FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 675 
, ;; 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The common experience among nations upon becoming sovereign states is the 
immediate launching of a collective effort to craft a comprehensive national security law. 
The experience of the Philippines upon becoming a sovereign nation on 04 July 1946 
did not fit this model. Instead, we chose to continue adopting for 53 years 
Commonwealth Act Number 1 or National Defense Act that was enacted in 1935. 
The clouds of war were then looming over the Asian Far East. The Japanese 
started waging war against China and there was a perception that Japan was on the 
course of expansionism, which included designs on the Philippine Islands. Our colonial 
masters had just completed War Plan Orange that called for the organization of 
indigenous ground forces to defend their colony, the Philippine Islands, with the United 
States Armed Forces providing a strategic umbrella over the whole American theater of 
operations. These developments were not lost to the Filipino leaders of that era. 
Immediately after the passing of the Tydings-McDuffie Act, which provided for the 
establishment of a commonwealth government in transition for the eventual granting of 
Philippine independence, then Senate President Manuel L Quezon proceeded to the 
United States to discuss the defense of the country. By mutual agreement between US. 
President Franklin D. Roosevelt and Quezon, General Douglas H. MacArthur was 
named military adviser to the commonwealth government. Through MacArthur's efforts 
and those of his principal assistants, United States Army Majors Dwight D. Eisenhower 
and James B. Ord, Bill No. 102 providing for the defense of the Philippines was drafted 
and subsequently passed by the Philippine Assembly on December 20, 1935. On 
December 21, 1935, Quezon, then already President of the Commonwealth Government 
of the Philippines, signed it into law as Commonwealth Act Number 1 otherwise known 
as the National Defense Act of 1935. The National Defense Act of 1935 provided the 
legal basis for contingency planning for the defense of the Philippines under the aegis of 
War Plan'Orange . 
. In the context of War Plan Orange, the US mission to the Commonwealth 
Government of the Philippines proceeded to create only one service, the Philippine 
Army, provided the mechanisms for mobilizing Filipinos for military service in time of 
peace, and gave instructions to the Filipino people on how to conduct themselves when 
the war came. 
That war did come about and eventually came to an end. The provisions of the 
Tydings-McDuffie Act did come into effect and the Filipino nation became the 
independent Republic of the Philippines. The scope of the National Defense Act of 1935, 
therefore, became inadequate the moment we became a sovereign nation and became 
increasingly so as we continued to mature. 
National 
security, 
as 
students 
of policy 
preach, 
is 
a complex and 
multidimensional matter. It must be based on the national principles embodied in the 
Constitution. The National Defense Act of 1935 was based on the 1935 Constitution. A 


• 
national security act must integrate the roles of the economic, social, cultural and 
political dimensions into the comprehensive effort of defense. The national principles 
governing these dimensions as prescribed by the 1987 Constitution differ significantly 
from those in the 1935 Constitution. 
In laying down the national principles, the framers of the 1935 Constitution did 
not have to consider the experiences of a domestically gestated authoritarian rule, bear 
witness to the upheavals of ideological strife, share the euphoria of a people power 
revolution, and wonder at the novelty of people empowerment. The 1935 Constitution 
was a product of the experiences of a people who had just broken out of four centuries 
of colonial rule. The 1987 Constitution is a reflection of the aspirations of a nation that is 
still experiencing growing up pains and has only itself to rely upon. 
After July 4, 1946, the first effort to shape the defense policy in keeping with the 
times was the issuance by President Manuel Roxas on October 4, 1947 of Executive 
Order No. 94, which saw the conversion of the Army of the Philippines to the Armed 
Forces of the Philippines. The enactment of RA No. 422 during the presidency of Elpidio 
Quirino, which authorized the president to reorganize the executive branch of 
government, opened the floodgates for changes in defense policies by executive 
issuances or even department orders. Executive Order No. 389, on recommendation of 
Secretary ,Ramon Magsaysay, reorganized the Armed Forces of the Philippines into four 
major services. Defense policies that were formulated by Congress consisted mostly of 
personnel administration of the Armed Forces of the Philippines. 
The proposed National Defense and Security Act of 2010 (NDSA 2010) 
translates into operational terms the mUlti-dimensional provisions of the 1987 
Constitution that apply to national defense and security. This bill also aims to redirect the 
links of the numerous enabling acts on national defense and security from the National 
Defense Act of 1935 to the 1987 Constitution. 
The NDSA 2010 is founded on seven basic security and defense policies from 
where the principles, processes, structures and critical details cascade into four titles, 25 
articles and 81 sections covering a comprehensive layout of those interdependent facets 
of national life that impinge on national defense and security policy. The proposed law 
provides the mechanism for the coordination of departments and agencies in addressing 
the multi-dimensional facet of national defense and security. The Cluster E of the 
Cabinet will be transformed into the National Command Authority which would have 
added powers than just an interim entity. Also, it seeks to achieve common 
understanding of defense and security issues by providing the facility for consensus 
building and consultation processes, an Asian innate value. By making the National 
Security Council and the Peace and Order Council as consultative entities from which 
the President could harness popular consensus, defense and security policies would 
ensure national commitment. 
In view of the foregoing, passage of this bill is earnestly requested. 
Senator 


-. 
FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 675 
:. 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PROVIDING FOR THE NATIONAL DEFENSE AND SECURITY OF THE 
REPUBLIC OF THE PHILIPPINES, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives in Congress 
assembled 
PRELIMINARY PROVISIONS 
SECTION 1. This act shall be known as the "National Defense and 
Security Act of 2010." 
SEC. 2. Declaration of Principles. -
a. Civilian authority is at all times supreme over the military. The President 
of the Philippines shall be the Commander-in-Chief of the Armed Forces of the 
Philippines and, whenever it becomes necessary, the President may call such 
armed forces to prevent or suppress lawless violence, invasion or rebellion. 
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 the promotion of the general welfare are essential for the 
enjoyment by all the people of the blessings of democracy. 
SEC. 3. Declaration of National Defense Policies. - The national 
defense policy of the State shall be as follows: 
a. Obligation. The obligation to preserve the State is symbiotic between 
the Government, the individual citizen and private sector organizations. The 
security of the State and the freedom, independence, sovereignty and territorial 
integrity of the Republic of the Philippines shall be guaranteed by all citizens for 
personal civil or military service. The government is obliged to encourage all 
citizens and private sector organizations to prepare themselves during peacetime 
for national service in times of war or national emergencies through a system of 
incentives. 
b. Authority. Authority over national defense and security matters shall be 
vested upon persons and entities in accordance with the hierarchy of defense 
conditions set herein. 


