Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS

First Regular Session

865

House Bill No.

Introduced by Hoa. Rodolfo G.

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 | or National Defense Act that was enacted in 1935.

‘The clouds of war were then looming over the Asian Far East. The Japanese started
waging war against China and there was a perception that Japan was on the course of
expansionism, which included designs on the Philippine islands. Our colonial masters had
just completed War Plan Orange that called for the organization of indigenous ground forces
to defend their colony, the Philippine Islands, with the United States Armed Forces providing
a strategic umbrella over the whole American theater of operations, These developments
were not lost to the Filipino leaders of that era

Immediately after the passing of the Tydings-McDuflie Act, which provided for the
establishment of a commonwealth government in transition for the eventual granting of
Philippine independence, then Senate President Manuel L Quezon proceeded to the United
States to discuss the defense of the country. By mutual agreement between U.S. President
Franklin D. Roosevelt and Quezon, General Douglas H. MacArthur was named military
adviser to the commonwealth government. Through MacArthur's efforts and those of his
principal assistants, United States Army Majors Dwight D. Eisenhower and James B. Ord,
Bill No. 102 providing for the defense of the Philippines was drafted and subsequently passed
by the Philippine Assembly on December 20, 1935. On December 21, 1935, Quezon, then
already President of the Commonwealth Government of the Philippines, signed it into law as
Commonwealth Act Number | otherwise known as the National Defense Act of 1935. The
National Defense Act of 1935 provided the legal basis for contingency planning for the
defense of she Philippines under the aegis of War Plan Orange.

In the context of War Plan Orange, the US mission to the Commonwealth
Government of the Philippines proceeded to create only one service, the Philippine Army,
provided the mechanisms for mobilizing Filipinos for military service in time of peace, and
gave instructions to the Filipino people on how to conduct themselves when the war came.


That war did come about and eventually came to an end. The provisions of the
Tydings-MeDuffie Act did come into effect and the Filipino nation became the independent
Republic of the Philippines. The scope of the National Defense Act of 1935, therefore,
became inadequate the moment we became a sovereign nation and became increasingly so as
we continued to mature.

National security, as students of policy preach, is a complex and multi-dimensional
matter. It must be based on the national principles embodied in the Constitution. The
National Defense Act of 1935 was based on the 1935 Constitution. A national security act
must integrate the roles of the economic, social, cultural and political dimensions into the
comprehensive effort of defense, The national principles governing these dimensions as
prescribed by the 1987 Constitution differ significantly from those in the 1935 Constitution.

In laying down the national principles, the framers of the 1935 Constitution did not
have to consider the experiences of a domestically gestated authoritarian rule, bear witness to
the upheavals of ideological strife, share the euphoria of a people power revolution, and
wonder at the novelty of people empowerment. The 1935 Constitution was a product of the
experiences of a people who had just broken out of four centuries of colonial rule. The 1987
Constitution is a reflection of the aspirations of a nation that is still experiencing growing up
pains and has only itself to rely upon

After July 4, 1946, the first effort to shape the defense policy in keeping with the
times was the issuance by President Manuel Roxas on October 4, 1947 of Executive Order
No. 94, which saw the conversion of the Army of the Philippines to the Armed Forces of the
Philippines. ‘The enactment of RA No. 422 during the presidency of Elpidio Quirino, which
authorized the president to reorganize the executive branch of government, opened the
floodgates for changes in defense policies by executive issuances or even department orders.
Executive Order No, 389, on recommendation of Secretary Ramon Magsaysay, reorganized
the Armed Forces of the Philippines into four major services. Defense policies that were
formulated by Congress consisted mostly of personnel administration of the Armed Forces of
the Philippines.

The proposed National Defense and Security Act (NDSA) translates 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 NDSA is founded on seven basic security and defense policies from where the
principles, processes, structures and critical details cascade into four titles, 25 articles and 81
sections 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. The
Cluster E of the Cabinet will be transformed into the National Command Authority which
would have added powers than just an interim entity.


Also, it seeks to achieve common understanding of defense and security issues by
providing the facility for consensus building and consultation processes, an Asian innate
value. By making the National Security Council and the Peace and Order Council as
consultative entities from which the President could harness popular consensus, defense and
security policies would ensure national commitment.

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

LFO GJ BIAZON
Represerfative
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City
FIFTEENTH CONGRESS

First Regular Session

House Bil No,__ 865

Introduced by Hon. Rodolfo G. Binzon

PROVIDING FOR THE NATIONAL. DEFENSE AND SECURITY OF THE
REPUBLIC OF THE PHILIPPINES, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

PRELIMINARY PROVISIONS

SECTION 1. This act shall be known as the National Defense and Security Act of
2010.

SEC. 2. Declaration of Principles. —

a, Civilian authority is at all times supreme over the military. The President of
the Philippines shall be the Commander-in-Chief of the Armed Forces of the Philippines and,
whenever it becomes necessary, the President may call such armed forces to prevent or
suppress lawless violence, invasion or rebellion

b. The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the fulfillment thereof, all
citizens may be required, under conditions provided by law, to render personal, military or

civil service.


©. The maintenance of peace and order, the protection of fife, liberty and
property, and the promotion of the general welfare are essential for the enjoyment by all the
people of the blessings of democracy.

