NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. No. 1390
gVL Senate
o( tDe taij>
*22 OCT 13 P6 33
RECEIVED BV;
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
TO ENHANCE THE CAPABILITY AND STREAMLINE ORGANIZATIONAL ROLE 
OF THE DEPARTMENT OF NATIONAL DEFENSE AND ITS BUREAUS, 
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The Administrative Code of 1987, under Subtitle II, Chapter 1, Section 15, 
clearly states that, "The defense establishment shall be maintained to maximize its 
effectiveness for guarding against external and Internal threats to national peace and 
security, and provide support for social and economic development."
The past administration's Department of National Defense (DND) leadership 
boasted of the efforts and steady hard work of then President Rodrigo Roa Duterte 
for the country to attain a credible defense posture in the name of the sacred 
protection of our maritime territories. Likewise, the DND asserted that the Duterte 
administration's Armed Forces of the Philippines (AFP) was able to significantly step 
up its external defense operations to secure the Philippine strategic border areas and 
exclusive economic zone.1
In his recent State of the Nation Address, President Ferdinand "Bongbong" 
Marcos, Jr. articulated the need to amend the National Defense Act of 1935 as one of 
his administration's priority legislative measures to provide a change in the military
1 Philippine News Agency. PH credible defense posture boosted under Duterte admin: DND. Data retrieved at 
https://www.Dna.aov. ph/articles/1176352 on 03 October 2022.


structure of the AFP, for it to become "more responsive to current and future non- 
conventiona! security threats to the country's territorial integrity and national 
sovereignty."
Given the pronouncement of President Bongbong Marcos to amend the 87- 
year-old National Defense Act and the urgent need for an improved strategy for our 
national defense, this bill seeks to streamline the defense bureaucracy by updating 
and codifying various laws and executive issuances on national defense, the AFP and 
the civilian bureaus in the defense establishment. Undoubtedly, this proposed 
measure's aim to streamline the organizational role of the DND and its Bureaus will 
be highly instrumental in achieving the mission of the Department to "defend against 
external and internal threats to territorial integrity and sovereignty, and promote the 
welfare of the people, in order to create a secure and stable environment conducive 
to national development"
In recognition of the DND's crucial role to serve and protect the Filipino people, 
the passage of this bill is earnestly sought.
RAMOCkfiONG REVILLA, 3R.H


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. No. 1390
Senate
'Caitr ol the ^tacfur/
*22 OCT 13 P6 33
RECEIVED BV:
Introduced by SENATOR RAMON BONG REVILLA, 3R.
AN ACT
TO ENHANCE THE CAPABILITY AND STREAMLINE ORGANIZATIONAL ROLE 
OF THE DEPARTMENT OF NATIONAL DEFENSE AND ITS BUREAUS, 
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Preliminary Provisions
2 
Section 1. Short Title. — This Act shall be known as "National Defense Act of
3 
2022."
4 
Sec. 2. Declaration of National Defense Policies. — The national defense policies
5 
of the Republic of the Philippines shall be as follows:
6 
(a) In defending the Philippines, the paramount consideration shall be the
7 
national sovereignty, territorial integrity, national interest and the broad concern of
8 
national security.
9 
(b) The preservation of the State shall be the obligation of every citizen. The
10 
security, freedom and independence of the Philippines shall be guaranteed by the
11 
mobilization of all citizens, without distinction of age, gender, civil status, ethnicity,
12 
religion, and ail resources.
13 
(c) The civil authority shall at all times be supreme over the military. The
14 
President of the Philippines, as the Commander-in-Chief of all military forces, shall
15 
ensure that mobilization measures are prepared at all times.


1 
(d) The national defense organization shall be adapted as closely as possible to
2 
the territorial and administrative organization of the Philippines.
3 
(e) The employment of the nation's citizens and resources for national defense
4 
shall be effected by mobilization based on the defense posture prescribed in defense
5 
policies.
6 
(f) The mobilization shall include the execution of all measures necessary to
7 
pass from a peace to a war footing, or in any case of actual invasion, or when public
8 
safety and security so requires, as well as during its transition to normalcy or
9 
rehabilitation.
10 
(g) 
The mobilization plans of financial, industrial, economic, technological
11 
and social resources of the Philippines shall conform to the defense concept based on
12 
the defense policies and shall be prepared by the executive departments concerned
13 
in accordance with the following general policies:
14 
(1) The respective responsibilities of the concerned executive
15 
departments in mobilization planning will be prescribed by the President; and
16 
(2) Forces and resources shall be employed so as to ensure unity and
17 
continuity of effort until normalcy has been attained.
18 
(h) No profit incident to war shall accrue to any individual, corporation,
19 
association or partnership.
20 
(i) 
The State values the dignity of every human person, guarantees full
21 
respect for human rights, including but not limited to the rights of indigenous cultural
22 
communities, the equitable rights of women in peacebuilding, gender and
23 
development, the protection of children and other vulnerable groups, and adheres to
24 
the generally accepted principles of international law, including applicable
25 
conventions, protocols and other international agreements.
26 
0) 
The State shall pursue the development of an industrial capacity
27 
necessary for the development of self-reliance defense posture, providing adequate
28 
support to local industries and partnership with international entities.
29 
Sec. 3. Defense Conditions and Authority. — Defense conditions shall be the
30 
basis for the designation of persons and entities to act in behalf of the State. Defense
31 
Conditions, hereinafter referred to as DEFCON, shall refer to levels of national
32 
security—peace, conflict and war— that tend to, or actually threaten, the security of