• 
c. Organization for National Defense and Security: The organization for 
national defense and security and its operation shall: 
1. Optimize the societal and political processes of a democratic state as 
provided by the Constitution where the Filipino people reign supreme and whose 
active participation and consultation shall be sought; 
2. Adapt as closely as possible to the configuration of Philippine territory 
and exclusive economic zones as defined by international law, conventions and 
other agreements, and mitigate its disadvantageous effects by securing it 
through proactive means; 
3. Consider as a policy-planning imperative the archipelagic nature of 
Philippine territory that is located astride international lines of communications. 
d. Mobilization. The different types and scope of mobilization shall be 
carried out as a means for preparedness as well as in response to a threat of or 
actual aggression, deterioration of internal security conditions, or impending 
calamities and disasters. 
e. Defense Real Estate: Portions of the state's domain determined by law 
as vital to national defense and security shall be placed in the category of 
national parks, held under trust by the defense establishment, the preservation 
and development of which shall be accorded the protection guaranteed by the 
Constitution. 
f. Industrial Mobilization and Convertibility: Planning and programming of 
industrial and infrastructure development to include research and development 
shall consider mobilization for defense as a primary objective and shall be 
subject to concurrence by the National Defense Systems Board. 
g. Defense Education. Internalization of the individual citizen's obligation 
to protect the state shall be made part of the formative and continuing education 
of all citizens. 
ARTICLE 1 - Definition of Terms 
SEC. 4. The following terms, when applied to this Act, shall mean: 
a. National Defense: the mechanism of the state to marshal a nation's 
forces and resources for the purpose of protecting national interests and 
responding to threats thereto. 
b. National Security: the state or condition wherein the national interests of 
the Republic of the Philippines, its sovereignty and territorial integrity, the well 
being of its people and institutions, are preserved, protected and enhanced. 
c. Exclusive Economic lone (EEl): the area which extends to a distance 
of 200 nautical miles beyond and from the baselines from which the territorial sea 
is measured; except that when the outer limits of the zone as thus determined 
overlap the EEl of an adjacent or neighboring state, the common boundaries 
shall be determined by agreement of the parties in accordance with the generally 
recognized principles of international law . 
. d. State of Emergency: an unforeseen combination of circumstances 
which vests the Chief Executive extraordinary powers within the constitutional 
framework to address the situation. 


• 
e. Threat: an act manifesting non-recognition or disregard of Philippine 
sovereignty and national territory; an act by a hostile state demonstrating the 
potential use of force to impose its will on the Filipino nation; a condition or set of 
conditions which demonstrates a potential to affect the security of the state. 
f. Challenge: an act manifesting non-recognition or disregard of Philippine 
rights to Exclusive Economic Zones as provided by international law, treaties and 
agreements. 
g. 
Internal 
Disorders: 
certain 
destabilizing 
conditions to 
include 
insurrection, rebellion, insurgency and other similar conditions which threaten the 
security of the state. 
h. Localized: the definition of an area the coverage of which is not more 
than one province. 
i. Region-wide: an area covering more than one province but within an 
administrative region. 
j. Area-Wide: an area covering more than one administrative region; areas 
within a unified command. 
k. Internal Security Operations: actions taken by the executive branch in 
accordance with the processes provided herein to address internal disorders 
arising either from internal or external causes. 
I. Command: the absolute capability endowed by law to act authoritatively; 
an entity of the state empowered to direct the armed forces. 
m. Armed Forces: when written in the lower case, refers to all uniformed 
services of the government bearing arms; when expressed in full and started with 
capital letters as Armed Forces of the Philippines, refers to the military 
establishment under the Department of National Defense. 
n. Type Command: a subordinate command of a major service that is 
charged with the mission of developing, training, maintaining and providing 
operating forces that perform specific warfare functions. 
o. Forces: formations of manpower, materiel and combat systems capable 
of counteracting threats. 
p. Reserves: those armed forces composed of citizens called to military 
service. 
q. Cadre: the nucleus of commissioned and non-commissioned officers as 
defined by law possessing the technical competence needed to organize, train, 
equip and direct reserve forces; the core framework of reserve forces. 
r. Civil Defense: protective measures and emergency relief activities 
conducted under civilian authority for the purpose of minimizing damage to 
persons or property and for maintaining vital facilities and services during war or 
natural disasters. 
SEC. 5. Defense Conditions and Authority. 
a. Defense Conditions shall be the bases for the designation of persons and 
entities to act in behalf of the state. Defense Conditions, hereinafter referred to 
as DEFCON, are circumstances where the three categories of events --


