Republic of the Philippines
HOUSE OF REPRESENTATIVE
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

9
House Bill Now ee

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

EXPLANATORY NOTE

The Philippine Constitution Provides that it is the obligation of every
citizen to protect the State. In order to fulfill said obligation, the

advancements have taken place in more than eighty years, it is only
Tight that a stronger defense department be created. Thus, this Bill

This Bill is intended to update national defense policies enshrined in
the National Defense Act of 1935. Through this Bill, the country’s
border security measures and patrol measures for protection from
transnational crimes will be reinforced and enhanced.

In view of the foregoing, the passage of this Bill is earnestly sought.

ewe
ERIC OLIVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5928
House Bill No.

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

AN ACT TO FURTHER DEVELOP CAPABILITY AND
ESTABLISH EXPEDITIOUS TRANSFORMATION OF THE
DEPARTMENT OF NATIONAL DEFENSE AND ITS
BUREAUS, APPROPRIATING FUNDS THEREFOR AND
FOR OTHER PURPOSES

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

SECTION 1. Short Title ~ This Act shall be known as the “The
National Defense Act of 2019”.

SECTION 2. Declaration of Policy. - The national defense of

the Republic of the Philippines shall be as follows:

a. In defending the Philippines, the paramount consideration
shall be the national sovereignty, territorial integrity,
national interest and the right to self-determination;

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 or sex, and all resources;

c. The national defense organization shall be adapted as closely
as possible to the territorial and administrative organization
of the Philippines;


d. 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;

e. The employment of the nation’s citizens and resources for
national defense shall be effected by a mobilization;

f. The mobilization shall include the execution of all measures
necessary to pass from a peace to a war footing or in any case
of actual invasion or when public safety so requires as well
as during its transaction to normalcy or rehabilitation;

g. The mobilization plan of financial, industrial, economic.
technological and social resources of the Philippines shall
conform to the provisions of the Constitution and shall be
Prepared by the executive departments concerned in
accordance with the following general Policies:

a. The respective responsibilities of the several executive
departments in mobilization planning will be prescribed
by the President;

b. Forces and resources shall be employed so as to ensure
unity and continuity of effort until normalcy has been
attained; and

h. No profit incident of war shall accrue to any individual,
corporation, association or partnership.

SECTION 3. Defense Conditions and Authority. - 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 — disaster, internal disorders, and invasion —
acting Separately or in concert tend to, or actually threaten, the
security of the state shall be prescribed by the President.

EMPLOYMENT OF PERSONS AND SERVICES

SECTION 4, Military service shall be mandatory for all citizens
of the Philippines, and the methods and procedures for the
classification, selection, examination, induction, training,


employment, and release of all citizens from their military obligations
shall be prescribed by the President of the Philippines.

SECTION 5. The registration of citizens for mandatory military
service shall be a military function carried out by the Component
Services through their respective Reserve Commands.

SECTION 6. During a mobilization, the President through the
Secretary of National Defense shall have the Power to secure all
Such resources as may be necessary for national defense.

NATIONAL DEFENSE COUNCIL

SECTION 7. National Defense Council -

a. The National Defense Council (NDC) chaired by the President
is composed of heads of the executive departments, past
Presidents, past Chief Justices of the Supreme Court and
other government Officials and Private citizens as the
President may appoint or designate. It hall have a permanent
staff which shall Preserve a documentary record of the
Council’s deliberations.

b. The method of Operation of the National Defense Council, its
detailed duties, and its tights to summon witnesses or
consultants shall be fixed in executive orders to be issued by
the President. Funds for its operation shall be provided in the
appropriations for the Executive Department.

DEPARTMENT OF NATIONAL DEFENSE
GENERAL PROVISIONS

SECTION 8. Mandate. - The Department of National Defense
is the primary government agency charged with the duty of
implementing the Provisions of this Act, The defense
establishment shall be maintained to maximize its effectiveness
for guarding against external and internal threats to national
Peace and security,

SECTION 9. Powers and Functions of the Department. — To
carry out the above-declared policy, the Department shall exercise
and perform the following powers and functions:


. Formulate and prepare the national defense policies, strategies,
plans and programs;

- Formulate, develop and update the national defense plan of the
country, including the mobilization plan for the employment of
the country’s citizens and Tesources for national defense;

“Control. Monitor, coordinate, supervise and evaluate the
implementation of national defense policies, plans, programs
and activities;

- Exercise supervision and control over the armed Forces of the
Philippines, Government Arsenal, Office of Civil Defense
Philippine Veterans Affairs Office and the National Defense
University of the Philippines;

