TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
2b JlJL-7 A 8 -j]
SENATE
Senate Bill No.
146
Introduced by Senator Juan Miguel F. Zubiri
AN ACT
TO ENHANCE THE CAPABILITY AND STREAMLINE THE 
ORGANIZATIONAL ROLE OF THE DEPARTMENT OF NATIONAL DEFENSE 
AND ITS BUREAUS, APPROPRIATING FUNDS THEREFOR AND FOR 
OTHER PURPOSES
EXPLANATORY NOTE
Enacted in 1935, Commonwealth Act No. 1 or the National Defense Act is 
the primary statute that governs the country's defense and security. The passage 
of a new Act to take the place of this 90-year-old law was cited as one of the 
priority legislations of President Ferdinand "Bongbong" Marcos Jr. during his first 
State of the Nation Address in 2022. The measure seeks to amend the 
antiquated 1935 law and provide a change in the military structure of the AFP to 
make it "more responsive to current and future non-conventional security threats 
to the country's territorial integrity and national sovereignty."
To complement the AFP Modernization Program, which is aimed at 
making the Armed Forces of the Philippines more capable in achieving its mission 
of defending the Philippines against all enemies, foreign and domestic, this new 
law empowers the Department of National Defense to be more responsive to the 
current needs and geopolitical dynamics that we face today through enhancing 
the capability and streamlining the organizational role of the DND and its 
bureaus.
In view of the foregoing, the immediate passage of this bill is earnestly
sought.
MIGUEL F. ZUBIRI


2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
)
)
)
JUL -7 AS '5]
SENATE
Senate Bill No. .146
Introduced by Senator Juan Miguel F. Zubiri
AN ACT
TO ENHANCE THE CAPABILITY AND STREAMLINE THE 
ORGANIZATIONAL ROLE OF THE DEPARTMENT OF NATIONAL DEFENSE 
AND ITS BUREAUS, APPROPRIATING FUNDS THEREFOR AND FOR 
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled:
Preliminary Provisions
Section 1. Short Title.
Defense Act."
This Act shall be known as "The National
Section 2. Declaration of National Defense Policies. - The national 
defense policies of the Republic of the Philippines shall be as follows;
a. In defending the Philippines, the paramount consideration shall be national 
sovereignty, territorial integrity, national interest and the broad concern of 
national security;
b. The preservation of the State is the obligation of every citizen. The security, 
freedom and independence of the Philippines shall be guaranteed by the 
employment of all citizens, without distinction of age, gender, civil status, 
ethnicity, and religion, and all resources;
c. The civil authority shall at all times be supreme over the military. The 
President of the Philippines as the Commander-in-Chief of all military forces, shall 
be responsible that mobilization measures are prepared at all times;
d. The national defense organization shall be adapted as closely as possible to 
the territorial and administrative organization of the Philippines;
e. The employment of the nation's citizens and resources for national defense 
shall be effected by mobilization based on the defense posture prescribed in 
defense policies;


1 
f. The mobilization shali inciude the execution of all measures necessary to pass
2 
from a peace to a war footing or in any case of actual invasion or when public
3 
safety so requires as weil as during its transition to normaicy or rehabilitation;
4 
g. The mobiiization pians of financial, industrial, economic, technologicai and
5 
sociai resources of the Philippines shall conform to the defense concept based on
6 
the defense policies and shali be prepared by the executive departments
7 
concerned in accordance with the following general policies:
8 
1. The respective responsibilities of the concerned executive departments
9 
in mobiiization planning wiil be prescribed by the President; and
10 
2. Forces and resources shail be empioyed so as to ensure unity and
11 
continuity of effort until normalcy has been attained;
12 
h. No profit incident to war shaii accrue to any individuai, corporation,
13 
association or partnership.
14 
i. The State values the dignity of every human person, guarantees full respect for
15 
human rights, including but not limited to the rights of indigenous cultural
16 
communities, the equitable rights of women in peace buiiding, gender and
17 
deveiopment, the protection of children and other vulnerable groups, and
18 
adhered to the generally accepted principles of international law, including
19 
applicabie conventions, protocois and other international agreements.
20 
j. The State shall pursue the development of an industrial capacity necessary for
21 
the development of self-reliance defense posture, providing adequate support to
22 
local industries and partnership with internationai entities.
23 
Section 3. Defense Conditions and Authority. - Defense conditions
24 
shali be the bases for the designation of persons and entities to act in behaif of
25 
the state. Defense Conditions, hereinafter referred to as DEFCON, are ieveis of
26 
nationai security - peace, conflict and war - that tend to, or actualiy threaten,
27 
the security of the State. The levei of defense conditions and the persons or
28 
entities designated to act in behaif of the state shail be prescribed by the
29 
President.
30 
Mobilization of Persons and Resources
31 
Section 4. Military Service. - Military service shali be obligatory for ail
32 
able-bodied citizens 18 to 65 years of age, in case of war, invasion, or rebeilion,
33 
as declared by Congress. The methods and procedures for the classification,
34 
selection, examination, induction, training, mobilization, and reiease of ail
35 
citizens from their miiitary obligations shali be prescribed by the President.
36 
Section 5. Registration. - The registration of citizens for obiigatory
37 
miiitary service shall be a military function carried out by the Major Services
38 
through their respective Reserve Commands.
39 
Section 6. Mobilization. - During mobiiization, the President shall have
40 
the power to secure all such resources as may be necessary for national defense.
41 
The President may authorize and delegate the SND to undertake the action and
42 
activities related thereto.


