Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS

First Regular Session

ol

House Bill No.

Introduced by Hon, Rodolfo G. Biazon

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 t 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-McDuffie 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 1 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 the 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
McDuffie Act did come into effect and the Filipino nation became the independent
ines, 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 mul
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 multi-dimensional 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 Sect and the Peace and Order Council as
consultative entities from which the President could hamess popular consensus, defense and
security policies would ensure national commitment.

In

-w of the foregoing, passage of this bill is earnestly requested.

Representative
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS

First Regular Session

o1

House Bill No.

Introduced by Hon, Rodolfo G. Biazon

AN ACT
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. Short Title. — This act shall be known as the National Defense and
Security Act of 2013.

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 life, 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:


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
vil or military service. The government is obliged to encourage all citizens and
private sector organizations to prepare themselves during peacetime for national
in times of war or national emergencies through a system of incentives.

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.

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
Philippine territory that is located astride intemational lines of
communications.

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 calamities and
disasters.

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,


mean:

Sec. 4. Definition of Terms. ~The following terms, when applied to this Act, shall

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,

¢. 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.

©. 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 Disorders — certain destabilizing conditions to include insurrection,
rebellion, insurgency and other similar conditions which threaten the security of
the state.

h. Localized — 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.

|. Command ~ 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.

1, 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.

4. 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.

r. 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.

Sec 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;

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 -

il 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 all 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 1
ORGANIZATION FOR NATIONAL DEFENSE AND SECURITY
ARTICLE I - General Provisions
Sec. 6. Declaration of Policy. — It is hereby declared 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,

Sec. 7. Processes in the Evolution of National Defense and Security Policies. ~ 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 seeks technical, expertise
and other forms of relevant inputs to the formulation, execution and review of
policy.

¢. Review and Oversight — the process by which the implementation of policy is
monitored, deviations investigated and continuance determined.


ARTICLE II - National Defense and Security Policy Entities

Sec. 8. Consultative Entities. ~The following consultative entities are hereby created:

a. Peace and Order Councils: The existence of the following level

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, shall 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 Coun

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 representa
from the legislature and the ranks of the past Presidents and past Chief Just
the Supreme Court:

1. President as Chairman;

2. Vice-President;

3. Senate President;

4. Speaker of the House of Representatives;

5. Chairman, Senate Committee on Foreign Relations;
6. Chairman, House Committee on Foreign Relations;

7. Chairman, Senate Comi

‘ee 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 Safety:

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 intention to declare DEFCON 3, 4 or 5;

2. Communicating planning, programming and budget guidance for a
forthcoming budget call.

Sec. 9. Advisory Entities/Bodies; Functions. ~ The following entities shall perform
advisory functions:

a. cl 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
irection, 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.

4. 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 Economie 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; and


10. Department of Energy.
€. The NDSB shall perform the following functions:
. 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.

See. 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 II - National Command Authority

Sec. 11. The National Command Authority. ~ There shall be created the National
Command Authority (NCA). Its 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.

Sec. 12. Composition of the NCA. ~ The National Command Authority shall be
composed of the following:

a. The President of the Republic the Philippines as Chairman;

b. Secretary of National Defen:

¢. Secretary of the Interior and Local Government;
d. Secretary of Foreign Affairs;
e. Secretary of Justice;

f. Chief of Staff, AFP;


8. Chief, PNP;
h. National Security Adviser;
Director General, Civil Defense Authority;
ARTICLE III - The Strategic Defense Structure

See. 13. Definition and Nature of the Strategic Defense Structure. ~ 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

‘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:
Provided, further, That the SDS initiated by Congress shall have an effective life of not less
than four years.

See. 14. The Unified Commands. — The Unified Commands of the AFP shall serve as
command and control headquarters of the operational forces provided by the major servic
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.

See. 15. Area Commissioner. ~ 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 DEFCONs 3 and 4. His tenure of office
is coterminous with the stipulated period of emergency granted to the President by Congress.

is mission is to address the emergency in his area of responsibility in conformity with the
lance and policy directives from the President.

ARTICLE IV - Department of National Defense

Sec. 16. Organization. ~ The Department of National Defense, hereinafter referred to
as the 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.