. Formulate, establish, implement, supervise and control quality
management system;

linkages for defense and military cooperation with its
international counterparts for the Purpose of addressing
traditional and non-traditional security threats;

. Implement the country’s international defense and security
commitments based on defense and security treaties,
cooperation agreements, international covenants, protocols and
other similar arrangements;

- Develop self-reliance defense posture to guarantee the
enhancement of responsive and progressive capabilities and
maximum utilization of resources;

Develop a responsive Armed Forces capable of addressing
various threats to national security; and

- Perform such other defense-related functions as may be
provided by law or directed by the President of the Philippines.
SECTION 10. Contracts. - The Department is hereby

authorized to enter into, make, perform and carry out contracts of
every class, kind and description which are necessary or incidental
to the performance of its mandate as provided herein, with any
Person, firm or corporation, public or private, and with foreign


government entities, subject to the Provisions of existing laws, rules
and regulations.

SECTION 11. Management and Control of Defense Real

Properties. —

a. The Department is hereby authorized to administer, operate,
manage, control, maintain and develop defense real
Properties for strategic basing and to use, hold, acquire, or
lease any private real Property, right of way, or easement
which may be Proper or necessary for the accomplishment of
its mandate as provided in this Act;

b, The sale and/or exchange of strategic defense real properties
shall be prohibited unless otherwise recommended by the
Secretary of National Defense, approved by the President of
the Philippines, with the consent of Congress;

c. The lease and/or development of defense real properties, by
joint venture or otherwise shall be allowed upon prior
approval by the President of the Philippines;

@. Any and all income derived from the lease or disposition of
such defense real estate shall be remitted only to the AFP
Modernization Act Trust Fund, and disbursed in accordance
with existing laws, rules and regulations.

SECTION 12. Special Defense Materiel Acquisition. — Upon


covered by a performance security in accordance with Sec. 39 of the
IRR of R.A. 9184,

SECTION 13. Exemption from Import Licenses, - All
acquisition of defense materiel by the DND and its bureaus shall be
exempt from import and other licenses imposed by other agencies of
the government. In lieu thereof, the SND shall issue a certification
that the goods being imported are exempt from such licenses.

SECTION 14. Grants and Donations. ~ The Department, or
any of the bureaus, agencies or offices under it, may accept
donations, contributions, and grants from various sources, domestic
or foreign, for purposes relevant to its functions: Provided, that in

thereof shall be subject to existing laws, rules and regulations.

SECTION 15. Defense Cooperation Agreements. ~

a. Unless otherwise provided by the Constitution, the
Department of National Defense may enter into
Defense/Military Cooperation Agreements to develop,
enhance and sustain multi-faceted defense and security
engagements and cooperation with the defense and armed
forces of other countries.

b. Defense/Military Cooperation Agreements shall include but
shall not be limited to the exchange of information, exchange
of visits, exchange of personnel, subject matter expert
exchange, logistic cooperation, defense industry cooperation,
humanitarian assistance and disaster response, defense and
military doctrine development, research and development in
defense science and technology, Participation in trade,
science or technology exhibits, military and defense
exercises, training activities, and education exchanges or
other areas of mutual concern.

ORGANIZATION
SECTION 16, Organizational Structure. - The Defense
Department shall be composed of the DND-Proper and its bureaus
namely, the Armed Forces of the Philippines, Philippine Veterans


Affairs Office, Government Arsenal, National Defense University of
the Philippines, Office of Civil Defense, and other instrumentalities
under the supervision and control of the Secretary of National
Defense as provided for by law.

SECTION 17. Composition. - The DND-Proper shall be
composed of the Office of the Secretary of National Defense and the
Offices of the Undersecretaries and Assistant Secretaries, and the
Department Services.

SECTION 18. Office of the Secretary. - The Office of the
Secretary shall consist of the Secretary of National Defense and
his/her immediate staff as determined by him/her.

SECTION 19. The Secretary of National Defense. - The
Secretary of National Defense shall be appointed by the President,
subject to confirmation by the Commission on Appointments

SECTION 20. Powers and Functions of the Secretary - The
authority and responsibility for the exercise of the mandate of the
Department and for the discharge of its powers and functions shall
be vested in the Secretary of National Defense, who shall have
supervision and control of the Department. The Secretary shall also
perform such other functions as may be necessary or Proper to attain
the objectives of this Act or as may be provided by law or directed by
the President.