1 
the State. The level of defense conditions and the persons or entities designated to
2 
act in behalf of the State shall be prescribed by the President.
3 
Mobilization of Persons and Resources
4 
Sec. 4. Military Service. — Military service shall be for all able-bodied citizens,
5 
in case of war, invasion, or rebellion, as declared by Congress. The methods and
6 
procedures for the classification, selection, examination, induction, training,
7 
mobilization, and release of all citizens from their military obligations shall be
8 
recommended by the Secretary of Defense and approved by the President.
9 
Sec. 5. Registration. — The registration of citizens for military service shall be
10 
a military function carried out by the Major Services through their respective Reserve
11 
Commands.
12 
Sec. 6. Mobilization. — During mobilization, the President shall have the power
13 
to secure all such resources as may be necessary for national defense. The President
14 
may authorize and delegate the Secretary of National Defense (SND) to undertake the
15 
action and activities related thereto.
16
17 
TITLE I
18 
DEPARTMENT OF NATIONAL DEFENSE
19 
Article I — General Provisions
20 
Sec. 7. Mandate. - The Department of National Defense (DND) shall be the
21 
primary government agency with the duty of implementing the provisions of this Act.
22 
The defense establishment shall maximize its effectiveness for guarding against
23 
external threats to national security, provide support as directed by the President to
24 
conduct operations to address internal threats, support social and economic
25 
development, and promote the welfare of soldiers and veterans.
26 
Sec. 8. Powers and Functions of the DND. — To carry out the above-declared
27 
mandate, the DND shall exercise and perform the following powers and functions:
28 
(a) Design, formulate and prepare national defense concepts, policies,
29 
strategies, plans and programs;
30 
(b) Formulate, develop and update defense policies of the country, including
31 
the mobilization plan for the employment of the country's citizens and resources for
32 
national defense;
3


1 
(c) 
Develop and build defense capabilities of the Armed Forces to address
2 
readiness and mission requirements and threats;
3 
(d) 
Continue to institutionalize and deveiop the Defense System of
4 
Management (DSOM) that shall integrate but not limited to, strategic defense
5 
assessment, planning, resource and financial management, acquisition, control,
6 
support, administration, and decision-making responsibilities of the SND and DND
7 
senior leaders;
8 
(e) Control, monitor, coordinate, supervise and evaiuate the impiementation
9 
of national defense policies, plans, programs and activities;
10 
(f) Exercise control and supervision over the Armed Forces of the Phiiippines
11 
(AFP), Government Arsenal (GA), Office of Civil Defense (OCD), Philippine Veterans
12 
Affairs Office (PVAO) and the National Defense University (NDU);
13 
(g) Formuiate, establish, implement and supervise the quality management
14 
system;
15 
(h) Establish, promote and maintain biiateral and muitiiaterai iinkages for
16 
defense and miiitary cooperation with its international counterparts for the purpose of
17 
addressing traditional and non-traditional security threats;
18 
(i) Implement the country's international defense and security commitments
19 
based on defense and security treaties, cooperation agreements, internationai
20 
conventions, protocols and other similar arrangements;
21 
0) Develop a Self-Reliant Defense Posture (SRDP) program to guarantee
22 
the enhancement of responsive and progressive capabilities and maximum
23 
utilization of resources; and
24 
(k) Perform such other defense-reiated functions as may be provided by law or
25 
directed by the President of the Phiiippines.
26 
Sec. 9. Contracts. — The DND shall be authorized to enter into, make, perform
27 
and carry out contracts of every class, kind and description, which are necessary or
28 
incidental to the performance of its mandate as provided herein, with any person, firm
29 
or corporation, public or private, and with foreign government entities, subject to the
30 
provisions of existing laws, rules and regulations. Within ninety (90) days from the
31 
approval of this Act, the Secretaries of National Defense, Finance, Budget and
32 
Management, Trade and Industry, and the Director General of the National Economic


1 
and Development Authority 
shall jointly promulgate rules and regulations to
2 
facilitate the importation and exportation of defense articles compliant with
3 
international conventions on the saie, transfer, and trade of such articies.
4 
Sec. 10. Mministration, Management and Control of Defense Rea! Properties-
5 
(a) The Department shall be authorized to administer, operate, manage,
6 
control, maintain and develop defense real properties for strategic basing and
7 
to use, hold, acquire, or lease any private real property, right of way, or
8 
easement which may be proper or necessary for the accompiishment of its
9 
mandate as provided in this Act;
10 
(b) The sale and/or exchange of strategic defense real properties shall be
11 
prohibited, unless otherwise recommended by the SND, approved by the President of
12 
the Phiiippines, with the consent of Congress; and
13 
(c) The lease and/or development of defense real properties, by joint venture
14 
or otherwise, shall be allowed upon approval of the President of the Philippines.
15 
Sec. 11. Special Defense Material Acquisition. — Upon prior approval of the
16 
President of the Philippines, and when the procurement for use by the AFP involves
17 
major defense equipment or materiel or major defense-related consultancy services,
18 
when the expertise or capability required is not available locally, and the Secretary of
19 
National Defense has determined that the interests of the country shall be protected
20 
by negotiating directly with an agency or instrumentality of another country with
21 
which the Philippines has entered into a defense cooperation agreement or otherwise
22 
maintains dipiomatic reiations, the AFP may be allowed to resort to negotiated
23 
procurement: Provided, however, that the performance by the supplier of its
24 
obligations under the procurement contract shall be covered by a performance security
25 
in accordance with Section 39 of the Implementing Ruies and Regulations (IRR) of
26 
Republic Act No. 9184, otherwise known as the Government Procurement Act.
27 
The DND shall give preference to the Self-Reliant Defense Posture as a means
28 
to acquire defense material and equipment; Provided, That, priority shall be given to
29 
local defense industry manufacturers; Provided further, That, in case of foreign
30 
procurements, the latter must be willing to set-up an in-country manufacturing and
31 
production facility with technology transfer schemes and will undertake to employ
32 
Filipino technical skilled workers, scientists and engineers; Provided finally. That