SEC. 3, Declaration of National Defense Policies. ~ The national defense policy of the
State shall be as follows

a. Obligation. ‘The obligation to preserve the State is symbiotic between the
Government, the individual citizen and private sector organizations. The security of the State
and the freedom, independence, sovereignty and territorial integrity of the Republic of the
Philippines shall be guaranteed by all citizens for personal civil or military service. The
government is obliged to encourage all citizens and private sector organizations to prepare
themselves during peacetime for national service in times of war or national emergencies
through a system of incentives.

b. Authority. Authority over national defense and security matters shall be vested
upon persons and entities in accordance with the hierarchy of defense conditions set herein

c. Organization for National Defense and Security: The organization for national
defense and security and its operation shall:

1. Optimize the societal and political processes of a democratic state as
provided by the Constitution where the Filipino people reign supreme and whose
active participation and consultation shall be sought;

2. Adapt as closely as possible to the configuration of Philippine territory
and exclusive economic zones as defined by international law, conventions and other

agreements, and mitigate its disadvantageous effects by securing it through proactive
means;

3. Consider as a policy-planning imperative the archipelagic nature of

Phitippine territory that is located astride international lines of communications.


d. Mobilization. The different types and scope of mobilization shall be carried out as a
means for preparedness as well as in response to a threat of or actual aggression, deterioration
of internal security conditions, or impending caiamities and disasters.

cc. Defense Real Estate: Portions of the state’s domain determined by law as vital to
national defense and security shall be placed in the category of national parks, held under
trust by the defense establishment, the preservation and development of which shall be
accorded the protection guaranteed by the Constitution.

£ Industrial Mobilization and Convertibility: Planning and programming of industrial
and infrastructure development to include research and development shall consider
mobilization for defense as a primary objective and shall be subject to concurrence by the
National Defense Systems Board.

. Defense Education. Internalization of the individual citizen’s obligation to protect

the state shall be made part of the formative and continuing education of all citizens.
ARTICLE 1 - Definition of Terms

SECTION 4. The following terms, when applied to this Act, shall mean:

a. National Defense: the mechanism of the state to marshal a nation’s forces and
resources for the purpose of protecting national interests and responding to threats thereto,

b. National Security: the state or condition wherein the national interests of the
Republic of the Philippines, its sovereignty and territorial integrity, the well being of its
people and institutions, are preserved, protected and enhanced.

c. Exclusive Economic Zone (EEZ): the area which extends to a distance of 200

nautical miles beyond and from the baselines from which the territorial sea is measured;

except that when the outer limits of the zone as thus determined overlap the EEZ of an
adjacent or neighboring state, the common boundaries shall be determined by agreement of

the parties in accordance with the generally recognized principles of international law.


d. State of Emergency: an unforeseen combination of circumstances which vests the
Chief Executive extraordinary powers within the constitutional framework to address the
situation.

c. Threat: an act manifesting non-recognition or disregard of Philippine sovereignty
and national territory; an act by a hostile state demonstrating the potential use of force to
impose its will on the Filipino nation; a condition or set of conditions which demonstrates a
potential to affect the security of the state.

£ Challenge: an act manifesting non-recognition or disregard of Philippine rights to

Exclusive Economic Zones as provided by international law, treaties and agreements.

8. Internal ders: certain destabilizing conditions to include insurrection,

rebellion, insurgency and other similar conditions which threaten the security of the state,

lized: the definition of an area the coverage of which is not more than one
province.

i, Region-wide: an area covering more than one province but within an administrative
region.

j. Area-Wide: an area covering more than one administrative region; areas within a
unified command.

k. Internal Security Operations: actions taken by the executive branch in accordance
with the processes provided herein to address internal disorders arising either from internal or

external causes.

mand: the absolute capability endowed by law to act authoritatively; an entity
of the state empowered to direct the armed forces.
m. Armed Forces: when written in the lower case, refers to all uniformed services of

the government bearing arms; when expressed in full and started with capital letters as Armed


Forces of the Philippines, refers to the military establishment under the Department of
National Defense.

n. Type Command: a subordinate command of a major service that is charged with
the mission of developing, training, maintaining and providing operating forces that perform
specific warfare functions.

©. Forces: formations of manpower, materiel and combat systems capable of
counteracting threats,

p. Reserves: those armed forces composed of citizens called to military service.

q. Cadre: the nucleus of commissioned and non-commissioned officers as defined by
law possessing the technical competence needed to organize, train, equip and direct reserve
forces; the core framework of reserve forces.

+. Civil Defense: protective measures and emergency relief activities conducted under
civilian authority for the purpose of minimizing damage to persons or property and for
maintaining vital facilities and services during war or natural disasters.

SECTION 5. Defense Conditions and Authority.

a, 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 -- calamities, internal disorders and
externally caused incidents -- acting separately or in concert tend to, or actually threaten, the
security of the state. The combination of the different intensity levels of these events
constitutes the following hierarchy:

1 Defense Condition One - Natural calamity or disaster impending: absence of
threats, internal or external;

2. Defense Condition Two - State of localized calamity or disaster; state of

localized internal disorder, right to exclusive economic zone challenged;


3 Defense Condition Three - State of region-wide calamity or disaster; state of
region-wide internal disorder, right to exclusive economic zone is threatened,

4 Defense Condition Four - State of nation-wide calamity or disaster; state of
nation-wide intemal disorder, sovereignty and territorial integrity threatened,

5. Defense Condition Five - Civil war prevailing; war is imminent,

6. Defense Condition Six - Existence of a state of war.

b. The following persons and entities are hereby designated to act in behalf of the
state in accordance with the hierarchy of defense conditions set herein:

1 Defense Condition One - Director General, Civil Defense Authority.

2. Defense Condition Two - Director General, Civil Defense Authority; Chief,
Philippine National Police: and heads of other national law enforcement agencies or their
delegated subordinates in the furtherance of their mandated functions.