TITLE II - The Armed Forces of the Philippines
GENERAL PROVISIONS

SECTION 21. Declaration of Policies —

a. The AFP, as the protector of the people and the State, shall
secure the sovereignty and defend the territory of the
Republic of the Philippines against all threats;

b. The AFP shall uphold the Constitution and adhere to the rule
of law at all times;

c. Professionalism in the armed forces and adequate
remuneration and benefits of its members shall be a prime
concern of the State; and


d. The AFP, as an institution, shall be insulated from partisan
Politics. No member of the military shall engage, directly or
indirectly, in any partisan political activity except to exercise
the right to suffrage.

SECTION 22. Mission and Functions. - The AFP is the
protector of the people and the State. Its goal is to secure the
Sovereignty of the State and the integrity of the national territory. It
shall have the duty to:

a. Defend against all forms of threats to national defense and

security;

b. Plan, organize, train, equip, develop, employ and sustain its
Regular and Reserve Force for national defense and security;
and

¢. Perform such other functions as may be provided by law or
assigned by the Commander-in-Chief,

SECTION 23. Chain of Command. ~The exercise of authority,
direction, command and control over the FP shall be carried out
through the Chain of Command, which is the line of authority and
Tesponsibility along which orders are passed, beginning from the
President as the Commander-in-Chief, through the Secretary of
National Defense, to the Chief of Staff of the Armed Forces of the

President from issuing orders directly to the AFP.

SECTION 24, Organization and Composition. - The AFP
shall initially be composed of three (3) component services — the
Philippine Army, the Philippine Air Force and the Philippine Navy.

and Equipment of the AFP, prescribed by the Secretary of National
Defense upon recommendation of the CSAFP.


THE REGULAR FORCE
Organization and Composition

SECTION 25. Size and Composition. - The Regular Force,
alternately referred to as the Standing Force, shall be initially
composed of the following:

a. Regular Officers, Warrant Officers and Enlisted Personnel;

b. Reservists called to active duty, or on active duty for training;
and

c. Draftees, trainees and government-sponsored Filipino cadets
enrolled in local or foreign military schools.

The size and composition of the Regular Force shall be prescribed by
the President upon the recommendation of the CSAFP of the
Philippines through the Secretary of National Defense.

SECTION 26. Organizational Principle. — The President,
through the Secretary of National Defense, shall 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 operational areas as the Secretary of
National Defense may direct.

SECTION 27. Operational Principles. - The operational
principles of the AFP shall be as follows:

a. The Commander-in-Chief shall exercise command control
through the CSAFP with the supervision of the Secretary of
National Defense. The Joint Headquarters AFP, shall be the
command and control element of the AFP;

b. The Joint Headquarters AFP shall exercise centralized
command and control to ensure unity and coordination of
efforts throughout the military establishment;

c. The Joint Force Operational Commands as force employers
shall be responsible for the decentralized execution of joint
operations to achieve maximum operational efficiency within
the military establishment unless otherwise determined by
the CSAFP through the supervision of the Secretary of
National Defense;


d.The Component Services as force providers shall be
responsible for the development, organization, training,
equipping, maintenance and sustainment of combat forces,
combat service forces, technical and administrative service,
and combat service support forces.

e. The AFP Reserve Force shall provide for the base of

expansion of the Component Services.
THE JOINT STAFF HEADQUARTERS ARMED FORCES
OF THE PHILIPPINES

SECTION 28. Mandate. - The Joint Staff Headquarters, which
shall be headed by the CSAFP, shall be the command control element
of the AFP.

Section 29. Organization. - The Joint Staff Headquarters
shall be composed of the Office of the Chief of Staff of the Armed
Forces of the Philippines, Office of the Vice Chief of Staff, Office of
the Deputy Chief of Staff; the AFP Joint, Personal and Special Staff
and the other key staff offices and units necessary for effective
command and control of the AFP as recommended by the CSAFP with
the approval of the Secretary of National Defense.

Section 30. The Chief of Staff of the Armed Forces of the
Philippines. - (a) The President shall appoint the CSAFP from among
the officers with the rank of Lieutenant General/Admiral in the active
service, who shall hold the rank of General/Admiral.

(b) CSAFP shall serve a minimum tour of duty of 2 years and
maximum of 3 years. For this purpose, the CSAFP shall be allowed
to complete his maximum tour of duty beyond his retirement age:
Provided, that the CSAFP may be removed by the President as
Commander in Chief at any time before the end of the term of 3 years
and deemed retired from active military service.