1 
collaboration among government, academe and industries shall likewise be
2 
encouraged, particularly on defense research and development (R&D).
3 
The Secretary of National Defense shall be authorized to enter into contracts
4 
and agreements, particularly under international defense cooperation agreements
5 
with technology transfer industry development components.
6 
A best rated offer shall be applied for Filipino-owned defense industries located
7 
within the Philippines.
8 
Sec. 12. Grants and Donations. — The Department, or any of the bureaus,
9 
agencies or offices under it, may accept donations, contributions, and grants from
10 
various sources, domestic or foreign, for purposes relevant to its functions: Provided,
11 
That, in case of donations from foreign governments or persons, acceptance thereof
12 
shall be subject to existing laws, rules and regulations.
13 
Sec. 13. Defense and Cooperation. — Unless otherwise provided by the
14 
Constitution, the DND may develop, enhance and sustain multi-dimensional defense
15 
and security cooperation and engagements with the defense establishments and
16 
Armed Forces of other countries, and other regional and international organizations
17 
based on the principle of good governance, and mutual benefit and respect and in
18 
line with the foreign policies of the Philippines.
19 
Article II - Organization
20 
Sec. 14. Organizational Structure. — The DND shall be composed of the DND-
21 
Proper and its bureaus namely, the Armed Force of the Philippines (AFP), the Philippine
22 
Veterans Affairs Office (PVAO), the Government Arsenal (GA), National Defense
23 
University (NDU), and the Office of the Civil Defense (OCD).
24 
Sec. 15. Composition. — The DND-Proper shall be composed of the Office of
25 
the SND and the Offices of the Undersecretaries and Executive Staff.
26 
Sec. 16. Office of the Secretary. — The Office of the Secretary shall consist of
27 
the SND and their immediate staff as determined by them.
28 
Sec. 17. The Secretary of National Defense. — Subject to qualifications and
29 
prohibitions under Republic Act No. 11709 and other existing laws, the SND shall be
30 
appointed by the President, subject to confirmation by the Commission on
31 
Appointments.


1 
Sec. 18. Powers and Functions of the Secretary. - The SND shall be vested with
2 
the authority and responsibility to have control and supervision of the DND in the
3 
performance of its mandate, and perform such other functions as may be necessary
4 
to attain the objectives of this Act or as may be provided by law or directed by the
5 
President of the Philippines.
6
7 
TITLE II
8 
THE ARMED FORCES OF THE PHILIPPINES
9 
Article I - General Provisions
10 
Sec. 19. Mission and Functions. — The AFP shall be the protector of the people
11 
and the State. The goal of the AFP shall be to secure the sovereignty of the State and
12 
the integrity of the national territory. It shall have the duty to:
13 
(a) Defend against all forms of threats to national defense and security;
14 
(b) Design, plan, organize, train, equip, develop, employ and sustain its Regular
15 
and Reserve Forces for national defense and security; and
16 
(c) Perform such other functions as may be provided by law or assigned by the
17 
Commander-in-Chief.
18 
Sec. 20. Chain of Command. — The exercise of authority, direction, command
19 
and control over the AFP shall be carried out through the Chain of Command. Such
20 
Chain of Command shall be the line of authority and responsibility along which orders
21 
are passed, beginning from the President as the Commander-in-Chief, through the
22 
SND, to the Chief of Staff of the Armed Forces of the Philippines (CSAFP) down to the
23 
commander of the lowest echelon of command in the AFP: Provided, that this shall
24 
not preclude the President from issuing orders directly to the AFP.
25 
Sec. 21. Organization and Composition. - The AFP shall be initially composed
26 
of three (3) major services, namely: the Philippine Army (PA), the Philippine Air Force
27 
(PAF), and the Philippine Navy (PN). The AFP composition shall be guided by the Table
28 
of Organization and Equipment (TOE) prescribed by the SND upon recommendation
29 
of the CSAFP.