• 
calamities, internal disorders and externally caused incidents -- acting separately 
or in concert tend to, or actually threaten, the security of the state. The 
combination of the different intensity levels of these events constitutes the 
following hierarchy: 
1. Defense Condition One - Natural calamity or disaster impending; 
absence of threats, internal or external; 
, 
2. Defense Condition Two - State of localized calamity or disaster; state of 
localized' internal disorder; right to exclusive economic zone challenged; 
3. Defense Condition Three - State of region-wide calamity or disaster; 
state of region-wide internal disorder; right to exclusive economic zone is 
threatened; 
4. Defense Condition Four - State of nation-wide calamity or disaster: 
state of nation-wide internal disorder; sovereignty and territorial integrity 
threatened; 
5. Defense Condition Five - Civil war prevailing; war is imminent; 
6. Defense Condition Six - Existence of a state of war. 
b. The following persons and entities are hereby designated to act in behalf of 
the state in accordance with the hierarchy of defense conditions set herein: 
1.Defense Condition One - Director General, Civil Defense Authority. 
2. Defense Condition Two - Director General, Civil Defense Authority; 
Chief, Philippine National Police; and heads of other national law enforcement 
agencies or their delegated subordinates in the furtherance of their mandated 
functions. 
3. Defense Condition Three - The President of the Republic of the 
Philippines in his capacity as Commander-in-Chief of all armed forces or his duly 
delegated subordinate(s). 
4. Defense Condition Four - The President of the Republic of the 
Philippines in his capacity as Commander-in-Chief of all armed forces. 
5. Defense Condition Five - The President of the Republic of the 
Philippines in consultation with the national security entities deSignated herein. 
6. Defense Condition Six - Where material time is available, the President 
seeks authority from the Congress of the Republic of the Philippines; where 
material time is not available the President may invoke his powers to declare 
emergel'lcy measures as provided by the Constitution. 
T'ITLE 1- ORGANIZATION FOR NATIONAL DEFENSE AND SECURITY 
ARTICLE 1 - General Provisions 
SEC. 6. It is the policy of the State to ensure that the mechanism for the 
coordination of departments and agencies in addressing the complexity of 
national defense and security is well established. 


• 
SEC. 7. The evolution of national defense and security policies shall 
undergo processes as prescribed herein: 
a. Consultation: The process by which the Chief Executive seeks a formal 
consensus on policy short of a referendum. This process may be undertaken 
during the formulation of policy and in determining the continuance or 
modification of existing policies. 
b. Advisement: The process by which the Chief Executive seeks technical, 
expertise and other forms of relevant inputs to the formulation, execution and 
review of policy. 
c. Review and Oversight: The process by which the implementation of 
policy is monitored, deviations investigated and continuance determined. 
ARTICLE 2 - National Defense and Security Policy Entities 
SEC. 8. The consultative entities are hereby created: 
a. Peace and Order Councils: The existence of the following levels of 
Peace and Order Council (POC) shall be institutionalized as consultative entities: 
1. National Peace and Order Council 
2. Regional Peace and Order Council 
3. Provincial Peace and Order Council 
4. City Qr Municipal Peace and Order Council 
The Chief Executive, taking into consideration time factors and the extent 
of broad base consultation needed on a certain issue, shall consult the 
appropriate POC level. In the declaration of a defense condition (DEFCON), the 
designated authorities' mandated herein are required to consult the appropriate 
POC starting at DEFCON 3. 
b. National Security Council: The National Security Council (NSC) is a 
consultative entity from where the President generates broad spectrum of 
political support for potentially contentious decisions. The broad spectrum 
political character of the National Security Council shall be composed of the 
following representatives from the legislature and the ranks of the past 
Presidents and past Chief Justices of the Supreme Court: 
1.President as Chairman 
2. Vice-president 
3. Senate President 
4. Speaker of the House of Representatives 
5. Chairman, Senate Committee on Foreign Relations 
6. Chairman, House Committee on Foreign Relations 
7. Chairman, Senate Committee on National Defense and Security 
8. Chairman, House Committee on National Defense 
9. Chairman, Senate Committee on Public Order 
10. Chairman, House Committee on Public Order and Security 
11. Past Presidents of the Philippines 
12. Former Chief Justices, Supreme Court 
13. National Security Adviser 
c. The Chief Executive is required to convene the National Security 
Council for the purpose of the following: 


• 
1. Communicating intention to declare DEFCON 3, 4 or 5; 
2 .• Communicating planning, programming and budget guidance for a 
forthcoming budget call. 
SEC. 9. The following entities shall perform advisory functions: 
a. National Security Adviser: The National Security Adviser is the principal 
advisor of the President on national security matters. He shall also be the 
concurrent Director General of the National Security Council and head of its 
Secretariat. 
b. National Intelligence Agency (NIA): The NIA is the central authority on 
national intelligence. As such, it shall conduct, direct, coordinate and integrate 
government activities involving national intelligence, and the preparation of 
intelligence estimates of local and foreign situations for the formulation of 
national policies. It shall be headed by a Director General. 
c. National Economic and Development Authority (NEDA): The existing 
NEDA shall likeWise serve as an advisory entity. It shall be the focal point for the 
direction, coordination and integration of government activities involving the 
economy and the preparation of estimates and forecasts of the nation's capacity 
to support and/or finance national defense and security objectives on the short, 
medium and long-term bases. 
d. There shall be created a National Defense Systems Board (NDSB) 
which shall be composed of the Secretaries of the following departments: 
1. Department of National Defense - Chairman 
2. National Economic and Development Authority 
3. Department of Budget and Management 
4. Department of Trade and Industry 
5. Department of Public Works and Highways 
6. Department of Environmental and Natural Resources 
7. Department of Transportation and Communications 
8.Department of Health 
9. National Security Adviser 
10. Department of Energy 
e. The NDSB shall perform the following functions: 
1.' Advise the President on matters involving the declaration of certain 
portions of the state's domain as vital to national defense and security thus 
classifying them as defense real estate. 
2. Advise the President on matters involving the national defense and 
security convertibility or dual-use provisions for industrial and infrastructure 
development. 
3. Advise the President on other development projects, such as but not 
limited to, exploitation or utilization of natural resources in or adjacent to declared 
defense real estate. 
4. Recommend to the President such initiatives that relate to defense 
systems. 


