Republic of the Philippines
Quezon City
House of Representatives

EIGHTEENTH CONGRESS
First Regular Session

3835

House Bill No.

Introduced by: REP. JOSEPH STEPHEN S. PADUANO

AN ACT MANDATING THE INSTITUTIONALIZATION, DEVELOPMENT,
TRAINING, ORGANIZATION AND ADMINISTRATION OF BASIC RESERVE
OFFICERS TRAINING CORPS (ROTC) IN GRADES 11 AND 12 IN PUBLIC AND
PRIVATE EDUCATIONAL INSTITUTIONS, FURTHER AMENDING REPUBLIC
ACT NO. 7077, OTHERWISE KNOWN AS THE “CITIZEN ARMED FORCE OR
ARMED FORCES OF THE PHILIPPINES RESERVIST ACT”, AS AMENDED BY
REPUBLIC ACT NO. 9163, OTHERWISE KNOWN AS “THE NATIONAL SERVICE
TRAINING PROGRAM AND APPROPRIATING FUNDS THEREFOR”.

EXPLANATORY NOTE

The 1987 Philippine Constitution under the Declaration of Principles and State Policies
espoused that the government may call upon the people to defend the State, in the fulfillment
thereof, all citizens may be required, under conditions required by law, to render personal
military or civil service. At the same time, the State recognizes the vital role of the youth in
nation-building and seeks to promote and protect their physical, moral, spiritual, intellectual
and social well-being. It also seeks to inculcate in the youth patriotism and nationalism and
encourage their involvement in public and civic affairs.

The revival of the mandatory Reserve Officers Training Corps Program will inculcate the kind
of discipline in our youth through the enhancement of the values of leadership, camaraderie
and sacrifice for common objectives. The ROTC Program will be designed around the ideals
of patriotism and nationalism as enshrined in the 1987 Constitution, of course, emphasizing on
respect for human rights and the strengthening of ethical and spiritual values.

Under this proposed measure, included in the ROTC Program is the disaster preparedness and
capacity building for risk related situations — skills that are necessary as our country bears the
brunt of climate change.

The standards of discipline, love of country, disaster preparedness and the basic military
training must be inculcated to the present generation of Filipino youth.

In view of the foregoing, the support for the passage and approval of this legislation is earnestly
sought.

JOSEPH STEPHEN S. PADUANO


Republic of the Philippines
Quezon City
House of Representatives

EIGHTEENTH CONGRESS
First Regular Session

House Bill No,__ 3835

Introduced by: REP. JOSEPH STEPHEN S. PADUANO

AN ACT MANDATING THE INSTITUTIONALIZATION, DEVELOPMENT,
TRAINING, ORGANIZATION AND ADMINISTRATION OF BASIC RESERVE
OFFICERS TRAINING CORPS (ROTC) IN GRADES 11 AND 12 IN PUBLIC AND
PRIVATE EDUCATIONAL INSTITUTIONS, FURTHER AMENDING REPUBLIC
ACT NO. 7077, OTHERWISE KNOWN AS THE “CITIZEN ARMED FORCE OR
ARMED FORCES OF THE PHILIPPINES RESERVIST ACT”, AS AMENDED BY
REPUBLIC ACT NO. 9163, OTHERWISE KNOWN AS “THE NATIONAL SERVICE
TRAINING PROGRAM AND APPROPRIATING FUNDS THEREFOR”.

Be it enacted by the Senate and the House of Representatives of the Philippines on Congress
Assembled:

SECTION 1. Short Title — This Act shall be known as the “Senior High School Reserve
Officers Training Corps (ROTC) Act of 2019”.

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

Towards this end, the State shall enhance the capacity of the nation to produce the
needed manpower and to expand its human resources in times of war, calamities and disasters,
national or local emergencies, and in support to the government’s law enforcement strategy
against crimes by creating a pool of trained reservists.