1 
TITLE I
2 
DEPARTMENT OF NATIONAL DEFENSE
3 
Article I - General Provisions
4 
Section 7. Mandate. - The Department of National Defense (DND) is the
5 
primary government agency charged with the duty of implementing the
6 
provisions of this Act. The defense establishment shall maximize its effectiveness
7 
for guarding against external threats to national security, provide support as
8 
directed by the President to conduct operations to address internal threats,
9 
support social and economic development, and promote the welfare of soldiers
10 
and veterans.
11 
Section 8. Powers and Functions of the Department. - To carry out
12 
the above-declared mandate, the DND shall exercise and perform the following
13 
powers and functions:
14 
a. Design, formulate and prepare national defense concepts, policies, strategies,
15 
plans and programs;
16 
b. Formulate, develop and update the national defense policies of the country,
17 
including the mobilization plan for the employment of the country's citizens and
18 
resources for national defense;
19 
c. Develop and build defense capabilities of the Armed Forces to address
20 
readiness and mission requirements and threats;
21 
d. Continue to institutionalize and develop the Defense System of Management
22 
(DSOM) that shall integrate, but shall not be limited to, strategic defense
23 
assessment, planning, resource and financial management, acquisition, controi,
24 
support, administration, and decision-making responsibilities of the SND and
25 
DND senior leaders;
26 
e. Control, monitor, coordinate, supervise and evaluate the implementation of
27 
national defense policies, plans, programs and activities;
28 
f. Exercise supervision and control over the Armed Forces of the Philippines
29 
(AFP), Government Arsenal (GA), Office of Civil Defense (OCD), Philippine
30 
Veterans Affairs Office (PVAO) and the National Defense University (NDU);
31 
g. Formulate, establish, implement, and supervise the quality management
32 
system;
33 
h. Establish, promote and maintain bilateral and multilateral linkages for defense
34 
and military cooperation with its international counterparts for the purpose of
35 
addressing traditional and non-traditional security threats;
36 
i. Implement the country's international defense and security commitments
37 
based on defense and security treaties, cooperation agreements, international
38 
covenants, protocols and other similar arrangements;
39 
j. Develop a Self-Reliant Defense Posture (SRDP) program to guarantee the
40 
enhancement of responsive and progressive capabilities and maximum utilization
41 
of resources; and


1 
k. Perform such other defense-related functions as may be provided by law or
2 
directed by the President of the Philippines.
3 
Section 9. Contracts. - The DND is hereby authorized to enter into,
4 
make, perform and carry out contracts of every class, kind and description which
5 
are necessary or incidental to the performance of its mandate as provided
6 
herein, with any person, firm or corporation, public or private, and with foreign
7 
government entities, subject to the provisions of existing laws, rules and
8 
regulations. Within ninety (90) days from the approval of this Act, the Secretaries
9 
of National Defense, Finance, Budget and Management, Trade and Industry, and
10 
Economy, Planning and Development shall jointly promulgate rules and
11 
regulations to facilitate the importation and exportation of defense articles
12 
compliant with international conventions on the sale, transfer, and trade of such
13 
articles.
14 
Section 10. Administration, Management and Control of Defense
15 
Real Properties. - (a) The Department is hereby authorized to administer,
16 
operate, manage, control, maintain and develop defense real properties for
17 
strategic basing and to use, hold, acquire, or lease any private real property,
18 
right of way, or easement which may be proper or necessary for the
19 
accomplishment of its mandate as provided in this Act.
20 
(b) The sale and/or exchange of strategic defense real properties shall be
21 
prohibited unless otherwise recommended by the SND, approved by the
22 
President of the Philippines, with the consent of Congress.
23 
(c) The lease and/or development of defense real properties, by joint venture or
24 
otherwise shall be allowed upon approval by the President of the Philippines.
25 
Section 11. Special Defense Materiel Acquisition. - Upon prior
26 
approval by the President of the Philippines, and when the procurement for use
27 
by the AFP involves major defense equipment or materiel and/or defense-related
28 
consultancy services, when the expertise or capability required is not available
29 
locally, and the SND has determined that the interests of the country shall be
30 
protected by negotiating directly with an agency or instrumentality of another
31 
country with which the Philippines has entered into a defense cooperation
32 
agreement or otherwise maintains diplomatic relations, the AFP may be allowed
33 
to resort to negotiated procurement: Provided, however, That the performance
34 
by the supplier of its obligations under the procurement contract shall be covered
35 
by a performance security in accordance with Section 39 of the IRR of R.A. No.
36 
9184 or the "Government Procurement Reform Act."
37 
The DND shall give preference to the Self-Reliant Defense Posture as a
38 
means to acquire defense materiel and equipment; Provided, That priority shall
39 
be given to local defense industry manufacturers; Provided, further. That in case
40 
of foreign procurements, the latter must be willing to set up an in-country
41 
manufacturing and production facility with technology transfer schemes and will
42 
undertake to employ Filipino technical skilled workers, scientists and engineers;
43 
Provided, fmaiiy. That collaboration among government, academe and industries
44 
shall likewise be encouraged particularly on defense research and development
45 
(R&D).