3. Defense Condition Three - The President of the Republic of the Philippines in
his capacity as Commander-in-Chief of ali armed forces or his duly delegated subordinate(s).

4. Defense Condition Four - The President of the Republic of the Philippines in
his capacity as Commander-in-Chief of all armed forces.

5 Defense Condition Five - The President of the Republic of the Philippines in
consultation with the national security entities designated herein.

6. Defense Condition Six - Where material time is available, the President seeks
authority from the Congress of the Republic of the Philippines; where material time is not
available the President may invoke his powers to declare emergency measures as provided by

the Constitution,


TITLE | - ORGANIZATION FOR NATIONAL DEFENSE AND SECURITY
ARTICLE 1 - General Provisions

SECTION 6. It is the policy of the State to ensure that the mechanism for the
coordination of departments and agencies in addressing the complexity of national defense
and security is well established.

SECTION 7. The evolution of national defense and security policies shall undergo
processes as prescribed herein:

a Consultation: The process by which the Chief Executive seeks a formal
consensus on policy short of a referendum. This process may be undertaken during the
formulation of policy and in determining the continuance or modification of existing policies.

b. Advisement: The process by which the Chief Executive secks technical,
expertise and other forms of relevant inputs to the formulation, execution and review of
policy.

c Review and Oversight: The process by which the implementation of policy is
monitored, deviations investigated and continuance determined.

ARTICLE 2 - National Defense and Security Policy Entities

SECTION 8. The consultative entities are hereby created:

a, Peace and Order Councils: The existence of the following levels of Peace and
Order Council (POC) shall be institutionalized as consultative entities:

1, National Peace and Order Council

2. Regional Peace and Order Council

3. Provincial Peace and Order Council

4. City or Municipal Peace and Order Council

‘The Chief Executive, taking into consideration time factors and the extent of broad

base consultation needed on a certain issue, shal! consult the appropriate POC level. In the


declaration of a defense condition (DEFCON), the designated authorities mandated herein are
required to consult the appropriate POC starting at DEFCON 3

b. National Security Council: The National Security Council (NSC) is a consultative
entity from where the President generates broad spectrum of political support for potentially
contentious decisions. The broad spectrum political character of the National Security
Council shall be composed of the following representatives from the legislature and the ranks
of the past Presidents and past Chief Justices of the Supreme Court:

1 President as Chairman

2. Vice-President

3. Senate President

4, Speaker of the House of Representatives

Be Chairman, Senate Committee on Foreign Relations

6. Chairman, House Committee on Foreign Relations

7, Chairman, Senate Committee on National Defense and Security
8 Chairman, House Committee on National Defense

9. Chairman, Senate Committee on Public Order

10. Chairman, House Committee on Public Order and Security
11, Past Presidents of the Philippines
12. Former Chief Justices, Supreme Court

13, National Security Adviser

¢. The Chief Executive is required to convene the National Security Council for the

purpose of the following:
1. Communicating imention to declare DEFCON 3, 4 or 5;
2. Communicating planning, programming and budget guidance for a


forthcoming budget call

SECTION 9. The following entities shall perform advisory functions:

a National Security Adviser: The National Security Adviser is the principal
advisor of the President on national security matters. He shall also be the concurrent Director
General of the National Security Council and head of its Secretariat

b. National Intelligence Agency (NIA): The NIA is the central authority on
national intelligence, As such, it shall conduct, direct, coordinate and integrate government
activities involving national intelligence, and the preparation of intelligence estimates of local
and foreign situations for the formulation of national policies. It shall be headed by a
Director General

¢, National Economic and Development Authority (NEDA): The existing NEDA shall
likewise serve as an advisory entity. It shall be the focal point for the direction, coordination
and integration of government activities involving the economy and the preparation of
estimates and forecasts of the nation’s capacity to support and/or finance national defense and
security objectives on the short, medium and long-term bases.

d. There shall be created a National Defense Systems Board (NDSB) which shall be

composed of the Secretaries of the following departments:

1. Department of National Defense - Chairman
2. National Economic and Development Authority
3. Department of Budget and Management

4. Department of Trade and Industry

5. Department of Public Works and Highways

6. Department of Environmental and Natural Resources
7. Department of ‘Transportation and Communications

8 Department of Health


9. National Security Adviser

10. Department of Energy

©. ‘The NDSB shall perform the following functions:

1 Advise the President on matters involving the declaration of certain portions
of the state’s domain as vital to national defense and security thus classifying them as defense
real estate.

2, Advise the President on matters involving the national defense and security
convertibility or dual-use provisions for industrial and infrastructure development.

3 Advise the President on other development projects, such as but not limited to,
exploitation or utilization of natural resources in or adjacent to declared defense real estate.

4, Recommend to the President such initiatives that relate to defense systems.

The organization, staffing and budget of the National Defense Systems Board shall be
provided for in an executive issuance by the President.