SEC. 3. Definition of Terms —

a. Reserve Force — refers to the organization of trained reservists under the command
of the Armed Forces of the Philippines who may be called for duty in the event of
war, invasion or rebellion; to assist in relief and rescue during disaster or calamities;
to assist in socioeconomic development; and to assist in the operation and
maintenance of essential government or private utilities in the furtherance of overall
mission.


b. Basic Reserve Officers’ Training Corps (ROTC) - refers to a mandatory two (2)
year basic leadership and military training program for students enrolled in Grades
11 and 12 in all senior high schools in public and private educational institutions.

c. Advance ROTC — refers to the optional and enhanced ROTC Course that is offered
in universities, colleges, vocational schools and other tertiary institutions.

d. Clustered ROTC Unit — refers to two or more educational institutions that are
strategically grouped together for the purpose of holding ROTC classes in one
location.

e. Grievance Committee — refers to an independent body that is tasked to investigate
any complaint or allegations of abuse, violence or corruption in any clustered ROTC
unit or any educational institution implementing the ROTC Program.

f. National Grievance Committee — refers to the appellate body that has jurisdiction
to hear appeals on the findings and recommendations of any local grievance
committee,

g. Public Educational Institutions — refer to educational institutions that are established
and administered by the government.

h. Private Educational Institution — refer to educational institutions maintained and
administered by private individuals or groups.

i. Registration — the act of recording the name and/or other relevant information of
the students who have completed the ROTC Program in Grades 11 and 12 on the
official list of ROTC graduates. Provided, that the registration that is referred to
under this Act, shall not be construed as enlistment in the AFP Reserve or Regular
Force.

SEC. 4. Coverage — The conduct of basic military and leadership training under the ROTC
shall apply to all students in Grades 11 and 12 in all senior high schools in public and private
educational institutions.

SEC. 5. Establishment of the ROTC Program in all Public and Private Educational
Institutions.

a) There is hereby established a mandatory two (2) year Basic ROTC Program for students
enrolled in Grades 11 and 12 which shall form part the basic curricula for the Senior
High School Education in any public or private educational institutions in pursuance to
the provisions of the National Defense Act, Revised Administrative Code of 1987, and
the 1987 Constitution, with the objective of producing well-trained and prepared
reservists for military and civic service. The ROTC training is aimed to instil patriotism,
love of country., moral and spiritual virtues, respect for human rights and adherence to
the Constitution.

b) The Basic ROTC, instituted as part of the curricula shall be administered in accordance

with the following modules:
b.1. Enhancing the student’s consciousness in the ethics of service, patriotism and
nationalism, respect for human rights, appreciation of the role of national heroes in the
historical development of the country, strengthen ethical and spiritual values, develop
personal discipline and leadership and to encourage creative thinking for scientific and
technological development;



b.2. Basic military training for students in order to motivate, train, organize and utilize
for national defense preparedness or civil-military operations. Provided, that no student
below the age of eighteen (18) years shall take a direct part in hostilities.
b.3. Civic training for students in order to be active participants and volunteers for the
development and improvement of health, education, ecology and environmental
protection, human and civil rights awareness and law enforcement.
b.4. Preparedness during actual disaster response operations on needs assessment,
improved skills for search, rescue and relief operations, and early recovery activities.
Integration of capacity-building activities revolving around risk-related situations in
order for students to be proactive in lessening the socio-economic and environmental
impacts of disasters including climate change. These capacity building activities will
help build understanding and skills with the end in view of applying disaster risk
reduction and management principles, concepts, and concrete action steps towards
building their resilience.
c. Any student who fails to undergo the mandatory Basic ROTC in accordance with this
Act shall not be qualified for graduation. In addition thereto, the non-taking of ROTC by any
student shall be a ground for Compulsory Military Training is pursuance to Section 14 of
Republic Act No. 7077. Any educational institution that fails to institute and implement the
Basic ROTC program in pursuance of this Act shall be subject to disciplinary and
administrative sanctions as the Department of Education (DepEd) may impose.

d. Guided by the provisions of Section 5(b) hereof, the DND and the DepEd, in
consultation with other relevant government agencies and private stakeholders as the Secretary
of National Defense may determine, shall design and formulate the Program of Instruction
(PON) on the Basic ROTC program in Grades 11 and 12.