1 
The SND is hereby authorized to enter into contracts and agreements
2 
particularly under international defense cooperation agreements with technology
3 
transfer industry development components.
4 
A best rated offer shall be applied for Filipino-owned defense industries
5 
located within the Philippines.
6 
Section 12. Grants and Donations. - The Department, or any of the
7 
bureaus, agencies or offices under it, may accept donations, contributions, and
8 
grants from various sources, domestic or foreign, for purposes relevant to its
9 
functions: Provided, That in case of donations from foreign governments or
10 
persons, acceptance thereof shall be subject to existing laws, rules and
11 
regulations.
12 
Section 13. Defense and Cooperation. - Unless otherwise provided by
13 
the Constitution, the DND may develop, enhance and sustain multi-dimensional
14 
defense and security cooperation and engagements with the defense
15 
establishments and armed forces of other countries, and other regional and
16 
international organizations based on the principle of good governance, and
17 
mutual benefit and respect and in line with the foreign policies of the Philippines.
18 
Article II - Organization
19 
Section 14. Organizational Structure. - The DND shall be composed
20 
of the DND-Proper and its bureaus namely, the Armed Forces of the Philippines
21 
(AFP), Philippine Veterans Affairs Office (PVAO), Government Arsenal (GA),
22 
National Defense University (NDU), and the Office of Civil Defense (OCD).
23 
Section 15. Composition. - The DND-Proper shall be composed of the
24 
Office of the SND and the Offices of the Undersecretaries and Executive Staff.
25 
Section 16. Office of the Secretary. - The Office of the Secretary shall
26 
consist of the SND and his/her immediate staff as determined by him/her.
27 
Section 17. The Secretary of National Defense. - Subject to
28 
qualifications and prohibitions under Republic Act No. 11709 and other existing
29 
laws, the SND shall be appointed by the President, subject to confirmation by the
30 
Commission on Appointments.
31 
Section 18. Powers and Functions of the Secretary. - The SND shall
32 
be vested with the authority and responsibility to have control and supervision of
33 
the DND in the performance of its mandate, and perform such other functions as
34 
may be necessary to attain the objectives of this Act or as may be provided by
35 
law or directed by the President.
36
TITLE II
37
THE ARMED FORCES OF THE PHILIPPINES
38
Article I - General Provisions
39 
Section 19. Mission and Functions. - The AFP is the protector of the
40 
people and the State. Its goal is to secure the sovereignty of the State and the
41 
integrity of the national territory. It shall have the duty to:


1 
a. Defend against all forms of threats to national defense and security;
2 
b. Design, pian, organize, train, equip, deveiop, empioy and sustain its Reguiar
3 
and Reserve Forces for nationai defense and security; and
4 
c. Perform such other functions as may be provided by iaw or assigned by the
5 
Commander-in-Chief.
6 
Section 20. Chain of Command. - The exercise of authority, direction,
7 
command and controi over the AFP shall be carried out through the Chain of
8 
Command, which is the line of authority and responsibility along which orders
9 
are passed, beginning from the President as the Commander-in-Chief, through
10 
the SND, to the Chief of Staff of the Armed Forces of the Phiiippines (CSAFP)
11 
down to the commander of the lowest echelon of command in the AFP: Provided,
12 
That this does not preclude the President from issuing orders directiy to the AFP.
13 
Section 21. Organization and Composition. - The AFP shail be
14 
initially composed of three (3) major services - the Philippine Army, the
15 
Philippine Air Force, and the Phiiippine Navy. The AFP composition shali be
16 
guided by the Table of Organization and Equipment (TOE) prescribed by the SND
17 
upon recommendation of the CSAFP.
18
19
20 
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Article II - The Regular Force 
A. ORGANIZATION AND COMPOSITION 
Chapter I - General Provisions
Section 22. Size and Composition. - The Regular Force, alternately 
referred to as the Standing Force, shaii be initiaily composed of the foliowing:
a. Regular Officers and Enlisted Personnel;
b. Reservists called to active duty, or on active duty tour for training; and
c. Draftees, trainees and government-sponsored Filipino cadets enroiied in
iocal or foreign miiitary schools.
The size and composition of the Regular Force shall be prescribed by the 
TOE as approved by the SND and shali be the basis of manning the AFP.
Section 23. Organizational Principle. - The SND, upon the 
recommendation of the CSAFP, shail organize the AFP into such commands, 
forces and units in accordance with operational requirements. For this purpose, 
the national territory may be divided into such operationai areas as the SND may 
direct.
Section 24. Organizational Structure. - The Regular Force of the AFP
shall consist of the Joint Headquarters; the Joint Force Operational Commands; 
the Component Services nameiy: the PA, the PN and the PAF; and the other 
existing commands, units, and services of the AFP.
Section 25. Operational Principles.
AFP shaii be as foliows:
The operational principles of the