Section 31. Pon'ers and Functions.- The Chief of Staff shall:

a. Serve as the principal military advisor to the President and
the Secretary of National Defense;

b. Be responsible for the formulation of the national military
strategy consistent with the national defense strategy;


c. Be responsible for the development of the policies, strategies,
missions, plans and programs of the AFP;

d. Prescribe the organization, powers, functions and duties of
the various staff, services, and other units of the AFP in accordance
with the national defense policy;

Section 32. The Vice Chief of Staff - The Vice Chief of Staff
shall be the principal assistant of the CSAFP and shall perform the
functions of the CSAFP during the latter's absence or incapacity. He
shall be appointed in the same manner as the CSAFP.

The Vice Chief of Staff shall serve for a minimum term of 1 year
and maximum of 3 years unless otherwise promoted to the next
higher position and without prejudice to compulsory retirement age
as provided in this Act: Provided, That no Officer shall be appointed
as a Vice Chief of Staff if that officer has less than one (1) year
remaining in the active service: Provided further. That Vice Chief of
Staff may be removed by the President as Commander in Chief at any
time before the end of the ten of 3 years and deemed retired from
active military service.

Section 33. The Deputy Chief of Staff- The Deputy Chief of
Staff shall integrate and synchronize the Joint Staff works to assist
the CSAFP in policy formulation and implementation, and command
decision making process through completed staff work.

The Deputy Chief of Staff shall serve for a minimum term of 1
year and maximum of 3 years unless otherwise promoted to the next
higher position and without prejudice to compulsory retirement age
as provided in this Act: Provided, That no Officer shall be appointed
as The Deputy Chief of Staff if that officer has less than one (1) year
remaining in the active service: Provided, further. That the Deputy
Chief of Staff may be removed by the President as Commander in
Chief at any time before the end of the term of 3 years and deemed
retired from active military service.

Section 34. The Joint Staff- The Joint Staff, as coordinating
staff shall advise and assist the CSAFP in the performance of his/her


functions. The organization, functions and duties of the Joint Staff
shall be prescribed by the CSAFP,

Section 35. Personal Staff - The Personal Staff, as immediate
staff shall directly advise and assist the CSAFP in the performance
of his/her functions. The organization, functions and duties of the
Personal Staff shall be Prescribed by the CSAFP: Provided, That
coordination with other staff is not precluded.

Section 36. Special Staff- The Special Staff, as specialized,
technical and administrative staff shall advise and assist the CSAFP
in the performance of his/her functions. The organization, functions
and duties of the Special Staff shall be prescribed by the CSAFP.

Section 37. Authority to Reorganize the General Headquarters
into the Joint Staff Headquarters.- In the interest of efficiency and
effectiveness, the CSAFP, upon the approval of the Secretary of
National Defense, may:

a. Establish and organize staffs, offices and units in the Joint
Staff Headquarters in addition to the AFP Joint, Personal and Special
Staff, and prescribe the organization, mission and functions; and

b. Abolish existing staffs, offices and units in the Joint Staff
Headquarters no specifically provided in this Chapter or by any other
provision of law, or transfer or consolidate their functions and duties
with other staffs, offices or units,

JOINT FORCE OPERATIONAL COMMANDS

Section 38, Organization, Mission and Function. —

(a) The Joint Force Operational Commands shall be organized
and established by the CSAFP with the approval of the Secretary of
National Defense which shall be under the command, control and
operational direction of its Joint Force Commander.

(b) The mission, functions, duties and responsibilities and joint
area of operations of the Joint Force Operational Commands shall be
prescribed by the Secretary of National Defense, in consultation with,
or upon the recommendation of the CSAFP.

Section 39, Designation or Assignment of Joint Force
Commanders. ~


(a) The Joint Force Commanders of the JFOC shall be
designated or assigned to the said Position by the President, upon
the recommendation of the CSAFP of the Philippines through the
Secretary of National Defense.

(b) The Joint Force Commanders of the JFOC, as force
employer, shall have operational control over all units operating
within their respective joint area of operations.

(c) The Joint Force Commanders of the JFOC shall serve for a
minimum term of 2 years and maximum of 3 years unless otherwise
Promoted to the next higher position and without prejudice to
compulsory retirement age as provided in this Act: Provided, That no
officer shall be appointed as a Joint Force Commander if that officer
has less than two (2) years remaining in the active service: Provided,
further, that Joint Force Commanders may be removed by the
President as Commander in Chief at any time before the end of the
term of 3 years and deemed retired from active military service.

