Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
First Regular Session

House BILL No. 2447

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE
Section 4, Article I of the 1987 Constitution provides:

“SECTION 4. 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.”

This constitutional provision affirms that the defense of the State is primarily the
concern not only of the government but of the people as well. It shall be the responsibility
of every Filipino citizen to defend the security, freedom and independence of the
Philippine Republic by rendering personal, military or civil service. Thus, Republic Act No.
7077, otherwise known as the “Citizen Armed Forces of the Philippines Reservists Act’,
mandated the military training for students enrolled in colleges, universities and similar
institutions of learning and established the Reserve Officers’ Training Corps (ROTC) units
for the purpose of producing enlisted and officer reservists.

Republic Act No. 9163, otherwise known as the “National Service Training
Program (NSTP) Act of 2001", however, made ROTC optional and voluntary. Since the
passage of RA 9163, the number of ROTC enrollees and graduates has declined causing
concerns over the sustainability of the Armed Forces of the Philippines (AFP) reserve
manpower supply and, consequently, on the capacity of the government to respond to
any national threat or national emergency. Reservists are often mobilized to respond to
any national security threat or national emergency. Reservists are often mobilized to
respond to national emergencies, disasters and calamities.


The bill, therefore, seeks to reinstate the mandatory ROTC for all Grade 11 and 12
senior high school students enrolled in all public and private universities, colleges, and
similar learning institutions. Restoring ROTC will motivate, train, organize and mobilize
our students for national defense preparedness. This will also positively shape their
character to become more responsible and dependable citizens. Thus, should the
government need to defend the State, our people will be well prepared for the contingency
to render personal, military or civil service.

In consideration of the foregoing premises, the passage of this bill is earnestly
sought.

LUIS RAY” F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2447

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

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, FURTHER AMENDING
REPUBLIC ACT NO. 7077, OTHERWISE KNOWN AS THE “CITIZEN
ARMED FORCE OR ARMED FORCES OF THE PHILIPPINES RESERVIST
ACT”, AS AMENDED BY REPUBLIC ACT NO. 9163, OTHERWISE KNOWN
AS THE “NATIONAL SERVICE TRAINING PROGRAM AND
APPROPRIATING FUNDS THEREFOR

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 “Senior High School Reserve
Officers Training Corps (ROTC) Act’.

SECTION 2. Declaration of Policy. - \t is the policy of the State to serve and protect the
people. The government may call upon the people to defend the State and, in fulfillment
thereof, all citizens may be required, under conditions provided by law, to render personal,
military or civil service. The State recognizes the 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.

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.


SECTION 3. Definition of Terms -

a) Reserve Force - refers to the organization of trained reservists under the command
of the Armed Forces of the Philippines who may be called for duty in the event of
war, invasion or rebellion; to assist in relief and rescue during disaster or
calamities; to assist in socioeconomic development; and to assist in the operation
and maintenance of essential government or private utilities in the furtherance of
overall mission.

b) Basic Reserve Officers’ Training Corps (ROTC) - refers to a mandatory two (2)
year basic leadership and military training program for students enrolled in Grades
11 and Grades 12 in all senior high schools in public and private educational
institutions.

°C)

Advance ROTC - refers to the optional and enhanced ROTC course that is offered
in universities, colleges, vocational schools and other tertiary institutions.

d) Clustered ROTC Unit - refers to two or more educational institutions that are
strategically grouped together for the purpose of holding ROTC classes in one
location.

e)

Grievance Committee - refers to an independent body that is tasked to investigate
any complaint or allegation of abuse, violence or corruption in any clustered ROTC
unit or any educational institution implementing the ROTC Program.

f) National Grievance Committee — refers to the appellate body that has jurisdiction
to hear appeals on the findings and recommendations of any local grievance
committee.

Public Educational Institutions - refer to educational institutions that are
established and administered by the government.

g

h

Private Educational Institutions — refer to educational institutions maintained and
administered by private individuals or groups.

i) Registration — the act of recording the name and/or other relevant information of
the students who have completed the ROTC Program in Grades 11 and 12 on the
Official list of ROTC graduates. Provided, that the registration that is referred to
under this Act shall not be construed as enlistment in the AFP Reserve or Regular
Force.

