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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

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NINETEENTH CONGRESS

First Regular Session

HOUSE BILL NO. 1 1

Introduced by Representatives FERDINAND MARTIN G. ROMUALDEZ,
YEDDA MARIE K. ROMUALDEZ, FERDINAND ALEXANDER A. MARCOS
and JUDE A. ACIDRE

EXPLANATORY NOTE,

‘The common experience among nations upon becoming sovereign states is the immediate
launching of a collective effort to craft a comprehensive national security law. The experience of the
Philippines upon becoming a sovereign nation on 04 July 1946 did not fit this model. Instead, we chose
to continue adopting for 53 years Commonwealth Act Number I or National Defense Act that was
enacted in 1935.

This bill wanslates into operational terms the multidimensional provisions of the 1987
Constitution that apply to national defense and security. This bill also aims to redirect the links of the
numerous enabling acts on national defense and security from the National Defense Act of 1935 to the
1987 Constitution.

‘The proposed National Defense Act of 2022 is founded on basic security and defense policies
from where the principles, processes, structures and critical details cascade into the provisions of the bill
covering a comprehensive layout of those interdependent facets of national life that impinge on national
defense and security policy

“The proposed law provides the mechanism for the coordination of departments and agencies in
addressing the multi-dimensional facet of national defense and security. It also seeks to achieve common
understanding of defense and security issues by providing the facility for consensus building and
consultation processes, an Asian innate value

We acknowledge former Representative Rozzano Rufino B
18" Congress.

‘on for filing this bill during the

RECEIVED

o



In view of the foregoing, passage of this bill is earnestly requested.

ERDINAND MARTIN G. IMUALDEZ
Representative
First District, Leyte

ARIE K. ROMUALDEZ
Representative
Parfy-List, Tingog Sinirangan

FERDINAND ALEXANDER A. MARCOS
Representative
First District, locos Norte Party-List, Tingog Sinirangan



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

11

HOUSE BILL NO.

Introduced by Representatives FERDINAND MARTIN G. ROMUALDEZ,
YEDDA MARIE K. ROMUALDEZ, FERDINAND ALEXANDER A. MARCOS, and
JUDE A. ACIDRE

AN ACT
TO FURTHER DEVELOP CAPABILITY AND ESTABLISH EXPEDITIOUS
TRANSFORMATION OF THE DEPARTMENT OF NATIONAL DEFENSE AND
ITS BUREAUS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES.

Preliminary Provisions

Section 1. Short Title. - This Act shall be known as "The National Defense Act of
2022."

Section 2. Declaration of National Defense Policies. ~ The national defense policies
of the Republic of the Philippines shall be as follows:

a. In defending the Philippines, the paramount consideration shall be national
sovereignty, territorial integrity, national interest and the right to self-determination;

b. 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
territorial and administrative organization of the Philippines;

4d. 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;

¢. The employment of the nation's citizens and resources for national defense shall be
effected by a mobilization;
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£. The mobilization shall include the execution of all measures necessary to pass from a
peace to a war footing or in any case of actual invasion or when public safety so requires as well
as during its transition to normaley or rehabilitation;

The mobilization plans of financial, industrial, economic, technological and social
resources of the Philippines shall conform to the provisions of the Constitution and shall be
prepared by the executive departments concerned in accordance with the following general
policies:

1. The respective responsibilities of the several executive departments in
mobilization planning will be prescribed by the President;

2. Forces and resources shall be employed so as to ensure unity and continuity of
effort until normalcy has been attained; and

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

Section 3. Defense Conditions and Authority. — Defense conditions shall be the
bases for the designation of persons and entities to act in behalf of the state. Defense
Conditions, hereinafter referred to as DEFCON, are circumstances where the three categories of
events — disaster, internal disorders, and invasion— acting separately or in concert tend to, ot
actually threaten, the security of the state. The hierarchy of defense conditions and the persons
ot entities designated to act in behalf of the state shall be prescribed by the President.

ARTICLE I - Employment of Persons and Resources

Section 4. Military service shall be mandatory for all citizens of the Philippines, and the
methods and procedures for the classification, selection, examination, induction, training,
employment, and release of all citizens from their military obligations shall be prescribed by the
President of the Philippines.

Section 5. The registration of citizens for mandatory military service shall be a military
function cattied out by the Component Services through their respective Reserve Commands.

Section 6. During a mobilization, the President through the Secretary of National
Defense shall have the power to secure all such resources as may be necessary for national
defense

Article II- National Defense Council

Section 7. National Defense Council - (a) The National Defense Council (NDC)
chaired by the President is composed of heads of the executive departments, past Presidents,
past Chief Justices of the Supreme Court and other government officials and private citizens as
the President may appoint ot designate. It shall have a permanent staff which shall preserve a
documentary record of the Council’s deliberations.

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

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TITLE

DEPARTMENT OF NATIONAL DEFENSE
Article I - General Provisions

Section 8. Mandate. - The Department of National Defense is the primary
government agency charged with the duty of implementing the provisions of this Act. The
defense establishment shall be maintained to maximize its effectiveness for guarding against
external and internal threats to national peace and security.

Section 9. Powers and Functions of the Department. - To carry out the above-
declared policy, the Department shall exercise and perform the following powers and functions:

a. Formulate and prepare national defense policies, strategies, plans and programs;

b. Formulate, develop and update the national defense plan of the country,
including the mobilization plan for the employment of the countrys citizens and resources for
national defense;

c. Control, monitor, coordinate, supervise and evaluate the implementation of
national defense policies, plans, programs and activities;

d. Exercise supervision and control over the Atmed Forces of the Philippines
(AFP), Government Arsenal (GA), Office of Civil Defense (OCD), Philippine Veterans Affairs
Office (PVAO) and the National Defense University of the Philippines (NDUP);

e. Formulate, establish, implement, supervise and control quality management
system.

f. Establish, promote and maintain bilateral and multilateral linkages for defense
and military 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;

h. Develop self-reliance defense posture to guatantee 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

j. Perform such other defense-related functions as may be provided by law or
directed by the President of the Philippines.

