THJRTEENTH CONGRESS OF THE REPUBLIC 
) 
First Regular Session 
) 
OF THE PHILIPPINES 
) 
,!E!_ -2 kl; 5 I 
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 1 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 forc,es to defend their colony, the Philippine Islands, with the United States 
Armed Forces providing a strategic umbrella over the whole American theater of 
operations. These developments were not lost to the Filipino leaders of that era. 
Immediately after the passing of the Tydings-McDuffie Act, which provided for the 
establishment of a commonwealth government in transition for the eventual grantiqg of 
Philippine independence, then Senate President Manuel L Quezon proceeded 6 the 
United States to discuss the defense of the country. By mutual agreement between 
US. 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 
! 
. 
-Tydings-McDuffie Act did come into effect and the Filipino nation became the 
independent Republic of the Philippines. The scope of the National Defense Act of 
1935, therefore, became inadequate the moment we became a sovereign nation and 
became increasingly so as we continued to mature. 
;$ !4’ 
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'6 
National security, as students of policy preach, is a complex and multi- 
dimensional matter. 
It must be based on the national principles embodied in the 
Constitution. The National Defense Act of 1935 was based on the 1935 Constitution. A 
national security act must integrate the roles of the economic, social, cultural and 
political dimensions into the comprehensive effort of defense. The national principles 
governing these dimensions as prescribed by the 1987 Constitution differ significantly 
from those in the 1935 Constitution. 
In laying down the national principles, the framers of the 1935 Constitution did 
not have to consider the experiences of a domestically gestated authoritarian rule, bear 
witness to the upheavals of ideological strife, share the euphoria of a people power 
revolution, and wonder at the novelty of people empowerment. The 1935 Constitution 
was a product of the experiences of a people who had just broken out of four centuries 
of colonial rule. The 1987 Constitution is a reflection of the aspirations of a nation that 
is still experiencing growing up pains and has only itself to rely upon. 
After July 4, 1946, the first effort to shape the defense policy in keeping with the times 
was the issuance by President Manuel Roxas on October 4, 1947 of Executive Order 
No. 94, which saw the conversion of the Army of the Philippines to the Armed Forces of 
the Philippines. The enactment of RA No. 422 during the presidency of Elpidio Quirino, 
which authorized the president to reorganize the executive branch of government, 
opened the floodgates for changes in defense policies by executive issuances or even 
department orders. Executive Order No. 389, on recommendation of Secretary Ramon 
Magsaysay, reorganized the Armed Forces of the Philippines into four major services. 
Defense policies that were formulated by Congress consisted mostly of personnel 
administration of the Armed Forces of the Philippines. Unfortunately, this disjointed 
pattern of policy formulation has become the norm. 
The proposed National Defense and Security Act of 2004 (NDSA 2004) 
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 2004 is founded on seven basic security and defense policies from 
where the principles, processes, structures and critical details cascade into four titles, 
25 articles and 81 sections covering a comprehensive layout of those interdependent 
facets of national life that impinge on national defense and security policy. 
The proposed law provides the mechanism for the coordination of departments 
and agencies in addressing the multi-dimensional facet of national defense and 
security. The Cluster E of the Cabinet will be transformed into the National Command 
Authority which would have added powers than just an interim entity. 
Also, it seeks to achieve common understanding of defense and security issues 
by providing the facility for consensus building and consultation processes, an Asian 
innate value. 
By making the National Security Council and the Peace and Order 
Council as consultative entities from which the President could harness popular 
consensus, defense and security policies would ensure national commitment. 
In view of the foregoing, passage of this bill is earnest1 requested. 
A 
RODOLFO E. BIAZON 
Senator 
2 


