Republic of the Philippines
HOUSE OF REPRESENTATIVE;
Constitution Hills, Quezon Cit

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, 5242

es

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ
——_ ° ———————O_ i ii

EXPLANATORY NOTE

It is provided by the Constitution that the defense of the state
is a prime duty of government, and in the fulfillment of this duty
all citizens may be required by law to render personal military or
civil service. In relation thereto, it is also provided by the
Constitution that the State recognizes the vital role of the youth
in nation-building and shall Promote and protect their physical,
moral, spiritual, intellectual and social well-being. It shall
inculcate in the youth patriotism and nationalism, and encourage
their involvement in public and civic affairs. Based from the
foregoing, it can be seen that two of the State’s duties are to
defend the State and to Promote the overall well-being of the
youth.

Through the passage of this Bill, these two duties of the State
will be fulfilled. Since the preservation of the State is the
obligation of every citizen, it serves only appropriate to
institutionalize the mandatory 2-year Basic ROTC program for the
students of Grades 11 and 12. This way, not only will the youth
be honed into patriotic citizens of our beloved country, but this
will also prime young Filipinos to become ready to protect the
country, should the need arise.


This Bill intends to institutionalize the Basic ROTC program to
students of both private and public institutions in the Philippines
who are enrolled in Grades 11 and 12. The mandatory
requirement of the Basic ROTC program is aimed to instill
patriotism, love of country, moral and spiritual virtues,
respect for human rights and adherence to the Constitution.

In view of the foregoing, the passage of this Bill is earnestly
sought.

uw o.
ERIC L. OLIVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 5242

oo

Introduced by REPRESENTATIVE ERIC L, OLIVAREZ

_—OOO

AN ACT MANDATING THE INSTITUTIONALIZATION,
DEVELOPMENT, TRAINING, ORGANIZATION AND
ADMINISTRATION OF BASIC RESERVE OFFICERS'
TRAINING CORPS (ROTC) IN GRADES 11 AND 12 IN
PUBLIC AND PRIVATE EDUCATIONAL INSTITUTIONS,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7077
OTHERWISE KNOWN AS THE "CITIZEN ARMED FORCES
OF THE PHILIPPINES RESERVIST ACT", AND
APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Short Title. - This Actshall be known as the
"Reserve Officers’ Training Corps (ROTC) Act"

SEC. 2. Declaration of Constitutional Policy. - The prime
duty ofthe government is to serve and protect the people
The government may call upon the people to defend the State
and, in the fulfillment thereof, all citizens may be required,
under conditions provided by law, to render personal military
or civil service. In the same manner, the State recognizes the
vital role of the youth in nation-building, and shall promote
civic consciousness among the youth and shall develop their
physical, moral, spiritual, intellectual and social well-
being.It shall inculcate in the youth patriotism, nationalism,


and encourage involvement in public and civic affairs. Towards
this end, the State shall enhance the capacity of the
nation to produce the needed manpower and to expand
its human resources in times of war, calamities and
disasters, national or local emergencies, and in support
to the government's law enforcement strategy against
crimes, by creating a pool of trained reservists.

SEC. 3. Coverage. - The conduct of military training under
the ROTC shall apply to all students in Grades 11 and
12 in allsenior high schools in public and private educational
institutions.

SEC. 4. Establishment of ROTC Program in All Public and
Private Educational Institutions. -

(a) There is hereby established a mandatory two (2)-year
Basic ROTC program for students enrolled in Grades
ll and 12 which shall form part of the basic curricula
for the Senior High School Education in public and
private educational institutions in pursuance to the
provisions of the National Defense Act and the 1987
Constitution, with the objective of producing well-
trained and prepared reservists for military and
civic service. The ROTC training is aimed to instill
patriotism, love of country, moral and spiritual
virtues, respect for human rights and adherence
to the Constitution. In no way shall the ROTC be used
for political aims, to teach and instill a particular
ideology and as a mechanism for hazing and
abuse.

(b} The ROTC shall include the following program of
instruction:

(1) Enhancing the students consciousness in the
ethics of service, patriotism and nationalism, respect
for human rights, appreciation of the role of national
heroes in the historical development of the country,
strengthen ethical and spiritual values, develop personal
discipline and leadership, and to encourage creative
thinking for scientific and technological development.


(2) Basic military training for students in order to
motivate, train, organize and utilize for national defense
preparedness or civil-military operations: Provided, That no
student below the age of eighteen (18) shall take a direct
part in hostilities

(3) Civic training for students in order to be
active participants and volunteers for the development
and improvement of health, education, ecology and
environmental protection, disaster risk reduction and
management, human and civil rights awareness, and law
enforcement.

(c) Any student who fails to undergo the
mandatory Basic ROTC in accordance with this
Act shall not be qualified for graduation. In
addition thereto, the non-taking of Basic ROTC by
any student shall be a ground for Compulsory
Military Training in pursuance to Section 14 of
Republic Act No. 7077. Any educational institution
that fails to institute and implement the ROTC
Program in pursuance to this Act shall be
subject to disciplinary and administrative
sanctions as the Department of Education (DepEd),
Commission on Higher Education (CHED), and
Technical Education and Skills Development
Authority (TESDA) may impose.