1 
a. The Commander-in-Chief shall exercise command and control through the
2 
CSAFP with the supervision of the SND. The Joint Headquarters AFP, shall be the
3 
command and control element of the AFP;
4 
b. The Joint Headquarters AFP shail exercise centralized command and control to
5 
ensure unity and coordination of efforts throughout the military establishment;
6 
c. The Joint Force Operational Commands as force employers shall be
7 
responsible for the decentralized execution of joint operations to achieve
8 
maximum operational effectiveness within the military establishment unless
9 
otherwise determined by the CSAFP through the supervision of the SND;
10 
d. The Major Services as force providers shall be responsible for the
11 
development, organization, training, equipping, maintenance and sustainment of
12 
combat forces, combat service forces, technical and administrative service, and
13 
combat service support forces;
14 
e. The AFP Reserve Force shall provide for the base of expansion of the Major
15 
Services.
16 
Chapter 2 - The General Headquarters Armed Forces of the Philippines
17 
Section 26. Mandate. - The General Headquarters, which shall be
18 
headed by the CSAFP, shall be the command and control element of the AFP.
19 
Section 27. Organization. - The General Headquarters shall be
20 
composed of the Office of the CSAFP, Office of the Vice Chief of Staff, Office of
21 
the Deputy Chief of Staff, the AFP Joint, Personal and Special Staff and the other
22 
key staff offices and units necessary for effective command and control of the
23 
AFP as recommended by the CSAFP with the approval of the SND.
24 
Section 28. Powers and Functions. - The Chief of Staff shall:
25 
a. Serve as the principal military advisor to the President and the Secretary of
26 
National Defense;
27 
b. Be responsible for the formulation of the national military strategy consistent
28 
with the national defense strategy;
29 
c. Be responsible for the development of the policies, strategies, missions, plans
30 
and programs of the AFP;
31 
d. Prescribe the organization, powers, functions and duties of the various staff,
32 
services, and other units of the AFP in accordance with the national defense
33 
policy.
34 
Section 29. The Joint Staff. - The Joint Staff, as coordinating staff shall
35 
advise and assist the CSAFP in the performance of his/her functions. The
36 
organization, functions and duties of the Joint Staff shall be prescribed by the
37 
CSAFP.
38 
Section 30. Personal Staff. - The Personal Staff, as immediate staff
39 
shall directly advise and assist the CSAFP in the performance of his/her
40 
functions. The organization, functions and duties of the Personal Staff shall be


1 
prescribed by the CSAFP: Provided, That coordination with other staff is not
2 
precluded.
3 
Section 31. Special Staff. - The Special Staff, as specialized, technical
4 
and administrative staff shall advise and assist the CSAFP in the performance of
5 
his/her functions. The organization, functions and duties of the Special Staff shall
6 
be prescribed by the CSAFP.
7 
Section 32. Authority to Reorganize the General Headquarters. -
8 
In the interest of efficiency and effectiveness, the CSAFP, upon the approval of
9 
the SND, may:
10 
a. Establish and organize staffs, offices and units in the General Headquarters in
11 
addition to the AFP Joint, Personal and Special Staff, and prescribe the
12 
organization, mission and functions; and
13 
b. Establish, organize, and/or abolish staffs, offices and units in the AFP and
14 
prescribe their structure, mission, functions, duties and responsibilities, and other
15 
parameters and standards.
16 
Chapter 3 - Joint Force Operational Commands
17 
Section 33. Organization, Mission and Function. - The CSAFP, upon
18 
approval of the SND, shall organize and establish the Joint Force Operational
19 
Commands which shall be under the command, control and operational direction
20 
of its Joint Force Commander: Provided, That the SND, upon the
21 
recommendation of the CSAFP, shall prescribe the mission, functions, duties and
22 
responsibilities and joint area of operations of the Joint Force Operational
23 
Commands.
24 
Section 34. The Philippine Army (PA). - The PA, headed by the Chief
25 
of the Philippine Army, shall provide forces that will be responsible for the
26 
conduct of prompt and sustained joint and combined ground 
operations in
27 
support of the AFP mission. It shali be composed of its headquarters, maneuver
28 
units, and sustainment units and such other units as may be necessary for the
29 
conduct of ground operations.
30 
Section 35. Functions of the PA. - The PA shall:
31 
a. Develop, organize, train, equip, maintain, and sustain such ground forces or
32 
units as may be necessary for the conduct of prompt and sustained operations;
33 
b. Prepare such forces or units as may be necessary for 
the effective
34 
implementation of the national defense plans and programs and armed forces
35 
missions;
36 
c. Formulate and develop, in coordination with the other Major Services,
37 
doctrines, systems, tactics, techniques and procedures peculiar to the Army;
38 
d. Implement mobilization of the Army Reserve; and
39 
e. Perform such other functions and duties as may be provided by law or
40 
assigned by the CSAFP.