j 
THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
'84 .#Jl. 
-2 
n 8 5 1  
OF THE PHILIPPINES 
1 
First Regular Session 
) 
S E N A T E  
S. No. 
1293 
AN ACT 
PROVIDING FOR THE NATIONAL DEFENSE AND SECURITY OF THE REPUBLIC 
OF THE PHILIPPINES, AND FOR OTHER PURPOSES 
Be if enacted by the Senate and the House of Representatives in Congress 
assembled: 
TITLE I - NATIONAL DEFENSE AND SECURITY 
PRELIMINARY ARTICLE -Title of the Act 
SECTION 1, This act shall be known as the National Defense and Security Act of 
2004. 
ARTICLE 1 - Definition of Terms 
SECTION 2. The following terms, when applied to this Act, shall mean: 
a. National Defense: the mechanism of state to marshal a nation's forces and 
resources for the purpose of protecting national interests and responding to threats 
thereto. 
b. National Security: the state or condition wherein the national interests of the 
Republic of the Philippines, its sovereignty and territorial integrity, the well being of its 
people and institutions, are preserved, protected and enhanced. 
c. Exclusive Economic Zone (EEZ): the area which extends to a distance of 200 
nautical miles beyond and from the baselines from which the territorial sea is measured; 
except that when the outer limits of the zone as thus determined overlap the EEZ of an 
adjacent or neighboring state, the common boundaries shall be determined by 
agreement of the parties in accordance with the generally recognized principles of 
international law. 
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d. State of EmerQency: an unforeseen combination of circumstances which vests 
the chief executive extraordinary powers within the constitutional framework to address 
the situation. 
e. m: 
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. 
Internal Disorders: certain destabilizing conditions to include insurrection, 
rebellion, insurgency and other similar conditions which threaten the security of the 
state. 
g. 
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 Securitv 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. 
I. 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. 
4 


n. Tvpe 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. 
0. Forces: formations of manpower, materiel and combat systems capable of 
counteracting threats. 
p. Reserves: those armed forces composed of citizens called to military service. 
q. Cadre: the nucleus of commissioned and non-commissioned officers as 
defined by law possessing the technical competence needed to organize, train, equip 
and direct reserve forces; the core framework of reserve forces. 
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. 
ARTICLE 2 - National Defense and Security Policies 
SECTION 3. Obligation: The obligation to preserve the state is symbiotic 
between the government and 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 the utilization of 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. 
SECTION 4. 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. 
SECTION 5. Organization for National Defense and Security: The organization 
for national defense and security and its operation shall: 
a. 
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; 
b. 
Adapt as closely as possible to the configuration of Philippine territory and 
5 


exclusive economic zones as defined by international law, conventions and other 
agreements, and mitigate its disadvantageous effects by securing it through proactive 
means; 
c. 
Consider as a policy-planning imperative the archipelagic nature of 
Philippine territory that is located astride international lines of communications. 
d. 
Adopt legislation as the source of authority for national defense and 
security policy formulation instead of reliance on executive fiat. 
SECTION 6. 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. 
SECTION 7. 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. 
SECTION 8. 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. 
SECTION 9. Defense Education: Internalization of the individual citizen’s 
obligation to protect the state shall be made part of the formative and continuing 
education of all citizens. 
ARTICLE 3 -Authority 
SECTION 10. 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 constitute the following hierarchy: 
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a. 
Defense Condition One - Natural calamity or disaster impending; absence 
of threats, internal or external; 
b. 
Defense Condition Two - State of localized calamity or disaster; state of 
localized internal disorder; right to exclusive economic zone challenged; 
c. 
Defense Condition Three - State of region-wide calamity or disaster; state 
of region-wide internal disorder; right to exclusive economic zone is threatened; 
d. 
Defense Condition Four - State of nation-wide calamity or disaster; state 
of nation-wide internal disorder; sovereignty and territorial integrity threatened; 
e. 
f. 
SECTION 11. The following persons and entities are hereby designated to act in 
Defense Condition Five - Civil war prevailing; war is imminent; 
Defense Condition Six - Existence of a state of war. 
behalf of the state in accordance with the hierarchy of defense conditions set herein: 
a. 
b. 
Defense Condition One - Director General, Civil Defense Authority. 
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. 
c. 
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). 
d. 
Defense Condition Four - The President of the Republic of the Philippines 
alone in his capacity as Commander-in-Chief of all armed forces. 
e. 
Defense Condition Five - The President of the Republic of the Philippines 
in consultation with the national security entities designated herein. 
f. 
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 II - ORGANIZATION FOR NATIONAL DEFENSE AND SECURITY 
ARTICLE 4 - National Defense and Security Policy Process 