1 
Article II - The Regular Force
2 
A. ORGANIZATION AND COMPOSITION
3 
Chapter 1 - General Provisions
4 
Sec. 22. Size and Composition. — The Regular Force, alternately referred to as
5 
the Standing Force, shall be initially composed of the following:
6 
(a) Regular Officers and Enlisted Personnel;
7 
(b) Reservists called to active duty, or on active-duty tour for training; and
8 
(c) Draftees, trainees and government-sponsored Filipino cadets enrolled in
9 
local or foreign military schools.
10 
The size and composition of the Regular Force shall be prescribed by the TOE
11 
as approved by the SND and shall be the basis of manning the AFP.
12 
Sec. 23. Organizationai Principle. — The SND, upon the recommendation of the
13 
CSAFP, shall organize the AFP into such commands, forces and units in accordance
14 
with operational requirements. For this purpose, the national territory may be divided
15 
into such operational areas as the SND may direct.
16 
Sec. 24. Organizational Structure. — The Regular Force of the AFP shall consist
17 
of the Joint Headquarters; the Joint Force Operational Commands; the major Services
18 
namely: the PA, the PN and the PAF; and the other existing commands, units, offices
19 
and services of the AFP.
20 
Sec. 25. Operational Principles. — The operational principles of the AFP shall
21 
be as follows:
22 
(a) The Commander-in-Chief shall exercise command and control through
23 
the CSAFP with the supervision of the SND. The Joint Headquarters of the AFP, shall
24 
be the command-and-control element of the AFP;
25 
(b) The Joint Headquarters of the AFP shall exercise centralized command
26 
and control to ensure unity and coordination of efforts throughout the military
27 
establishment;
28 
(c) The Joint Force Operational Commands as force employers shall be
29 
responsible for the decentralized execution of joint operations to achieve maximum
30 
operational effectiveness within the military establishment, unless otherwise
31 
determined by the CSAFP through the supervision of the SND;


1 
(d) The Major Services, as force providers, shall be responsible for the
2 
development, organization, training, equipping, maintenance and sustainment of
3 
combat forces, combat service forces, technical and administrative service, and
4 
combat service support forces;
5 
(e) The AFP Reserve Force shall provide for the base of expansion of the Major
6 
Services.
7 
Chapter 2
8 
The General Headquarters of the Armed Forces of the Philippines
9 
Sec. 26. Mandate. — The General Headquarters, which shall be headed by the
10 
CSAFP, shall be the command-and-control element of the AFP.
11 
Sec. 27. Organization. - The General Headquarters shall be composed of the
12 
Office of the CSAFP, Office of the Vice Chief of Staff, Office of the Deputy Chief of
13 
Staff, the AFP Joint, Personal and Special Staff and the other key staff offices and
14 
units necessary for effective command and control of the AFP as recommended by the
15 
CSAFP with the approval of the SND.
16 
Sec. 28. Powers and Functions. — The Chief of Staff shall:
17 
(a) Serve as the principal military adviser to the President and the Secretary of
18 
National Defense;
19 
(b) Be responsible for the formulation of the national military strategy
20 
consistent with the national defense strategy;
21 
(c) Be responsible for the development of the policies, strategies, missions,
22 
plans and programs of the AFP;
23 
(d) Prescribe the organization, powers, functions and duties of the various staff,
24 
services, and other units of the AFP in accordance with the national defense policy.
25 
Sec. 29. The Joint Staff. — The Joint Staff, as coordinating staff, shall advise
26 
and assist the CSAFP in the performance of their functions. The organization, functions
27 
and duties of the Joint Staff shall be prescribed by the CSAFP.
28 
Sec. 30. Personal Staff. - The Personal Staff, as immediate staff, shall directly
29 
advise and assist the CSAFP in the performance of their functions. The organization,
30 
functions and duties of the Personal Staff shall be prescribed by the CSAFP: Provided,
31 
that coordination with other staff shall not be precluded.


1 
Sec. 31. Special Staff. - The Special Staff, as specialized, technical and
2 
administrative staff, shall advise and assist the CSAFP in the performance of their
3 
functions. The organization, functions and duties of the Special Staff shall be
4 
prescribed by the CSAFP.
5 
Sec. 32. Authority to Reorganize the General Headquarters. — In the interest
6 
of efficiency and effectiveness, the CSAFP, upon the approval of the SND, may:
7 
(a) 
Establish and organize staff, offices and units in the General
8 
Headquarters, in addition to the AFP Joint Personal and Special Staff, and prescribe
9 
the organization, mission and functions; and
10 
(b) 
Establish, organize, and/or abolish staff, offices and units in the AFP and
11 
prescribe their structure, mission, functions, duties and responsibilities, and other
12 
parameters and standards.
13 
Chapter 3 - Joint Force Operational Commands
14 
Sec. 33. Organization, Mission and Function. — The CSAFP, upon approval of
15 
the SND, shall organize and establish the Joint Force Operational Commands, which
16 
shall be under the command, control and operational direction of its Joint Force
17 
Commander; Provided, That the SND, upon the recommendation of the CSAFP, shall
18 
prescribe the mission, functions, duties and responsibilities and joint area of
19 
operations of the Joint Force Operational Commands.
20 
Sec. 34. The Philippine Army (PA). — The PA, headed by the Chief of the
21 
Philippine Army, shall provide forces that are responsible for the conduct of prompt
22 
and sustained joint and combined ground operations in support of the AFP mission. It
23 
shall be composed of its headquarters, maneuver units, sustainment units, and such
24 
other units as may be necessary for the conduct of ground operations.
25 
Sec. 35. Functions of the PA. — The PA shall:
26 
(a) Develop, organize, train, equip, maintain, and sustain such ground
27 
forces or units as may be necessary for the conduct of prompt and sustained
28 
operations;
29 
(b) Prepare such forces or units as may be necessary for the effective
30 
implementation of the national defense plans and programs and armed forces
31 
missions;
10