Section 10. Contracts. — The Department is hereby authorized to enter into, make,
perform and carry out contracts of every class, kind and description which are necessary or

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incidental to the performance of its mandate as provided herein, with any person, firm or
corporation, public of private, and with foreign government entities, subject to the provisions of
existing laws, rules and regulations.

Section 11. Management and Control of Defense Real Properties. ~ (a) The
Department is hereby authorized to administer, operate, manage, control, maintain and develop
defense real properties for strategic basing and to use, hold, acquire, ot 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.

(b) The sale and/or exchange of strategic defense real properties shall be prohibited
unless otherwise recommended by the Secretary of National Defense, approved by the President
of the Philippines, and with the consent of Congress.

(© The lease and/or development of defense real properties, by joint venture or
otherwise shall be allowed upon prior approval by the President of the Philippines.

(@ Any and all income derived from the lease or disposition of such defense real estate
shall be remitted only to the AFP Modernization Act Trust Fund, and disbursed in accordance
with existing laws, rules and regulations.

Section 12. Special Defense Materiel Acquisition, - When the acquisition for use by
the AFP involves special defense equipment or materiel or the Secretary of National Defense has
determined that the interests of the country shall be protected by negotiating directly with a local
or foreign supplier, the AFP shall be exempted from the requirement of government
procurement laws subject to government accounting and auditing rules and regulations: Provided,
‘That the performance by the supplier of its obligations under the procurement contract shall be
covered by a performance security.

Section 13. Exemption from Import Licenses. — All acquisition of defense materiel by
the DND and its bureaus shall be exempt from import and other licenses imposed by other
agencies of the government. In lieu thereof, the SND shall issue a certification that the goods
being imported are exempt from such licenses.

Section 13. Grants and Donations. - The Department, or any of the bureaus, agencies
ot offices under it, may accept donations, contributions, and grants from various sources,
domestic or foreign, for purposes relevant to its functions: Provided, That in case of donations
from foreign governments or persons, acceptance thereof shall be subject to existing laws, rules
and regulations.

Section 14. Defense Cooperation Agreements, — (a) Unless otherwise provided by the
Constitution, the Department of National Defense may enter into Defense/Military Cooperation
[Agreements to develop, enhance and sustain multi-faceted defense and security engagements and
cooperation with the defense and armed forces of other countries.

(b) Defense/Military Cooperation Agreements shall include but not limited to the
exchange of information, exchange of visits, exchange of personnel, subject matter expert
exchange, logistics cooperation, defense industry cooperation, humanitarian assistance and
disaster fesponse, defense and military doctrine development, research and development in
defense science and technology, participation in trade, science ot technology exhibits, military
and defense exercises, training activities, and education exchanges ot other areas of mutual
concern.

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Asticle II - Organization

Section 15. Organizational Structure. ~ The Defense Department shall be composed
of the DND-Proper and its bureaus namely, the Armed Forces of the Philippines (AFP),
Philippine Veterans Affairs Office (PVAO), Government Arsenal (GA), National Defense
University of the Philippines (NDUP), Office of Civil Defense (OCD), and other
instrumentalities under the supervision and control of the Secretary of National Defense as
provided for by law.

Section 16. Composition. - The DND-Proper shall be composed of the Office of the
Secretary of National Defense and the Offices of the Undersecretaties and Assistant Secretaries,
and the Department Services.

Section 17. Office of the Secretary. — The Office of the Secretary shall consist of the
Secretary of National Defense and his/her immediate staff as determined by him/her.

Section 18. The Secretary of National Defense. - The Sectetaty of National Defense
shall be appointed by the President, subject to confirmation by the Commission on
‘Appointments.

Section 19. Powers and Functions of the Secretary. - The authority and
responsibility for the exercise of the mandate of the Department and for the discharge of its
powers and functions shall be vested in the Secretary of National Defense, who shall have
supervision and control of the Department. The Secretary shall also perform such other
functions as may be necessary or proper to attain the objectives of this Act or as may be
provided by law or directed by the President.

TITLE II - THE ARMED FORCES OF
THE PHILIPPINES
Article I - General Provisions

Section 20. Declaration of Policies. —

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;

b. The AFP shall uphold the Constitution 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 of indirectly in any partisan political activity, except to exercise the
right of suffrage

Section 21. Mission and Functions. — The AFP is the protector of the people and the
State. Its goal is to secure the sovereignty of the State and the integrity of the national tezsitory. It
shall have the duty to:


a. Defend against all forms of threats to national defense and security;

b. Plan, organize, train, equip, develop, employ and sustain its Regular and Reserve
Force for national defense and security; and

. Perform such other functions as may be provided by law or assigned by the
Commander-in- Chief.

Section 22. Chain of Command, - ‘The exercise of authority, direction, command and
control over the AFP shall be carried out through the Chain of Command, which is the line of
authority and responsibility along which orders ate passed, beginning from the President as the
Commander-in-Chief, through the Secretary of National Defense, to the Chief of Staff of the
‘Armed Forces of the Philippines (CSAFP) down to the commander of the lowest echelon of
command in the AFP: Provided, That this does not preclude the President from issuing orders
directly to the AFP.

Section 23. Organization and Composition. - The AFP shall be initially composed of
three (3) component services- the Philippine Army, the Philippine Air Force, and the Philippine
Navy. These services shall form the Citizens Armed Force composed of the Regular Force and
Reserve Force guided by the Table of Organization and Equipment of the AFP, prescribed by
the Secretary of National Defense upon recommendation of the CSAFP.