SECTION 12. The evolution of national defense and security policies shall 
undergo processes as prescribed herein: 
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. 
a. 
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. 
c. 
Review and Oversiaht: The process by which the implementation of policy 
is monitored, deviations investigated and continuance determined. 
ARTICLE 5 - National Defense and Security Policy Entities 
SECTION 13. The consultative and advisory entities are hereby created: 
a. Peace and Order Councils: The existence of the following levels of Peace 
and Order Council (POC) shall be institutionalized as consultative entities: 
1. National Peace and Order Council 
2. Regional Peace and Order Council 
3. Provincial Peace and Order Council 
4. City or Municipal Peace and Order Council 
The Chief Executive, taking into consideration time factors and the extent of 
broad base consultation needed on a certain issue, 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 Council: The National Security Council (NSC) is a 
consultative entity from where the President generates broad spectrum of political 
support for potentially contentious decisions. The broad spectrum political character of 
the National Security Council shall be composed of the following representatives from 
the legislature and the ranks of the past Presidents and past Chief Justices of the 
Supreme Court: 
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1. 
2. 
3. 
4. 
5. 
6. 
7. 
a. 
9. 
I O .  
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18 
19. 
President as Chairman 
Vice-president 
Senate President 
Speaker of the House of Representatives 
Senate President Pro-Tempore 
Speaker Pro-Tempore 
Majority Floor Leader of the Senate 
Majority Floor Leader of the House 
Minority Floor Leader of the Senate 
Minority Floor Leader of the House 
Chairman, Senate Committeeion Foreign Relations 
Chairman, House Committee on Foreign Relations 
Chairman, Senate Committee on National Defense and Security 
Chairman, House Committee on National Defense 
Chairman, Senate Committee on Public Order 
Chairman, House Committee on Public Order and Security 
Past Presidents of the Philippines 
Former Chief Justices, Supreme Court 
National Security Adviser and Head of the Secretariat 
The Chief Executive is required to convene the National Security Council for the 
purpose of the following: 
1, 
2. 
Communicating planning, programming and budget guidance for a 
Communicating intention to declare DEFCON 3, 4 or 5; 
forthcoming budget call. 
a. 
National Security Adviser: The National Security Adviser is the principal 
advisor of the President on national security matters. He shall also be the concurrent 
Director General of the National Security Council and head of its Secretariat. 
b. 
National Intelligence Aaencv (NIA): The NIA is the central authority on 
national intelligence. 
As such, it shall conduct, direct, coordinate and integrate 
9 


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. 
SECTION 14. 
National Economic and Development Authoritv [NEDA): In 
addition to the foregoing advisory entities, the existing NEDA shall likewise serve as an 
advisory entity. It shall be the focal point for the direction, coordination and integration of 
government activities involving the economy and the preparation of estimates and 
forecasts of the nation's capacity to support and/or finance national defense and 
security objectives on the short, medium and long-term bases. 
SECTION 15. As an additional advisory entity, there shall be created a National 
Defense Svstems Board (NDSB) which shall perform the following functions: 
a. 
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. 
b. 
Advise the President on matters involving the national defense and 
security convertibility or dual-use provisions for industrial and infrastructure 
development. 
c. 
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. 
d. 
Recommend to the President such initiatives that relate to defense 
systems. 
e. 
Advise the President on other national defense and security matters on 
which the Board may feel competent to do so. 
The National Defense Systems Board shall be chaired by the Secretary of 
National Defense and composed of the Secretaries of the following departments: 
1. 
2. 
3. 
National Economic and Development Authority 
Department of Budget and Management 
Department of Trade and Industry 
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4. 
5. 
6. 
7. 
Department of Health 
8. 
9. 
Department of Energy 
The organization, staffing and budget of the National Defense Systems Board 
Department of Public Works and Highways 
Department of Environmental and Natural Resources 
Department of Transportation and Communications 
National Security Adviser and Head, Secretariat, National Security Council 
shall be provided for in an executive issuance by the President. 
SECTION 16. Policy Formulatinq Entities: 
a. 
Conqress: As the legislature, Congress by the powers vested upon it by 
the Constiution and through its own set of processes, enacts laws which prescribe 
national defense and security policy. 
b. 
Office of the President: As the Chief Executive and Commander-in-Chief 
of all armed forces, the President initiates policy processes in accordance with the 
provisions set herein. 
SECTION 17. 
Review and Oversight: By virtue of its powers under the 
Constitution, Congress shall be the pridcipal entity to conduct periodic review and 
oversight initiatives over existing national defense and security policies. 
ARTICLE 6 - National Command Authority 
SECTION 18. 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, staffing and budget shall be provided for 
in an executive issuance by the President. 
SECTION 19. The National Command Authority shall be composed of the 
following: 
a. 
Chairman, which shall be the President of the Republic the Philippines. 
11 


