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Republic of the Philippines
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HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4345

HOUSE BILL NO.

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

‘The State has the prime duty to serve and protect its people, especially in times war, calamities
and disasters, etc. This is espoused in Section 4, Article II of the 1987 Constitution which
further states that: "... 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 this regard, it is imperative that the State enhances its capacity to produce the needed
manpower and expand its human resources in times of war, calamities and disasters, national
or local emergencies, by creating a pool of trained reservists.

The proposed measure, which allows for the conduct of civic and basic military training to
students in Grades 11 and 12, shall provide the following incentives for those undergoing the
ROTC program: (1) Eligibility for commissioning/lateral entry and enlistment in the AFP, PNP,
Coast Guard, BJMP, and BFP; (2) Free hospitalization in any government hospital in case of
accident during the course of the training; and (3) Access and privileges to any AFP
Commissary and PX stores nationwide.

In addition, the proposed ROTC program puts emphasis on the development and improvement
of health, education, ecology and environmental protection, disaster risk reduction and
management, human and civil rights awareness, and law enforcement.

This measure is based upon the final version of the ROTC Bill authored by the Honorable
Representatives Abu, Tupas, Violago, Alejano, Escudero, Robes, Nieto, and Sy-Alvarado during
the Seventeenth Congress. I thank them for their work and effort. It is my hope that my inputs
will help in the improvement of the proposed measure,

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

i

)Y MYRA S. TAMBUNTIN¢
2nd District, Parafiaque


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4345

Introduced by HON. JOY MYRA S. TAMBUNTING

‘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 THEEFOR

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

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

SEC. 2. Declaration of Constitutional Policy. — 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. 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 all senior 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 11 and 12 which shall form part of the basic curricula
for the Senior High School Education in any 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 aims to instill patriotism,
nationalism, 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 or instill a particular
ideology and as a mechanism for hazing and abuse.

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) years 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.

‘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.

Guided by the provision of Section 4(b) hereof, the Department of National Defense
(OND), DepEd, and TESDA, in consultation with other relevant government
agencies and private stakeholders as the Secretary of National Defense may
determine, shall design and formulate the Program of Instruction (POI) on the
Basic ROTC program in Grades 11 and 12, within sixty (60) days from 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. - The following may be exempted from the
coverage of this Act:

Those who are physically or psychologically unfit, as certified by 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;

Those who have undergone or are undergoing similar military training; and


(2, Those who 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 ROTC. - Students who volunteer for Advance ROTC
program in universities, colleges, vocational schools and other tertiary institutions shall be
governed by Section 40 of RA 7077, or the Citizen Armed Forces of the Philippines Reservist
Act. The provisions of Section 42 and 43 of Republic Act No. 7077 in terms of training, uniforms
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 Sections
41 and 42 of Republic Act No. 7077 which shall remain effective and operative unless
inconsistent with this Act. The Secretary of National Defense, in consultation with the DepEd
and TESDA, shall prescribe the organization and operational manual of ROTC units in public
and private educational institutions for Grades 11 and 12: Provided, That such educational
institutions shall be required to provide an adequate office for the ROTC administrative staff
assigned thereat.

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

SEC. 8. Incentives for Undergoing ROTC Program. —

a ‘Subject to other requirements prescribed by rules and regulations, graduates of
Basic ROTC shall be eligible for commissionship/lateral entry and enlistment in the
AFP, Philippine National Police (PNP), Philippine Coast Guard (PCG), Bureau of Jail
Management and Penology (BJMP), and Bureau of Fire Protection (BFP) unless a
waiver is issued by the Department Secretaries of the aforementioned military and
civilian armed 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 all students
undergoing ROTC shall be provided by the government as part of the ROTC
Program.

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 be created a Reserve Officer's Training
Corps (ROTC) Grievance Board composed of one (1) representative from the Department of
National Defense and two (2) representatives from the Department of Education with the
more senior representative from the Department of Education as Chairperson. These
representatives 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 for, in the ROTC Program;


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

i. Recommend 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. Separability Clause. — If any provision 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 Force or Armed Forces of the Philippines Reservist Act", and all other laws, decrees,
executive orders and rules and regulations contrary to or inconsistent with the provisions of
this Act are hereby repealed or amended accordingly.

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

Approved,