SECTION 10. Review and Oversight. Congress shall be the principal entity to
conduct periodic review and oversight initiatives over existing national defense and security
policy established by law

ARTICLE 2 - National Command Authority
Sut

STION 11. There shall be created the National Command Authority (NCA). Ts
function is to provide prompt operational decision analysis to national level defense and
security estimates and produce the responsive decision outputs for the President. The
National Command Authority processes requirements for major force mobilization and
deployments and statements regarding current government positions on national defense and
security issues. Its organization and staffing shall be provided for in an executive issuance by

the President,

SECTION 12. The National Command Authority shall be composed of the

10


following,
a The President of the Republic the Philippines as Chairman
b. Secretary of National Defense
¢. Secretary of the Interior and Local Government
4 Secretary of Foreign Affairs
d.— Scoretary of Justice
e. Chief of Staff, AFP
£ Chief, PNP
g National Security Adviser
i Director General, Civil Defense Authority

ARTICLE

- The Strategic Defense Structure

SECTION 13. The President shall, within the first year of his administration,
determine the Strategic Defense Structure (SDS) of the country for joint approval of
Congress provided, that if no such structure is proposed, the existing defense structure shall
remain effective for the rest of his administration unless Congress initiates amendments
thereto or replacements thereof, and provided further that the SDS initiated by Congress shall
have an effective life of not less than four years.

Ss

CTION 14. The Strategic Defense Structure (SDS) shall prescribe the wartime
table of organization and equipment, the troop ceiling or percentage of peacetime fill-up and
the table of distribution of ranks within the prescribed troop ceiling. The SDS shall likewise
consider the operating environment peculiar to the major services of the AFP and set the
jurisdictions of Armed Forces of the Philippines unified commands and their equivalent in
the law enforcement agencies and the Civil Defense Authority.

SECTION 15. The Unified Commands of the AFP shall serve as command and

control headquarters of the operational forces provided by the major services and as directors


of joint and combined operations. The organization of the Unified Commands shall as far as
practicable recognize the applicability of certain warfare functions on the geographic
peculiarities and the prevailing threat conditions,

SECTION 16, An Area Commissioner shall be appointed by the President, in his

capacity as the Commander-in-Chief, when an area-wide state of emergency, natural or man-

made, is declared in accordance with

‘CONs 3 and 4, His tenure of office is coterminous
with the stipulated period of emergency granted to the President by Congress. His mission is
to address the emergency in his area of responsibility in conformity with the guidance and

policy directives from the President

ARTICLE 4 - Department of National Defense

SECTION 17. Organization: The Department of National Defense (hereinafter
relerred to as DND) shall be composed of the Secretary, the Undersecretaries and Assistant
Secretaries and their immediate staff as determined by them respectively and such other
bodies as provided by law.

SECTION 18. The Secretary of National Defense (hereinafier referred to as SND) is
the head of the Department of National Defense. The SND is the principal advisor to the
President on national defense matters. ‘The SND shall optimize the effectiveness of the DND
in guarding against external and internal threats to national defense and security; in assisting
social and economic development, and in performing such other functions as may be
provided by law. The SND shall perform the following duties

a, Establish general policies and programs for the national defense establishment and
for all of the agencies therein;

b. Exercise general direction, authority and control over such agencies.


¢. Take appropriate steps to eliminate unnecessary duplication or overlapping in the
fields of procurement, supply, transportation, storage, health and research;

d, Supervise and coordinate the preparation of the budget estimates of the
departments and agencies comprising the national defense establishment; formulate and
determine the budget estimates for submittal to the Department of Budget of Management;
and supervise the budget programs of such departments and agencies under the applicable
appropriation act

SECTION 19. Office of the Undersecretaries:

There shall be three (3) Undersecretaries. The Undersecretaries shall perform such
powers and duties as the SND may prescribe. They, in the order of precedence designated by
the President, shall act for and exercise such powers and duties of the SND when he is
incapable to do so.

ARTICLE 5 - Armed Forces of the Philippines

SECTION 20. The Armed Forces of the Philippines (AFP) is the military

establishment of the country under the command, control and supervision of the President of
the Philippines as its Commander-in-Chief through the Chief of Staff, AFP. Its broad
functions are:

a Protect the people and the State, and secure the sovereignty of the State and
the integrity of the national territory;

b, Promote and advance the national interests and objectives;

c. Plan, organize, develop, maintain and deploy the Base Force and Reserve

Force for national defense and security

d Assist in national social and economic development,


Subject to the provisions of this act, prepare all armed forces for the effective
prosecution of war and defend the territory of the Philippines against all enemies, foreign or
domestic; and

£ Perform such other functions as may be provided by law or assigned by higher

author
SECTION 21. The AFP shall be composed of a citizen armed force which shall
undergo military training and service as provided by law. It shall be organized and
maintained in a manner that shall render it capable of rapid expansion from a peacetime
organization to wartime or emergency organization. It shall comprise be composed of.
a. A Base Force necessary for the day-to-day security of the state. The Base

Force shall constitute the core formation of the

izen armed force from which expansion
may be carried through mobilization process. The Base Force shall consist of career
professional officers, enlisted personnel, reservists called to active duty, draftees, trainees and
government sponsored Filipino cadets enrolled in local or foreign military schools. The
officers and enlisted ranks of the Base Force shall be drawn proportionately from all
provinces and cities as far as practicable.

b. A Reserve Force, which shall be organized, trained, maintained, integrated,
and test-mobilized and test-deployed annually during peacetime for the purpose of
employment with the Base Force in times of war or national emergencies. All able-bodied
citizens shall undergo military training after which they shall become reservists with
appropriate ranks.

©. A civilian component maintained through a plantilla approved by the proper
authorities.