SEC. 6. Schools in Zones of Peace — Pursuant to Republic Act No. 11188 entitled, ‘Special
Protection of Children in Situations of Armed Conflict”, every educational institution
implementing the ROTC under this Act shall comply with the declaration and guidelines that
are provided for under the said law to maintain the neutrality of the schools as zones of peace.

SEC. 7. Students Exempted from this Act — The following may be exempted from the
coverage of this Act:

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

b. Those who have undergone or are undergoing similar military training.

c. Those who were chosen by their school to serve as varsity players in sports
competitions.

d. Those who may be exempted from training for valid reasons as approved by the DND,
upon recommendation by any educational institution.

SEC. 8. Advance ROTC — The Basic ROTC established in Section 4, paragraph 1 of RA 9163,
also known as the “National Service Training Program (NSTP) Act of 2001”, as a component
of the NSTP which forms part of the curricula for students of any baccalaureate degree shall



be modified or reclassified as the Advance ROTC pursuant to Section 39 of RA 7077, or the
“Citizen Armed Force or Armed Forces of the Philippines Reservist Act”.

The Advance ROTC in the tertiary level shall continue as an optional and voluntary
component of the NSTP. Students who volunteer for the Advance ROTC program in
universities, colleges, vocational schools and other tertiary institutions shall remain to be
governed by RA 9163 insofar as they are consistent with this Act.

The provisions of Section 42 and 43 of Republic Act No. 7077 in terms of training,
uniforms and supplies, and the scholarship incentive shall remain effective and applicable for
those accepted in the Advance ROTC course. It shall be mandatory for all public and private
universities, colleges and similar learning institutions to offer and provide a training school for
the Advance ROTC program which shall have a duration in accordance with the curriculum
prescribed by the DND and the Commission on Higher Education (CHED).

‘The Department of National Defense in coordination with the CHED, shall prescribe
the curriculum for Advance ROTC and the program of instruction in pursuance to the
applicable provisions of Republic Act No. 7077.

SEC. 9. Organization, Operation and Maintenance of ROTC Units — The organization,
operation and maintenance for the establishment of the Basic ROTC shall be in accordance
with Section 41 and 42 of Republic Act No. 7077, which shall remain effective and operative
unless inconsistent with this Act. The Secretary of National Defense, in consultation with the
DepEd, shall prescribed the organization and operational manual of ROTC units public and
private educational institutions for Grades 11 and 12; Provided, that such educational
institutions shall be required to provide an adequate office for the ROTC administrative staff
assigned thereat.

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

SEC. 10. Registration in the Reserve Force — Pursuant to Sec. 14 of Republic Act No. 7077,
a student who has been completed the Basic ROTC program in senior high school shall be
registered in the Reserve Force only upon reaching the age of eighteen (18).

SEC. 11. Guidelines to Safeguard students of the Basic ROTC Program — In order for the
proper and effective implementation of the Basic ROTC program, the following policies shall
be adopted to prevent the occurrence of hazing, corruption, and other forms of abuses:

a. The Basic ROTC Program prohibits hazing as defined under RA 8049, as amended by
RA 11053, and as such, adopts the penalties for any act committed under the provisions
of the said law;

b. Cognizant of the provisions under RA 7610 or the “Special Protection of Children
Against Abuse, Exploitation and Discrimination Act”, any physical, sexual or
psychological abuse, emotional maltreatment, or any act by deed which tends to
degrade or demean the dignity of a child/student is prohibited;

c. Consistent with DepEd Order No. 40, Series of 2012 on Child Protection Policy, the
Basic ROTC Program prescribes physical, humiliating or degrading punishments or
penalties by a teacher, school administrator, an adult, or any other child who has been
given or has assumed authority or responsibility for punishment or discipline for an


alleged or actual offense for the purpose of discipline, training or control except for
mild to moderate physical exercises such as push-ups, sit-ups and running within the
medically recommended limit for the concemed age group.

d. In case of the School Officials or employees of public or government educational
institutions, who shall accept any gift from any students, or from any parent/guardian
of the student, or who shall commit other practices contemplated under RA 3019 on
“Graft and Corrupt Practices Act” and the Revised Penal Code on Bribery and
Corruption the maximum penalty shall be imposed.