Article I - The Regular Force
A. ORGANIZATION AND COMPOSITION
Chapter 1 - General Provisions

Section 24. Size and Composition. ~The Regular Force, alternately referred to as the
Standing Force, shall be initially composed of the following:

a. Regular Officers, Warrant Officers and Enlisted Personnel;

b. Reservists called to active duty, or on active duty tour for training; and

c. Draftees, trainees and government-sponsored Filipino cadets enrolled in local or
forcign military schools.

The size and composition of the Regular Force shall be prescribed by the President,
‘upon the recommendation of the CSAFP of the Philippines through the Secretary of National
Defense.

Section 25. Organizational Principle. ~ ‘The President, through the Secretary of
National Defense, shall organize the AFP into such commands, forces and units in accordance
with operational requirements. For this purpose, the national territory may be divided into such
operational areas as the Secretary of National Defense may direct.

Section 26. Organizational Structure. ~The Regular Force of the AFP shall consist of
the Joint Headquarters; the Joint Force Operational and Functional Commands; the Component
Services namely: the Philippine Army, the Philippine Navy and the Philippine Air Force; and
other existing units, component services, commands, and task forces of the AFP. The Secretary
of National Defense upon the recommendation of the CSAFP may, in accordance with the
policies or directives of the President, create additional units, services, commands and task
forces, or reorganize the AFP in response to any situation or in pursuance of operational or
contingency plans.

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Section 27. Operational Principles. ~ The operational principles of the AFP shall be
as follows:

a. The Commander-in-Chief shall exercise command and control through the
CSAFP with the supervision of the Secretary of National Defense. The Joint Headquarters AFP,
shall be the command and control element of the AFP;

b. The Joint Headquarters AFP shall exercise centralized command and control to.
ensure unity and coordination of efforts throughout the military establishment;

The Joint Force Operational Commands as force employers shall be responsible
for the decentralized execution of joint operations to achieve maximum operational efficiency
within the military establishment unless otherwise determined by the CSAFP through the
supervision of the Secretary of National Defense;

d. The Component Services as force providers shall be responsible for the development,
organization, training, equipping, maintenance and sustainment of combat forces, combat
service forces, technical and administrative service, and combat service support forces.

e. The AFP Reserve Force shall provide for the base of expansion of the Component
Services.

Chapter 2 - The Joint Staff Headquarters Armed Forces of the Philippines

Section 28. Mandate. — The Joint Staff Headquarters, which shall be headed by the
CSAFP, shall be the command and control element of the AFP.

Section 29. Organization. — The Joint Staff Headquarters shall be composed of the
Office of the Chief of Staff of the Armed Forces of the Philippines, Office of the Vice Chief of
Staff, Office of the Deputy Chief of Staff; the AFP Joint, Personal and Special Staff and the
other key staff offices and units necessary for effective command and control of the AFP as
recommended by the CSAFP with the approval of the Secretary of National Defense.

Section 30. The Chief of Staff of the Armed Forces of the Philippines. ~ (a) The
President shall appoint the CSAFP from among the officers with the rank of Lieutenant
General/Vice Admiral in the active service, who shall hold the rank of General/ Admiral.

(b) CSAEP shall serve a minimum tour of duty of 2 years and maximum of 3 years. For
this purpose, the CSAFP shall be allowed to complete his maximum tour of duty beyond his
retirement age: Provided, That the CSAFP may be removed by the President as Commander in
Chief at any time before the end of the term of 3 years and deemed retired from active military
service

Section 31. Powers and Functions. ~The Chief of Staff shall:

a. Serve as the principal military advisor to the President and the Secretary of National
Defense;

. Be responsible for the formulation of the national military strategy consistent with the
national defense strategy;


c. Be responsible for the development of the policies, strategies, missions, plans and
programs of the AFP;

d. Prescribe the organization, powers, functions and duties of the various staff, services,
and other units of the AFP in accordance with the national defense policy;

Section 32. The Vice Chief of Staff. ~ The Vice Chief of Staff shall be the principal
assistant of the CSAFP and shall perform the functions of the CSAFP during the latter's absence
or incapacity. He shall be appointed in the same manner as the CSAFP.

‘The Vice Chief of Staff shall serve for a minimum term of 1 year and maximum of 3
years unless otherwise promoted to the next higher position and without prejudice to
compulsory retirement age as provided in this Act: Provided, That no Officer shall be appointed
as a Vice Chief of Staff if that officer has less than one (1) year remaining in the active service:
Provided further, That Vice Chief of Staff may be removed by the President as Commander in
Chief at any time before the end of the term of 3 years and deemed retired from active military
service.

Section 33. The Deputy Chief of Staff - The Deputy Chief of Staff shall integrate and
synchronize the Joint Staff works to assist the CSAFP in policy formulation and implementation,
and command decision making process through completed staff work.

‘The Deputy Chief of Staff shall serve for a minimum term of 1 year and maximum of 3
years unless otherwise promoted to the next higher position and without prejudice to
compulsory retirement age as provided in this Act: Provided, That no Officer shall be appointed
as The Deputy Chief of Staff if that officer has less than one (1) year remaining in the active
service: Provided further, That the Deputy Chief of Staff may be removed by the President as
Commander in Chief at any time before the end of the term of 3 years and deemed retired from
active military service.

Section 34. The Joint Staff. - The Joint Staff, as coordinating staff shall advise and
assist the CSAFP in the performance of his/her functions. The organization, functions and
duties of the Joint Staff shall be prescribed by the CSAFP.

Section 35. Personal Staff. — The Personal Staff, as immediate staff shall directly
advise and assist the CSAFP in the performance of his/her functions. The organization,
functions and duties of the Personal Staff shall be prescribed by the CSAFP: Provided, That
coordination with other staff is not precluded.