b. 
Members, which shall be the following: 
1. 
Secretary of National Defense 
2. 
3. 
Secretary ofiForeign Affairs 
4. 
Secretary of Justice 
5. 
Chief of Staff, AFP 
6. 
Chief, PNP 
Secretary of the Interior and Local Government 
7. 
National Sedurity Adviser 
8. 
Director Gederal, Civil Defense Authority 
ARTICLE 7 
~ - The Strategic Defense Structure 
SECTION 20. Pursuant to the policies stated in Section 5 of Article 2, the 
President shall, within the firs': 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 I unless Congress initiates amendments thereto or 
replacements thereof; and provided further that the SDS initiated by Congress shall 
have an effective life of not less 'han four years. 
f 
SECTION 21. The Stratedic Defense Structure (SDS) shall prescribe the wartime 
table of organization and equipient, the troop ceiling or percentage of peacetime fill-up 
and the table of distribution of rhnks within the prescribed troop ceiling. The SDS shall 
likewise consider the operating environment peouliar 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. 
, 
~ 
I 
1 
l 
SECTION 22. The Unified Commands of the AFP shall serve as command and 
control headquarters of the operational forces provided by the major services and as 
directors of joint and combined operations. The organization of the Unified Commands 
shall as far as practicable recognize the applicability of certain warfare functions on the 
geographic peculiarities and the prevailing threat conditions. 
12 


SECTION 23. 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. His mission is to address the emergency in his area of responsibility in 
conformity with the guidance and policy directives from the President. 
ARTICLE 8 - Department of National Defense 
SECTION 24. Organization: The Department of National Defense (hereinafter 
referred to as DND) shall be composed of the Secretary, the Undersecretaries and 
Assistant Secretaries and their immediate staff as determined by them respectively and 
such other bodies as provided by law. 
SECTION 25. The Secretary of National Defense (hereinafter referred to as 
SND) is the head of the Department of National Defense. The SND is the principal 
advisor to the President on national defense matters. The SND shall optimize the 
effectiveness of the DND in guarding against external and internal threats to national 
defense and security; in assisting social and economic development, and in performing 
such other functions as may be provided by law. The SND shall perform the following 
duties: 
a. Establish general policies and programs for the national defense 
establishment and for all of the agencies therein; 
b. Exercise general direction, authority and control over such agencies. 
c. Take appropriate steps to eliminate unnecessary duplication or overlapping in 
the fields of procurement, supply, transportation, storage, health and research; 
d. Supervise and coordinate the preparation of the budget estimates of the 
departments and agencies comprising the national defense establishment; formulate 
and determine the budget estimates for submittal to the Department of Budget of 
Management; and ,supervise the budget programs of such departments and agencies 
under the applicable appropriation act. 
SECTION 26. Office of the Undersecretaries: 
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There shall be three (3) Undersecretaries. The Undersecretaries shall perform 
such powers and duties as the SND may prescribe. They, in the order of precedence 
designated by the President, shall act for and exercise such powers and duties of the 
SND when he is incapable to do so. 
ARTICLE 9 -Armed Forces of the Philippines 
SECTION 27. 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. 
c. 
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. 
e. 
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. 
SECTION 28. The AFP shall be composed of a citizen armed force which shall 
undergo military training and service as provided by law. It shall be organized and 
maintained in a manner that shall render it capable of rapid expansion from a peacetime 
organization to a wartime or emergency organization. It shall comprise be composed 
of: 
a. 
A Base Force necessary for the day-to-day security of the state. The Base 
Force shall constitute the core formation of the 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, 
14 


