Sixteenth Congress
Second Regular Session

HOUSE BILL NO. 5865

Introduced by Honorable Felix William B. Fuentebella

EXPLANATORY NOTE
This bill seeks to strengthen the national security of the Philippines.

Strengthening national security requires an improved defense system
anchored on the capabilities of the country’s armed forces and police forces,

This proposed measure intends to provide the Armed Forces of the
Philippines and the Philippine National Police with improved capabilities in
manpower, equipment and facilities to better address the assessed threats on the
country’s defense and security, both internal and external,

The enhancement of the manpower and logistic capability of the AFP and
the PNP is needed to ensure sustained law enforcement, public security, and
internal security operations, and the security of the sovereignty of the State and
the integrity of the national territory. The importance of an enhanced
coordination mechanism between the AFP and PNP also needs to be
emphasized to ensure the success of operations on the field and to
institutionalize inter-operability between them including the use of compatible
communications equipment.

‘The defense of the State is the concern of all the people and not only of
the government. Every citizen must be ready to answer the call of the
government to assist in the defense of the country. The National Service
Training Program as established under Republic Act No. 9163, also known as
the “National Service Training Program (NSTP) Act of 2001,” should be
modified by changing the service components into more relevant components
suitable to the needs of the country. It is proposed that the NSTP will now
consist of the following service components:



(1) Reserve Officers’ Training Service;

(2) Enlisted Reservists’ Training Service;

(3) Disaster Preparedness Training Service; and,

(4) Humanitarian Aid and Other Assistance Training Service.

State universities and colleges will be required to offer the Reserve
Officers’ Training Service and the Enlisted Reservists’ Training Service to all
their students who will also be granted preference in joining the AFP and PNP
subject to other requirements of existing laws, rules and regulations.

In order to support the budgetary requirements for the enhancement of the
capabilities of the AFP and the PNP, this measure also secks to appropriate an
annual budget for each of the AFP and PNP of an amount not less than one
percent (1%) of the total national budget which will be administered by the
Secretary of National Defense and Secretary of the Interior and Local
Government, respectively.

In view of the foregoing, approval of this bill is earnestly recommended.

FELIX WILLIAD
\

EBELLA


Sixteenth Congress
Second Regular Session

HOUSE BILLNo, _ 5865
Introduced by Honorable Felix William B, Fuentebella

AN ACT
STRENGTHENING THE NATIONAL SECURITY OF THE
PHILIPPINES, AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Declaration of Principles. —The State adheres to the
following principles:

a) — Civilian authority is, at all times, supreme over the military. The
Armed Forces of the Philippines is the protector of the people and the State. Its
goal is to secure the sovereignty of the State and the integrity of the national
territory.

b) The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend the State and, in
the fulfillment thereof, all citizens may be required, under conditions provided
by law, to render personal, military or civil service.

c) The maintenance of peace and order, the protection of life, liberty,
and property, and promotion of the general welfare are essential for the

enjoyment by all the people of the blessings of democracy.


Pursuant to these principles, the State shall promulgate measures which
will (1) provide the Armed Forces of the Philippines (AFP) and the Philippine
National Police (PNP) with improved capabilities and the necessary mechanism
for enhanced coordination to better address the existing and emerging issues
and concerns on national defense and security of the country; and (2) ensure that
a national mobilization shall be effectively carried out in any case of threatened

or actual aggression.

SEC, 2. President as Commander-in-Chief of AFP. — The President
shall be the Commander-in-Chief of all armed forces of the Philippines and

whenever it becomes ne ry, he may call out such armed forces to prevent or

suppress lawless violence, invasion or rebellion.

SEC. 3. President as Chief Executive. — The President, as chief
executive, shall exereise control and supervision over all police forces through
the National Police Commission (NAPOLCOM),

SEC. 4. Coordination During Law Enforcement Operations. ~The AFP
and the PNP, in coordination with the Office of the Presidential Adviser on the
Peace Process, shall review, clarify and strengthen the Joint AFP/PNP
Operational Guidelines for Ad Hoe Joint Action Group (AHJAG) especially in
the area of coordination during law enforcement operations against high value
targets.

SEC. 5. Inter-operability Between Government Agencies. — The AFP

and PNP shall jointly review related provisions of their respective written


manuals and protocols to synchronize, reconcile and institutionalize inter-
operability not only between these two agencies but also with other relevant
government agencies. The National Crisis Management Core Manual is one of
the essential references that may be used by the AFP and PNP for purposes of
the joint review.