The organization, staffing and budget of the National Defense Systems 
Board shall be provided for in an executive issuance by the President. 
SEC. 10 . Review and Oversight. Congress shall be the principal entity 
to conduct periodic review and oversight initiatives over existing national defense 
and security policy established by law. 
ARTICLE 2 - National Command Authority 
SEC. 11. There shall be created the National Command Authority (NCA). 
Its function is to provide prompt operational decision analysis to national level 
defense and security estimates and produce the responsive decision outputs for 
the President. 
The National Command Authority processes requirements for major force 
mobilization and deployments and statements regarding current government 
positions on national defense and security issues. Its organization and staffing 
shall be provided for in an executive issuance by the President. 
, 
S\:C. 12. The National Command Authority shall be composed of the 
following: 
a. The President of the Republic the Philippines as Chairman 
b. Secretary of National Defense 
c. Secretary of the Interior and Local Government 
d. Secretary of Foreign Affairs 
e. Secretary of Justice 
f. Chief of Staff, AFP 
g. Chief, PNP 
h. National Security Adviser 
i. Director General, Civil Defense Authority 
ARTICLE 3 - The Strategic Defense Structure 
SEC. 13. The President shall, within the first year of his administration, 
determine the Strategic Defense Structure (SDS) of the country for joint approval 
of Congress provided, that if no such structure is proposed, the existing defense 
structure shall remain effective for the rest of his administration unless Congress 
initiates amendments thereto or replacements thereof; and provided further that 
the SDS initiated by Congress shall have an effective life of not less than four 
years. 
SEC. 14. The Strategic Defense Structure (SDS) shall prescribe the 
wartime table of organization and equipment, the troop ceiling or percentage of 
peacetime fill-up and the table of distribution of ranks within the prescribed troop 
ceiling. The SDS shall likewise consider the operating environment peculiar to 
the major services of the AFP and set the jurisdictions of Armed Forces of the 
Philippines unified commands and their equivalent in the law enforcement 
. agencies and the Civil Defense Authority. 
SEC. 15. The Unified Commands of the AFP shall serve as command and 
control headquarters of the operational forces provided by the major services and 
as directors of joint and combined operations. The organization of the Unified 
Commands shall as far as practicable recognize the applicability of certain 
warfare functions on the geographic peculiarities and the prevailing threat 
conditions. 


of 
SEC. 16. An Area Commissioner shall be appointed by the President, in 
his capacity as the Commander-in-Chief, when an area-wide state of emergency, 
natural or man-made, is declared in accordance with DEFCONs 3 and 4. His 
tenure of office is coterminous with the stipulated period of emergency granted to 
the President by Congress. His mission is to address the emergency in his area 
of responsibility in conformity with the guidance and policy directives from the 
President. 
ARTICLE 4 - Department of National Defense 
SEC. 17. Organization: The Department of National Defense (hereinafter 
referred to as DND) shall be composed of the Secretary, the Undersecretaries 
and Assistant Secretaries and their immediate staff as determined by them 
respectively and such other bodies as provided by law. 
SEC. 18. The Secretary of National Defense (hereinafter referred to as 
SND) is the head of the Department of National Defense. The SND is the 
principal advisor to the President on national defense matters. The SND shall 
optimize the effectiveness of the DND in guarding against external and internal 
threats to national defense and security; in aSSisting social and economic 
development, and in performing such other functions as may be provided by law. 
The SND shall perform the following duties: 
a. Establish general pOlicies and programs for the national defense 
establishment and for all of the agencies therein; 
b. Exercise general direction, authority and control over such agencies. 
c. Take appropriate steps to eliminate unnecessary duplication or 
overlapping in the fields of procurement, supply, transportation, storage, health 
and research; 
d. Supervise and coordinate the preparation of the budget estimates of the 
departments and agencies comprising the national defense establishment; 
formulate and determine the budget estimates for submittal to the Department of 
Budget 'of Management; and supervise the budget programs of such 
departments and agencies under the applicable appropriation act. 
SEC. 19. Office of the Undersecretaries: 
There shall be three (3) Undersecretaries. The Undersecretaries shall perform 
such powers and duties as the SND may prescribe. They, in the order of 
precedence designated by the President, shall act for and exercise such powers 
and duties of the SND when he is incapable to do so. 
ARTICLE 5 - Armed Forces of the Philippines 
SEC. 20. The Armed Forces of the Philippines (AFP) is the military 
establishment of the country under the command, control and supervision of the 
President of the Philippines as its Commander-in-Chief through the Chief of Staff, 
AFP. Its broad functions are: 
a. Protect the people and the State, and secure the sovereignty of tlie 
State and the integrity of the national territory; 
b. Promote and advance the national interests and objectives; 


c. Plan, organize, develop, maintain and deploy the Base Force and 
Reserve Force for national defense and security 
d. Assist in national social and economic development; 
e. Subject to the provisions of this act, prepare all armed forces for the 
effective prosecution of war and defend the territory of the Philippines against all 
enemies, foreign or domestic; and 
f. Perform such other functions as may be provided by law or assigned by 
higher authorities. 
SEC. 21. The AFP shall be composed of a citizen armed force which shall 
undergo military training and service as provided by law. It shall be organized 
and maintained in a manner that shall render it capable of rapid expansion from a 
peacetime organization to a wartime or emergency organization. It shall comprise 
be composed of: 
a. A Base Force necessary for the day-to-day security of the state. The 
Base Force shall constitute the core formation of the citizen armed force from 
which expansion may be carried through mobilization process. The Base Force 
shall consist of career professional officers, enlisted personnel, reservists called 
to active duty, draftees, trainees and government sponsored Filipino cadets 
enrolled in local or foreign military schools. The officers and enlisted ranks of the 
Base Force shall be drawn proportionately from all provinces and cities as far as 
practicable. 
b. A Reserve Force, which shall be organized, trained, maintained, 
integrated, and test-mobilized and test-deployed annually during peacetime for 
the purpose of employment with the Base Force in times of war or national 
emergencies. All able-bodied citizens shall undergo military training after which 
they shall become reservists with appropriate ranks. 
c. A civilian component maintained through a plantilla approved by the 
proper authorities. 
SEC. 22. The organizing principles of the AFP shall be the following: 
a. The Major Services through their respective commanders are 
responsible to the Commander-in-Chief through the Chief of Staff, AFP and the 
Secretary of National Defense for the development, administration and 
maintenance of forces. The Unified Command Commanders are responsible to 
the Commander-in-Chief through the Chief of Staff, AFP and the National 
Command Authority for the deployment, direction and control of forces. 
b. It shall conform to Section 3 and Sections 15 of Article 3 in the 
organization of the Unified Commands. 
c. It shall develop the capability to participate in the socio-economic 
development program of the government and thereby keep the military within 
mainstream society. 
d: It shall prescribe the manning levels of the Base Force in a manner that 
shall ensure a more predictable base for costing forecasts and programming of 
troop' ceilings. 


