properties, by 
joint venture or otherwise, through the recommendation of the Secretary 
and approval of the President of the Philippines; and 
(c) Transfer of non-strategic defense real properties, as determined by the 
Secretary, under the management of the Armed Forces of the Philippines 
Pension Trust Fund. 
Any and all income derived from the lease or disposition of such defense real 
properties shall be remitted only to the AFP Pension Trust Fund or special purpose trust 
funds to be determined by the Secretary. Said trust funds shall be used strictly for the 
intended purposes and shall not be co-mingled with other funds, and disbursed in 
accordance with existing laws, rules, and regulations. 
 
 


 
Section 23. Grants and Donations. - The Department Proper may accept 
donations, contributions, and grants from various local or foreign sources, for purposes 
relevant to its mandate and functions or intended for its bureaus and agencies, provided 
that acceptance thereof shall be subject to compliance with existing laws, rules, and 
regulations. 
 
ARTICLE V. SERVICE CONTINUITY 
 
Section 24. Responsive Service Delivery and Resiliency. - The Department 
Proper shall ensure the provision of resources necessary for organizational productivity, 
responsive service delivery, and service continuity to include, among others: 
(a) Modem and responsive work productivity tools and platforms; 
 
(b)  Automation, integration, and digitalization toward streamlined systems 
and processes; 
 
(c) Secure, smart, sustainable, and resilient infrastructure; 
 
(d) Presence in strategic locations to facilitate joint efforts among the 
Department Proper and its Bureaus and ensure service continuity; and 
 
(e) Progressive human resource guidelines designed to enhance the 
adaptability, competitiveness, and well-being of the Department's human 
resources. 
The Department Proper shall develop an organizational service continuity plan to 
ensure uninterrupted service delivery, subject to periodic review and updating as 
frequently as necessary or at least every three (3) years. 
The Department Proper shall likewise craft an infrastructure master plan and 
design considering timeline and appropriate features to ensure a conducive work 
environment in collaboration with the Department of Budget and Management and other 
Departments. 
 
ARTICLE VI. FINAL PROVISIONS 
 
Section 25. Security Consciousness and Protection of Sensitive Information. 
- To protect national interests and security, the Department shall strictly observe the 
highest standards of personnel, document, and information security at all times through 
the implementation of stringent measures such as, but not limited to: 
 
(a) Review and updating of existing protocols, manuals, and guidelines on 
handling physical and digital documents and sensitive information and strict 
implementation thereof; 
 
(b) Assignment of the appropriate security clearance to every personnel upon entry 
into the Department and its regular review thereafter; and 
 
(c) Utilization of state-of-the-art security systems and/or technologies in all defense 
establishments and Infrastructure. 
 
The schedule of penalty for other violations shall be stipulated in the Implementing 
Rules and Regulations. 
 
 
 
 
 


 
 
Section 26. Appropriations. - The amount necessary to implement the provisions 
of this Act shall be included in the General Appropriations Act under the DND. 
 
Section 27. Transitory Provisions. - The Department Proper shall undertake a 
comprehensive review of its Organizational Structure and Staffing Pattern (OSSP) with the 
end view of professionalizing, providing career pathing and upward mobility, and 
implementing a competency-based system of human resource development. 
Within six (6) months from the effectivity of this Act, the Department shall submit to 
the Department of Budget and Management its proposal and such other requirements for 
the strengthening and modernization of the Department Proper. 
 
Likewise, within one hundred and twenty (120) days from the approval of this Act, 
the Secretaries of National Defense, Finance, Budget and Management, Trade and 
Industry, and the Director-General of the National Economic and Development Authority 
shall jointly promulgate rules and regulations to facilitate the importation and exportation 
of defense articles compliant with international conventions on the sale, transfer, trade of 
such articles, and applicability of tax laws, if necessary. 
 
Section 28. Implementing Rules and Regulations. - Within one-hundred and 
twenty days (120) days from the effectivity of this Act, the DND shall formulate the rules 
and regulations necessary for its effective implementation. 
 
Section 29. Repealing Clause. - 
All laws, decrees, executive orders, 
proclamations, rules and regulations, and other issuances, or parts thereof, which are 
inconsistent with the provisions of this Act are hereby repealed or modified accordingly. 
 
Section 30. Separability Clause. - If, for any reason, any provision of this Act is 
declared invalid or unconstitutional, the remaining parts or provisions not otherwise 
affected shall remain in force and effect. 
 
Section 31. Effectivity. - This Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or in at least two (2) national newspapers of 
general circulation. 
 
Approved,