SEC. 4, National Service Training Program. — The National Service
Training Program, as established under Republic Act No. 9163, also known as
the “National Service Training Program (NSTP) Act of 2001,” shall continue to

form part of the curricula of all baccalaureate degree courses and of at least two

(2)-year technical vocational courses and as a requisite for graduation, and shall

now consist of the following service components:

1) Reserve Offic raining Service;

2) Enlisted Reservists’ Training Service;

3) Disaster Preparedness Training Service; and

4) Humanitarian Aid and Other Assistance Training Service.

State universities and colleges shall offer the Reserved Officers’ Training
Service and the Enlisted Reservists’ Training Service components and at least
one other component as provided herein. All four (4) components herein shall
instill patriotism, moral virtues, respect for rights of civilians, and adherence to
the Constitution, among others. The Commission on Higher Education and

Technical Education and Skills Development Authority, in consultation with the

Department of National Defense, Philippine Association of State Universities


and Colleges, Coordinating Council of Private Educational Associations of the
Philippines and other concerned government agencies, may design and
implement such other program components as may be necessary in consonance
with the provisions of this Act.

S|

. 5. Preference and Rank When Joining the AFP. — All students
who enrolled in the Reserve Officers’ Training Service or the Enlisted
Reservists’ Training Service under the NSTP and who graduated with honors
shall be granted preference when they join the active service of the AFP, subject
to other requirements under existing laws, rules or regulations, and upon
completion of the necessary Officer Candidate Course or any equivalent course

required by the major services of the AFP, shall be commissioned as a second

lieutenant in the regular force of the AFP.

The same preference shall be granted to student who enrolled in the
Reserve Officers’ Training Service or the Enlisted Reservists’ Training Service
under the NSTP and who graduated with honors who will join the PNP.

SEC. 6. Legal Assistance to AFP and PNP Members. ~The Secretary of
Justice, the Chief of Staff of the AFP, the Chairperson of the National Police
Commission (NAPOLCOM) or the Chief of the PNP may authorize lawyers of
their respective agencies to provide legal assistance to any member of the AFP
or PNP who is facing before the prosecutor's office, the court or any competent
body, any charge arising from an incident related to the performance of official

duty: Provided, That government lawyers so authorized shall have the power to


administer oaths: Provided, further, That in such cases, when necessary, as

determined by the Secretary of Justice, a private counsel may be provided at the
expense of the Government. The Secretary of Justice, the Chief of Staff of the
AFP, the Chairperson of the NAPOLCOM and the Chief of the PNP shall
jointly promulgate rules and regulations to implement the provisions of this
Section.

Private lawyers or professional partnerships who shall provide free legal

tance to any member of the AFP or PNP who is facing before the
prosecutor's office, the court or any competent body, any charge arising from an

incident related to the performance of official duty shall be entitled to the

incentives under Republic Act No. 9999, also known as the “Free Legal

ance Act of 2010," subject to the requirements therein,

SEC. 7. Budgetary Policy for the AFP and PNP. ~ Congress shall

appropriate as annual budget for the AFP an amount which shall not be less than
one percent (1%) of the total national budget. This budget allocation shall be
administered by the Secretary of National Defense

Congress shall also appropriate as annual budget for the PNP an amount
which shall not be less than one percent (1%) of the total national budget. This

budget allocation shall be administered by the Secretary of the Interior and

Local Government.


1

‘The annual appropriations for the AFP and PNP shall be utilized to
improve the capabilities of the AFP units and PNP units, respectively, by
increasing their manpower and upgrading their and equipment and facilities

SEC. 8. Appropriations. — The amount of Ten billion pesos
(P10,000,000,000.00) each shall be appropriated to the AFP and PNP annually
to be sourced from the revenue assessed and collected on all local mobile phone
text messages sent from their networks, For this purpose, an excise tax of five
centavos for each text message, which shall be borne solely by the
telecommunications company and shall not be passed-on to consumers, shall be
imposed on all local telecommunications company.

SEC. 9, Separability Clause. — If any provision or part of this Act is
declared invalid or unconstitutional, the remaining parts or provisions not
affected shall remain in full force and effect

SEC. 10. Repealing Clause. ~ Section 4 of Republic Act No. 9163, also
known as the “National Service Training Program (NSTP) Act of 2001,” is
hereby amended acordingly. All other laws, decrees, orders, rules and
regulations, and other issuances inconsistent with this Act are hereby repealed,
amended or modified accordingly

SEC. 11, Effectivity. — This Act shall take effect fifteen (15) days after
publication in the Official Gazette or in a newspaper of general circulation.

Approved,