SEC. 23. The Armed Forces of the Philippines shall be organized as 
follows: 
a. General Headquarters - the Headquarters of the Commander-in-Chief 
from where administrative and operational matters are planned, executed and 
supervised. It shall be located as close as practicable to the political seat of 
government. 
b. Unified Commands - deploy, direct and control the operating forces. 
c. Major Services - maintain and provide forces peculiar to operating 
environments: 
(1) Philippine Army 
(2) Philippine Air Force 
(3) Philippine Navy 
ARTICLE 6 - General Headquarters, Armed Forces of the Philippines 
SEC. 24. There shall be in the Armed Forces of the Philippines a General 
Headquarters composed of the jOint general, special, technical and such other 
staff offices which may be necessary for the administration and operation of the 
military establishment. It shall be the under the direction and authority of the 
President of the Philippines. It shall: 
a. Prepare.strategic security and defense plans of the AFP; 
b. Prepare logistics plans and assign logistic responsibilities within the 
AFP in a(:cordance with those plans; 
c'. Formulate policies for AFP joint training and coordinate the military 
educaIion of the different major services; 
d. Perform such other functions as the President or the Secretary of 
National Defense may prescribe. 
SEC. 25. The AFP leadership shall be composed of the following: 
a. Chief of Staff, AFP: Shall be with the rank of General Admiral and 
serves as the principal adviser to and heads the General Headquarters of the 
Commander-in- Chief. The Chief of Staff, AFP shall be appointed by the 
President for a term not exceeding three years in accordance with the 
Constitution. However, in times of war or other national emergency declared by 
Congress, the President may extend such tour of duty. 
b. Vice Chief of Staff: Shall be with the rank of Lieutenant General Vice 
Admiral and serves as the principal assistant of the Chief of Staff, AFP. 
c. Deputy Chief of Staff: Shall be with the rank of Lieutenant General Vice 
Admiral and serves as the supervisor and coordinator of the Joint, Special, and 
Technical Staff. 
ARTICLE 7 - Philippine Army 
SEC. 26. The Philippine Army shall be composed of its headquarters, land 


combat and service support units and such other units as may be necessary for 
the conduct of ground operations. It shall be responsible for the preparation of 
land forces necessary for the effective prosecution of war, except as otherwise 
assigned; and, in accordance with the integrated mobilization plans, program for 
the expansion of the peacetime strength of the Army to meet the needs of war. It 
shall be headed by the Commanding General, Philippine Army (CGPA), who 
shall hold the rank of Lieutenant General. 
, 
SEC. 27. The Philippine Army shall: 
·a. Organize, train, equip and employ active territorial and maneuver forces 
for prompt and sustained operations on land; 
b. Prepare such units as may be necessary for the effective execution of 
national defense plans and programs and armed forces missions, including the 
expansion of the peacetime army component to meet any emergency; 
c. Develop doctrines, procedures, tactics, techniques, and organization 
and equipment (to include aviation) peculiar to the Army for uni-service 
operations; 
d. In coordination with the cognizant agencies identified herein, develop 
and maintain strategic resistance areas in the highlands, engagement areas in 
the lowlands, ground lines of support and the command center system specified 
by the strategic defense structure (808); develop and maintain programs for the 
prompt conversion of such public utilities and industries which may be needed in 
the conduct of ground warfare into peculiar warfare formations during 
mobilization. 
e. Organize, train, equip, administer, regularly test-mobilize, and test-
deploy the army reserve component. 
ARTICLE 8 - Philippine Air Force 
SEC. 28. The Philippine Air Force shall be composed of its headquarters, 
air combat and service forces, and such other units as may be necessary for the 
conduct of air operations. It shall be responsible for the preparation of air forces 
necessary for the effective prosecution of war, except as otherwise assigned; 
and, in accordance with the integrated mobilization plans, program for the 
expansion of the peacetime components of the Air Force to meet the needs of 
war. It shall be headed by the Commanding General, Philippine Air Force 
(CGPAF) who shall hold the rank of Lieutenant General. 
SEC. 29. The Philippine Air Force shall: 
a.' Organize, train, equip and employ air forces for prompt and sustained 
air oper.ations; 
b. Provide for air defense; 
c. Organize, train, and equip air forces for airlift, airborne, and tactical air 
operations unilaterally or jointly with ground and/or naval forces; 
d. In coordination with the cognizant agencies identified herein, develop 
and maintain a system of alternative airbases, air corridor components of 
strategic lines of support; develop and maintain programs aimed at the 