SECTION 22. The organizing principles of the AFP shall be the following:

a. The Major Services through their respective commanders are responsible to

4


the Commender-in-Chief through the Chicf of Staff, AFP and the Secretary of National
Defense for the development, administration and maintenance of forces. The Unified
Command Commanders are responsible to the Commander-in-Chief through the Chief of
Staff, AFP and the National Command Authority for the deployment, direction and control of
forces

b. It shall conform to Section 5 of Article 2 and Sections 21and 22 of Article 7 in
the organization of the Unified Commands.

©. It shall develop the capability to participate in the socio-economic
development program of the government and thereby keep the military within mainstream
society,

d. It shall prescribe the manning levels of the Base Force in a manner that shall
ensure a more predictable base for costing forecasts and programming of troop ceilings.

SECTION 23. The Armed Forces of the Philippines shal! be organized as follows

a. General Headquarters - the Headquarters of the Commander-in-Chief from
where administrative and operational matters are planned, executed and supervised. It shall

be located as close as practicable to the political seat of government.

b. Unified Commands - deploy, direct and control the operating forces
©. Major Services - maintain and provide forces peculiar to operating
environments:

(1) Philippine Army
(2) Philippine Air Force
(3) Philippine Navy
ARTICLE 6 - General Headquarters, Armed Forces of the Philippines
SECTION 24. There shall be in the Armed Forces of the Philippines a General

Headquarters composed of the joint general, special, technical and such other staff offices


which may be necessary for the administration and operation of the military establishment. It
shall be the under the direction and authority of the President of the Philippines, It shall:

a, Prepare strategic security and defense plans of the AFP;

b. Prepare logistics plans and assign logistic responsibilities within the AFP in
accordance with those plans;

c. Formulate policies for AFP joint training and coordinate the military education
of the different major services;

d. Perform such other functions as the President or the Secretary of National
Defense may prescribe

SECTION 25. The AFP leadership shall be composed of the following:

a, Chief of Staff, AFP: Shall be with the rank of General/Admiral and serves as
the principal adviser to and heads the General Headquarters of the Commander-in-Chief. The
Chief of Staff, AFP shall be appointed by the President for a term not exceeding three years
in accordance with the Constitution. However, in times of war or other national emergency
declared by Congress, the President may extend such tour of duty.

db Vice Chief of Staff: Shall be with the rank of Lieutenant General/Vice
Admiral and serves as the principal assistant of the Chief of Staff, AFP.

c. Deputy Chief of Staff: Shall be with the rank of Lieutenant General/Vice
Admiral and serves as the supervisor and coordinator of the Joint, Special, and Technical
Staff.

ARTICLE 7 - Philippine Army

SECTION 26. The Philippine Army shall be composed of its headquarters, land
combat and service support units and such other units as may be necessary for the conduct of
ground operations. It shall be responsible for the preparation of land forces necessary for the

effective prosecution of war, except as otherwise assigned; and, in accordance with the


integrated mobilization plans, program for the expansion of the peacetime strength of the
Army to meet the needs of war. It shali be headed by the Commanding General, Philippine
Army (CGPA), who shall hold the rank of Lieutenant General.

SECTION 27. The Philippine Army shall.

a Organize, train, equip and employ active territorial and maneuver forces for
prompt and sustained operations on land,

b. Prepare such units as may be necessary for the effective execution of national
defense plans and programs and armed forces missions, including the expansion of the
peacetime army component to meet any emergency,

c. Develop doctrines, procedures, tactics, techniques, and organization and
equipment (to include aviation) peculiar to the Army for uni-service operations;

d. In coordination with the cognizant agencies identified herein, develop and
maintain strategic resistance areas in the highlands, engagement areas in the lowlands, ground
lines of support and the command center system specified by the strategic defense structure
(SDS); develop and maintain programs for the prompt conversion of such public utilities and
industries which may be needed in the conduct of ground warfare into peculiar warfare
formations during mobilization.

© Organize, train, equip, administer, regularly test-mobilize, and test-deploy the
army reserve component.

ARTICLE 8 - Philippine Air Force

SECTION 28. The Philippine Air Force shall be composed of its headquarters, air
combat and service forces, and such other units as may be necessary for the conduct of air

operations. It shall be responsible for the preparation of air forces necessary for the
effective prosecution of war, except as otherwise assigned; and, in accordance with the

integrated mobilization plans, program for the expansion of the peacetime components of the

7


Air Force to meet the needs of war. It shall be headed by the Commanding General,

Philippine Air Force (CGPAF) who shall hold the rank of Lieutenant General.

SECTION 29. The Philippine Air Force shall:

a Organize, train, equip and employ air forces for prompt and sustained air
operations;

6. Provide for air defense:

c. Organize, train, and equip air forces for airlift, airborne, and tactical air

operations unilaterally or jointly with ground and/or naval forces,

d. In coordination with the cognizant agencies identified herein, develop and
maintain a system of alternative airbases, air corridor components of strategic lines of
support; develop and maintain programs aimed at the propagation of individual aviation skills
in the private sector and the prompt conversion of the aviation industry into peculiar air
warfare formations during mobilization.

e Formulate and develop doctrines, concepts, systems, procedures, strategies,
tactics and techniques for operations peculiar to the Air Force; and

£ Organize, train, equip, admi

cr, regularly test-mobilize, and test-deploy the
air force reserve component
ARTICLE 9 - Philippine Navy