1 
Section 36. The Philippine Air Force (PAF). - The PAF headed by the
2 
Chief of the Philippine Air Force shall provide forces that will be responsible for
3 
the conduct of prompt and sustained air operations in support of the AFP
4 
mission. It shall be composed of its headquarters, air combat, combat support
5 
and sustainment units and such other units as may be necessary for the conduct
6 
of air and support operations.
7 
Section 37. Functions of the PAF. - The PAF shall:
8
9
10
11
12
13
14
a. Develop, organize, train, equip, maintain, and sustain such air forces or units 
as may be necessary for the conduct of prompt and sustained operations;
b. Prepare such forces or units as may be necessary for the effective 
implementation of the national defense plans and programs and armed forces 
missions;
c. Formulate and develop, in coordination with the other Major Services, 
doctrines, systems, tactics, techniques and procedures peculiar to the Air Force;
15 
d. Implement mobilization of the Air Force Reserve; and
16 
e. Perform such other functions and duties as may be provided by law or
17 
assigned by the CSAFP.
18 
Section 46. The Philippine Navy (PN). - The PN headed by the Chief
19 
of the Philippine Navy, shall provide forces that shall be employed for the
20 
conduct of prompt and sustained naval operations in support of the AFP
21 
missions. It shall be composed of its headquarters, naval forces, service support
22 
and sustainment units and such other units as may be necessary for the conduct
23 
of naval operations.
24 
Section 47. Functions of the PN. - The PN shall:
25 
a. Develop, organize, train, equip, maintain, and sustain such naval forces or
26 
units as may be necessary for the conduct of prompt and sustained operations;
27 
b. Prepare such forces or units as may be necessary for the effective
28 
implementation of the national defense plans and programs and armed forces
29 
missions;
30 
c. Formulate and develop, in coordination with the other Major Services,
31 
doctrines, systems, tactics, techniques and procedures peculiar to the Navy;
32 
d. Implement mobilization of the Navy Reserve; and
33 
e. Perform such other functions and duties as may be provided by law or
34 
assigned by the CSAFP.
35 
Section 40. Technical and Administrative Service. - Each Major
36 
Service shall develop, organize, train, equip, maintain, and sustain their
37 
respective Technical and Administrative Service composed of but not limited to,
38 
the Judge Advocate General Service, Medical Corps, Veterinary Corps, Medical
39 
and Administrative Corps, Nurse Corps, Dental Corps, Chaplain Service, and
40 
Corps of Professors.


1 
Section 41. The Women's Auxiliary Corps. - The Women's Auxiliary
2 
Corps as created by Republic Act No. 3835, as amended, shall be integrated to
3 
their respective Major Service. For this purpose, R.A. No. 3835 is hereby
4 
repealed.
6 
Chapter 4 — Military Education and Training Institutions
7 
Section 42. Organization, Mission and Function. - (a) The Philippine
8 
Military Academy (PMA), AFP Education, Training, and Doctrine Command,
9 
Officer Candidate School (OCS), Non-Commissioned Officer Academy and other
10 
Military Education and Training Institutions organized and established by the
11 
CSAFP with the approval of the SND shall be under the command, control and
12 
direction of their respective Military Education and Training
13 
Superintendent/Commandant.
14 
(b) The mission, functions, duties and responsibilities of the military education
15 
and training institutions shall be prescribed by the CSAFP with the approval of
16 
the SND.
17
Section 43. The Philippine Military Academy (PMA). -
18 
(a) Mandate. - The PMA categorized as special higher education institution is the
19 
primary training and educational institution of the AFP, which shali be its
20 
principal source of regular officers. The PMA shall seek to have Its academic
21 
program offerings accredited by a reputable accrediting agency of national or
22 
international standard.
23 
(b) Organization. - The Academy headed by the Superintendent shall be
24 
organized as prescribed by the SND, upon the recommendation of the CSAFP.
25 
(c) Development. - The Academy shall determine its teaching, manpower,
26 
curriculum, research and extension thrusts, plans and programs, standards and
27 
budget.
28 
(d) Cadet Corps. - The student body of the Academy shall be known as the
29 
Cadet Corps Armed Forces of the Philippines (CCAFP) and shall have such
30 
strength, as the SND shall determine, upon the recommendation of the CSAFP.
31 
(e) Academic Board. - There shall be an Academic Board organized by the
32 
Superintendent. The Board shall, in accordance with the rules and regulations
33 
prescribed by the CSAFP, have the power to confer baccalaureate degrees upon
34 
the cadets who satisfactorily complete the approved course of study.
35 
(f) Board of Visitors. - The DND shall establish a board of visitors to look into the
36 
academic affairs of the Academy with the end of enhancing its educational
37 
systems. The composition of the Board of Visitors shall be prescribed by the
38 
SND.
39 
Section 44. Authority to Establish Other Military Training
40 
Institutions. - The President, upon the recommendation of the CSAFP through
41 
the SND, is hereby authorized to establish other military training academies and
42 
institutions in the AFP.
10