SECTION. 4. Coverage. - The conduct of basic military and leadership 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.

SECTION 5. Establishment of the ROTC Program in all Public and


Private Educational Institutions. -

a)

b)

°)

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, Revised
Administrative Code of 1987, 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.

The Basic ROTC, instituted as part of the curricula shall be administered in
accordance with the following modules:

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, human and civil rights awareness and law
enforcement.

4. Preparedness during actual disaster response operations on needs
assessment, improved skills for search, rescue and relief operations, and early
recovery activities. Integration of capacity-building activities revolving around
risk-related situations in order for students to be proactive in lessening the
socio-economic and environmental impacts of disasters including climate
change. These capacity building activities will help build understanding and
skills with the end in view of applying disaster risk reduction and management
principles, concepts, and concrete action steps towards building their
resilience.

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
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 Basic ROTC program in pursuance to this Act


shall be subject to disciplinary and administrative sanctions as the Department of
Education (DepEd) may impose.

d) Guided by the provisions of Section 5(b) hereof, the DND and the DepEd, 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.

SECTION. 6. Schools as Zones of Peace. — Pursuant to Republic Act No. 11188
entitled “Special Protection of Children in Situations of Armed Conflict”, every educational
institution implementing the ROTC under this Act shall comply with the declaration and
guidelines that are provided for under the said law to maintain the neutrality of the schools
as zones of peace.

SECTION. 7. Students Exempted from this Act. - The following may be exempted from
the coverage of this Act:

a) 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.

b) Those who have undergone or are undergoing similar military training

c) Those who were chosen by their school to serve as varsity players in sports
competitions.

d) Those who may be exempted from training for valid reasons as approved by the
DND, upon recommendation by any educational institution:

SECTION. 8. Advance ROTC. - The basic ROTC established in Section 4, paragraph 1
of RA 9163, also known as the “National Service Training Program (NSTP) Act of 2001”,
as a component of the NSTP which forms part of the curricula for students of any
baccalaureate degree course shall be modified or reclassified as the Advance ROTC.
pursuant to Section 39 of RA 7077, or the “Citizen Armed Force or Armed Forces of the
Philippines Reservist Act.”

The Advance ROTC in the tertiary level shall continue as an optional and voluntary
component of the NSTP. Students who volunteer for the Advance ROTC program in
universities, colleges, vocational schools and other tertiary institutions shall remain to be
governed by RA 9163 insofar as they are consistent with this 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. It shall be mandatory for all public and
private universities, college and similar learning institutions to offer and provide a training


school for the Advance ROTC program which shall have a duration in accordance with
the curriculum prescribed by the DND and the Commission on Higher Education (CHED),

The Department of National Defense, in coordination with the CHED, shall
prescribe the curriculum for Advance ROTC and the program of instruction in pursuance
to the applicable provisions of Republic Act No. 7077.

SECTION 9. Organization, Operation and Maintenance of ROTC Units. — The
organization, operation and maintenance for the establishment of the Basic 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, 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.

SECTION 10. Registration in the Reserve Force. — Pursuant to Sec. 14 of Republic
Act No. 7077, a student who has completed the Basic ROTC program in senior high
school shall be registered in the Reserve Force only upon reaching the age of eighteen
(18).

SECTION 11. Guidelines to safeguard students of the Basic ROTC Program. - In
order for the proper and effective implementation of the Basic ROTC Program, the
following policies shall be adopted to prevent the occurrence of hazing, corruption and
other forms of abuses:

a) The Basic ROTC Program prohibits hazing as defined under R.A. 8049, as
amended by R.A. 11053, and as such, adopts the penalties for any act committed
under the provisions of the said law;

b)

Cognizant of the provisions under R.A. 7610 or the “Special Protection of Children
Against Abuse, Exploitation and Discrimination Act’, any physical, sexual or
psychological abuse, emotional maltreatment, or any act by deed which tends to
degrade or demean the dignity of a child/student Is prohibited:

°)