1 
(c) 
Formulate and develop, in coordination with the other Major Services,
2 
doctrines, systems, tactics, techniques and procedures peculiar to the Army;
3 
(d) 
Implement mobilization of the Army Reserve; and
4 
(e) 
Perform such other functions and duties as may be provided by law or
5 
assigned by the CSAFP.
6 
Sec. 36. The Philippine Air Force (PAF). - The PAF, headed by the Chief of the
7 
Philippine Air Force, shall provide forces that will be responsible for the conduct of
8 
prompt and sustained air operations in support of the AFP mission. It shall be
9 
composed of its headquarters, air combat, combat support sustainment units, and
10 
such other units as may be necessary for the conduct of air and support operations.
11 
Sec. 37. Functions of the PAF. — The PAF shall:
12 
(a) 
Develop, organize, train, equip, maintain, and sustain such air forces or
13 
units as may be necessary for the conduct of prompt and sustained operations;
14 
(b) 
Prepare such forces or units as may be necessary for the effective
15 
implementation of the national defense plans and programs and armed forces
16 
missions;
17 
(c) 
Formulate and develop, in coordination with the other Major Services,
18 
doctrines, systems, tactics, techniques and procedures peculiar to the Air Force;
19 
(d) 
Implement mobilization of the Air Force Reserve; and
20 
(e) 
Perform such other functions and duties as may be provided by law or
21 
assigned by the CSAFP.
22 
Sec. 38. The Philippine Navy (PN). - The PN, headed by the Chief of the
23 
Philippine Navy, shall provide forces that shall be employed for the conduct of prompt
24 
and sustained naval operations in support of the AFP missions. It shall be composed
25 
of its headquarters, naval forces, service support units, and such other units as may
26 
be necessary for the conduct of naval operations.
27 
Sec. 39. Functions of the PN. - The PN shall:
28 
(a) 
Develop, organize, train, equip, maintain, and sustain such naval forces
29 
or units as may be necessary for the conduct of prompt and sustained operations;
30 
(b) 
Prepare such forces or units as may be necessary for the effective
31 
implementation of the national defense plans and programs and armed forces
32 
missions;
11


1 
(c) Formulate and develop, in coordination with the other Major Services,
2 
doctrines, systems, tactics, techniques and procedures peculiar to the Navy;
3 
(d) 
Implement mobilization of the Navy Reserve; and
4 
(e) 
Perform such other functions and duties as may be provided by iaw or
5 
assigned by the CSAFP.
6 
Sec. 40. Technical and Administrative Service. - Each Major Service shall
7 
develop, organize, train, equip, maintain, and sustain their respective Technical and
8 
Administrative Service, composed of but not limited to. The Judge Advocate Generai
9 
Service, Medicai Corps, Veterinary Corps, Medical and Administrative Corps, Nurse
10 
Corps, Dental Corps, Chaplain Service, and Corps of Professors.
11 
Sec. 41. The Women's Auxiliary Corps. - The Women's Auxiliary Corps, as
12 
created by Republic Act No. 3835, as amended, shall be integrated in their respective
13 
Major Service. For this purpose. Republic Act No. 3835 is hereby repealed.
14 
Chapter 4
15 
A. MILITARY EDUCATION AND TRAINING INSTITUTIONS
16 
Sec. 42. Organization, Mission and Function-
17 
(a) The Philippine Military Academy (PMA), AFP Education, Training, and
18 
Doctrine Command, Officer Candidate School (OCS), Non-commissioned Officer
19 
Academy and other military education and training institutions, organized and
20 
estabiished by the CSAFP, with the approval of the SND, shall be under the command,
21 
control and direction of their respective military education and training
22 
Superintendent/Commandant;
23 
(b) the mission, functions, duties and responsibilities of the military education
24 
and training institutions shali be prescribed by the CSAFP, with the approvai of the
25 
SND.
26 
Sec. 43. The Philippine Military Academy (PMA). -
27 
(a) Mandate. The PMA categorized as a special higher education institution, is
28 
the primary training and educational institution of the AFP, which shall be its principal
29 
source of regular officers. PMA shall seek to have its academic program offerings be
30 
accredited by a reputable accrediting agency of national or international standard.
31 
(b) Organization. - The PMA, headed by the Superintendent, shall be organized
32 
as prescribed by the SND, upon the recommendation of the CSAFP.
12