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 
res rvists with appropriate ranks. 
I c. 
A civilian component maintained through a plantilla approved by the 
I 
proper authorities. 
SECTION 29. The organizing principles of the AFP shall be the following: 
a. 
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-Chief through 
the Chief of Staff, AFP and the National Command Authority for the deployment, 
direction and control of forces. 
b. 
It shall conform to Section 5 of Article 2 and Sections 2land 22 of Article 7 
in the organization of the Unified Commands. 
c. 
It shall develop the capability to participate in the socio-economic 
development program of the government and thereby keep the military within 
mainstream society. 
d. 
It shall prescribe the manning levels of the Base Force in a manner that 
shall ensure a more predictable# base for costing forecasts and programming of troop 
ceilings. 
SECTION 30. 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 
15 


." . 
supervised. 
government. 
It shall be located as close as practicable to the political seat of 
b. 
c. 
environments: 
Unified Commands -deploy, direct and control the operating forces. 
Major Services - maintain and provide forces peculiar to operating 
(1) 
Philippine Army 
(2) 
Philippine Air Force 
(3) 
Philippine Navy 
ARTICLE 10 - General Headquarters, Armed Forces of the Philippines 
SECTION 31. 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. 
b. 
Prepare strategic security and defense plans of the AFP; 
Prepare logistics plans and assign logistic responsibilities within the AFP 
in accordance with those plans; 
c. 
Formulate policies for AFP joint training and coordinate the military 
education of the different major services; 
d. 
Perform such other functions as the President or the Secretary of National 
Defense may prescribe. 
SECTION 32. The AFP leadership shall be composed of the following: 
a. 
Chief of Staff, AFP: Shall be with the rank of GeneraVAdmiral and serves 
as the principal adviser to and heads the General Headquarters of the Commander-in- 
Chief. The Chief of Staff, AFP shall be appointed by the President for a term not 
exceeding three years in accordance with the Constitution. However, in times of war or 
other national emergency declared by Congress, the President may extend such tour of 
duty. 
16 


b. 
Vice Chief of Staff: Shall be with the rank of Lieutenant GeneralAlice 
Admiral and serves as the principal assistant of the Chief of Staff, AFP. 
C. 
Deputv Chief of Staff: Shall be with the rank of Lieutenant GeneralAlice 
Admiral and serves as the supervisor and coordinator of the Joint, Special, and 
Technical Staff. 
ARTICLE 11 - Philippine Army 
SECTION 33. 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. 
SECTION 34. The Philippine Army shall: 
a. 
Organize, train, equip and employ active territorial and maneuver forces 
for prompt and sustained operations on land; 
b. 
Prepare such units as may be necessary for the effective execution of 
national defense plans and programs and armed forces missions, including the 
expansion of the peacetime army component to meet any emergency; 
c. 
Develop doctrines, procedures, tactics, techniques, and organization and 
equipment (to include aviation) peculiar to the Army for uni-service operations; 
d. 
In coordination with the cognizant agencies identified herein, develop and 
maintain strategic resistance areas in the highlands, engagement areas in the lowlands, 
ground lines of support and the command center system specified by the strategic 
defense structure (SDS); 
develop and maintain programs for the prompt conversion of 
such public utilities and industries which may be needed in the conduct of ground 
warfare into peculiar warfare formations during mobilization. 
17 