• 
propagation of individual aviation skills in the private sector and the prompt 
conversion of the aviation industry into peculiar air warfare formations during 
mobilization. 
e. Formulate and develop doctrines, concepts, systems, procedures, 
strategies, tactics and techniques for operations peculiar to the Air Force; and 
f. Organize, train, equip, administer, regularly test-mobilize, and test-
deploy the air force reserve component. 
ARTICLE 9.- Philippine Navy 
SEC.30. The Philippine Navy shall be composed of its headquarters, 
naval combat forces, service forces, the Philippine Marine Corps and such other 
forces as may be necessary for the conduct of naval operations. It shall be 
responsible for the preparation of naval forces necessary for the effective 
prosecution of war, except as otherwise assigned; and, in accordance with the 
integrated mobilization plans, program for the expansion of the peace-time 
components of the navy to meet the needs of war. It shall be headed by the Flag 
Officer in Command, Philippine Navy (FOIC, PN) who shall hold the rank of Vice 
Admiral. 
SEC. 31. The Philippine Navy shall: 
, 
a.: Organize, train, equip and deploy naval forces for prompt and sustained 
naval operations; 
b. Provide for naval defense; 
c. Secure the country's internal and territorial waters and its interest in the 
exclusive economic zone; 
d. In coordination with the cognizant agencies identified herein, develop 
and maintain the principal and alternate base systems, maritime links to ground 
lines of support, programs aimed at the prompt conversion of maritime industry 
sectors into peculiar naval warfare formations during mobilization, and such 
programs aimed at propagating among private sector individuals and groups 
such maritime skills which can be used for naval warfare. 
e. Prepare the necessary naval units for the effective execution of national 
defense plans and programs and Armed Forces missions, including the 
expansion of a peacetime navy component to meet the needs of war; 
f. Develop doctrines, concepts, systems, procedures, strategies, tactics, 
and techniques for operations peculiar to the Navy; and 
g. Organize, train, equip, regularly test-mobilize and test-deploy the naval 
reserve component. 
SEC. 32. The Philippine Marine Corps (PMC) shall be a type command of 
the Philippine Navy and shall be headed by the Commandant, Philippine Marine 
Corps, who shall hold the rank of Major General. The mission of the Corps is to 
provide combined arms maneuver forces to the unified commands and landing 
forces to Navy fleet forces for the conduct of amphibious operations and such 
other actions essential to the prosecution of naval defense. The Philippine 
Marine Corps shall have the following functions: 


• 
a. Organize, train, equip and maintain units of combined arms for 
amphibious operations, ground combat operations and 
internal security 
operations, and provide coastal artillery defense and early warning and 
surveillarice of maritime corridors and choke points; 
b. Develop in coordination with other services the doctrines, tactics, 
techniques and equipment employed by landing forces during amphibious 
operations: 
c. Maintain deployable forces-in-readiness up to division size; type 
command rear service support units and the core formations of the Marine ready 
reserve forces; 
d. Participate in national socio-economic development and assist in times 
of calamities and disasters; 
e. Perform such other duties as may be directed by higher authorities. 
ARTICLE 10 - Reserve Forces 
SEC. 33. The organization, development, maintenance and direction of 
Reserve Forces shall as much as practicable adhere to the following principles: 
a. Shall be as capable as the Base Forces; 
b. Conform to the organization and training of the Base Forces; 
c. Be established through the same tables of organization and distribution 
as the Base Forces; 
d. Shall be made interoperable with the deployment doctrines of the 
Unified Commands. 
SEC. 34. The development, maintenance, employment and deployment of 
Reserve Forces shall consist of the following process: 
a. Manpower Development Phase. The Major Services through their 
respective Reserve Commands shall maintain a manpower development 
program for the production of the different reservist lists of their respective 
reserve components. Major Service Reserve Commands shall be responsible for 
the registration, individual training and administration of reservists. Under 
peacetime conditions below DEFCON Four, ready reserve lists shall be 
composed of volunteers. Compulsory service may be invoked only when 
DEFCON Four and higher is declared. 
b. Reserve Forces Development Phase. The Major Services through their 
respective Type Commands shall receive from their Reserve Commands 
reservists called for periodic peacetime mobilization and integration into activated 
ready reserve formations in accordance with the doctrine and warfare 
requirements of Unified Commands. Major Service type commands shall be 
responsible for the equipage, unit training, and administration of activated ready 
reserve formations. Activated reservists shall remain in the ready reserve status 
for two years. 
c. Reserve Forces Deployment Phase. Unified Commands receive 
activated ready reserve formations for deployment. Unified Commands shall 


likewise ensure that activated ready reserve formations remain interoperable with 
base forces under their direction. 
d. Civil Defense Deployment Phase. Area directors of the Civil Defense 
Authority assume operational control over activated ready reserve formations 
after their Unified Command deployment. These activated ready reserve 
formations assume civil defense tasks for a period of one year. 
e. Deactivation Phase. Deactivation of activated ready reserve formations 
shall be made after completion of Phases (b), (c) and (d) through their respective 
Major Services upon recommendation of the Civil Defense Authority. 
SEC. 35. The DND shall provide a continuing career development 
program to attract dedicated reservists for service in the reserve cadres. 
ARTICLE 11- Administration and Management of the AFP 
SEC. 36. The administration of the Armed Forces of the Philippines shall 
be the responsibility of the Secretary of National Defense. 
SEC. 37. Personnel Policies. Personnel policies and administration shall 
be in accordance with the following principles: 
a. Recruitment to the Armed Forces shall be governed by the principle of 
equality, without distinction of any kind as to, ethnicity, gender, religion, and 
political beliefs. It shall be limited to natural born citizens in case of officers; 
b. 
Career 
management 
in 
education, 
training, 
assignment 
and 
appointment shall provide for equal opportunities to all members; 
c. Promotion of members of the Armed Forces shall be based on merit, 
efficiency and competence. It shall be governed by the principles of justice, 
equality, fairness, and professionalism; 
d. Members of the Armed Forces shall receive pay, allowances and other 
benefits that shall promote professionalism and afford them a respectable life; 
e. Members of the Armed Forces shall be entitled to retirement and 
separation benefits that shall enable them to live a decent life. Retirement and 
separation benefits shall not be subject to attachment, garnishment, levy, 
execution of any tax whatsoever, neither shall they be assigned, ceded or 
conveyed to any third party; 
f. The process of attrition of members of the Armed Forces shall consider 
the best interest of the service over that of its individual members; and 
g. A pyramidal rank structure for both officers and enlisted personnel for 
the Base Force shall be maintained. The personnel attrited in the process of 
maintaining the pyramidal structure shall be incorporated into the Ready Reserve 
formations. 
TITLE II - INTERNAL SECURITY 
ARTICLE 12 - Policies on Internal Security Operations 