Section 36. Special Staff — The Special Staff, as specialized, technical and
administrative staff shall advise and assist the CSAP in the performance of his/her functions.
‘The organization, functions and duties of the Special Staff shall be prescribed by the CSAFP

Section 37. Authority to Reorganize the General Headquarters into the Joint
Staff Headquarters. — \n the interest of efficiency and effectiveness, the CSAFP, upon the
approval of the Secretary of National Defense, may:

a. Establish and organize staffs, offices and units in the Joint Staff Headquarters in
addition to the AFP Joint, Personal and Special Staff, and prescribe the organization, mission
and functions; and


b. Abolish existing staffs, offices and units in the Joint Staff Headquarters not
specifically provided in this Chapter or by any other provision of law, or transfer or consolidate
their functions and duties with other staffs, offices or units.

Chapter 3 - Joint Force Operational Commands

Section 38. Organization, Mission and Function, ~ (a) The Joint Force Operational
Commands shall be organized and established by the CSAFP with the approval of the Secretary
of National Defense which shall be under the command, control and operational direction of its
Joint Force Commander.

(b) The mission, functions, duties and responsibilities and joint area of operations of the
Joint Force Operational Commands shall be prescribed by the Secretary of National Defense, in
consultation with, or upon the recommendation of the CSAFP.

Section 39. Designation or Assignment of Joint Force Commanders. — (2) The Joint
Force Commanders of the JFOC shall be designated or assigned to the said position by the
President, upon the recommendation of the CSAFP of the Philippines through the Secretary of
National Defense.

(b) The Joint Force Commanders of the JFOC, as force employer, shall have operational
control over all units operating within their respective joint area of operations.

(©) The Joint Force Commanders of the JFOC shall serve for a minimum term of 2 years
and maximum of 3 years unless otherwise promoted to the next higher position and without
prejudice to compulsory retirement age as provided in this Act: Provided, That no officer shall be
appointed as a Joint Force Commander if that officer has less than two (2) years remaining in the
active service: Provided further, That Joint Force Commanders may be removed by the President as
Commander in Chief at any time before the end of the term of 3 years and deemed retired from
active military service.

Chapter 4 - The Component Services

Section 40. Organization. - (a) The Component Services shall be organized by the
President, upon the recommendation of the Secretary of National Defense and the CSAFP.
‘The Chiefs of the Component Services shall be designated or assigned to the said position by
the President.

(b) The Chiefs of the Component Services shall serve for a minimum term of 2 years
and maximum of 3 years unless otherwise promoted to the next higher position and without
prejudice to compulsory retirement age as provided in this Act: Provided, That no Officer shall
be appointed as Chief of Component Service if that officer has less than two (2) years
remaining in the active service: Provided further, That Chief of Component Service may be
removed by the President as Commander in Chief at any time before the end of the term of 3
years and deemed retired from active military service.

(©) The Component Services shall act as force providers, which shall develop, organize,
train, equip, maintain and sustain the necessary forces in support of the AFP missions.

Section 41. The Philippine Army. ~The Philippine Army (PA), headed by the Chief
of the Philippine Army shall provide forces that will be responsible for the conduct of prompt
and sustained joint and combined ground operations in support of the AFP mission. It shall be

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composed of its headquarters, maneuver units, and sustainment units and such other units as
may be necessary for the conduct of ground operations.

Section 42. Functions of the Philippine Army. ~The Philippine Army shall:

a. Develop, organize, train, equip, maintain, and sustain such ground forces or units
as may be necessary for the conduct of prompt and sustained operations;

b. Prepare such forces or units as may be necessary for the effective implementation
of the national defense plans and programs and armed forces missions;

. Formulate and develop, in coordination with the other Component Services,
doctrines, systems, tactics, techniques and procedures peculiar to the Army;

d. _Implement mobilization of the Army Reserve; and

¢. Perform such other functions and duties as may be provided by law or assigned by the
CSAFP.

Section 43. The Philippine Air Force. — The Philippine Air Force (PAF) headed by
the Chief of the Philippine Air Force shall provide forces that will be responsible for the
conduct of prompt and sustained air operations in support of the AFP mission. It shall be
composed of its headquarters, air combat, combat support and sustainment units and such
other units as may be necessary for the conduct of air and support operations.

Section 44, Functions of the Philippine Air Force. - The Philippine Air Force shall:
a. Develop, organize, train, equip, maintain, and sustain such air forces or units as may
be necessary for the conduct of prompt and sustained operations;

b. Prepare such forces or units as may be necessary for the effective implementation
of the national defense plans and programs and armed forces missions;

¢. Formulate and develop, in coordination with the other Component Services,
doctrines, systems, tactics, techniques and procedures peculiar to the Air Force;

d. Implement mobilization of the Air Force Reserve; and

¢. Perform such other functions and duties as may be provided by law or assigned by
the CSAFP.

Section 45. The Philippine Navy. ~ The Philippine Navy (PN) headed by the Chief
of the Philippine Navy, shall provide forces that shall be employed for the conduct of prompt
and sustained naval operations in support of the AFP missions. It shall be composed of its
headquarters, naval forces, service support and sustainment units and such other units as may
be necessary for the conduct of naval operations.

Section 46. Functions of the Philippine Navy. ~ The Philippine Navy shall:
a. Develop, organize, train, equip, maintain, and sustain such naval forces or units as

may be necessary for the conduct of prompt and sustained operations;

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b. Prepare such forces or units as may be necessary for the effective implementation
of the national defense plans and programs and armed forces missions;

Formulate and develop, in coordination with the other Component Services,
doctrines, systems, tactics, techniques and procedures peculiar to the Navy;

d. Implement mobilization of the Navy Reserve; and

. Perform such other functions and duties as may be provided by law ot assigned by
the CSAFP.

Section 47. Technical and Administrative Service. - Each Component Service shall
develop, organize, train, equip, maintain, and sustain their respective ‘Technical and
Administrative Service composed of but not limited to, The Judge Advocate General Service,
Medical Corps, Veterinary Corps, Medical and Administrative Corps, Nurse Corps, Dental
Corps, Chaplain Service, and Corps of Professors.