Consistent with DepEd Order No. 40, Series of 2012 on Child Protection Policy,
the Basic ROTC Program proscribes physical, humiliating or degrading
punishments or penalties by a teacher, school administrator, an adult, or any other
child who has been given or has assumed authority or responsibility for
punishment or discipline for an alleged or actual offense for the purpose of
discipline, training or control except for mild to moderate physical exercises such


as push-ups, sit-ups and running within the medically recommended limit for the
concerned age group;

d

In case of the School Officials or employees of public or government educational
institutions, who shall accept any gift from any student, or from any parent/guardian
of the student, or who shall commit other practices contemplated under R.A. 3019
on “Graft and Corrupt Practices Act’ and the Revised Penal Code on Bribery and
Corruption the maximum penalty shalll be imposed;

e)

The penalties provided under the Revised Penal Code for the Crimes of Bribery
and Corruption shall be imposed upon school officials or employees of private
educational institutions who shall accept directly or indirectly, any gift, in cash or in
kind, from any student, or from any parent/guardian of the student in relation to or
pertinent with the conduct of the Basic ROTC training program.

SECTION 12. Establishment of Grievance Committees. —

a. A Grievance Committee shall be formed from a cluster of educational institutions
that shall receive complaints and/or motu propio conduct investigations on any
compiaint or allegation of abuse, violence or corruption in any educational
institution implementing the Basic ROTC Program;

b. Every Grievance Committee shall be composed of three members, to be chosen
by the Secretary of National Defense and the Secretary of Education: one (1)
District Commandant from the DND, one (1) District Schools Supervisor from the
DepEd, and one (1) Legal Officer from the DepEd;

c. The DepEd and the DND shall formulate the manner by which the educational
institutions implementing the Basic ROTC shall be clustered for the efficient
resolution of grievances;

d. The Grievance Committee shall function as an independent investigative body,
which shall formulate the recommendation to the proper disciplinary authority that
has jurisdiction over the respondent, depending on whether he/she belongs to the
military for which purpose, the Articles of War shall be employed. Whereas, for
school officials and/or employees of public and private educational institutions, the
provisions of R.A. 6713 or the Code of Conduct of Public Officers and Employees
and other relevant laws on the matter shall be applied. This 1s without prejudice
to administrative cases that may be filed pursuant to the Civil Service rules for
public officers and employees involved in the complaint.

e. Nothing herein shall prevent any person from filing directly with the regular courts
any incident of violation of Republic Act 11053 or the Anti-Hazing Act of 2018.


SECTION. 13. Powers and Duties of the Grievance Committee — In view of the laws
providing protection for children, every Grievance Committee shall be pro-active in its
duty to:

1) Encourage the reporting of any incident of hazing, violence, abuse and corruption
in every clustered ROTC unit;

2) Motu propio or upon a complaint filed by any person, investigate, any act of hazing,
violence, abuse and corruption in the clustered ROTC unit;

3)

Issue preventive suspension orders against officers of the ROTC or any school
employee involved in the training within three (3) days: (a) upon receipt of the
complaint, or (b) after initiation of the motu proprio investigation, to preclude him
from exerting undue influence over the complainant and impede the normal course
of the investigation;

4) Recommend the appropriate action for any offense committed in the clustered
ROTC unit to the proper disciplinary authority which has jurisdiction over the
respondent within fifteen (15) days (a) upon receipt of the complaint, or (b) after
initiation of the motu proprio investigation;

5)

Monitor all complaints filed with the Committee and maintain an updated record of
the status of each case;

6)

Provide the parties of the complaint its findings and recommendations within thirty
(30) days upon receipt thereof.

7)

Promulgate rules and regulations necessary to carry out its objectives, functions
and disciplinary procedures;

8) Performs such other functions as may be provided by law.

SECTION 14. National Grievance Committee. - There is hereby established a National
Grievance Committee (NGC) composed of the Secretary of National Defense or his
permanent authorized representative, the Secretary of Education or his permanent
authorized representative, and the Secretary of Justice or his permanent authorized
representative.

The NGC shall receive appeals on petitions for review from the
findings/recommendation of any of the Grievance Committees. It shall provide the parties
of its decision within fifteen (15) days, counted from the time of receipt of the petition. Any
resolution of the NGC shall be final.