THE COMPONENT SERVICES

Section 40, Organization. - (a) The Component Services shall
be organized by the President, upon the recommendation of the
Secretary of National Defense and the CSAFP. The Chiefs of the
Component Services shall be designated or assigned to the said
position by the President.

(b) The Chiefs of the Component Services shall serve for a
minimum term of 2 years and maximum of 3 years unless otherwise
Promoted to the next higher position and without prejudice to
compulsory retirement age as provided in this Act: Provided, That no
Officer shall be appointed as Chief of Component Service if that
officer has less than two (2) years remaining in the active service:
Provided further. That Chief of Component Service may be removed
by the President as Commander in Chief at any time before the end
of the term of 3 years and deemed retired from active military service.

(c) The Component Services shall act as force providers, which
shall develop, organize, train, equip, maintain and sustain the
necessary forces in support of the AFP missions.


Section 41. The Philippine Army. - The Philippine Army (PA),
headed by the Chief of the Philippine Army shall provide forces that
will be responsible for the conduct of prompt and sustained joint and
combined ground operations in support of the AFP mission. It shall
be composed of its headquarters, maneuver units, and sustainment
units and such other units as may be necessary for the conduct of
ground operations,

Section 42. Functions of the Philippine Army- The
Philippine Army shall;

a. Develop, organize, train, equip, maintain, and sustain such
ground 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
Component Services, doctrines, systems, tactics, techniques and
procedures peculiar to the Army;

d. Implement mobilization of the Army Reserve; and

e. Perform such other functions and duties as may be provided
by law or assigned by the CSAFP.

Section 43. The Philippine Air Force. - The Philippine Air
Force (PAF) headed by the Chief of the Philippine Air Force shall
Provide forces that will be responsible for the conduct of prompt and
sustained air operations in support of the AFP mission. It shall be
composed of its headquarters, air combat, combat support and

conduct of air and support operations.
Section 44. Functions of the Philippine Air Force. - The
Philippine Air Force shall:
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
Component Services, doctrines, systems, tactics, techniques and
procedures peculiar to the Air Force;

d. Implement mobilization of the Air Force Reserve; and

e. Perform such other functions and duties as may be provided
by law or assigned by the CSAFP.

Section 45. The Philippine Navy. - The Philippine Navy (PN)
headed by the Chief of the Philippine Navy, shall Provide forces that
shall be employed for the conduct of prompt and sustained naval
operations in support of the AFP missions. It shall be composed of
its headquarters, naval forces, service support and sustainment
units and such other units as may be necessary for the conduct of
naval operations.

Section 46. Functions of the Philippine Navy. - The
Philippine Navy shall:

a. Develop, organize, train, equip, maintain, and sustain such
naval 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
Component Services, doctrines, systems, tactics, techniques and
Procedures peculiar to the Navy;

d. Implement mobilization of the Navy Reserve; and

e. Perform such other functions and duties as may be provided
by law or assigned by the CSAFP.

Section 47. Technical and Administrative Service. - Each
Component Service shall develop, organize, train, equip, maintain,
and sustain their respective Technical and Administrative Service
composed of but not limited to. The Judge Advocate General Service,


Medical Corps, Veterinary Corps, Medical and Administrative Corps,
Nurse Corps, Dental Corps, Chaplain Service, and Corps of
Professors.

Section 48. The Women's Auxiliary Corps. - The Women’s
Auxiliary Corps as created by Republic Act No. 3835, as amended

personnel in the AFP, notwithstanding provision of relevant laws,
shall be prescribed by the Secretary of National Defense.
MILITARY EDUCATION AND TRAINING INSTITUTIONS

Section 49, Organization, Mission and Function. —

a. The Philippine Military Academy (PMA), Command and
General Staff College (CGSC), Officer Candidate School (OCS), Non-
commissioned Officer Academy and other Military Education and
Training Institutions organized and established by the CSAFP with
the approval of the Secretary of National Defense shall be under the
command, control and direction of their Military Education and
Training Superintendent/Commandant.

b. The mission, functions, duties and responsibilities of the
military education and training institutions shall be Prescribed by
the CSAFP with the approval of the Secretary of National Defense.

Section 50. The Philippine Military Academy. -

(a) Mandate. The Philippine Military Academy categorized as
special higher education institution is the Primary training and
educational institution of the AFP, which shall be its principal source
of regular officers. The degree Programs, instruction, faculty
complement, research, and facilities of the PMA shall be accredited
by the Commission on Higher Education (CHED).

(b) Organization. - The Academy headed by the Superintendent
shall be organized as Prescribed by the Secretary of National Defense,
upon the recommendation of the CSAFP,

(c) Development. —The Academy shall determine its teaching,
manpower, curriculum, research and extension thrusts, plans and
Programs, standards and budget.