Section 48. The Women’s Auxiliary Corps. ~ The Women’s Auxiliary Corps as created
by Republic Act No. 3835, as amended shall be integrated to their respective Component
Service. For this purpose, RA 3835 is hereby repealed. Further, the number of female personnel
in the AFP, notwithstanding provision of relevant laws, shall be prescribed by the Secretary of
National Defense.

Chapter 5 - Military Education and Training Institutions

Section 49. Organization, Mission and Function, ~ (a) The Philippine Military
Academy (PMA), Command and General Staff College (CGSC), Officer Candidate School
(OCS), Non-commissioned Officer Academy and other Military Education and Training
Institutions organized and established by the CSAFP with the approval of the Secretary of
National Defense shall be under the command, contzol and direction of their Military Education
and Training Superintendent/Commandant.

(b) 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

Section 50. The Philippine Military Academy. —

(@) Mandate. The Philippine Military Academy categorized as 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).

(&) Organization. - The Academy headed by the Superintendent shall be organized
as prescribed by the Secretary of National Defense, upon the recommendation of the CSAFP.

(©) Development. ~ The Academy shall determine its teaching, manpower,
curriculum, research and extension thrusts, plans and programs, standards and budget.

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(@) Cadet Corps. - The student body of the Academy 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.

(© Academic Board. — There shall be an Academic Board organized by the
Superintendent. The Board shall, in accordance with the rules and regulations prescribed by the
CSAFP, have the power to confer baccalaureate degrees upon the cadets who satisfactorily
complete the approved course of study.

(® The Superintendent shall serve for a minimum term of 2 years and maximum of 3
years unless otherwise promoted to the next higher position and without prejudice to
compulsory retirement age as provided in this Act: Provided, That no Officer shall be appointed
as Superintendent if that officer has less than two (2) years remaining in the active service:
Provided further, That the Superintendent may be removed by the President as Commander in
Chief at any time before the end of the term of 3 years.

@ Board of Visitors. The PMA shall establish a board of visitors to look into the
academic 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
designated by the Superintendent, whose membership shall meet at least once a year.

Section 51, Authority to Establish Other Military Training Institutions. - The
President, upon the recommendation of the CSAFP through the Secretary of National Defense,
is hereby authorized to establish other military training academies and institutions in the AFP.

B. RECRUITMENT, PROMOTION AND CAREER DEVELOPMENT
Chapter 1- Commissioned Officers

Section 52. Qualifications. ~ All persons commissioned as officers in the Regular
Force shall be natural born citizens of the Philippines, of legal age, of good moral character,
physically and mentally qualified for active military service, and shall have such other
qualifications as may be prescribed by the Secretary of National Defense.

Section 53. Appointments in the Regular Force. — (a) Officers shall be permanently
appointed by the President in the Regular Force in accordance with the provisions of the
Constitution.

(b) Except as otherwise provided in this Act, the date of rank of a commissioned
officer in active service in the Regular Force shall be the date of permanent appointment in that
grade by the President.

Section 54. Revocation of Commission. ~ The commission of an officer may be
revoked by the President at any time, upon the recommendation of the Secretary of National
Defense when found not fully qualified for such commission or who lacks any of the
qualifications prescribed by law or regulation.

Section 55. Officer Grade Distribution. ~ The Secretary of National Defense shall
prescribe the authorized number of officers in the Regular Force in each grade in each
Component Service in accordance with the Table of Organization and Equipment.

Section 56. Distribution of General/Flag Officers. The number of general/flag
officers herein authorized shall be distributed to the various general/flag officer grades by the

12


Secretary of National Defense based on the recommendation of the CSAFP in accordance with
the Table of Organization and Equipment.

Section 57. Tour of Duty in Key Positions. ~ No officers with less than 1 year
remaining active service shall be designated to positions requiring the rank of Brigadier
General/Commodore ot higher.

Section 58. AFP Promotion System. ~ (a) The AFP Promotion System shall be
governed by the principle that as officers are promoted from one grade to the next higher grade,
the criteria of competence, merit and potentials are the primary consideration.

(b) The AFP Promotion System shall be the primary means by which the AFP shall
periodically evaluate and assess its ranks of officers and shall institutionalize and continue to
implement an efficient process of selection for promotion, as well as for attrition of officers as
prescribed by the Secretary of National Defense.

(©) The AFP Promotion System shall be governed by a management system with a
view of ensuting smooth succession in the filling of vacancies in key positions as and when these
occur.

(4) ___ The Secretary of National Defense shall prescribe the seniority and promotional
lineal list of the AFP.

Section 59. Promotion to General/Flag Officer Grades. ~ No officer shall be
Promoted to the rank of Brigadier General/Commodore ot higher unless there is an existing
vacancy and the officer is occupying a position in the Table of Organization and Equipment that
requires the rank for which he is being considered for promotion or assignment.

Section 60. Maximum Tenure in Rank. ~The maximum tenure of officers in the ranks
of Colonel/Captain and General/Flag Officer in the AFP are hereby prescribed as follows:

Colonel/Captain 8 years
Brigadier General/Commodore 4 years
Major General/Rear Admiral 3 years
Lieutenant General/Vice Admiral 3 years
General/Admiral 3 years

Unless earlier separated or retired or promoted to the next higher rank or occupying a
Position calling for the ranks of higher grade in the AFP TO&E, Colonels/Captains and
Generals/Flag Officers shall be compulsorily retired upon the attainment of the maximum tenure
in rank herein prescribed, or upon reaching the age of compulsory retirement, whichever is earlier,
except for those, who may be allowed by the President to finish tenure in position as
recommended by the Secretary of National Defense.

Section 61. Determination and Allocation of Key Positions. — The Secretary of the
Department of National Defense upon the recommendation of the CSAFP shall determine and
allocate the number of Key positions among the component services, headquarters and support
units of the AFP based on the technical nature of the organization, position, task, scope and area
of responsibilities, equipage, prevailing Defense Condition and other considerations as the
exigencies of the service may require

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Chapter 2- Warrant Officers

Section 62. Qualifications for Appointment. — Any natural born citizen of the
Philippines, of legal age, physically and mentally fit for military service, of good moral character,
and possessed of such educational attainments and specialized skills or expertise as may be
prescribed by the Secretary of National Defense, may be appointed in the Regular Force.