SECTION 30. The Philippine Navy shall be composed of its headquarters, naval
combat forces, service forces, the Philippine Marine Corps and such other forces as may be
necessary for the conduct of naval operations. It shall be responsible for the preparation of
naval forces necessary for the effective prosccution of war, except as otherwise assigned;
and, in accordance with the integrated mobilization plans, program for the expansion of the
peace-time components of the navy to meet the needs of war. It shall be headed by the Flag

Officer in Command, Philippine Navy (FOIC, PN) who shall hold the rank of Vice Admiral.

is


SECTION 31. The Philippine Navy sh

a. Organize, train, equip and deploy naval forces for prompt and sustained naval
operations;

b. Provide for naval defense;

c. Secure the country’s internal and territorial waters and its interest in the

exclusive economic zone;

d. In coordination with the cognizant agencies identified herein, develop and
maintain the principal and alternate base systems, maritime links to ground lines of support,
programs aimed at the prompt conversion of maritime industry sectors into peculiar naval
warfare formations during mobilization, and such programs aimed at propagating among
private sector individuals and groups such maritime skills which can be used for naval

warfare,

©. Prepare the necessary naval units for the effective execution of national

defense plans and programs and Armed Forces missions, including the expansion of a
peacetime navy component to meet the needs of war;

£ Develop doctrines, concepts, systems, procedures, strategies, tactics, and
techniques for operations peculiar to the Navy, and

8 Organize, train, equip, regularly test-mobilize and test-deploy the naval
reserve component

SECTION 32. The Philippine Marine Corps (PMC) shall be a type command of the
Philippine Navy and shall be headed by the Commandant, Philippine Marine Corps, who
shall hold the rank of Major General. The mission of the Corps is to provide combined arms
maneuver forces to the unified commands and landing forces to Navy fleet forces for the
conduct of amphibious operations and such other actions essential to the prosecution of naval

defense, The Philippine Marine Corps shall have the following functions:


a. Organize, train, equip and maintain units of combined arms for amphibious
operations, ground combat operations and internal security operations, and provide coastal
artillery defense and early warning and surveillance of maritime corridors and choke points;

b. Develop in coordination with other services the doctrines, tactics, techniques
and equipment employed by landing forces during amphibious operations,

c Maintain deployable forces-in-readiness up to division size; (ype command
rear service support units and the core formations of the Marine ready reserve forces;

Participate in national socio-economic development and assist in times of
calamities and disasters,

¢. Perform such other duties as may be directed by higher authorities

ARTICLE 10 - Reserve Forces

SECTION 33. The organization, development, maintenance and direction of Reserve
Forces shall as much as practicable adhere to the following principles:

a Shail be as capable as the Base Forces;

b. Conform to the organization and training of the Base Forces;

¢. _ Beestablished through the same tables of organization and distribution as the

Base Forces;

4. Shall be made interoperable with the deployment doctrines of the Unified
Commands,

SECTION 34. The development, maintenance, employment and deployment of
Reserve Forces shall consist of the following process:

4. Manpower Development Phase. The Major Services through their respective
Reserve Commands shall maintain a manpower development program for the production of
the diferent reservist lists of their respective reserve components. Major Service Reserve

Commands shall be responsible for the registration, individual training and administration of


reservists, Under peacetime conditions below DEFCON Four, ready reserve lists shall be
composed of volunteers. Compulsory service may be invoked only when DEFCON Four and
higher is declared

b. Reserve Forces Development Phase. The Major Services through their
respective Type Commands shall receive from their Reserve Commands reservists called for
periodic peacetime mobilization and integration into activated ready reserve formations in
accordance with the doctrine and warfare requirements of Unified Commands, Major Service
type commands shall be responsible for the equipage, unit training, and administration of
activated ready reserve formations. Activated reservists shall remain in the ready reserve
status for two years,

©, Reserve Forces Deployment Phase. Unified Commands receive activated
ready reserve formations for deployment. Unified Commands shall likewise ensure that
activated ready reserve formations remain interoperable with base forces under their
direction.

d. Civil Defense Deployment Phase, Area directors of the Civil Defense
Authority assume operational control over activated ready reserve formations after their
Unified Command deployment, These activated ready reserve formations assume civil
defense tasks for a period of one year.

e Deactivation Phase. Deactivation of activated ready reserve formations shall
be made after completion of Phases (b), (c) and (4) through their respective Major Services
upon recommendation of the Civil Defense Authority.

SECTION 35. The DND shall provide a continuing career development program to

attract dedicated reservists for service in the reserve cadres.

24


ARTICLE 11— Administration and Management of the AFP

SECTION 36. The administration of the Armed Forces of the Philippines shall be the
responsibility of the Secretary of National Defense.

SECTION 37. Personne! Policies. Personnel policies and administration shall be in
accordance with the following principles:

‘a, Recruitment to the Armed Forces shall be governed by the principle of equality,
without distinction of any kind as to, ethnicity, gender, religion, and political beliefs. It shall
be limited to natural born citizens in case of officers,

b. Career management in education, training, assignment and appointment shall
provide for equal opportunities to all members;

cc. Promotion of members of the Armed Forces shall be based on merit, efficiency and
competence, Tt shall be governed by the principles of justice, equality, fairness, and
professionalism;

d. Members of the Armed Forces shail receive pay, allowances and other benefits that
shail promote professionalism and afford them a respectable life;

¢. Members of the Armed Forces shall be entitled to retirement and separation
benefits that shall enable them to live a decent life. Retirement and separation benefits shall
not be subject to attachment, garnishment, levy, and execution of any tax whatsoever, neither
shall they be assigned, ceded or conveyed to any third party;

f The process of attrition of members of the Armed Forces shall consider the best
interest of the service over that of its individual members, and

g. A pyramidal rank structure for both officers and enlisted personnel for the Base
Force shall be maintained. The personnel attrited in the process of maintaining the pyramidal

structure shall be incorporated into the Ready Reserve formations.

