Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4708

HOUSE BILL NO.

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

To date, the National Defense Act of 1935 is still the primary legislation that governs matters of
defense and security for the country. The said Act was enacted more than 80 years ago based
upon the 1935 Constitution which has long been replaced by the 1987 Constitution. A constitution
which is arguably different from its predecessor.

Long after the National Defense Act of 1935 was enacted, numerous issuances and department
orders have been enforced to allow for the reorganization of the Armed Forces of the Philippines.
Laws have also been enacted to alter and update personnel administration within the Armed
Forces of the Philippines.

In this regard, this proposed measure adopts the framework of the 1987 Constituiton as regards
the national defense and security of the country, redirecting links of different acts pertaining to
the subject matter from the 1935 Constitution to the 1987 Constitution. This measure shall update
policies, principles and concepts relating to national defense and security; and institutionalize
necessary improvements in order to strengthen the country’s national defense.

This proposed measure is based upon House Bill No. 1225 filed by Representative Rufino Biazon
during the 17" Congress.

On behalf of the people of Parafiaque City's Second District, and for the common good of the
Filipino people, the approval of the said measure is earnestly sought.

pene yy MYRA S. TAMBUNTIN!
2nd District, Parafiaque Ci


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4708

Introduced by HON. JOY MYRA S. TAMBUNTING

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
2019.

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 _, 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:

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.


©) Organization for National Defense and Security: The organization for national defense and

security and its operation shall:

1) Optimize the societal and political prncesses 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 rneans;

3) Consider as a policy-planning imperative the archipelagic nature of Philippine
territory that is located astride international 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.

f) Industrial Mobilization and Convertibilty: 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.

g) 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.

d)

Sec. 4. Definition offerms. — The following terms, when applied to this Act, shall mean:

) 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 ten-itorial incegrity, the well-being of its people and

institutions, are preserved, protected and enhanced.

Exclusive Economic Zone (BEZ) - the area which extends to a distance of 200 nautical

miles beyond and f om the baselines from which the territorial sea is measured; except

that when the outer limits of the zone as thus determined overlap the EZ of an adjacent
or neighboring state, the common boundaries shall be detemlined by agreement of the
parties in accordance with the generally recognized principles of international law.

State of Emergency - an unforeseen combination of circumstances which vests the Chief

Executive extraordinary powers within the constitutional frarnework to address the

situation.

e) 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.

f) Challenge - an act manifesting non-recognition or disregard of Philippine rights to
Exclusive Economic Zones as provided by international law, treaties and agreements.

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

0

d)


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.

3) 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.

1) Command - the absolute capability endowed by law to acr 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.

Type Command - a subordinate command of a major service that is charged with the

mission of developing, training, maintaining and providing operating forces char 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.

) 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 famework 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.

n)

D

Sec 5. Defense Condirions 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; abseoce of
threats, internal or external;
2) Defense Condition Two - State of localized calamity or disaster; stare 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 internal disorder; sovereignty and territorial imegrity 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 rhe 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 rhe Republic of rhe Philippines in his
capacity .as Commander-in-Chief of all anned 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 rhe 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 T
ORGANIZATION FOR NATIONAL DEFENSE AND SECURITY
ARTICLE I - General Provisions

Sec. 6. Declaration of Policy. — It is hereby declared !he policy of the Stace to ensure that the
mechanism for the coordination of departments and agencies in addressing the complexity of
national defonse 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 he unde,taken during the formulation of
policy and in determining the continuance or modification of existing policies.

b) Advisement - the process by which th.e Chief Executive seeks technical, experrise 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 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 Execucive, taking into consideration time faccors and the extent of broad base
consultation needed on a certain issue, shall consult che appropriace 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 characcer 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;

5) 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 Safety;
11) Past Presidents of the Phill ppines;

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, programrning and budget guidance for a forthcoming
budget call.

Sec. 9. Advisory Entities/Bodies; Functions. — 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.

National Intelligence Agency (NIA): The NIA is the central authority on national
intelligence. As such, it shall conduct, direct, coordinate and integrate governmem
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
integcation of government activities involving the economy and the preparation of
estimates and forecasts of the nation's capacity co support and/or finance national
defense and security objectives on the short, medium and long-term bases.

b)

Q)


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) Depmiment of Trade and Industry;

5) Department of Public Works and Highways;

6) Department of Environinental 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:

1) Advise the President on matters involving the deciaration 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 no! limited to,
exphoitation or utilization of naiura.1 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 Imdget of the National Defense Systems Board shall be
provided for in an executive issuance by the President.

Sec. 10. Review and Oversight. - Congress shall be the principal entity 10 conduct periodic
review and oversight initiatives over existing national detense and security policy established by
Jaw.

ARTICLE II -.National-Command Authority

Sec. 11. The National Command Authorily. - 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 1he NCA. - The National Command Aurhority shall be composed of
the following:

a) The President of the Republic the Philippines as Chairman;
b) Secretaiy ofNational Defense;


©) Secretary of the Incerior and Local Government;
d) Secretary of Foreign Affairs;

e) Secretary of Justice;

f) Chief of Staff, AFP;

Q) Chief, PNP;

h) National Security Adviser;

i) Director General, Civil Defense Aurhoriry;

ARTICLE III - The Strategic Defense Structure

Sec. 13. Definition and Nature o 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 SOS shall likewise consider the operating environment peculiar to che major
services of the AFP and set the jurisdictions of Armed Forces of the Philippines unified-conrnrands
and their cquivalenc 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 cotmiry for joint approval of Congress: Provided, That if no such structure
is proposed, the exiting defense strucrure shall remain effective for the rest of his administration
miless Conbri'ess 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.