1 
B. ADMINISTRATION OF MILITARY DISCIPLINE AND JUSTICE SYSTEM
2 
Section 45. Military Discipline and Justice. - (a) There shall be a
3 
military discipline and justice system consisting of rules governing the conduct of
4 
military personnel and providing a method of punishment for the purpose of
5 
enforcement of discipline and administration of justice in the AFP.
6 
(b) Military justice shall be applicable at all times and in all places to all
7 
persons subject to military law as defined by existing laws.
8 
(c) The President as Commander-in-Chief and subordinate authorities as
9 
provided for in this Act shall have the exclusive authority to administratively
10 
discipline military personnel for purely service-related offenses or infractions. The
11 
power to investigate and adjudicate administrative cases against military
12 
personnel for acts arising from the performance of official duties shall be under
13 
the exclusive jurisdiction of the AFP.
14 
(d) No order of separation, dismissal or discharge from the active service
15 
or acceptance of resignation of Commissioned Officers shall be implemented
16 
unless approved by the President.
17 
(e) There shall be reduction in grade, suspension of active service, and
18 
forfeiture, suspension, or withholding of pay and allowances of Commissioned
19 
Officers found administratively liable, the procedure, extent, grounds or system
20 
of which shall be prescribed by the President as recommended by the SND.
21 
Other lower disciplinary measures against erring Commissioned Officers shall be
22 
prescribed by the SND.
23 
(c) Procedure, extent, grounds or system of reduction in grade, demotion
24 
of rank, suspension of active service, and forfeiture, suspension or withholding of
25 
pay and allowances of Warrant Officers and Enlisted Personnel by the CSAFP.
26 
C. LEGAL ASSISTANCE
27 
Section 46. Extension of Legal Assistance. - All military personnel
28 
charged of service-related or service-connected civil or criminal cases, upon
29 
determination by the Judge Advocate General or the concerned Major Service
30 
Judge Advocate of the fact of service connection with the approval of the
31 
concerned Chief of Component Services, shall be provided adequate and
32 
competent legal representation and assistance by military lawyers or counsel of
33 
their own choice until the logical conclusion of their cases. Reasonable
34 
programmed allocation can be charged against the fund of the concerned
35 
component service to support the effective handling and defense of this category
36 
of cases.
37 
TITLE III
38 
OTHER BUREAUS AND AGENCIES UNDER THE DEPARTMENT
39 
ARTICLE I - GENERAL PROVISIONS
40 
Section 47. Control and Supervision. - The SND shall exercise control
41 
and supervision over the bureaus and agencies under this Title, as well as its
42 
personnel.
11


1 
Section 48. Organization. - (a) Unless otherwise provided by law, the
2 
organization, functions, duties and responsibilities of the staff and operating
3 
units of each of the bureaus and agencies under the DND shall be as prescribed
4 
by the SND in appropriate rules and regulations issued for the purpose.
5 
(b) For this purpose, and in the interest of service, the SND may, in
6 
accordance with the policies or directives of the President:
7 
1. Establish and organize staffs, offices and units in the bureaus or agencies and
8 
prescribe the titles, powers, functions and duties of the positions therein;
9 
2. Abolish existing staffs, offices and units in the bureaus or agencies not
10 
specificaily provided by iaw, or transfer or consolidate their functions and duties
11 
with other staffs, offices or units; and
12 
3. Abolish a position of any bureau or agency and transfer or consolidate its
13 
functions and duties with those of another position.
14 
Section 49. Separation Benefits of Officials and Employees of
15 
Affected Bureaus or Agencies. - Government employees displaced or
16 
separated from the service as a result of the restructuring pursuant to this Act
17 
shall be entitled to a separation pay and other benefits in accordance with
18 
existing laws, rules or regulations.
19 
ARTICLE II
20 
THE GOVERNMENT ARSENAL
21 
Section 50. Mandate. - The GA shall develop, operate, maintain and
22 
secure facilities for the manufacture of weapons, munitions and other defense
23 
materiel to support the requirements of the AFP, the Philippine National Police
24 
(PNP) and other law enforcement agencies; and, to sell and export products in
25 
excess of the local demand.
26 
Section 51. Powers and Functions. - The GA shall have the following
27 
powers and functions:
28 
a. Formulate and implement plans and programs towards the achievement
29 
of self-sufficiency in weapons, small arms ammunition, mortars, medium and
30 
large caliber ammunition and other munitions needed by the country's defense
31 
and security establishments;
32 
b. Design, conduct research, develop, manufacture, procure, repair,
33 
stockpile and allocate weapons, munitions and other defense materiel subject to
34 
existing laws and regulatory requirements;
35 
c. Sell and export products in excess of the requirements of the AFP and
36 
other law enforcement agencies, subject to existing laws;
37 
d. Devise ways and means for the efficient mobilization of civilian/private
38 
industry to augment its production for use of the defense and security forces;
39 
and
40 
e. Establish, secure and operate government defense manufacturing
41 
plants, as necessary, in strategic locations within the country.
12


