FIFTEENTH CONGRESS OF THE REPUBLIC )

OF THE PHILIPPINES
First Regular Session

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SENATE vusewer = kt
s.No. 995°

Introduced by Senator Manuel “Lito” M. Lapid

EXPLANATORY NOTE

The bill seeks to provide for the establishment of educational
assistance and training programs for the enlisted personnel in the Armed
Forces of the Philippines. Under this measure, the beneficiaries shall have
the luxury of choosing to undertake four-year diploma courses or short-term
courses intended to enhance their competence and skills in performing
their duties while on active service and to improve their chances of getting
hired after their tour of duty. In the appraisal for promotions, attendance to
the abovementioned courses will be considered aside from the meritorious
services rendered by the enlisted personnel.

In cases where an enlisted personnel elects not to avail of the
program, he/she can transfer such entitlement to his/her spouse or
dependents. If a member dies while on active duty, the remaining years of
his/her educational assistance may be availed by the surviving spouse or
dependent children.

In view of the foregoing, immediate approval of this bill is earnestly

wm

iL “LITO” M. LAPID
Senator

requested.



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FIFTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES. )
First Regular Session ) ) QW -B P12

SENATE
s.No. 995

Introduced by Senator Manuel “Lito” M. Lapid

. AN ACT

ESTABLISHING AN EDUCATIONAL ASSISTANCE AND TRAINING
PROGRAM FOR ENLISTED PERSONNEL OF THE ARMED FORCES OF
‘THE PHILIPPINES (AFP) AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “AFP
Education and Training Assistance Act of 2010.”

SEC. 2. Declaration of Policy. - To encourage enlistments for service on
active duty in the armed forces, the Department of National Defense (DND) shail
establish a program that will provide educational assistance to all qualified enlisted
personnel. This is in accordance with Article XVI, Sec. 5(2) of the Philippine Constitution
which provides that the State shall strengthen the patriotic spirit and nationalist
consciousness of the military, and respect for peoples’ rights in the performance of their
duty,

SEC. 3. Definition of Terms. - For the purpose of this Act the following
definitions shall apply:

a. __ Enlisted Personnel ~ those belonging to the following grade: Private (E-1),
Private First Class (E-2), Corporal (E-3), Sergeant (E-4), Staff Sergeant
(E-5), Technical Sergeant (E-6), Master Sergeant (E-7) and its equivalent
in the Air Force, Navy and Marines.

b. Educational Assistance for Enlisted Personnel — @ducation and training
opportunities provided to enlisted personnel of the Armed Forces under
this Act. .


c. Dependent Child ~ legitimate or illegitimate child of the enlisted personne!
who is under eighteen (18) years of age.
d. Surviving Spouse — means a widow or widower who has not remarried.

SEC. 4. Establishment of an Educational Assistance and Training
Program. - There is hereby established an Educational Assistance and Training
Program for enlisted personnel of the Armed Forces of the Philippines which shall
provide education and training opportunities to those who satisfy the eligibility
requirements of this Act.

The program shall provide retraining for all qualified enlisted personnel of the
armed forces to upgrade their skills and enhance their chances for post-service
employment. 7

SEC. 5. Eligibility. - A person who meets the following requirements shall
be eligible for educational assistance:

a an enlisted or re-enlisted personnel in the Regular Force of the Armed
Forces of the Philippines (AFP)- Army, Air Force, Navy, and marines;

b. those who have served two (2) continuous years of active duty;

c. those who have graduated from a duly recognised secondary school; and,

d. those who meet such other requirements as the Administrator of this
program may consider for the purposes of this Act and the needs of the

armed forces.

Upon enlistment in the active force, all enlisted personnel shall opt whether or not
to participate in this educational program.

SEC. 6. Period of Eligibility. - The period of educational assistance to
which a person becomes entitled is one (1) standard academic year (or the equivalent)
for each year of the enlistment of such person up to a maximum of four years.