Sec. 17. The Secretary of National Defense. ~The Secretary of National Defense,
hereinafter referred to as the 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 of the DND for submission to the
Department of Budget of Management; and

Supervise the budget programs of such departments and agencies under the DND.

Sec. 18. The Underseeretaries. ~ ‘There shall be three (3) Undersecretaries in the
DND. 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 V - Armed Forces of the Philippines

Sec. 19. The Armed Forces of the Philippines (AFP); Functions. ~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

f, Perform such other functions as may be provided by law or assigned by higher
authorities.

Sec. 20. Composition of the AFP. ‘The AFP shall be composed of a citizen armed
foree 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 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 citizen 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.

See. 21. Organizing Principles of the AFP. ~ The organizing principles of the AFP
shall be the following:

4. The Major Services through their respective commanders are responsible to the
Commander-in-Chief through the Chief 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-Chiet
through the Chief of Staff, AFP and the National Command Authority for the
deployment, direction and control of forces.

b. Itshall conform to Section 5 of Article II and Sections 20 and 21 of Article VIL 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.

Sec. 22. Organization of the AFP. ~The Armed Forces of the Philippines shall 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.


c. Major Services - maintain and provide forces peculiar to operating
environments:

(1) Philippine Army;
(2) Philippine Air Force; and
(3) Philippine Navy.
ARTICLE VI - General Headquarters, Armed Forces of the Philippines
See. 23. The General Headquarters. ~ 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

tary 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;

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

4d. Perform such other functions as the Pres
may prescribe

ident or the Secretary of National Defense

Sec 24. The AFP Leadership. - The AFP leadership shall be composed of the
following

a. Chief of Staff, AFP. The Chief of Staff, AFP, shall have the rank of
General/Admiral and serve as the principal adviser to the Commander-i
and head of the General Headquarters. He 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 emergencies declared by Congress, the President
may extend such tour of duty.

b. Vice Chief of Staff. The Vice Chief of Staff shall have the rank of Lieutenant
General/Vice Admiral and serve as the principal assistant of the Chief of Staff,
AEP.

©. Deputy Chief of Staff: The Deputy Chief of Staff, shall have a rank of Lieutenant
General/Vice Admiral and serve as the supervisor and coordinator of the Joint,
Special, and Technical Staff.
ARTICLE VII - Philippine Army

Sec. 25. Composition of the Philippine Army. ~ The Philippine Army shall be
composed of its headquarters, land combat and service support units and such other units as

R


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 shall be headed
by the Commanding General, Philippine Army (CGPA), who shall hold the rank of
Lieutenant General.

Sec. 26. Functions of the Philippine Army. ~The Philippine Army shall:

4. 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;

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

4. 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;
and

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

ARTICLE VIL - Philippine Air Force

See. 27. Composition of the Philippine Air Force. ~ 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 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,

Sec 28. Functions of the Philippine Air Force. ~ The Philippine Air Force shall:

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

b. Provide for air defense;

© Organize, train, and equip air forces for airlift, airborne, and tactical air operations
unilaterally or jointly with ground and/or naval forces;

B


int 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
dividual aviation skills in the private sector and the prompt conversion of the
aviation industry into peculiar air warfare formations during mobilization;

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

Organize, train, equip, ad
force reserve component.

ter, regularly test-mobilize, and test-deploy the air

ARTICLE IX - Philippine Navy

Sec. 29. Composition of the Philippine Navy. — 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 prosecution of

war, except as otherwise assigned; and,

n 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

Sec. 30. Functions of the Philippine Navy. ~ The Philippine Navy shall

a.

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

Provide for naval defense;

Secure the country’s internal and territorial waters and its interest in the exclusive
economic zone;

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

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


Sec. 31. The Philippine Marine Corps. ~ 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;

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

d. Participate in national socio-economic development and assist in times of
calamities and disasters; and

. Perform such other duties as may be directed by higher authorities.
ARTICLE X - Reserve Forces

See. 32. Organization, Development Maintenance and Direction of Reserve Forces. ~
‘The organization, development, maintenance and direction of Reserve Forces shall as much
as practicable adhere to the following principles:

a. Shall be as capable as the Base Forces;
b. Conform to the organization and training of the Base Forces;

c. Be established through the same tables of organization and distribution as the
Base Forces;

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

Sec. 33. Development, Maintenance, Employment and Deployment of Reserve Forces.
~ The development, maintenance, employment and deployment of Reserve Forces shall
consist of the following process:

a, Manpower Development Phase. The Major Services through their respective
Reserve Commands shall maintain a manpower development program for the
production of the different 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.