1 
(c) Development. - The PMA, shall determine its teaching, manpower,
2 
curriculum, research and extension thrusts, plans and programs, standards and
3 
budget.
4 
(d) Cadet Corps. - The student body of the PMA shall be known as the Cadet
5 
Corps Armed Forces of the Philippines (CCAFP) and shall have such strength, as the
6 
SND shall determine, upon the recommendation of the CSAFP.
7 
(e) Academic Board. - There shall be an Academic Board organized by the
8 
Superintendent. The Board shall, in accordance with the rules and regulations
9 
prescribed by the CSAFP, have the power to confer baccalaureate degrees upon the
10 
cadets who satisfactorily complete the approved course of study.
11 
(f) Board of Visitors. - The DND shall establish a board of visitors to look into
12 
the academic affairs of the PMA with the end of enhancing its educational systems.
13 
The composition of the Board of Visitors shall be prescribed by the SND.
14 
Sec. 44. Authority to Establish Other Military Training Institutions. - The
15 
President, upon the recommendation of the CSAFP through the SND, is hereby
16 
authorized to establish other military training academies and institutions in the AFP.
17
18 
B. ADMINISTRATION OF MILITARY DISCIPLINES AND JUSTICE SYSTEM
19 
Sec. 45. Military Discipline and Justice. -
20 
(a) There shall be a military discipline and justice system consisting of rules
21 
governing the conduct of military personnel and providing a method of punishment
22 
for the purpose of enforcement of discipline and administration of justice in the AFP.
23 
(b) Military justice shall be applicable at all times and in all places to all persons
24 
subject to military law as defined by existing laws.
25 
(c) The President as Commander-in-Chief and subordinate authorities as
26 
provided for in this Act shall have the exclusive authority to administratively discipline
27 
military personnel for purely service-related offenses or infractions. The power to
28 
investigate and adjudicate administrative cases against military personnel for acts
29 
arising from the performance of official duties shall be under the exclusive jurisdiction
30 
of the AFP.
13


1 
(d) No order of separation, dismissal or discharge from the active service or
2 
acceptance of resignation of Commissioned Officers shall be implemented unless
3 
approved by the President.
4 
(e) There shall be reduction in grade, suspension of active service, and
5 
forfeiture, suspension, or withholding of pay and allowances of Commissioned Officers
6 
found to be administratively liable. The procedure, extent, grounds or system of which
7 
shall be prescribed by the President, as recommended by the SND. Other lower
8 
disciplinary measures against erring Commissioned Officers shall be prescribed by the
9 
SND.
10 
(f) Procedure, extent, grounds or system of reduction in grade, demotion of
11 
rank, suspension of active service, and forfeiture, suspension or withholding of pay
12 
and allowances of Enlisted Personnel by the CASFP shall be prescribed by the
13 
President, as recommended by the SND.
14 
C. LEGAL ASSISTANCE
15 
Sec. 46. Extension of Legal Assistance. - All military personnel charged of
16 
service-related or service-connected administrative, civil or criminal offenses, upon
17 
approval of their Chiefs of Component Services, shall be provided adequate legal
18 
representation and assistance by military lawyers or counsel of their own choice until
19 
conclusion of the case. Reasonable allocation can be charged against the fund of
20 
component service to support such case.
21
22 
TITLE III
23 
OTHER BUREAUS AND AGENCIES UNDER THE DEPARTMENT
24 
ARTICLE I - GENERAL PROVISIONS
25 
Sec. 47. Control and Supervision. - The SND shall exercise control and
26 
supervision over the bureaus and agencies under this Title, as well as its personnel.
27 
Sec. 48. Organization. -
28 
(a) Unless otherwise provided by law, the organization, functions, duties and
29 
responsibilities of the staff and operating units of each of the bureaus and agencies
30 
under the DND shall be as prescribed by the SND in appropriate rules and regulations
31 
issued for the purpose.
14


1 
(b) For this purpose, and in the interest of service, the SND may, in accordance
2 
with the policies or directives of the President:
3 
(1) Establish and organize staff, offices and units in the bureaus or
4 
agencies, and prescribe the tities, powers, functions and duties of the positions
5 
therein;
6 
(2) Abolish existing staff, offices and units in the bureaus or agencies
7 
not specifically provided for by iaw, or transfer or consolidate their functions and duties
8 
with other staff, offices or units; and
9 
(3) Aboiish a position of any bureau or agency, and transfer or
10 
consolidate its functions and duties with those of another position.
11 
Sec. 49. Separation Benefits of Officials and Employees of Affected Bureaus or
12 
Agencies. - Government empioyees dispiaced or separated from the service as a result
13 
of the restructuring pursuant to this Act shall be entitled to a separation pay and other
14 
benefits in accordance with existing laws, rules and regulations.
15 
ARTICLE II
16 
THE GOVERNMENT ARSENAL
17 
Sec. 50. Mandate. - The Government Arsenal (GA) shall develop, operate,
18 
maintain and secure facilities for the manufacture of weapons, munitions and other
19 
defense materiei to support the requirements of the AFP, Philippine National Police
20 
(PNP) and other iaw enforcement agencies; and to sell and export products in excess
21 
of the local demand.
22 
Sec. 51. Power and Functions. - The GA shall have the following powers and
23 
functions:
24 
(a) 
Formulate and implement plans and programs towards the achievement
25 
of self-sufficiency in weapons, smali arms ammunition, mortars, medium and large
26 
caliber ammunition and other munitions needed by the country's defense and security
27 
establishments;
28 
(b) 
Design, conduct research, develop, manufacture, procure, repair,
29 
stockpile and allocate weapons, munitions and other defense materiel subject to
30 
existing laws and regulatory requirements;
31 
(c) 
Seli and export products in excess of the requirements of the AFP and
32 
other law enforcement agencies, subject to existing laws;
15