(d) Cadet Corps. - The student body of the Academy shall be
known as the Cadet 2 satisfactorily complete the approved course of
study.

() The Superintendent shall serve for a minimum term of 2
years and maximum of 3 years unless otherwise promoted to the next
higher position and without Prejudice to compulsory retirement age
as provided in this Act: Provided, That no Officer shall be appointed
as Superintendent if that officer has less than two (2) years
remaining in the active service, Provided further, that the
Superintendent may be removed by the President as Commander in
Chief at any time before the end of the term of 3 years.

(e) Academic Board. - There shall be an Academic Board
organized by the Superintendent. The Board shall, in accordance
with the rules and regulations prescribed by the CSAFP, have the
Power to confer baccalaureate degrees upon the cadets
who appointed as Superintendent if that officer has less than two
(2) years remaining in the active service: Provided further, that the
Superintendent may be removed by the President as Commander in
Chief at any time before the end of the term of 3 years.

(g) Board of Visitors. The PMA shall establish a board of visitors
to look into the academic affairs of the Academy with the end of
enhancing its educational systems. The President, upon the
recommendation of the CSAFP through the Secretary of National
Defense, is hereby authorized to establish other military training
academies and institutions in the AFP,

Section 51. Authority to Establish Other Military Training
Institutions. - The President, upon the recommendation of the
CSAFP through the Secretary of National Defense, is hereby
authorized to establish other military training academics and
institutions in the AFP.

RECRUITMENT, PROMOTION AND CAREER
DEVELOPMENT
Chapter 1- Commissioned Officers


Section 52. Qualifications. - All persons commissioned as
officers in the Regular Force shall be natural born citizens of the
Philippines, of legal age, of good moral character, physically and
mentally qualified for active military service, and shall have 34 such
other qualifications as may be prescribed by the Secretary of National
Defense.

Section 53. Appointments in the Regular Force. -

(a) Officers shall be permanently appointed by the President in
the Regular Force in accordance with the provisions of the
Constitution.

(b) Except as otherwise provided in this Act, the date of rank o
fa commissioned officer in active service in the Regular Force shall
be the date of permanent appointment in that grade by the President.

Section 54. Revocation of Commission. - The commission of
an officer may be revoked by the President at any time, upon the
recommendation of the Secretary of National Defense when found not
fully qualified for such commission or who lacks any of the
qualifications prescribed by law or regulation.

Section 55. Officer Grade Distribution. —The Secretary of
National Defense shall prescribe the authorized number of officers in
the Regular Force in each grade in each Component Service in
accordance with the Table of Organization and Equipment.

Section 56. Distribution of General/Flag Officers. - The
number of general/flag officers herein authorized shall be distributed
to the various general/flag officer grades by the Secretary of National
Defense based on the recommendation of the CSAFP in accordance
with the Table of Organization and Equipment.

Section 57. Tour of Duty in Key Positions. - No officers with
less than 1 year remaining active service shall be designated to
Positions requiring the rank of Brigadier General/Commodore or
higher.

Section 58. AFP Promotion System. —

(a) The AFP Promotion System shall be governed by the
principle that as officers are promoted from one grade to the next


higher grade, the criteria of competence, merit and potentials are the
primary consideration.

(b) The AFP Promotion System shall be the primary means by
which the AFP shall periodically evaluate and assess its ranks of
officers and shall institutionalize and continue to implement an
efficient process of selection for Promotion, as well as for attrition of
officers as prescribed by the Secretary of National Defense.

(c) The AFP Promotion System shall be governed by a
management system with a view of ensuring smooth succession in
the filling of vacancies in key positions as and when these occur,

(d) The Secretary of National Defense shall prescribe the
seniority and promotional lineal list of the AFP.

Section 59. Promotion to General/Flag Officer Grades. - No
officer shall be Promoted to the rank of Brigadier
General/Commodore or higher unless there is an existing vacancy
and the officer is occupying a position in the Table of Organization
and Equipment that requires the rank for which he is being
considered for promotion or assignment.