1 
Section 52. Organization and Administration. - The GA shall be
2 
headed by a Director with one or more Assistant Directors who shall support the
3 
Director in the administration, manufacturing operations and other affairs of the
4 
bureau; all of whom shall be appointed by the President upon the
5 
recommendation from the SND, and who shall have the relevant expertise,
6 
training and experience in the field of munitions.
7 
Section 53. Modernization of the Arsenai. - The modernization of the
8 
GA, for the development of production capabilities to enhance self-sufficiency in
9 
defense requirements, shall be part of the defense modernization program. The
10 
GA may use such production facilities as it may own or be provided with under
11 
this Act or as it may arrange, under joint venture, co-production or similar
12 
agreements with local and foreign entities.
13
14
ARTICLE III
NATIONAL DEFENSE UNIVERSITY
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Section 54. Conversion of the NDCP. - In view of the rapidly evolving 
national and regional security environment, the current academic trends and 
research thrusts of defense institutions in the Asia Pacific, and the increasing 
need for specialized defense and security courses to enhance the academic 
foundation of promoting Philippine national security, the National Defense 
College of the Philippines (NDCP) is hereby converted into the National Defense 
University (NDU) categorized as a special higher education institution. To ensure 
the continuous operation of the College, all its personnel and resources shall be 
absorbed by the NDU.
The degree programs, instruction, faculty complement, research, and 
facilities of the NDU shall be accredited by the Commission on Higher Education 
(CHED). The NDU shall likewise receive appropriate funding to fulfill the 
requirements of conversion into a defense university.
Section 55. Mandate. - In accordance with the standards set forth in 
pertinent laws and regulations on higher education, the NDU shall train and 
develop the competence of potential national defense leaders, civilian officials of 
the different agencies and instrumentalities of the Government, and selected 
executives from the private sector in the formulation and review of national 
security policies and undertake research and studies as basis for the formulation 
of national defense and security policies, plans and programs. The NDU shall be 
headed by a President, and assisted by an Executive Vice President, and four (4) 
Vice Presidents, all of whom shall be appointed by the President of the 
Philippines, upon the recommendation of the SND. The NDU President shall have 
a term of six (6) years who shall have the following minimum qualifications:
a. A natural-born citizen;
b. Holder of a masters or doctorate degree on defense and security;
c. Proven track record as an administrator, preferably In the academe, 
whether public or private, for at least five (5) years; and
d. Must not have been convicted of any administrative offense or of any 
crime involving moral turpitude.
Section 56. Powers and Functions.
following powers and functions:
The University shall have the
13


1 
a. Confer the degree of Master in National Security Administration (MNSA)
2 
upon the graduates thereof;
3 
b. Develop and confer degrees relating to defense and security;
4 
c. Conduct non-degree programs, special course, seminar workshops and
5 
symposia on defense and security;
6 
d. Undertake policy research and special studies on strategic defense and
7 
security issues;
8 
e. Produce research and development output of practical application to
9 
the various organizational units of defense;
10 
f. Establish relevant linkages and outreach programs that are mindful of
11 
service to the various organizational units of defense; and
12 
g. Perform other functions and duties as may be directed by the SND.
13 
Section 57. Organization and Administration. — (a) The NDU
14 
President shall administer the affairs of the University with the assistance of the
15 
Executive Vice President, who shall act as NDU President in the absence or
16 
incapacity of the NDUP President, and shall perform such other functions and
17 
duties as may be assigned to him by the NDU President or the SND. There shall
18 
be a Vice President for Academic Affairs, who shall be responsible for the
19 
development, implementation, supervision and evaluation of academic programs;
20 
a Vice President for Research and Special Studies, who shall be responsible for
21 
the conduct and supervision of research work and special studies for the
22 
Department; a Vice President for Military and Security Affairs, who shall be
23 
responsible for the overall military activities of the University; a Vice President for
24 
Administration, who shall be responsible for the overall military and security
25 
support to all the activities of the University; and a Vice President for
26 
Administration, who shall be responsible for the overall administrative support to
27 
all the activities of the University.
28 
(b) The University shall have an Academic Board to assist the President
29 
discharge the following functions:
30 
1. Supervise the academic affairs of the University;
31 
2. Recommend academic consultants, professors, lecturers, instructors,
32 
research assistants and other resource persons of the University; and
33 
3. Recommend the courses of studies to be conducted by the University to
34 
accomplish its objectives.
35 
(c) All resource persons of the University including but not limited to
36 
academic consultants, professors, lecturers, instructor, thesis advisers, members
37 
of examining and evaluating panels, examiners, correctors, and technicians who
38 
are regularly employed in the Government shall, in addition to their salaries, be
39 
entitled to receive honoraria, fees and other emoluments fixed by the SND in
40 
accordance with accounting and budgeting rules.
41 
(d) The SND may establish a Board of Regents to assist and advise him in
42 
providing strategic direction and guidance necessary to ensure the
43 
accomplishment of the mandate of the University.
14