SECTION 15. Incentives for Undergoing the ROTC Program. —
a. Subject to other requirements that may be prescribed by rules and regulations,
graduates of the Advance 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 (BUMP), 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 the 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 the students are enrolled.

c. Students undergoing the Advance ROTC shall be given access and privileges with
any AFP Commissary. The Chief of Staff of the Armed Forces of the Philippines’
shall issue the necessary regulations for the implementation of this privilege.

SECTION 16. Classification of ROTC Students. - Grades 11 and 12 students who are
enrolled in the ROTC program shall be recognized as civilians in law.

SECTION 17. ROTC Instructors’ Capacity Development and

Enhancement Program. — There is hereby created and established a training program
for ROTC instructors, to ensure that they meet the highest physical and moral standards
to teach and carry out the ROTC program. The Instructors’ Program shall be developed
and administered under the guidance and tutelage of the DND and the DepEd.

A comprehensive training manual shall be developed for the conduct of these
trainings, incorporating among other things, gender-appropriate and child-sensitive
awareness, familiarity with relevant laws on the ROTC, Special Protection of Children,
other domestic laws and _ international obligations necessary and appropriate to
guaranty the integrity and the highest standard of moral scruple for the implementers’ of
the ROTC Program.

SECTION 18. Budget Appropriation. - The funding requirement necessary to implement
the establishment, maintenance and operations of the Basic ROTC Program shall be
included in the budget of the implementing agencies/departments, which is the DND and
the DepEd, in the annual General Appropriations Act in the year following its enactment.

SECTION 19. Implementing Rules. - The DND and DepEd shall have the joint
responsibility for the adoption of the implementing rules of this Act within sixty (60) days
from the approval of this Act.

SECTION 20. Transitory Provisions. — In order to manage the initial implementation of
the ROTC Program in senior high school, the DND, and the DepEd shall within six (6)
months from the effectivity of this Act, design, institute and implement a Pilot Program.

The DND and the DepEd shall jointly submit an annual review and evaluation
report to Congress on the implementation of the Pilot Program. Upon review and approval


by Congress, the framework utilized under the Pilot ROTC shall become the standard for
the full national implementation of the Basic ROTC Program.

SECTION 21. Joint Congressional Oversight Committee. — A Joint Congressional
Oversight Committee is hereby created to oversee, monitor and evaluate the
implementation of this Act.

The Oversight Committee shall be composed of five (5) members each from the
Senate and from the House of Representatives, including the Chairman of the Committee
on Education, Arts and Culture of both Houses. The membership of the Committee of
every House shall have at least two (2) opposition or minority members.

SECTION 22. Mandatory Evaluation and Review - The DND and the DepED shall jointly
conduct an annual review and submit a report to Congress on the status of the
implementation of the Basic ROTC Program one year after its full implementation.

SECTION 23. Penal Provisions. — Offenses committed by persons involved in or in
relation to the implementation of this Act shall be subject to penalties in accordance with
the applicable laws, rules and regulations. Grades 11 and 12 students undergoing the
Basic ROTC Program must not be subjected to military law.

SECTION 24. Offenses Punishable Under Existing Laws. - For acts already penalized
under existing laws such as corruption, graft, hazing, sexual harassment, and other
abuses committed by persons authorized to administer the Basic ROTC and deployment
of the Corps, the maximum penalty imposable under existing laws shall be imposed.

SECTION 25. Separability Clause. - \f any provision of this Act is held invalid or
unconstitutional, the other provisions not so declared shall remain in force and effect.

SECTION 26. Amendatory Clause. - Section 38 and 39 of Republic Act No. 7077 and
Section 4 of Republic Act 9163, are hereby deemed amended and modified accordingly.

SECTION 27. Repealing Clause. - All other laws, executive orders, presidential decrees,
tules and regulations inconsistent with any provisions of this Act are hereby repealed,
amended or modified accordingly.

SECTION 28. Effectivity. - This Act shall take effect fifteen (15) days following its
publication in at least two (2) newspapers of general circulation

Approved,