¢. The penalties provided under the Revised Penal Code for the Crimes of Bribery and
Corruption shall be imposed upon school officials or employees of private educational
institutions who shall accept directly or indirectly, any gift, in cash or in kind, from any
student, or from any parent/guardian of the student in relation to or pertinent with the
conduct of the Basic ROTC training program.

SEC. 12. Establishment of Grievance Committee —

a. A Grievance Committee shall be formed from a cluster of educational institutions that
shall receive complaints and/or motu propio conduct investigation on any complaint or
allegation of abuse, violence or corruption in any educational institution implementing
the Basic ROTC Program;

b. Every Grievance Committee shall be composed of three members, to be chosen by the
Secretary of National Defense and the Secretary of Education: one (1) District
Commandant from the DND, one (1) District Schools Supervisor from the DepEd, and
one (1) Legal Officer from the DepEd;

¢. The DepEd and the DND shall formulate the manner to which the educational
institutions implementing the Basic ROTC shall be clustered for the efficient resolution
of grievances.

d. The Grievance Committee shall function as an independent investigative body, which
shall formulate the recommendation to the proper disciplinary authority that has
jurisdiction over the respondent, depending on whether he/she belongs to the military
for which purpose, the Article of War shall be employed. Whereas, for schools’ officials
and/or employees of public and private educational institutions, the provisions of RA
6713 or the Code of Conduct of Public Officers and Employees and other relevant laws
‘on the matter shall be applied. This is without prejudice to administrative cases that
may filed pursuant to the Civil Service rules for public officers and employees involved
in the complaint.

. Nothing therein shall prevent any person from filing directly with the regular courts any
incident of violation of Republic Act No. 11053 or the Anti-Hazing Act of 2018.

SEC. 13. Powers and Duties of the Grievance Committee — In view of the laws providing
protection for children, every Grievance Committee shall be pro-active in its duty in:

1. Encourage the reporting of any incident of hazing, violence, abuse and corruption in
every clustered ROTC unit;

2. Motu Propio or upon a complaint filed by any person, investigate, any act of hazing,
violence, abuse and corruption in the clustered ROTC unit;

3. Issue preventive suspension orders against officers of the ROTC or any school
employee involved in the training within three (3) days: (a) upon receipt of the


complaint, or (b) after initiation of the motu propio investigation, to preclude him from
exerting undue influence over the complainant and impede the normal course of the
investigation;

4, Recommend the appropriate action for any offense committed in the clustered ROTC
unit to the proper disciplinary authority which has jurisdiction over the respondent
within fifteen (15) days (a) upon receipt of the complaint, or (b) after initiation of the
motu propio investigation;

5. Monitor all complaints filed with the Committee and maintain an updated record of the
status of each case;

6. Provide the parties of the complaint its findings and recommendations within thirty (30)
days upon receipt thereof;

7. Promulgate rules and regulations necessary to carry out its objectives, functions and
disciplinary procedures;

8. Perform such other functions as may be provided by law.

SEC. 14. National Grievance Committee — There is hereby established a National

Grievance Committee (NGC) composed of the Secretary of National Defense or his

permanent authorized representative, the Secretary of Education or his permanent

authorized representative, and the Secretary of Justice or his permanent authorized
representative.

The NGC shall receive appeals on petition for review from the findings/
recommendation of any of the Grievance Committees. It shall provide the parties of its
decision within fifteen (15) days, counted from the time of receipt of the petition. Any
resolution of the NGC shall be final.