Section 63. Appointments in the Regular Force. — Warrant Officers shall be
appointed by the Secretary of National Defense.

Section 64. Revocation of Appointment. — The appointment of an officer, who is
found not fully qualified for such appointment or who lacks any of the qualifications prescribed
by law or regulation may be revoked by the Secretary of National Defense at any time, upon the
recommendation of the CSAFP.

Section 65. Warrant Officer Management. - The Secretary of National Defense shall
prescribe the special career management, employment, grades, rank and authorized number of
warrant officers in the Regular Force in each grade in each Component Service in accordance
with the operational and organizational needs of the AFP.

Chapter 3-Enlisted Personnel

Section 66. Qualifications for Enlistment. - Any natural born citizen of the
Philippines, of legal age, physically and mentally fit for military service, of good moral character,
and possessed of such educational attainments as may be prescribed by the Secretary of National
Defense, may be enlisted in the Regular Force under the following restrictions:

a. Except as otherwise provided herein, each enlistment in the Regular Force shall be for
a term of five (5) years: Provided, That all enlistments in force at the outbreak of war, ot other
grave national emergency, or entered into during its continuation shall remain in force until six
months after its termination, unless sooner terminated by the President;

b. Enlistments for service shall be apportioned among the various provinces of the
Philippines, as far as practicable, provided that qualifications for competency as prescribed shall
be observed; and

c. Re-enlistment in the Regular Force shall be prescribed by the Secretary of National
Defense.

Section 67. Enlisted Ranks. — The ranks of enlisted personnel in the AFP shall be in
accordance with the guidelines set forth by the CSAFP. The total number of enlisted personnel
in the enlisted ranks and non-commissioned officer grades shall be prescribed by the CSAFP in
accordance with the number of authorized positions in the approved Table of Organization &
Equipment.

Section 68. Enlistment and Career Development of Enlisted Personnel System. —
‘The Secretary of National Defense shall, upon the recommendation of the CSAFP, prescribe
the guidelines, which shall govern the procurement, enlistment, training, promotion and
discharge or separation of all enlisted personnel in the AFP.

Section 69. Authority to Promote and Demote. ~The authority to promote and
demote Enlisted Personnel shall be prescribed by the CSAFP.

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C, RETIREMENT AND SEPARATION

Section 70. Retirement and Separation. — Retirement, whether compulsory or
optional, and separation from military service, shall conform with existing laws, rules and
regulations without prejudice to the provisions of this Act.

Section 71. Recall from Retirement, — An Officer, Warrant Officer or Enlisted
Personnel who retired from the active service, may be recalled to active duty by the President
during national mobilization and shall be subject to the Articles of Wat. They shall be recalled in
the last permanent rank held before retirement.

Section 72. Retirement and Separation Benefits. Congress shall allocate funds for the
retirement and separation benefits as according to existing laws, rules and regulations.

Section 73. Attrition System. ~ (a) The attrition system for Officers shall be prescribed
by the President as recommended by the Secretary of National Defense.

(©) The attrition system for Warrant Officers and Enlisted Personnel shall be prescribed by the
Secretary of National Defense as recommended the CSAFP.

Section 74. Effect of Loss of Filipino Citizenship. — Pursuant to existing laws, any
retired military personnel, receiving retirement and pension benefits pursuant to the provisions
of this Act, who loses his/her Filipino citizenship shall no longer be entitled to receive pension
and retirement benefits. The survivors of any retired military personnel who lose his Filipino
citizenship shall no longer be entitled to receive survivorship benefits.

D. ADMINISTRATION OF MILITARY JUSTICE SYSTEM

Section 75. Military Justice. — (a) Except as otherwise provided in this Act,
enforcement of discipline and military justice shall be governed by applicable laws and
administrative issuances as prescribed by the President upon recommendation of the Secretary of
National Defense.

(b) There shall be reduction in grade, demotion of rank, suspension of active service, and
forfeiture, suspension, or withholding of pay and allowances of Officers, except those ranks
confirmed by Commission on Appointments, found administratively liable. The procedure,
extent of system of which shall be prescribed by the President as recommended by the Secretary
of National Defense.

(©) Procedure, extent or system of reduction in grade, demotion of rank, suspension of
active service, and forfeiture, suspension or withholding of pay and allowances of Warrant
Officers and Enlisted Personnel found administratively liable shall be prescribed by the Secretary
of National Defense as recommended by the CSAFP.

E. LEGAL ASSISTANCE

Section 76. Extension of Legal Assistance, — All military personnel charged of
service-related or service-connected administrative, civil or criminal offenses, upon apptoval of
their Chiefs of Component Services, shall be provided adequate legal representation and
assistance by military lawyers or counsel of their own choice until conclusion of the case.
Reasonable allocation can be charged against the fund of component service to support such
case.

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ARTICLE III - THE RESERVE FORCE
Chapter 1 -GENERAL PROVISIONS

Section 77. Mandatory Military Service. — In relation to the patriotic duty of every
citizen to defend the country when obliged to preserve and protect sovereignty, every Filipino,
natural-botn or naturalized shall be subject to basic, suitable and sufficient military training and
education for a minimum of two (2) years mandatory military service.

Section 78. Puspose. — The purpose of the Reserve Force is to provide the base for the
expansion of the AFP in the event of disaster, internal disorder and invasion;

Section 79. Organization of the Reserve Force. — The organization of the Reserve
Force shall conform to projected and actual needs as determined by the Secretary of National
Defense upon the approval by the President. The Table of Organization and Equipment of the
Reserve Force shall be prescribed by the Secretary of National Defense upon recommendation
of the CSAFP.