c 
e. 
Organize, train, equip, administer, regularly test-mobilize, and test-deploy 
the army reserve component. 
ARTICLE 12 - Philippine Air Force 
SECTION 35. 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. 
SECTION 36. The Philippine Air Force shall: 
a. 
Organize, train, equip and employ air forces for prompt and sustained air 
operations; 
b. 
Provide for air defense; 
c. 
Organize, train, and equip air forces for airlift, airborne, and tactical air 
operations unilaterally or jointly with ground andlor naval forces; 
d. 
In coordination with the cognizant agencies identified herein, develop and 
maintain a system of alternative airbases, air corridor components of strategic lines of 
support; develop and maintain programs aimed at the propagation of individual aviation 
skills in the private sector and the prompt conversion of the aviation industry into 
peculiar air warfare formations during mobilization. 
e. 
Formulate and develop doctrines, concepts, systems, procedures, 
strategies, tactics and techniques for operations peculiar to the Air Force; and 
f. 
Organize, train, equip, administer, regularly test-mobilize, and test-deploy 
the air force reserve component. 
ARTICLE 13 - Philippine Navy 
18 


SECTION 37. 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, in accordance with the integrated mobilization, plans, program 
for the expansion of the peace-time components of the navy to meet the needs of war. It 
shall be headed by the Flag Officer in Command, Philippine Navy (FOIC, PN) who shall 
hold the rank of Vice Admiral. 
SECTION 38. The Philippine Navy shall: 
a. 
naval operations; 
Organize, train, equip and deploy naval forces for prompt and sustained 
b. 
Provide for naval defense; 
c. 
Secure the country's internal and territorial waters and its interest in the 
exclusive economic zone; 
d. 
In coordination with fhe 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. 
e. 
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 
g. 
Organize, train, equip, regularly test-mobilize and test-deploy the naval 
reserve component. 
SECTION 39. The Philippine Marine Corps (PMC) shall be a type command of 
the Philippine Navy and shall be headed by the Commandant, Philippine Marine Corps, 
19 


V 
who shall hold the rank of Major General. The mission of the Corps is to provide 
combined arms maneuver forces to the unified commands and landing forces to Navy 
fleet forces for the conduct of amphibious operations and such other actions essential to 
the prosecution of naval defense. The Philippine Marine Corps shall have the following 
functions: 
a. 
Organize, train, equip and maintain units of combined arms for 
amphibious operations, ground combat operations and internal security operations, and 
provide coastal artillery defense and early warning and surveillance of 
maritime 
corridors and choke points; 
b. 
Develop in coordination with other services the doctrines, tactics, 
techniques and equipment employed by landing forces during amphibious operations; 
c. 
Maintain deployable forces-in-readiness up to division size; 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; 
e. 
Perform such other duties as may be directed by higher authorities. 
ARTICLE 14 - Reserve Forces 
SECTION 40. The organization, development, maintenance and direction of 
Reserve Forces shall as much as practicable adhere to the following principles: 
a. 
b. 
c. 
the Base Forces; 
d. 
Shall be as capable as the Base Forces; 
Conform to the organization and training of the Base Forces; 
Be established through the same tables of organization and distribution as 
Shall be made interoperable with the deployment doctrines of the Unified 
Commands. 
SECTION 41. 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 
20 


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 hay 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. 
C. 
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 
direct ion. 
d. 
Civil Defense Deplovment 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 recomtpendation of the Civil Defense Authority. 
SECTION 42. The DND shall provide a continuing career development program 
to attract dedicated reservists for service in the reserve cadres. 
ARTICLE 15 -Administration and Management of the AFP 
SECTION 43. The administration of the Armed Forces of the Philippines shall be 
the responsibility of the Secretary of National Defense. 
21 


. 
SECTION 44. 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; 
c. 
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; 
d. 
Members of the Armed Forces shall receiie pay, allowances and other 
benefits that shall promote professionalism and afford them a respectable life; 
e. 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, 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 111 - INTERNAL SECURITY 
ARTICLE 16 - Poljcies on Internal Security Operations 
SECTION 45. Policv Declaration. Constitutional guarantees on civil liberties 
shall be upheld during the conduct of internal security operations unless suspended 
through processes prescribed by the Constitution. 
SECTION 46. Office of the Secretary of the Interior and Local Government: The 
Secretary of the Interior and Local Government (hereinafter referred to as SILG) shall 
be the principal adviser to the President on matters pertaining to interior and local 
22 