Section 60. Maximum Tenure in Rank. - The maximum
tenure of officers in the ranks of Colonel/Captain and General/Flag
Officer in the AFP are hereby prescribed as follows:

Colonel/Captain-8 Years
Brigadier General/Commodore - 4 years
Major General/Rear Admiral — 3 years
Lieutenant General/Vice Admiral - 3 years
General/Admiral - 3 years

Unless earlier separated or retired or Promoted to the next
higher rank or occupying a position calling for the ranks of higher
grade in the AFP TO&E, Colonels/Captains and Generals/Flag
Officers shall be compulsorily retired upon the attainment of the
maximum tenure in rank herein prescribed, or upon reaching the
age of compulsory retirement, whichever is earlier, except for those,
who may be allowed by the President to finish tenure in position as
recommended by the Secretary of National Defense.


Section 61. Determination and Allocation of Key Positions.
— The Secretary of the Department of National Defense upon the
recommendation of the CSAFP shall determine and allocate the
number of key positions among the component services,
headquarters and support units of the AFP based on the technical
nature of the organization, Position, task, scope and area of
responsibilities, equipage, prevailing Defense Condition and other
considerations as the exigencies of the service may require.

WARRANT OFFICERS

Section 62. Qualifications for Appointment. - Any natural
born citizen of the Philippines, of legal age, physically and mentally
fit for military service, of good moral character, and possessed of
such educational attainments and specialized skills or expertise as
may be prescribed by the Secretary of National Defense, may be
appointed in the Regular Force.

Section 63. Appointments in the Regular Force. - Warrant
Officers shall be appointed by the Secretary of National Defense.

Section 64. Revocation of Appointment. - The appointment
of an officer, who is found not fully qualified for such appointment or
who lacks any of the qualifications prescribed by law or regulation
may be revoked by the Secretary of National Defense at any time,
upon the recommendation of the CSAFP.

Section 65. Warrant Officer Management. — The Secretary
of National Defense shall prescribe the special career management,
employment, grades, rank and authorized number of warrant officers
in the Regular Force in each grade in each Component Service in
accordance with the operational and organizational needs of the AFP.

ENLISTED PERSONNEL

Section 66. Qualifications for Enlistment, - Any natural
born citizen of the Philippines, of legal age, physically and mentally
fit for military service, of good moral character, and possessed of
such educational attainments as may be prescribed by the Secretary
of National Defense, may be enlisted in the Regular Force under the
following restrictions:


a. Except as otherwise provided herein, each enlistment in the
Regular Force shall be for a term of five (5) years: Provided, That
all enlistments in force at the outbreak of war, or other grave
national emergency, or entered into during its continuation shall
remain in force until six months after its termination, unless
sooner terminated by the President;

b. Enlistments for service shall be apportioned among the
various provinces of the Philippines, as far as practicable,
Provided that qualifications for competency as prescribed shall
be observed; and

c. Re-enlistment in the Regular Force shall be prescribed by the
Secretary of National Defense,

Section 67. Enlisted Ranks. - The ranks of enlisted personnel
in the AFP shall be in accordance with the guidelines set forth by the
CSAFP. The total number of enlisted personnel in the enlisted ranks
and non-commissioned officer grades shall be prescribed by the
CSAFP in accordance with the number of authorized positions in the
approved Table of Organization & Equipment.

Section 68. Enlistment and Career Development of Enlisted
Personnel System. - The Secretary of National Defense shall, upon
the recommendation of the CSAFP, prescribe the guidelines, which
shall govern the Procurement, enlistment, training, promotion and
discharge or separation of all enlisted personnel in the AFP.

Section 69. Authority to Promote and Demote. - The authority
to promote and demote Enlisted Personnel shall be prescribed by the
CSAFP,

RETIREMENT AND SEPARATION
Section 70. Retirement and Separation.- Retirement,
whether compulsory or optional, and separation from military
service, shall conform with existing laws, rules and regulations
without prejudice to the provisions of this Act,

Section 71. Recall from Retirement. - An Officer, Warrant

Officer or Enlisted Personnel who retired from the active service, may
be recalled to active duty by the President during national


mobilization and shall be subject to the Articles of War. They shall
be recalled in the last permanent rank held before retirement.

Section 72. Retirement and Separation Benefits. - Congress
shall allocate funds for the retirement and separation benefits as
according to existing laws, rules and regulations,

Section 73. Attrition System. —

(a) The attrition system for Officers shall be prescribed by the
President as recommended by the Secretary of National Defense.

(b) The attrition system for Warrant Officers and Enlisted
Personnel shall be prescribed by the Secretary of National Defense
as recommended the CSAFP.

Section 74. Effect of Loss of Filipino Citizenship. - Pursuant
to existing laws, any retired military personnel, receiving retirement
and pension benefits Pursuant to the provisions of this Act, who loses
his/her Filipino citizenship shall no longer be entitled to receive
pension and retirement benefits. The survivors of any retired military
Personnel who lose his Filipino citizenship shall no longer be entitled
to receive survivorship benefits.