Chapter 2- Composition of the Reserve Force

Section 80. Composition. — The Reserve Force shall have three (3) components,
namely:

a. The Army Reserve Component;
b. The Air Force Reserve Component; and
c. The Navy Reserve Component.

Section 81. Affiliated Reserve Units. - Affiliated Reserve Units (ARUs) are private and
government entities, corporations, establishments and organizations at the national, provincial,
city and municipal levels which provide essential public and strategic services necessary to
support the prosecution of national defense plans or to meet an emergency. ARUs shall belong
to any of the Reserve Force Components.

Section 82. Call to Active Duty of the Reserve Force. — Reservists may be called to
active duty for training and/or deployment as prescribed by the CSAFP as approved by the
Secretary of National Defense.

‘TITLE IIL

OTHER BUREAUS AND AGENCIES UNDER THE DEPARTMENT
ARTICLE I - GENERAL PROVISIONS

Section 83, Supervision and Control. ~ The Secretary of National Defense shall
exercise supervision and control over the bureaus and agencies under this Title, as well as its
personnel.

Section 84. Organization. — (a) Unless otherwise provided by law, the organization,
functions, duties and responsibilities of the staff and operating units of each of the bureaus and
agencies under the Department shall be as prescribed by the Secretary of National Defense in
appropriate rules and regulations issued for the purpose.

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(©) For this purpose, and in the interest of service, the Secretary of National Defense
may, in accordance with the policies or directives of the President:

1. Establish and organize staffs, offices and units in the bureaus or agencies and
prescribe the titles, powers, functions and duties of the positions therein;

2. Abolish existing staffs, offices and units in the bureaus or agencies not
specifically provided by law, or transfer or consolidate their functions and duties
with other staffs, offices ot units; and

3. Abolish a position of any bureau or agency and transfer or consolidate its
functions and duties with those of another position.

Section 85. Separation Benefits of Ofticials and Employces of Affected Bureaus or
Agencies. — Government employees displaced or separated from the service as a result of the
restructuring pursuant to this Act shall be entitled to a separation pay and other benefits in
accordance with existing laws, rules or regulations.

ARTICLE II
‘THE GOVERNMENT ARSENAL

Section 86. Mandate. - The Government Arsenal shall develop, operate, maintain and
secure facilities for the manufacture of weapons, munitions and other defense materiel to
support the requirements of the AFP, Philippine National Police (PNP) and other law
enforcement agencies; and, to sell and export products in excess of the local demand.

Section 87. Power and Functions. ~ The Government Arsenal shall have the following,
powers and functions:

a. Formulate and implement plans and programs towards the achievement of self-
sufficiency in weapons, small arms ammunition, mortars, medium and large caliber ammunition
and other munitions needed by the country’s defense and security establishments;

b. Design, conduct research, develop, manufacture, procure, repair, stockpile and allocate
weapons, munitions and other defense materiel subject to existing laws and regulatory
requirement

. Sell and export products in excess of the requirements of the AFP and other law
enforcement agencies, subject 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;

e. Establish, secure and operate government defense manufacturing plants, as necessary,
in strategic locations within the country; and

Section 88. Organization and Administration. - The Government Arsenal shall be
headed by a Director with one or more Assistant Directors who shall support the Director in the
administration, manufacturing operations and other affairs of the bureau; all of whom shall be
appointed by the President upon the recommendation from the Secretary of National Defense,
and who shall have the relevant expertise, training and experience in the field of munitions.

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Section 89. Modernization of the Arsenal. - The modernization of the Government
Arsenal, for the development of production capabilities to enhance self-sufficiency in defense
requirements, shall be part of the defense modernization program. The Government Arsenal
may use such production facilities as it may own or be provided with under this Act or as it may
arrange, under joint venture, co-production ot similar agreements with local and foreign entities.

ARTICLE I
NATIONAL DEFENSE UNIVERSITY OF THE PHILIPPINES

Section 90. Transformation of the NDCP. ~ In view of the rapidly evolving national
and regional security environment, the current academic trends and research thrusts of defense
institutions in the Asia Pacific, and the increasing need for specialized defense and security
courses to enhance the academic foundation of promoting Philippine national security, The
National Defense College of the Philippines (NDCP) is hereby transformed into the National
Defense University of the Philippines (NDUP) categorized as a special higher education
institution. To ensure the continuous operation of the College, all its personnel and resources
shall be absorbed by the NDUP.

The degree programs, instruction, faculty complement, research, and facilities of the
NDUP shall be accredited by the Commission on Higher Education (CHED). The NDUP shall
likewise have adequate plantilla positions and receive appropriate funding to fulfill the
requirements of transforming into a defense university.

Section 91. Mandate. — In accordance with the standards set forth in pertinent laws and
regulations on higher education, the NDUP shall train and develop the competence of potential
national defense leaders, civilian officials of the different agencies and instrumentalities of the
Government, and selected executives from the private sector in the formulation and review of
national secutity policies and undertake research and studies as basis for the formulation of
national defense and security policies, plans and programs. The NDUP shall be headed by a
President, and assisted by an Executive Vice President, and four (4) Vice-Presidents, all of
whom shall be appointed by the President of the Philippines, upon the recommendation of the
Secretary of National Defense. The NDUP President shall have a term of six (6) years.

Section 92. Powers and Functions. - The University shall have the following powers
and functions:

a. Confer the degree of Master in National Security Administration (MNSA) upon the
graduates thereof,

b. Develop and Confer other baccalaureate, master’s, and doctorate degrees on defense
and security; and

c. Undertake policy research and special studies as well as policy formulation on strategic
defense and security issues.

Section 93. Organization and Administration. — (a) The NDUP President shall
administer the affairs of the University.

(b) The NDUP President shall be assisted by the Executive Vice President (EVP). The
EVP shall act as NDUP President in the absence or incapacity of the NDUP President, and
shall perform such other functions and duties as may be assigned to him by the NDUP
President ot the Secretary of National Defense.