government matters. The SlLG shall optimize the effectiveness of the Department of 
Interior and Local Government (DILG) in the enhancement of public safety and peace 
and order programs by assisting in social, political and economic development and in 
performing such other function as may be provided by law. 
SECTION 47. Responsibility for the conduct of internal security operations shall 
be linked with the hierarchy of defense conditions prescribed in Section 10, Article 3 of 
this Act where the Philippine National Police is responsible for initiating responses to 
DEFCON One and Two. Starting from DEFCON Three (3) and higher, the Armed 
Forces of the Philippines shall assume operational responsibility over all internal 
security operations. 
SECTION 48. 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. 
SECTION 49. Ready Reserve Forces may be deployed for internal security 
operations under the operational direction of the Armed Forces of the Philippines. 
SECTION 50. The Commander-in-Chief shall promulgate rules and regulations 
classifying law enforcement agencies into ready reserve forces to provide support and 
assistance to entities of the Civil Defense Authority during different DEFCON levels. 
ARTICLE 17 - Organization of Law Enforcement Agencies 
SECTION 51. 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. 
SECTION 52. Law enforcement agencies shall be governed by the pertinent 
enabling acts and their respective implementing rules and regulations pertaining to 
preparations for their role as military reserves. 
TITLE IV - SUPPORT FOR NATIONAL DEFENSE AND SECURITY 
ARTICLE 18 - Foreign Policy Support 
23 


SECTION 53. Policv Declaration: The Philippines renounces war as an 
instrument of national policy and adheres to the policy of peace, equality, justice, 
freedom, cooperation and amity with all nations. 
SECTION 54. 
Office of the Secretaw of Foreicln Affairs: The Secretary of 
Foreign Affairs shall be the principal adviser to the President on matters pertaining to 
foreign affairs. The SFA shall optimize the effectiveness of the Department of 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. 
SECTION 55. The SFA shall 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. 
SECTION 56. The SFA shall likewise be responsible for the monitoring of 
external dimensions of domestic defense and security situations and the taking of 
appropriate measures abroad in consultation with the SND and SILG. 
ARTICLE 19 - Civil Defense Authority 
SECTION 57. The Civil Defense Authority, hereinafter referred to as the CDA, 
shall be responsible for coordinating at the national level the activities and functions of 
the various agencies and instrumentalities of the national government and private 
institutions and civic organizations devoted to public welfare so that the facilities and 
resources of the entire nation may be utilized to the maximum extent for the protection 
of the civilian populace and preservation of property during time of war and other 
national emergencies, whether natural or man-made. 
SECTION 58. The Civil Defense Authority shall have the following functions: 
a. 
Establish and administer a comprehensive national civil defense and civil 
assistance program; 
b. 
Formulate policies and prepare plans for the protection and preservation 
of the well-being of the civilian populace during wars directly involving the Philippines 
or other national emergencies; 
24 


the total material, manpower and fiscal requirements for carrying 
and civil assistance program and allocate to the provinces 
materials, and funds as may be made available from the 
national govern ent; 
d. 
De 1 
elop and coordinate programs for informing, educating, and training 
I 
the general pub1 c, members of disaster councils and volunteer workers on civil defense 
and civil assistadce measures and activities; 
1 
1 
e. 
Furnish guidance to all provinces, cities and municipalities in the 
preparation, org$nization and operation of its civil defense units; 
f. 
Adiise the President on matters concerning civil defense and civil 
assistance and t-n ake such recommendations as may be deemed appropriate or as may 
be required by the President; and 
g. 
Perform such other functions as may be provided for by law. 
ARTICLE 20 - Defense Real Estate 
SECTION 59. Defense Real Estate (DRE) refers to portions of the public domain 
set aside and developed for the purpose of enhancing the defense posture of the 
country. DRE shall be classified as national parks. 
SECTION 60. In accordance with the provisions of current Strategic Defense 
Structure as stated in Section 20 of Article 7 hereof, the President shall determine those 
portions of the public domain identified as critical to the Strategic Defense Structure 
(SDS) of the country which require classification as Defense Real Estate, provided that 
no reclassification of properties classified as Defense Real Estate shall be effected 
earlier than five (5) years from the date of classification as such. 
SECTION 61. 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 21 - Industrial Mobilization and Convertibility 
SECTION 62. Industrial mobilization refers to the transformation of industry from 
its peacetime activity to a status necessary to support national defense and security 
25 