1 
(d) 
Devise ways and means for the efficient mobilization of civilian/private
2 
industry to augment its production for use of the defense and security forces; and
3 
(e) 
Establish, secure and operate government defense manufacturing
4 
plants, as necessary, in strategic locations within the country.
5 
Sec. 52. Organization and Administration. - The GA shall be headed by a
6 
Director with one or more Assistant Directors, who shall support the Director in the
7 
administration, manufacturing, operations and other affairs of the bureau; all of whom
8 
shall be appointed by the President upon the recommendation of the SND, and who
9 
shall have the relevant expertise, training and experience in the field of munitions.
10 
Sec. 53. Modernization of the Arsenal. - The modernization of the GA, for the
11 
development of production capabilities to enhance self-sufficiency in defense
12 
requirements, shall be part of the defense modernization program. The GA may use
13 
such production facilities as it may own or be provided with under this Act or as it may
14 
arrange, under joint venture, co-production or similar agreements with local and
15 
foreign entities.
16 
ARTICLE III
17 
NATIONAL DEFENSE UNIVERSITY
18 
Sec. 54. Transformation of the National Defense College of the Philippines
19 
(NDCP). - In view of the rapidly evolving national and regional security environment,
20 
the current academic trends and research thrusts of defense institutions in the Asia
21 
Pacific, and the increasing need for specialized defense and security courses to
22 
enhance the academic foundation of promoting Philippine national security, the NDCP
23 
is hereby transformed into the National Defense University (NDU) categorized as a
24 
special higher education institution. To ensure the continuous operation of the college,
25 
all its personnel and resources shall be absorbed by the NDU.
26 
The degree programs, instruction, faculty complement, research and facilities
27 
of the NDU shall be accredited by the Commission on Higher Education (CHED). The
28 
NDU shall likewise receive appropriate funding to fulfill the requirements of
29 
transforming into a defense university.
30 
Sec. 55. Mandate. - In accordance with the standards set forth in pertinent
31 
laws and regulations on higher education, the NDU shall train and develop the
32 
competence of potential national defense leaders, civilian officials of the different
16


1 
agencies and instrumentalities of the government, and seiected executives from the
2 
private sector in the formuiation and reviews of nationai security policies and
3 
undertake research and studies as basis for the formulation of national defense and
4 
security policies, plans and programs. The NDU shall be headed by a President, and
5 
assisted by an Executive Vice President, and four (4) Vice Presidents, all of whom shall
6 
be appointed by the President of the Philippines, upon the recommendation of the
7 
SND. The NDU President shall have a term of six (6) years who shall have the following
8 
minimum qualifications:
9 
(a) 
A natural-born citizen;
10 
(b) 
Holder of a masters or doctorate degree on defense and security;
11 
(c) 
Proven track record as an administrator, preferably in the academe,
12 
whether public or private, for at least five (5) years; and
13 
(d) 
Must not have been convicted of any administrative offense and of any
14 
crime involving moral turpitude.
15 
Sec. 56. Powers and Functions. - The University shall have the following powers
16 
and functions:
17 
(a) 
Confer the degree of Master in National Security Administration (MNSA)
18 
upon the graduates thereof;
19 
(b) 
Develop and confer degrees relating to defense and security;
20 
(c) 
Conduct non-degree programs, special course, seminar workshops and
21 
symposia on defense and security;
22 
(d) 
Undertake policy research and special studies on strategic defense and
23 
security issues;
24 
(e) 
Produce research and development output of practical application to the
25 
various organizational units of defense;
26 
(f) 
Establish relevant linkages and outreach programs that are mindful of
27 
service to the various organizational units of defense; and
28 
(g) 
Perform other functions and duties as may be directed by the SND.
29 
Sec. 57. Organization and Administration. -
30 
(a) 
The NDU President shall administer the affairs of the University with the
31 
assistance of the Executive Vice President, who shall act as NDU President in the
32 
latter's absence or incapacity, and shall perform such other functions and duties as
17


1 
may be assigned to him by the NDU President or the SND. There shall be a Vice
2 
President for Academic Affairs, who shall be responsible for the development,
3 
implementation, supervision and evaluation of academic programs; a Vice President
4 
for Research and Special Studies, who shall be responsible for the conduct and
5 
supervision of research work and special studies for the Department; a Vice President
6 
for Military and Security Affairs, who shall be responsible for the overall military and
7 
security support to all the activities of the University; and a Vice President for
8 
Administration, who shall be responsible for the overall administrative support to all
9 
activities of the University.
10 
(b) The University shall have an Academic Board to assist the President
11 
discharge the following functions:
12 
(1) Supervise the academic affairs of the University;
13 
(2) 
Recommend academic 
consultants, 
professors, lecturers,
14 
instructors, research assistants and other resource persons of the University;
15 
and,
16 
(3) 
Recommend the courses of studies to be conducted 
by the
17 
University to accomplish its objectives.
18 
(c) All resource persons of the University, including but not limited, to
19 
academic consultants, professors, lecturers, instructors, thesis advisers, members of
20 
examining and evaluating panels, examiners, correctors, and technicians who are
21 
regularly employed in the Government shall, in addition to their salaries, be entitled
22 
to receive honoraria, fees and other emoluments fixed by the SND, in accordance with
23 
accounting and budgeting rules.
24 
(d) The SND may establish a Board of Regents to assist and advise him in
25 
providing strategic direction and guidance necessary to ensure the accomplishment of
26 
the mandate of the University.
27 
Sec. 58. Transition. - The SND shall determine the appropriate transition period
28 
for NDCP to attain the status and competency of becoming a university, provided not
29 
longer than three (3) fiscal years. Further, Congress shall allocate the necessary funds
30 
for the transformation of NDCP to NDU.
18