1s


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.

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

Sec. 34. Career Development Program for Reservists, ~ The DND shall provide a
continuing career development program to attract dedicated reservists for service in the
reserve cadres.

ARTICLE XI - Admii

istration and Management of the AFP

Sec. 35. Administration of the AFP. — The administration of the Armed Forces of the
Philippines shall be the responsibility of the Secretary of National Defense.

Sec. 36. Personnel 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;

¢. Promotion of members of the Armed Forces shall be based on merit, efficiency
and competence. It shall be governed by the principles of justice, equality,
faimess, and professionalism;

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


fe. 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.

TITLE
‘TERNAL SECURITY

ARTICLE XII - Pol

ies on Internal Security Operations

Sec 37. Declaration of Policy. — It is hereby declared the policy of the State that
constitutional guarantees on civil liberties shall be upheld during the conduct of internal
security operations unless suspended through processes prescribed by the Constitution.

See. 38. Role of the Secretary of the Interior and Local Government. ~ The Secretary
of the Interior and Local Government, hereinafter referred to as the SILG, 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.

Sec. 39. Responsibility for the Conduct of Internal Security Operations. —
Responsibility for the conduct of internal security operations shall be linked with the
hierarchy of defense conditions prescribed in Section 10, Article IIL 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.

Sec. 40. Conversion of Law Enforcement Agencies Into Ready Reserve Forces. ~ All
law enforcement agencies shall 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. 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.

Ready Reserve Forces may be deployed for internal security operations under the
operational direction of the Armed Forces of the Philippines.

v7


ARTICLE XIII - Law Enforcement Agencies

Sec. 41. Organization of Law Enforcement Agencies. — 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 area organizations of the Civil Defense Authority in
order to ensure interoperability of forces during mobilization for war and national
emergencies.

They 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 U1
SUPPORT FOR NATIONAL DEFENSE AND SECURITY

ARTICLE XIV - Foreign Policy Support

Sec. 42. Declaration of Policy. ~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,

Sec 43. Role 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. He
shall optimize the effectiveness of the Department of Foreign 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.
The SFA shall likewise 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. It shall also be the responsibility of the SFA to monitor external
dimensions of domestic defense and security situations and take appropriate measures abroad
in consultation with the SND and SILG.

ARTICLE XY ~ The Office of Civil Defense

Sec. 44. The Office of Civil Defense. ~ 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 by providing leadership in the 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.

See 45. Powers and Functions of the OCD, - The OCD shall have the following
powers and functions:

(a) Advise the National Council on matters relating to disaster risk reduction and
management consistent with the policies and scope as defined in this Act;

(b) Formulate anc iplement the NDRRMP and ensure that the physical framework,
social, economic and environmental plans of communities, cities, municipalities

18


and provinces are consistent with such plan. The National Council shall approve
the NDRRMP;

(©) Identify, assess and_ pri
stakeholders;

itize hazards and risks in consultation with key

(@) Develop and ensure the implementation of national standards in carrying out
disaster risk reduction programs including preparedness, mitigation, prevention,
response and rehabilitation works, from data collection and analysis, planning,
implementation, monitoring and evaluation;

(©) Review and evaluate the Local Disaster risk Reduction and Management Plans
(LDRRMPS) to facilitate the integration of disaster risk reduction measures into
the local Comprehensive Development Plan (CDP) and Comprehensive Land-Use
Plan (CLUP);

(®) Ensure that the LGUs, through the Local Disaster Risk Reduction and
Management Offices (LDRRMOs) are properly informed and adhere to the
national standards and programs;

(g) Formulate standard operating procedures for the deployment of rapid assessment
teams, information sharing among different government agencies, and
coordination before and after disasters at all levels;

(h) Establish standard operating procedures on the communication system among
provincial, city, municipal, and barangay disaster risk reduction and management
councils, for purposes of warning and alerting them and for gathering information
on disaster areas before, during and after disasters;