(d) Guided by the provision of Section  4(b)
hereof, theDepartment of National Defense (DND),
DepEd, and TESDA, inconsultation with other
relevant government agencies and private Stake
holders as the Secretary of National Defense may
determine, shall design and formulate the Program
of Instruction (POI) onthe Basic ROTC Program in
Grades 11 and 12, within sixty (60)days from the
approval of this Act and shall jointly issue
the implementing rules and regulations for
the _ effective implementation of the provisions of
this Act.

SEC. 5. Students Exempted from this Act. 3 The
following may be exempted from the coverage of this Act:


(a) Those who are physically or psychologically
unfit, as certified by the Armed Forces of the Philippines
(AFP) Surgeon General or his authorized medical officer,
in pursuance to the recommendation of the educational
institutions where the concerned student is enrolled;

(b) Those that have undergone or are undergoing
similar military training;

(c) Those whowere chosen by their school to serve
as the school’s varsity players in sportscompetitions; and

(d) Those that may be exempted from training
for valid reasons as approved by the DND, upon
recommendation by any educational institution where the
concerned student is enrolled.

SEC, 6. Acceptance for Advance - ROTCStudents who
volunteer for Advance ROTC Program in universities,
colleges, vocational schools and other tertiary institutions
shall be governed by Section 40 of Republic Act No. 7077,
or the Citizen Armed Forces of the Philippines Reservist
Act. The provisions of Sections 42 and 43 of Republic Act
No. 7077in terms of traininguniforms and supplies, and
the scholarship incentive shall remain effective and
applicable for those accepted in the Advance ROTC course.

SEC. 7. Organization Operation and Maintenance of ROTC
Units - The organization Operation and maintenance
for the establishment of ROTC shall be in accordance
With the Sections 41 and 42 of Republic Act No. 7077 which shall
remain effective and operative unless inconsistent with this Act.
National Defense, in consultation with the shall prescribe the
organizational and operational units in public and private
educational institutions and. Provided, that such educational
required to provide an adequate office for the ROTC staff assigned
thereat.

The AFP shall create an office dedicated to the supervision
and administration of the ROTC Program Commands of the AFP
in coordination with the DepEd. and TESDA.

SEC. 8. Incentives for Undergoing ROTC Program.


(a) Subject to other requirements and prescribed regulations,
graduates of Basic ROTC shall be provided
commissionship/lateral entry and enlistment in the National
Police (PNP), Philippine Coast Guard Jail Management and
Penology (BUMP), and Protection (BFP) unless a waiver is issued
by Secretaries of the aforementioned military and forces.

(b) Students undergoing Basic ROTC and those accepted in
the ROTC Advance Course shall be provided with free
hospitalization in any government hospital in case of accident or
injury during the training. Mandatory insurance for students
undergoing ROTC shall be provided by the school where students
are enrolled.

(c) Students undergoing Basic and advance ROTC shall be
given access and privileges with any AFP Commissary and PX
Stores nationwide. The Chief of Staff of the AFP shall issue the
necessary regulations for the implementation of this privilege.

SEC 9, The ROTC Grievance Board - There shall a Reserve
Officers’ Training Corps (ROTC) composed of one (1)
representative from the Defense and two (2) representatives from
the Education with the more senior representative Department of
Education as chairperson. These shall be appointed for their
known integrity, probity and independence. The ROTC Grievance
Board shall have the following powers:

(a) Investigate and resolve any and all complaints, in any form,
involving corruption and abuse in any form, in the ROTC Program.

(b) Ensure that the ROTC Program be free from politicization and
from being used to instill a particular ideology and

(c) Recommended policies and reforms to ensure adherence of the
ROTC Program to the Constitution and all laws penalizing abuse in any
form.
All decisions of the ROTC Grievance Board shall be appealable to the
Office of the President.

SEC. 10. Liability of the Educational Institution - The
instructor or faculty-in-charge of the ROTC shall be responsible
for monitoring the activities involved in the ROTC. The instructor
or the faculty-in-charge must be a duly recognized active
member, in good standing of the faculty at the school in which
the ROTC course is being implemented.


The school or the university and its administrators shall
exercise special parental authority and supervise the
implementation of the ROTC.

In case of violation of any of the provisions of this Act and
other related laws, the instructor or faculty-in-charge and the
school or university and its officials shall be responsible and
liable for any damage or injury caused to a student.

SEC. 11, Funding- The funding requirement to implement
the establishment, maintenance and operations of the ROTC
Program shall be included in the budget of the implementing
agencies/departments in the annual General Appropriations
Act.

SEC, 12, Separabilty Clause- If any provisions of this Act is
held invalid or unconstitutional the other provisions not so
declared shall remain in force and effect.

SEC. 13. Repealing Clause - Pertinent provisions of Republic
Act No. 7077 or the Citizen Armed Forces of the Philippines
Reservist Act and all other laws, decrees executive orders and
rules and regulations contrary to or inconsistent with
provisions of this Act are hereby repealed or amended
accordingly,

SEC. 14. Effectivity - This Act shall effect fifteen (15) days
after its publication in the Official Gazette or in a newspaper of
general circulation.

Approved,