- 
f 
t 
objectives. It shall' include mobilization of materials, labor, capital, production facilities, 
and transport services essential for national defense and security in times of war and 
other national emergencies. Mobilization may be invoked by the President through his 
powers provided herein or as specified by other legislation and executive issuances. 
SECTION 63. Industrial Convertibility refers to a set of actions undertaken by the 
government to 'ensure that the development of industries and their concomitant 
infrastructure shall consider their 'potential defense utilization and are preplanned for 
conversion to wartime application. 
SECTION 64. 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. 
SECTION 65. 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, traqsportation, water works and sewerage systems, 
shipyards, shipping, civil aviation, hospitals and clinics, mass media, architectural and 
engineering firms, 'and such other facilities whose products and services are vital to 
national defense and security. 
SECTION 66. Indemnity - In case of any physical damage incurred by an 
industrial facility directly or indirectly resulting from the government takeover or 
26 


supervision and control of such facility, the person(s) owning the facility shall be 
appropriately compensated. 
I 
SECTION 67. The President shall promulgate such rules and regulations that 
shall govern the provisions of this Article. 
ARTICLE 22 - Defense Education 
SECTION 68. The Department of National Defense shall maintain a defense and 
security education system that is formative, firm, progressive and continuing. This 
defense and security education system shall address the need of internalizing in the 
citizenry their obligation to preserve the state; in the active military professionals the 
vocation of their career, and in the political leadership sector the skills in formulating 
national defense and security policy. 
SECTION 69. 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. 
SECTION 70. The Department of National Defense shall enter into arrangements 
with learning institutions, local or foreign, for the conduct of such education, training and 
research programs designed to keep the defense establishment abreast with current 
trends and developments. 
SECTION 71. 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. 
c. 
Ensure access to mainstream technology advances, and; 
Keep abreast with developments in warfare associated with the operating 
environments peculiar to the major services. 
SECTION 72. The Department of National Defense shall operate the National 
Defense University that shall provide education for selected career military 
professionals, career executives in the civil service, leaders of industry and selected 
scholars from the private sector. The NDU shall maintain a strategic research and 
21 


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 23 - Resource Allocation 
SECTION 73. The Congress of the Philippines shall, from time to time but shall 
be at least once a year, require the executive branch to submit a forecast of defense 
and security conditions and define the corresponding mobilization responses which 
shall constitute as a prerequisite process to the deliberations on the General 
Appropriations Act. 
SECTION 74. The Congress shall ensure continuity of national defense and 
security objectives, through the enactment of multi-year appropriations. 
SECTION 75. The Congress shall likewise ensure that fidelity to the 
development, modernization and upgrade programs of the major services is attained 
x 
through the classification of their type commands to key budget item status. 
TITLE IV - FINAL PROVISIONS 
ARTICLE 24 -Transitory Provisions 
SECTION 76. The Secretary of National Defense shall initiate the legislative 
process required for the categorization of all existing military camps and installations, 
defense reservations and infrastructure as national parks. The limits and boundaries 
shall be as they were originally intended in their respective legislation or proclamations, 
unless subsequent legislation, amendments thereto, or proclamations have altered such 
limits and boundaries. 
SECTION 77. The current Office of Civil Defense under the Department of 
National Defense shall be transformed into the Civil Defense Authority, placed directly 
under the Office of the President. 
SECTION 78. 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 
28 


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 25 - Separability and Repealing Clauses 
SECTION 79. Separability.Clause: If for any reason, any provision of this Act is 
declared invalid or unconstitutional, the remaining provisions not affected thereby shall 
continue to be in full force and effect. 
SECTION 80. Repealincl Clause: All laws, decrees, executive orders, 
proclamations, rules and regulations, and other issuances, or parts thereof, which are 
inconsistent with the provisions of this Act are hereby repealed or modified accordingly. 
Provisions of the Administrative Code of 1987 inconsistent with this Act are hereby 
amended. 
SECTION 81, 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. 
29