22


TITLE I - INTERNAL SECURITY
ARTICLE 12 - Policies on Internal Security Operations
SECTION 39. Policy Declaration. Constitutional guarantees on civil liberties shall
be upheld during the conduct of internal security operations unless suspended through
processes prescribed by the Constitution

SECTION 40. Office of the Secretary of the Interior and Local Government: The

Secretary of the Interior and Local Government (hereinafter referred to as STLG) shall be the
principal adviser to the President on matters pertaining to interior and local government
matters, The SILG shall optimize the effectiveness of the Department of Interior and Local
Government (DILG) in the enhancement of public safety and peace and order programs by
assisting in social, political and economic development and in performing such other function
as may be provided by law.

SECTION 41. Responsibility for the conduct of internal security operations shall be
linked with the hierarchy of defense conditions prescribed in Section 10, Article 3 of this Act
where the Philippine National Police is responsible for initiating responses to DEFCON One
and Two, Starting from DEFCON Three (3) and higher, the Armed Forces of the Philippines
shall assume operational responsibility over all internal security operations

SECTION 42. All law enforcement agencies shail be converted into the different
categories and types of ready reserve forces as prescribed by pertinent enabling laws and their
implementing rules and regulations and shall be subordinated to the Armed Forces of the
Philippines starting from DEFCON Five and Six

SECTION 43. Ready Reserve Forces may be deployed for internal security

operations under the operational direction of the Armed Forces of the Philippines.


SECTION 44, The Commander-in-Chief shall promulgate rules and regulations
classifying law enforcement agencies into ready reserve forces to provide support and
assistance to entities of the Civil Defense Authority during different DEFCON levels.

ARTICLE 13 - Organization of Law Enforcement Agencies

SECTION 45. As much as practicable, law enforcement agencies shall be organized
along similar lines as the Unified Commands of the Armed Forces of the Philippines and the
arca organizations of the Civil Defense Authority in order to ensure interoperability of forces
during mobilization for war and national emergencies.

SECTION 46. Law enforcement agencies shall be governed by the pertinent enabling
acts and their respective implementing rules and regulations pertaining to preparations for
their role as military reserves.

‘TITLE Ill - SUPPORT FOR NATIONAL DI

NSE AND SECURITY

ARTICLE 14 - Foreign Policy Support

SEC

ION 47. Policy Declaration: The Philippines renounces war as an instrument of
national policy and adheres to the policy of peace, equality, justice, freedom, cooperation and
amity with all nations

SECTION 48. Office of the Secretary of Foreign Affairs: The Secretary of Foreign
Affairs shall be the principal adviser to the President on matters pertaining to foreign affairs
‘The SFA shall optimize the effectiveness of the Department of Forcign Affairs (DFA) in the
enhancement of foreign policy pertaining to security and defense and in the conduct of
proactive diplomacy for the furtherance of Philippine national defense and security interests

SECTION 49. The SFA shail be responsible for the determination, initiation and
entry into multilateral or bilateral defense and security relations with other nations in

consultation with the SND and SILG.

m4


SECTION 50. The SPA shal! likewise be responsible for the monitoring of external
dimensions of domestic defense and security situations and the taking of appropriate
‘measures abroad in consultation with the SND and SILG.
ARTICLE 15 - Civil Defense Authority

SECTION 51. The Civil Defense Authority, hereinafter referred to as the CDA, shall
be responsible for coordinating at the national level the activities and functions of the various
agencies and instrumentalities of the national government and private institutions and civic
organizations devoted to public welfare so that the facilities and resources of the entire nation
may be utilized to the maximum extent for the protection of the civilian populace and
preservation of property during time of war and other national emergencies, whether natural
or man-made.

SI

“TION 52. The Civil Defense Authority shall have the following functions’

a. Establish and administer a comprehensive national civil defense and civil
assistance program,

b. Formulate policies and prepare plans for the protection and preservation of the
well-being of the civilian populace during wars directly involving the Philippines or other
national emergencies;

©. Estimate the total material, manpower and fiscal requirements for carrying out
the national civil defense and civil assistance program and allocate to the provinces and cities
such aid in facilities, materials, and funds as may be made available from the national
government;

d. Develop and coordinate programs for informing, educating, and training the
general public, members of disaster councils and volunteer workers on civil defense and civil

assistance measures and activities;

©, Furnish guidance to all provinces, cities and municipalities in the preparation,

25


organization and operation of its civil defense units;

f Advise the President on matters concerning civil defense and civil assistance
and make such recommendations as may be deemed appropriate or as may be required by the
President, and

& Perform such other functions as may be provided for by law.

ARTICLE 16 - Defense Real Estate

SECTION 53. Defense Real Estate (DRE) refers to portions of the public domain set
aside and developed for the purpose of enhancing the defense posture of the country. DRE
shall be classified as national parks.

SECTION 54, In accordance with the provisions of current Strategic Defense
Structure as stated in Section 20 of Article 7 hereof, the President shall determine those
portions of the public domain identified as critical to the Strategic Defense Structure (SDS) of
the country which require classification as Defense Real Estate, provided that no
reclassification of properties classified as Defense Real Estate shall be effected earlier than
five (5) years from the date of classification as such.