SEC. 15. Incentives for Undergoing the ROTC Program —

a. Subject to other requirements that may be prescribed by rules and regulations,
graduates of the Advance ROTC shall be eligible for commissionship/lateral entry and
enlistment in the AFP, Philippine National Police (PNP), Philippine Coast Guard
(PCG), Bureau of Jail Management and Penology (BJMP), and Bureau of Fire
Protection (BFP) unless a waiver is issued by the Department Secretaries of the
aforementioned military and civilian armed forces.

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

c. Students undergoing the Advance ROTC shall be given access and privileges with any
AFP Commissary. The Chief of Staff of the Armed Forces of the Philippines shall issue
the necessary regulations for the implementation of this privilege.

SEC. 16, Classification of ROTC Students — Grades 11 and 12 students who are enrolled
in the ROTC program shall be recognized as civilians in law.

SEC. 17. ROTC Instructors’ Capacity Development and Enhancement Program —
There is hereby created and established a training program for ROTC Instructors, to ensure
that they meet the highest physical and moral standards to teach and carry out the ROTC


Program. The Instructors’ Program shall be developed and administered under the guidance
and tutelage of the DND and the DepEd.

A comprehensive training manual shall be developed for the conduct of these trainings,
incorporating among other things, gender-appropriate and child-sensitive awareness,
familiarity with relevant laws on the ROTC, Special Protection of Children, other domestic
laws and international obligations necessary and appropriate to guaranty the integrity and
the highest standard of moral scruple for the implementers of the ROTC Program.

SEC. 18. Budget Appropriations — The funding requirement necessary to implement the
establishment and operations of the Basic ROTC Program shall be included in the budget
of the implementing agencies/departments, which is the DND and the DepEd, in the annual
General Appropriations Act in the year following its enactment.

SEC. 19. Implementing Rules - The DND and DepEd shall have the joint responsibility
for the adoption of the implementing rules of this Act within sixty (60) days from the
approval of this Act.

SEC. 20. Transitory Provisions — In order to manage the initial implementation of the
ROTC Program in Senior High School, the Department of National Defense and the
Department of Education shall within six (6) months from the effectivity of this Act, design,
institute and implement a Pilot Program.

The DND and the DepEd shall jointly submit an annual review and evaluation report
to Congress on the implementation of the Pilot Program. Upon review and approval by
Congress, the framework utilized under the Pilot ROTC shall become the standard for the
full national implementation of the Basic ROTC Program.

SEC. 21. Joint Congressional Oversight Committee — A Joint Congressional Oversight
Committee is hereby created to oversee, monitor and evaluate the implementation of this
Act.

‘The Oversight Committee shall be composed of five (5) members each from the Senate
and from the House of Representatives, including the Chairman of the Committee on
Education, Arts and Culture of both Houses. The membership of the Committee of every
House shall have at least two (2) minority members.

SEC. 22, Penal Provisions — Offenses committed by persons involved in or in relation to
the implementation of this Act shall be subject to penalties in accordance with the
applicable laws, rules and regulations.

Grades 11 and 12 students undergoing the Basic ROTC Program must not be subjected
to military laws.

SEC. 23. Offenses Punishable Under Existing Laws ~ For acts already penalized under
existing laws such as graft and corruption, hazing, sexual harassment, and other abuses
committed by persons authorized to administer the Basic ROTC and deployment of the
Corps, the maximum penalty under existing laws shall be imposed.

SEC. 24. Separability Clause — If any provision of this Act is held invalid or
unconstitutional, the other provisions not so declared shall remain in force and effect.


‘SEC. 25. Amendatory Clause — Section 38 and 39 of Republic Act No. 7077 and Section
4 of Republic Act No. 9163 are hereby deemed amended and modified accordingly.

SEC. 26. Repealing Clause ~ All other laws, executive orders, presidential decrees, rules
and regulations inconsistent with any provisions of this Act are hereby repealed, amended
or modified accordingly.

‘SEC. 27. Effectivity — This Act shall take effect fifteen (15) days following its publication
in at least two (2) newspapers of general circulations.

APPROVED.