1 
ARTICLE IV
2 
OFFICE OF CIVIL DEFENSE
3 
Sec. 59. Mandate. - The Office of the Civil Defense (OCD) shall have the
4 
primary mission of administering a comprehensive national civil defense and disaster
5 
risk reduction and management program during local and national emergencies by
6 
providing leadership in the continuous development of strategic and systematic
7 
approaches, as well as measures to reduce the vulnerabilities and risks to hazards and
8 
manage the consequences of disasters.
9 
Sec. 60. Powers and Functions. - The OCD shall have the following powers and
10 
functions:
11 
(a) Establish and administer a comprehensive national civil defense and civil
12 
assistance program to include the allocation to agencies and local government units
13 
such aid and funds as may be made available by the national and other local
14 
governments, foreign governments, and international and local organizations;
15 
(b) 
Formulate policies and prepare plans for the protection and welfare of
16 
the civilian population in times of war or other national emergencies as may be
17 
determined by the President of the Philippines;
18 
(c) 
Furnish guidance and coordinate the activities of national government
19 
agencies, local government units, private institutions and civic organizations for
20 
natural and human-induced disasters;
21 
(d) 
Develop and coordinate a program for informing, educating and training
22 
the general public, volunteer workers and civil defense groups on civil defense and
23 
assistance measures and activities;
24 
(e) Prepare and disseminate disaster control annuals and other publications
25 
related to measures on disaster prevention and mitigation, preparedness, response,
26 
and rehabilitation and recovery;
27 
(f) 
Advise the SND on matters concerning civil defense and make
28 
recommendations from time to time as may be deemed appropriate or as the
29 
Secretary may require;
30 
(g) 
Provide assistance and secretariat services to the National Disaster Risk
31 
Reduction and Management Council (NDRRMC) to implement the policies as set by
32 
the latter relative to disaster management;
19


1 
(h) 
Furnish guidance to the various provinces, cities and municipalities in
2 
the planning, accreditation, organization and operation of their civil defense
3 
organizations; and
4 
(i) 
Perform such other civil defense functions as may be provided by law.
5 
Sec. 61. Organization. - The OCD shall be headed by an Administrator who
6 
shall also serve as Executive Director of the NDRRMC and, as such, shall have the
7 
same duties and privileges of a department undersecretary. It shall operate under a
8 
duly approved organization and staffing as recommended by the SND.
9 
ARTICLE V
10 
PHILIPPINE VETERANS AFFAIRS OFFICE
11 
Sec. 62. Mandate. - The Philippine Veterans Affairs Office (PVAO) shall be the
12 
government agency responsible for administering the benefits due to veterans and
13 
their qualified beneficiaries, and shall provide medical assistance to veterans pursuant
14 
to existing laws. It shall also administer, maintain and develop military memorials and
15 
battle monuments proclaimed as national shrines.
16 
Sec. 63. Powers and Functions. - The Office shall have the following powers
17 
and functions:
18 
(a) Formulate and promulgate, subject to the approval of the SND, policies,
19 
rules and regulations governing the adjudication and administration of veterans claims
20 
and benefits;
21 
(b) Adjudicate and administer benefits, pensions and other privileges granted
22 
to veterans, their heirs and beneficiaries;
23 
(c) Provide medical care and treatment to veterans pursuant to existing
24 
programs and projects approved by the SND;
25 
(d) Administer, develop and maintain military shrines to promote patriotism and
26 
nationalism;
27 
(e) Formulate policies concerning the affairs, placement and training of former
28 
servicemen, and assist their widows and dependents, and other retired military
29 
personnel;
30 
(f) Undertake the promotion of the general welfare of veterans and their
31 
families; and
32 
(g) Perform such other functions as may be provided for by law.
20


1 
Sec. 64. Organization. - The PVAO shall be headed by an Administrator who
2 
may be assisted by one or more Deputy Administrators, all of whom shall be appointed
3 
by the President upon the recommendation of the SND. It shall have such staff and
4 
other operating units as may be prescribed by the SND.
5
6 
FINAL PROVISIONS
7 
Sec. 65. Impiementing Rules and Regulations. - The DND and all concerned
8 
agencies shall formulate the corresponding IRR for proper implementation of this Act
9 
within six (6) months from the effectivity hereof. The said rules and regulations shall
10 
be approved by the President of the Philippines.
11 
Sec. 66. Appropriations. — The initial funding requirements for the
12 
implementation of this Act shall be charged against existing appropriations of the
13 
concerned agencies and such other appropriate funding sources as the Department of
14 
Budget and Management may identify, subject to relevant laws, rules and regulations.
15 
Thereafter, such sums as may be necessary for the continued implementation of this
16 
Act shall be included in the General Appropriations Act.
17 
Sec. 67. Separability Clause. - If any part or provision of this Act is held invalid
18 
or unconstitutional, other provisions not affected thereby shall remain in full force and
19 
effect.
20 
Sec. 68. Repealing Clause. — All laws, decrees, orders, rules and regulations or
21 
parts thereof, which are contrary to or inconsistent with the provisions of this Act,
22 
shall hereby be repealed or modified accordingly. All affected provisions of existing
23 
laws shall be deemed effective until such promulgation of the IRR.
24 
Sec. 69. Effectivity Clause. - This Act shall take effect fifteen (15) days upon its
25 
complete publication in the Official Gazette ov in at least two (2) newspapers of general
26 
circulation.
Approved,
21