SEC. 39. Policy Declaration. Constitutional guarantees on civil liberties 
shall be upheld during the conduct of internal security operations unless 
suspended through processes prescribed by the Constitution. 
SEC. 40. Office of the Secretary of the Interior and Local Government: 
The Secretary of the Interior and Local Government (hereinafter referred to as 
SILG) shall be the principal adviser to the President on matters pertaining to 
interior and local government matters. The SILG shall optimize the effectiveness 
of the Department of Interior and Local Government (OILG) in the enhancement 
of public safety and peace and order programs by assisting in social, political and 
economic development and in performing such other function as may be 
provided by law. 
SEC. 41. Responsibility for the conduct of internal security operations 
shall be linked with the hierarchy of defense conditions prescribed in Section 10, 
Article 3 of 22 this Act where the Philippine National Police is responsible for 
initiating responses to DEFCON One and Two. Starting from DEFCON Three (3) 
and higher, the Armed Forces of the Philippines shall assume operational 
responsibility over all internal security operations. 
SEC. 42. All law enforcement agencies shall be converted into the 
different categories and types of ready reserve forces as prescribed by pertinent 
enabling laws and their implementing rules and regulations and shall be 
subordinated to the Armed Forces of the Philippines starting from DEFCON Five 
and Six. 
SEC. 43. Ready Reserve Forces may be deployed for internal security 
operations under the operational direction of the Armed Forces of the Philippines. 
SEC. 44. The Commander-in-Chief shall promulgate rules and regulations 
classifying law enforcement agencies into ready reserve forces to provide 
support and assistance to entities of the Civil Defense Authority during different 
OEFCON levels. 
ARTICLE 13 - Organization of Law Enforcement Agencies 
SEC. 45. As much as practicable, law enforcement agencies shall be 
organized along similar lines as the Unified Commands of the Armed Forces of 
the Philippines and the area organizations of the Civil Defense Authority in order 
to ensure interoperability of forces during mobilization for war and national 
emergencies. 
SEC. 46. Law enforcement agencies shall be governed by the pertinent 
enabling acts and their respective implementing rules and regulations pertaining 
to preparations for their role as military reserves. 
TITLE III - SUPPORT FOR NATIONAL DEFENSE AND SECURITY 
ARTICLE 14 - Foreign Policy Support 
SEC. 47. PoliCy Declaration: The Philippines renounces war as an 
instrument of national policy and adheres to the policy of peace, equality, justice, 
freedom, cooperation and amity with all nations. 
SEC. 48. Office of the Secretary of Foreign Affairs: The Secretary of 
Foreign Affairs shall be the principal adviser to the President on matters 


, ' . . 
pertaining to foreign affairs. The SFA shall optimize the effectiveness of the 
Department of Foreign Affairs (DFA) in the enhancement of foreign policy 
pertaining to security and defense and in the conduct of proactive diplomacy for 
the furtherance of Philippine national defense and security interests. 
SEC. 49. The SFA shall be responsible for the determination, initiation and 
entry into multilateral or bilateral defense and security relations with other nations 
in consultation with the SND and SILG. 
SEC. 50. The SFA shall likewise be responsible for the monitoring of 
external dimensions of domestic defense and security situations and the taking of 
appropriate measures abroad in consultation with the SND and SILG. 
ARTICLE 15 - Civil Defense Authority 
SEC. 51. The Civil Defense Authority, hereinafter referred to as the CDA, 
shall be responsible for coordinating at the national level the activities and 
functions of the various agencies and instrumentalities of the national 
government and private institutions and civic organizations devoted to public 
welfare so that the facilities and resources of the entire nation may be utilized to 
the maximum extent for the protection of the civilian populace and preservation 
of property during time of war and other national emergencies, whether natural or 
man-made. 
SEC. 52. The Civil Defense Authority shall have the following functions: 
a. Establish and administer a comprehensive national civil defense and 
civil assistance program; 
b. 
Formulate policies and prepare plans for the protection and 
preservation of the well-being of the civilian populace during wars directly 
involving the Philippines or other national emergencies; 
c. Estimate the total material, manpower and fiscal requirements for 
carrying out the national civil defense and civil assistance program and allocate 
to the provinces and cities such aid in facilities, materials, and funds as may be 
made available from the national government; 
d. Develop and coordinate programs for informing, educating, and training 
the general public, members of disaster councils and volunteer workers on civil 
defense and civil assistance measures and activities; 
e. Furnish guidance to all provinces, cities and municipalities in the 
preparation, organization and operation of its civil defense units; 
f. Advise the President on matters concerning civil defense and civil 
assistance and make such recommendations as may be deemed appropriate or 
as may be required by the President; and 
g. Perform such other functions as may be provided for by law. 
ARTICLE 16 - Defense Real Estate 
. SEC. 53. Defense Real Estate (DRE) refers to portions of the public 
domain set aside and developed for the purpose of enhancing the defense 
posture of the country. ORE shall be classified as national parks. 