(i) Establish Disaster Risk Reduction and Management Training Institutes in such
suitable location as may be deemed appropriate to train public and private
individuals, both local and national, in such subject as disaster risk reduction and
management among others. The Institute shall consolidate and prepare training
materials and publications of disaster risk reduction and management books and
manuals to assist disaster risk reduction and management workers in the planning
and implementation of this program and projects. The Institute shall conduct
research programs to upgrade know ledge and skills and document best practices
on disaster risk reduction and management. The Institute is also mandated to
conduct periodic awareness and education programs to accommodate new elective
officials and members of the LDRRMCs;

(@ Ensure that all disaster risk reduction programs, projects and activities requiring
regional and international support shall be in accordance with duly established
national policies and aligned with international agreements;

(k) Ensure that government agencies and LGUs give top priority and take adequate
and appropriate measures in disaster risk reduction and management;

19


() Create an enabling environment for substantial and sustainable participation of
CSOs, private groups, volunteers and communities, and recognize their
contributions in the government's disaster risk reduction efforts;

(m)Conduct early recovery and post-disaster needs assessment institutionalizing
gender analysis as part of it;

(n) Establish an operating facility to be known as the National Disaster Risk
Reduction and Management Operations Center (NDRRMOC) that shall be
operated and staffed on a twenty-four (24) hour basis;

(0) Prepare the criteria and procedure for the enlistment of accredited community
disaster volunteers (ACDVs). It shall include a manual of operations for the
volunteers which shall be developed by the OCD in consultation with various
stakeholders;

(P) Provide advice and technical assistance and assist in mobilizing necessary
Tesources to increase the overall capacity of LGUs, specifically the low income
and in high-risk areas;

(q) Create the necessary offices to perform its mandate as provided under this Act;
and

(®) Perform such other functions as may be necessary for effective operations and
implementation of this Act.

ARTICLE XVI - Defense Real Estate

Sec. 46. Defense Real Estate. - These refer to portions of the public domain set aside
and developed for the purpose of enhancing the defense posture of the country. ‘They shall be
classified as national parks.

‘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. 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 XVII - Industrial Mobilization and Convertil

lity

See 47. Industrial Mobilization, — 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
ilities, 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,

Sec. 48. Industrial Convertibility. — Industrial Convertibility refers to a set of actions
undertaken by the government to ensure that the development of industries and their

20


concomitant infrastructure shall consider their potential defense utilization and are
preplanned for conversion to wartime application.

Sec. 49. 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 deems 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.

Sec. 50. Public Utilities and Other Private Enterprises at the Disposal of the State. ~
During the appropriate DEFCON 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.

Sec. 51. 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. The
Secretaries of National Defense and Security and Budget and Management shall jointly
promulgate such rules and regulations that shall govern the provisions of this Article.

ARTICLE XVIII - Defense Education

Sec. 52. Defense Education. ~ 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.

‘The Department of National Defense may 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.

Sec. 53. The Philippine Military Academy. ~ 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.

Sec. 54. Characteristics of Military Education and Training. — The Armed Forces of
the Philippines shall maintain a military education and training system that shall:

a


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,

Sec. 55. The National Defense University. The Department of National Defense shall
operate the National Defense University which 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

See. 56. Submission of Defense and Security Conditions and Corresponding
Mobilization Requirements. — The Congress of the Philippines shall, at least once a year,
Tequire 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.

Sec. 57. Continuing Appropriations for National Defense and Security Objectives
and Programs. — Congress shall ensure the accomplishment of national defense and security
objectives through the enactment of multi-year appropriations. It shall likewise ensure that
fidelity to the development, modemization 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 XX - Transitory Provisions

See. 58.. Categorization of Military Camps Into National Parks. ~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
Iegislation or proclamations, unless subsequent legislation, amendments thereto, or
proclamations have altered such limits and boundaries.

See. 59. Transfer of Reserve Officers in the Active Service to the Cadre Service of the
Ready Reserve Force. ~ 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.

2


ARTICLE XXI - Separability and Repealing Clauses

Sec. 60. 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.

See. 61. 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.

Sec. 62. Effectivity. ~ This Act shall take effect after fifteen (15) days follo
complete publication in the Official Gazette or in any two (2) newspapers of general
circulation,

Approved,

2B