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(©) There shall be a Vice-President for Academic Affairs, who shall be responsible for
the development, implementation, supervision and evaluation of academic programs; a Vice-
President for Strategic Studies and Policy Formulation, who shall be responsible for the conduct
and supervision of research and special studies and policy formulation and review for the
Department; a Vice-President for Military Affairs, who shall be responsible for the overall
military activities of the University; a Vice-President for Administration, who shall be
responsible for the overall administrative support to all the activities of the University and such
other officials as may be required by the University subject to the approval of the Secretary of
National Defense.

(® The University shall have an Academic Board to assist the President discharge
the following functions:

1. Supervise the academic affairs of the University;
Recommend academic consultants, professors, lecturers, instructors, research
assistants and other resource persons of the University; and

3. Recommend the courses of studies to be conducted by the University to accomplish
its objectives.

‘The Board shall be composed of the Vice President for Academic Affairs as Chairman,
and the Heads of the various academic disciplines as members, who shall be designated by the
NDUP President subject to the approval of the Secretary of National Defense.

(© All resource persons of the University including but not limited to academic
consultants, professors, lecturers, instructor, thesis advisers, members of examining and
evaluating panels, examiners, correctors, and technicians who are regularly employed in the
Government shall, in addition to their salaries, be entitled to receive honoraria, fees and other
emoluments fixed by the Secretary of National Defense.

(® The Secretary of National Defense may establish a Council of Fellows in the
University to assist and advise him in providing strategic direction and guidance necessary to
ensure the accomplishment of the mandate of the University

Section 94. Graduates of the Regular Course of the University. — All graduates of
the University shall be conferred the degree of Master in National Security Administration
(MNSA). Civilian graduates of the MNSA program shall receive an initial rank of Lieutenant
Colonel/Commander in the Reserve Force subject to existing AFP regulations. The MNSA ot
its equivalent in military career development course shall be required for appointment ot
designation to key positions and promotion of AFP officers to the grade of O-7 (Brigadier
General/Commodore).

Section 95. Transition, - The SND shall determine the appropriate transition period
for NDCP to attain the status and competency of becoming a university. Further, Congress shall
allocate the necessary funds for the transformation of NDCP to NDUP.

ARTICLE IV
OFFICE OF CIVIL DEFENSE

Section 96, Mandate. — The Office of Civil Defense (OCD) shall have the primary
mission of administering a comprehensive national civil defense and disaster risk reduction and
management program during local and national emergencies by providing leadership in the

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continuous development of strategic and systematic approaches as well as measures to reduce
the vulnerabilities and risks to hazards and manage the consequences of disasters.

Section 97. Powers and Functions. - 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
funds as may be made available by the national government, assisting governments, and
international and local organizations;

b. 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;

Prepare and disseminate disaster control manuals and other publications related
to measures on disaster prevention and mitigation, preparedness, response and rehabilitation and
recovery;

£ Advise the Secretary of National Defense on matters concerning civil defense and
make recommendations from time to time as may be deemed appropriate or as the Secretary
may require;

& 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;

h. Furnish guidance to the various provinces, cities and municipalities in the
planning, accreditation, organization and operation of their civil defense organizations; and

i Perform such other civil defense functions as may be provided by law.

Section 98. Onganization. ~ The Office of Civil Defense shall be headed by an
Administrator who shall also serve as Executive Director of the National Disaster Risk
Reduction and Management Council and, as such, shall have the same duties and privileges of a
department undersecretary. It shall operate under a duly approved organization and staffing as
recommended by the Secretary of National Defense.

ARTICLE V
PHILIPPINE VETERANS AFFAIRS OFFICE

Section 99. Mandate. - The Philippine Veterans Affairs Office shall be the
government agency responsible for administering the benefits due to veterans, their heirs and
beneficiaries and shall provide medical care and treatment to veterans pursuant to existing laws.

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It shall also administer, maintain and develop military memorials and battle monuments
proclaimed as national shrines.

Section 100. Powers and Functions. ~ The Office shall have the following powers and
fanctions:

a. Formulate and promulgate, subject to the approval of the Secretary of National
Defense, policies, rules and regulations governing the adjudication and administration of
veterans claims and benefits;

b. Adjudicate and administer benefits, pensions and other privileges granted to veterans,
their heirs and beneficiaries;

c. Provide medical care and treatment to veterans pursuant to existing law;

d. Administer, develop and maintain military memorials and battle monuments
proclaimed as national shrines; and

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

Section 101. Organization. ~ The Philippine Veterans Affairs Office shall be headed by
an Administrator who may be assisted by one or more Deputy Administrators, all of whom shall
be appointed by the President upon the recommendation of the Secretary of National Defense.
It shall have such staff and other operating units as may be prescribed by the Secretary of
National Defense.

FINAL PROVISIONS

Section 102. Implementing Rules and Regulations. The DND shall formulate the
Implementing Rules and Regulations (IRR) for proper implementation of this Act within twelve
(12) months from the effectivity hereof. The said rules and regulations shall be approved by the
President of the Philippines.

Section 103, Appropriations. - The amount necessary to carry out the provisions of
this Act is hereby appropriated in the General Appropriations Act of the year following its
enactment into law. Thereafter, such sums as may be necessary for its continued implementation
shall be included in the annual General Appropriations Act.

Section 104. Separability Clause. - If any part or provision of this Act is held invalid
or unconstitutional, other provisions not affected thereby shall remain in force and effect.

Section 105. Repealing Clause. ~ All laws, Executive Orders, Presidential Decrees,
rules and regulations inconsistent herewith are deemed modified and repealed accordingly. Al!
affected provisions of existing laws are deemed effective until such promulgation of the IRR.

Section 106. Effectivity. - This Act shall take effect fifteen (15) days upon its
complete publication in the Official Gazette or in at least two (2) newspapers of general

circulation, whichever comes first.

Approved,

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