, . 
.. 
SEC. 54. In accordance with the provisions of current Strategic Defense 
Structure as stated in Section 20 of Article 7 hereof, the President shall 
determine those portions of the public domain identified as critical to the Strategic 
Defense Structure (SDS) of the country which require classification as Defense 
Real Estate, provided that no reclassification of properties classified as Defense 
Real Estate shall be effected earlier than five (5) years from the date of 
classification as such. 
SEC. 55. Classification and utilization of portions of lands of the public 
domain for infrastructure development other than defense shall first be concurred 
in by the National Defense Systems Board. 
ARTICLE 17 - Industrial Mobilization and Convertibility 
SEC. 56. Industrial mobilization refers to the transformation of industry 
from its peacetime activity to a status necessary to support national defense and 
security objectives. It shall include mobilization of materials, labor, capital, 
production facilities, and transport services essential for national defense and 
security in times of war and other national emergencies. Mobilization may be 
invoked by the President through his powers provided herein or as specified by 
other legislation and executive issuances. 
SEC. 57. Industrial Convertibility refers to a set of actions undertaken by 
the government to ensure that the development of industries and their 
concomitant infrastructure shall consider their potential defense utilization and 
are preplanned for conversion to wartime application. 
SEC. 58. Priorities and Allocations - During DEFCON 4, 5, and 6, the 
Presidel'lt is hereby authorized: 
. a. To require that performance under contracts or orders which he deems 
necessary for national defense and security purposes shall take priority over any 
other contract or order; and 
b. To allocate materials, facilities and resources as he deems necessary 
for national defense and security purposes. 
SEC. 59. Public Utilities and Other Private Enterprises at the Disposal 
of the State. During the appropriate DEFCON level, the President may direct 
the temporary takeover or direct the operation of any public utility and such other 
businesses affected with public interest by the armed forces or other government 
agencies in order to ensure their unhampered operation. Public utilities and such 
other businesses affected with public interest shall refer to any establishment, 
firm or corporation which provides materials or services to the public such as 
electricity, natural gas, mineral oil and its derivatives, communications, 
transportation, water works and sewerage systems, shipyards, shipping, civil 
aviation, hospitals and clinics, mass media, architectural and engineering firms, 
and such other facilities whose products and services are vital to national 
defense and security. 
SEC. 60. Indemnity - In case of any physical damage incurred by an 
industrial facility directly or indirectly resulting from the government takeover or 
supervision and control of such facility, the person(s) owning the facility shall be 
appropriately compensated. 


SEC. 61. The President shall promulgate such rules and regulations that 
shall govern the"provisions of this Article. 
ARTICLE 18 - Defense Education 
SEC. 62. The Department of National Defense shall maintain a defense 
and security education system that is formative, firm, progressive and continuing. 
This 
d~fense and security education system shall address the need of 
internalizing in the citizenry their obligation to preserve the state; in the active 
militarY professionals the vocation of their career, and in the political leadership 
sector the skills in formulating national defense and security policy. 
SEC. 63. The Armed Forces of the Philippines shall operate the Philippine 
Military Academy that shall provide the formative education for cadets chosen to 
become career military officers. 
SEC. 64. The Department of National Defense shall enter into 
arrangements with learning institutions, local or foreign, for the conduct of such 
education, training and research programs designed to keep the defense 
establishment abreast with current trends and developments. 
SEC. 65. The Armed Forces of the Philippines shall maintain a military 
education and training system that shall: 
a. Cater to the career development of military professionals and selected 
members of the reserve: 
b. Ensure access to mainstream technology advances, and; 
c. Keep abreast with developments in warfare associated with the 
operating environments peculiar to the major services. 
SEC. 66. The Department of National Defense shall operate the National 
Defense University that shall provide education for selected career military 
professionals, career executives in the civil service, leaders of industry and 
selected scholars from the private sector. The NDU shall maintain a strategic 
research and special studies institute. Civil service regulations may be waived in 
matters pertaining to the faculty and research staff of the NDU provided the rules 
and regulations therefore shall be prescribed by SND. 
ARTICLE 19 - Resource Allocation 
SEC. 67. The Congress of the Philippines shall, from time to time but shall 
be at feast once a year, require the executive branch to submit a forecast of 
defense and security conditions and define the corresponding mobilization 
respons~s which shall constitute as a prerequisite process to the deliberations on 
the General Appropriations Act. 
SEC. 68. The Congress shall ensure continuity of national defense and 
security objectives through the enactment of multi-year appropriations. 
SEC. 69. The Congress shall likewise ensure that fidelity to the 
development, modernization and upgrade programs of the major services is 
attained through the classification of their type commands to key budget item 
status. 


,,,", '-
TITLE IV - FINAL PROVISIONS 
ARTICLE 20 -Transitory Provisions 
SEC. 70. The Secretary of National Defense shall initiate the legislative 
process required for the categorization of all existing military camps and 
installations, defense reservations and infrastructure as national parks. The limits 
and boundaries shall be as they were originally intended in their respective 
legislation or proclamations, unless subsequent legislation, amendments thereto, 
or proclamations have altered such limits and boundaries. 
SEC. 71. The current Office of Civil Defense under the Department of 
National Defense shall be transformed into the Civil Defense Authority, placed 
directly under the Office of the President. 
SEC. 72. The Secretary of National Defense shall, within two years after 
the passage of this law, in conjunction with existing retirement laws, related 
executive issuances and provisions herein, promulgate a ten-year program of 
promoting the transfer of reserve officers in the active service and enlisted 
personnel, through optional retirement or other incentives, to the cadre service of 
the ready reserve forces. 
ARTICLE 21 - Separability and Repealing Clauses 
SEC.73. Separability Clause: If for any reason, any provision of this Act 
is declared invalid or unconstitutional, the remaining provisions not affected 
thereby shall continue to be in full force and effect. 
SEC. 74. Repealinq Clause: All laws, decrees, executive orders, 
proclamations, rules and regulations, and other issuances, or parts thereof, 
which are inconsistent with the provisions of this Act are hereby repealed or 
modified accordingly. Provisions of the Administrative Code of 1987 inconsistent 
with this Act are hereby amended. 
SEC.75. Effectivitv: This Act shall take effect after fifteen (15) days 
following its complete publication in the Official Gazette or in any two (2) 
newspapers of general circulation. 
Approved,