Sec. 14. The Unified Commands. - The Unified Commands of the AFP shail 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 for as
practicable recognize the applicability of certain warfare functions on the geographic peculiarities
and the prevailing threat conditions.

Sec. 15. Area Commissioner. - An Area Commissioner shall be appointed by the President, in
his capacity as the Commander-in-Chief, when an area-wide slate 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. His mission is to address
the emergency in his area of responsibility io conformity wirh the guidance and policy directives
from the President.

ARTICLE IV - Department of National Defense

Sec. 16. Organizaiion. - The Department of National Defense, hereinafter referred to as the
ND, shall be composed of the Secretary, the Undersecretaries and Assistant Secreraries 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;

e) Formulate arnd determine the budget estimates of the DND for submission to the
Department of Budget ofManagement; and

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

Sec. 18. The Undersecretaries. - There shall be three (3) Undersecretaries in the DND. The
Undersecreraries 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;

©) 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;

e) Subject to the provisions of this act, prepare all anned forces for the effective prosecution
of war and defend the territory of.the Philippines against all enemies, foreigin 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 force which
shall undergo military training and service as provided by law. It shall he 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 milirnry 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-
rnobilized and test-deployed annually during peacetime for the purpose of employment
with the Dase Force in times of war or national emergencies. All able-bodied citizens shall
undergo military training after which they shall become reservists wich appropriate ranks.

©) Acivilan component maintained through a plantilla approved by the proper authorities.

Sec. 21. Organizing Principles of the AFP. - The organizing principles of the AFP shall be the
following:

a) The Major Services through their respective cotnman.ders are responsible to the
‘Commander-in-Chief through the Chief of Staff, APP and the Secretary of National Defense
for the development, administration and main\enance or 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.
It shall conform to Section 5 of Article II and Sections 20 aud 21 of Article VII 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.

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.

b)

9

d

‘Sec. 22. Organization of the AFP. - The Armed Forces of tile Philippines shall be organized as
follows:

a) General Headquarters - the Headquarters of the Commander-in-Chief fom where
administrative and operational matters are planned, executed and supervised. It shall be
located as close as practicable to the polilical seat of government.

b) Unified Commands - deploy, direct and control the operating forces.

©) Major Services - maintain and provide forces peculiar to operating environments:

1) Philippioe Army;
2) Philippine Air Force; and
3) Philippine Navy.

ARTICLE VI - General Headquarters, Armed Forces of the Philippines

Sec. 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 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;

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

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


‘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-in-Chief 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, AFP.

©) 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 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:

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;

©) 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: and

Organize, train, equip, administer, regularly test-mobilize, and test-deploy the army

reserve component.

e)

ARTICLE VIII - Philippine Air Force

Sec. 27. Composition ofrhe 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 shal! be responsible for the preparation of air forces
necessary for the eftective 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;

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;

Formulate and develop doctrines, concepts, systems, procedures, strategies, tactics and

techniques for operations peculiar to the Air Force; and

f) Organize, train, equip, administer, regularly test-mobilize, and test-deploy the air force
reserve component.

d

e)

ARTICLE IX - Philippine Navy

Sec. 29. Composition o 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 othenYise
assigned; and, in accordance with the inregrated 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;

b) 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;

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

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

2)


‘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;

) 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.

9

2)

ARTICLE X -Reserve Forces

Sec. 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;
°) eo established through the same tables of organization and distribution as the Base

d) See 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. 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 (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 - Administration 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 ofNational Defense.

Sec. 36. Personnel Policies. - Personnel policies and administration shall be in accordance with
the following principles:

2) 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;

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, fairness, and
professionalism;

Members of the Amied Forces shall receive pay, allowances and other benefits that shall
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 parry;

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

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
srnicture shall be incorporated into the Ready Reserve formations.

b)

¢)

e)

9)

TITLE It
INTERNAL SECURITY

ARTICLE XII -Policies 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.

‘Sec. 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. Responsibilily 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 III 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 securiry operations.

Sec. 40. Conversion of Law Enforcement Agencies Imo Ready Reserve Forces. - All aw
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 taw 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.

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 111
‘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 XV - 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 arid manage the consequences of disasters.

Sec 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 and implement the NDRRMP and ensure that the physical framework, social,
economic and environmental plans of cornmunities, cities, municipalities and provinces
are consistent with such plan. The National Council shall approve the NDRRMP;

©) Identify, assess and prioritize hazards and risks in consultation with key stakeholders;

d) 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);

f) 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;

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;

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

e)

9

h)


management workers in the planning and implementation of this program and projects.

The Institute shall conduct research programs to upgrade knowledge 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;

Ensure that government agencies and LGUs give top priority and take adequate and

appropriate measures in disaster risk reduction and management;

!) 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;

©) 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 resources 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

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

B)

k)

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 utilizaition 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 Convertibility
Sec 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 facilities, and
transport services essential for national defense and security it 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 concomitani
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 shail 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 aftected 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 fucility,
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 Educarion. - The Department of National Defonse 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 oftheir 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 Militwy Academy. - The Armed Forces of the Philippines shall operate
the Philippine Military Academy that shall provide the formative education for cadets chosen 10
become career military oflicers.

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) 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 fom
the private sector. The NU 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

Sec. 56. Submission of Defense and Security Conditions ond Corresponding
Mobilization Requirements. - The Congress of the Philippines shall, 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.

‘Sec. 57. Continuing Appropriations for National Defense and Security Oh;ec/ives 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, 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 XX - Transitory Provisions

‘Sec. 58. Categorizalion Military Camps Into National Parks. - The Secretary of National
Defense shall initiate the legislative process required for rhe categorization of alll 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.

Sec. 59. Transfer of Reserve Officers in the Aclive 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.


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.

Sec. 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 following its complete
publication in the Official Gazette or in any two (2) newspapers of general circulation,

Approved,