1 
Section 58. Transition. - The SND shall determine the appropriate
2 
transition period for NDCP to attain the status and competency of becoming a
3 
university. Further, Congress shali ailocate the necessary funds for the
4 
conversion of NDCP to NDU.
6 
ARTICLE IV
7 
OFFICE OF CIVIL DEFENSE
8 
Section 59. Mandate. - The OCD shail have the primary mission of
9 
administering a comprehensive nationai civil defense and disaster risk reduction
10 
and management program during iocai and national emergencies by providing
11 
leadership in the continuous deveiopment of strategic and systematic approaches
12 
as well as measures to reduce the vulnerabilities and risks to hazards and
13 
manage the consequences of disasters.
14 
Section 60. Powers and Functions. - The Office shaii have the
15 
foliowing powers and functions:
16 
a. Establish and administer a comprehensive national civil defense and
17 
civil assistance program to inciude the aliocation to agencies and iocai
18 
government units such aid and funds as may be made avaiiable by the national
19 
government, assisting governments, and internationai and local organizations;
20 
b. Formuiate policies and prepare plans for the protection and weifare of
21 
the civilian population in times of war or other national emergencies as may be
22 
determined by the President of the Phiiippines;
23 
c. Furnish guidance and coordinate the activities of nationai government
24 
agencies, iocai government units, private institutions and civic organizations for
25 
naturai and human-induced disasters;
26 
d. Deveiop and coordinate a program for informing, educating and
27 
training the general public, volunteer workers and civil defense groups on civil
28 
defense and assistance measures and activities;
29 
e. Prepare and disseminate disaster controi manuais and other
30 
publications reiated to measures on disaster prevention and mitigation,
31 
preparedness, response and rehabiiitation and recovery;
32 
f Advise the SND on matters concerning civil defense and make
33 
recommendations from time to time as may be deemed appropriate or as the
34 
Secretary may require;
35 
g. Provide assistance and secretariat services to the Nationai Disaster Risk
36 
Reduction and Management Councii to implement the policies set by the latter
37 
relative to disaster management;
38 
h. Furnish guidance to the various provinces, cities and municipaiities in
39 
the pianning, accreditation, organization and operation of their civii defense
40 
organizations; and
41 
i. Perform such other civil defense functions as may be provided by law.
15


1 
Section 61. Organization. - The OCD shall be headed by an
2 
Administrator who shall also serve as Executive Director of the National Disaster
3 
Risk Reduction and Management Council and, as such, shall have the same
4 
duties and privileges of a department undersecretary. It shall operate under a
5 
duly approved organization and staffing as recommended by the SND.
7
8
ARTICLE V
PHILIPPINE VETERANS AFFAIRS OFFICE
9 
Section 62. Mandate. - The Philippine Veterans Affairs Office (PVAO)
10 
shall be the government agency responsible for administering the benefits due to
11 
veterans and their qualified beneficiaries and shall provide medical assistance to
12 
veterans pursuant to existing laws. It shall also administer, maintain and develop
13 
military memorials and battle monuments proclaimed as national shrines.
14 
Section 63. Powers and Functions. - The Office shall have the
15 
following powers and functions:
16 
a. Formulate and promulgate, subject to the approval of the SND, policies,
17 
rules and regulations governing the adjudication and administration of veterans
18 
claims and benefits;
19 
b. Adjudicate and administer benefits, pensions and other privileges
20 
granted to veterans, their heirs and beneficiaries;
21 
c. Provide medical care and treatment to veterans pursuant to existing
22 
programs and projects approved by the SND;
23 
d. Administer, develop and maintain military shrines;
24 
e. Develop patriotism and nationalism, PVAO preserves and promotes the
25 
ideas of Kagitingan in the sacrifices and heroic deeds of our veterans;
26 
f. Formulate policies concerning the affairs, placement and training of ex-
27 
servicemen and assist their widow and dependents, and other retired military
28 
personnel;
29 
g. Undertake the promotion of the general welfare of veterans and their
30 
families; and
31 
h. Perform such other functions as may be provided by law.
32 
Section 64. Organization. - The PVAO shall be headed by an
33 
Administrator who may be assisted by one or more Deputy Administrators, all of
34 
whom shall be appointed by the President upon the recommendation of the SND.
35 
It shall have such staff and other operating units as may be prescribed by the
36 
SND.
37
FINAL PROVISIONS
38 
Section 65. Implementing Rules and Regulations. - The DND and
39 
all concerned agencies shall formulate the corresponding Implementing Rules
40 
and Regulations (IRR) for proper implementation of this Act within twelve (12)
16


1 
months from the effectivity hereof. The said rules and regulations shall be
2 
approved by the President of the Philippines.
3 
Section 66. Appropriations. - The initial funding requirements for the
4 
implementation of this Act shall be charged against existing appropriations of the
5 
concerned 
agencies and such other appropriate funding sources as the
6 
Department of Budget and Management may identify, subject to relevant laws,
7 
rules and regulations. Thereafter, such sums as may be necessary for the
8 
continued implementation of this Act shall be included in the annual General
9 
Appropriations Act.
10 
Section 67. Separability Clause. - If any part or provision of this Act is
11 
held invalid or unconstitutional, other provisions not affected thereby shall
12 
remain in force and effect.
13 
Section 68. Repealing Clause. - All laws, decrees, orders, rules and
14 
regulations or parts thereof which are contrary to or inconsistent with the
15 
provisions of this Act are hereby repealed or modified accordingly. All affected
16 
provisions of existing laws are deemed effective until such promulgation of the
17 
IRR.
18 
Section 69. Effectivity Clause. - This Act shall take effect fifteen (15)
19 
days upon its complete publication in the Official Gazette or in at least two (2)
20 
newspapers of general circulation, whichever comes first.
Approved,
17