SECTION 55. Classification and utilization of portions of lands of the public domain
for infrastructure development other than defense shall first be concurred in by the National
Defense Systems Board.

ARTICLE 17 - Industrial Mobilization and Convertibility

SE

ION 56. Industrial mobilization refers to the transformation of industry from its
peacetime activity to a status necessary to support national defense and security objectives. It
shall include mobilization of materials, labor, capital, production facilities, and transport
services essential for national defense and security in times of war and other national
emergencies. Mobilization may be invoked by the President through his powers provided

herein or as specified by other legislation and executive issuances.


SECTION 57. Industrial Convertibility refers to a set of actions undertaken by the
government to ensure that the development of industries and their concomitant infrastructure
shall consider their potential defense utilization and are preplanned for conversion to wartime

application

‘TION 58. Priorities and Allocations - During DEFCON 4, 5, and 6, the President
is hereby authorized:

a, To require that performance under contracts or orders which he decms
necessary for national defense and security purposes shall take priority over any other

contract or order; and

b. To allocate materials, facilities and resources as he deems necessary for

national defense and security purposes.
SECTION 59. Public Utilities and Other Private Enterprises at the Disposal of the
State During the appropriate DEI

CON level, the President may direct the temporary takeover
or direct the operation of any public utility and such other businesses affected with public
interest by the armed forces or other government agencies in order to ensure their
unhampered operation. Public utilities and such other businesses affected with public interest
shall refer to any establishment, firm or corporation which provides materials or services to
the public such as electricity, natural gas, mineral oil and its derivatives, communications,
transportation, water works and sewerage systems, shipyards, shipping, civil aviation,
hospitals and clinics, mass media, architectural and engineering firms, and such other
facilities whose products and services are vital to national defense and security,

SECTION 60. Indemnity - In case of any physical damage incurred by an industrial
facility directly or indirectly resulting from the government takeover or supervision and

control of such facility, the person(s) owning the facility shall be appropriately compensated.

a


SECTION 61. The President shall promulgate such rules and regulations that shall

govern the provisions of this Article.
ARTICLE 18 - Defense Education

SECTION 62. The Department of National Defense shall maintain a defense and
security education system that is formative, firm, progressive and continuing. This defense
and security education system shall address the need of internalizing in the citizenry their
obligation to preserve the state; in the active military professionals the vocation of their
career, and in the political leadership sector the skills in formulating national defense and
security policy.

SECTION 63. The Armed Forces of the Philippines shall operate the Philippine
Military Academy that shall provide the formative education for cadets chosen to become
career military officers.

SE

‘TION 64, The Department of National Defense shall enter into arrangements
with learning institutions, local or foreign, for the conduct of such education, training and
research programs designed to keep the defense establishment abreast with current trends and
developments.

SECTION 65. The Armed Forces of the Philippines shall maintain a military
education and training system that shall

a. Cater to the career development of military professionals and selected

members of the reserve;

b. Ensure access to mainstream technology advances, and;
Keep abreast with developments in warfare associated with the operating

environments peculiar to the major services.
SECTION 66, The Department of National Defense shall operate the National

Defense University that shall provide education for selected career military professionals,


career executives in the civil service, leaders of industry and selected scholars from the
private sector. The NDU shall maintain a strategic research and special studies institute.
Civil service regulations may be waived in matters pertaining to the faculty and research staff
of the NDU provided the rules and regulations therefor shall be prescribed by SND.
ARTICLE 19 - Resource Allocation

SECTION 67, The Congress of the Philippines shall, from time to time but sball be at
least once a year, require the executive branch to submit a forecast of defense and security
conditions and define the corresponding mobilization responses which shall constitute as a
prerequisite process to the deliberations on the General Appropriations Act.

SECTION 68. ‘The Congress shall ensure continuity of national defense and security

objectives through the enactment of multi-year appropriations,

SECTION 69. The Congress shall likewise ensure that fidelity to the development,

EC
modernization and upgrade programs of the major services is attained through the
classification of their type commands to key budget item status.
TITLE IV - FINAL PROVISIONS
ARTICLE 20 - Transitory Provisions
SECTION 70. The Secretary of National Defense shall initiate the legislative process
required for the categorization of all existing military camps and installations, defense
reservations and infrastructure as national parks. The limits and boundaries shall be as they
were originally intended in their respective legislation or proclamations, unless subsequent
legislation, amendments thereto, or proclamations have altered such limits and boundaries.
SECTION 71. The current Office of Civil Defense under the Department of National
Defense shall be transformed into the Civil Defense Authority, placed directly under the

Office of the President.

29


SECTION 72. The Secretary of National Defense shall, within two years after the
passage of this law, in conjunction with existing retirement laws, related executive issuances
and provisions herein, promulgate a ten-year program of promoting the transfer of reserve
officers in the active service and enlisted personnel, through optional retirement or other
incentives, to the cadre service of the ready reserve forces.

ARTICLE 21 - Separabifity and Repealing Clauses

SECTION 73. Separability Clause: If for any reason, any provision of this Act is
declared invalid or unconstitutional, the remaining provisions not affected thereby shall
continue to be in full force and effect.

SECTION 74. 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. Provisions of the
Administrative Code of 1987 inconsistent with this Act are hereby amended.

SECTION 75. Effectivity: This Act shall take effect after fifteen (15) days following
its complete publication in the Official Gazette or in any two (2) newspapers of general

circulation.

Approved