SEC. 7. Education and Training Available. - The following education and
training opportunities are available under the Educational Assistance and Training
Program:

a. courses at recognized colleges or universities leading to a certificate or

diploma in an academic, business, technical or vocational training,

b. work in an apprenticeship or job training program offered by a company or

a union;


rom a cooperative training program;
d. a correspondence or distance learning course; and,
e. remedial and annual refresher retooling courses.

Aside from the meritorious services that have been rendered, the annual
promotion of enlisted personnel will also be based on attendance to refresher/retooling
courses which should not be less than two (2) weeks in duration.

SEC. 8. Duration of Entitlement. - The entitlement of any person to
educational assistance under this bill expires at the end of the ten-year period beginning
on the date of his entitlement. In case a member entitled to educational assistance
under this chapter dies while on active duty, the remaining years of his educational
assistance will be transferred to the surviving spouse or dependent child.

SEC. 9. Application for Educational Assistance. - To receive educational
assistance benefits under this Act, a person entitled to such assistance shall submit an
application to the Administrator in such form and manner as the latter may prescribe.

SEC. 10. Right of Members to Transfer Entitlement to Spouses or
Dependents. -

a An enlisted personnel who is entitled to educational assistance
under Sec. 5 of this Act may elect to transfer all or any part of such
entitlement to his/her spouse or dependent child.

b. __ Ifthe enlisted personnel described in the preceding paragraph dies
before making an election authorized under such paragraph, any
unused entitlement of such person shall be automatically
transferred to such person’s spouse or dependent children. A
surviving spouse to whom entitlement is given may elect to transfer
such entitlement to the dependent children.

c Any transfer of entitlement under this subsection shall be made in
accordance with the regulations prescribed by the Administrator.

d. A spouse/surviving spouse or dependent child to whom entitlement
is transferred under subsection (a) can avail of the educational
assistance in the same manner and at the same rate as the
enlisted personnel from whom the entitlement originated.

SEC. 11. Administration of Program. - To carry out the purpose of this Act,
the present AFP Education and Training Board under the Office of the Deputy Chief of


Staff for Education and Training Policies (OJ-8) is hereby charged with the
impiementation of this law.

For purposes of this Act, the present composition of the Board is hereby
expanded to include the Chairperson of the Commission on Higher Education (CHED)
and the Director General of the Technical Education and Skills Development Authority
(TESDA).

SEC. 12. AFP Education. and Training Fund. - There is hereby created a
special fund, to be known as the AFP Education and Training Fund, which shall be
administered by the Board and from which the benefits under this law shall be sourced,

The AFP Education and Training Fund shall be established out of and
maintained from amounts appropriated pursuant to Section 13 hereof, from donations,
grants in aid and other forms of contributions which may be received by the Board.

SEC. 13. Appropriations. - The amount necessary to implement the
provisions of this Act is hereby authorized to be paid out of savings from the
appropriations of the AFP for the current year. Thereafter, the sums necessary for the
implementation of this Act shall be irtcluded in the annual appropriations of the AFP.

SEC. 14. Annual Report. - The Board shall submit to the President and to
the Congress of the Philippines through the Secretary of National Defense an annual
report on its operations and accomplishments.

SEC. 15. Separability Clause. - If for any reason any provision of this Act is
declared unconstitutional or invalid, such parts not affected thereby shall remain in full

force and effect.

SEC. 16. Repealing Clause. - All laws, orders, decrees, rules and
regulations or part thereof inconsistent with the provisions of this Act are hereby
repealed, modified or amended accordingly.

SEC. 17 Implementing Rules and Regulations. - Within ninety days, from
the effectivity of this Act, the Secretary of National Defense, in coordination with the
AFP Education and Training Fund and all appropriate government agencies shall
promulgate rules and regulations to ensure the effective implementation of this Act.


SEC. 18. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general application.

Approved,