ADMINISTRATION OF MILITARY JUSTICE SYSTEM
Section 75, Military Justice -—
(a) Except as otherwise provided in this Act, enforcement of discipline
and military justice shall be governed by applicable laws and
administrative issuances as prescribed by the President upon
recommendation of the Secretary of National Defense.
(b) There shall be reduction in grade, demotion of rank, suspension
of active service, and forfeiture, suspension, or withholding of pay
and allowances of Officers, except those ranks confirmed by
Commission on Appointments, found administratively liable. The
Procedure, extent or system of which shall be prescribed by the
President as recommended by the Secretary of National Defense.

(c) Procedure, extent or system of reduction in grade, demotion of
rank, suspension of active service, and forfeiture, suspension or
withholding of pay and allowances of Warrant Officers and Enlisted


Personnel found administratively liable shall be prescribed by the
Secretary of National Defense as recommended by the CSAFP.
LEGAL ASSISTANCE

Section 76, Extension of Legal Assistance. - All military
personnel charged of service-related or service-connected
administrative, civil or criminal offenses, upon approval of their
Chiefs of Component Services, shall be provided adequate legal
representation and assistance by military lawyers or counsel of their
own choice until conclusion of the case, Reasonable allocation can
be charged against the fund of component service to support such
case.

THE RESERVE FORCE
GENERAL PROVISIONS

Section 77. Mandatory Military Service.- In relation to the
patriotic duty of every citizen to defend the country when obliged to
preserve and protect sovereignty, every Filipino, natural-born or
naturalized shall be subject to basic, suitable and sufficient military
training and education for a minimum of two (2) years mandatory
military service.

Section 78. Purpose. -The purpose of the Reserve Force is to
provide the base for the expansion of the AFP in the event of disaster,
internal disorder and invasion;

Section 79, Organization of the Reserve Force. - The
organization of the Reserve Force shall conform to Projected and
actual needs as determined by the Secretary of National Defense
upon the approval by the President. The Table of Organization and
Equipment of the Reserve Force shall be prescribed by the Secretary
of National Defense upon recommendation of the CSAFP.

COMPOSITION OF THE RESERVE FORCE

Section 80. Composition. - The Reserve Force shall have three
(3) components, namely:

a. The Army Reserve Component;

b. The Air Force Reserve Component; and

c. The Navy Reserve Component.


Section 81. Affiliated Reserve Units. - Affiliated Reserve
Units (ARUs) are private and government entities, corporations,
establishments and organizations at the national, provincial, city
and municipal levels which provide essential public and strategic
services necessary to support the prosecution of national defense
plans or to meet an emergency. ARUs shall belong to any of the
Reserve Force Components.

Section 82. Call to Active Duty of the Reserve Force. —
Reservists may be called to active duty for training and/or
deployment as prescribed by the CSAFP as approved by the Secretary
of National Defense.

OTHER BUREAUS AND AGENCIES UNDER TFIE
DEPARTMENT
GENERAL PROVISIONS

Section 83. Supervision and Control. - The Secretary of
National Defense shall exercise supervision and control over the
bureaus and agencies under this Title, as well as its personnel.

Section 84. Organization. —

(a) Unless otherwise Provided by law, the organization,
functions, duties and responsibilities of the staff and
operating units of each of the bureaus and agencies under
the Department shall be as prescribed by the Secretary of
National Defense in appropriate rules and regulations
issued for the purpose.

(b) For this purpose, and in the interest of service, the
Secretary of National Defense may, in accordance with the
policies or directives of the President:

a. Establish and organize staffs, offices and units in the
bureaus or agencies and prescribe the titles, powers,
functions and duties of the positions therein;

b. Abolish existing staffs, offices and units in the bureaus
or agencies not specifically provided by law, or transfer
or consolidate their functions and duties with other
staffs, offices or units; and


c. Abolish a position of any bureau or agency and transfer
or consolidate its functions and duties with those of
another position.

Section 85. Separation Benefits of Officials and Employees
of Affected Bureaus or Agencies. - Government employees
displaced or separated from the service as a result of the
restructuring pursuant to this Act shall be entitled to a separation
pay and other benefits in accordance with existing laws, rules or
regulations,

THE GOVERNMENT ARSENAL

Section 86. Mandate. - The Government Arsenal shall develop,
operate, maintain and secure facilities for the manufacture of
weapons, munitions and other defense materiel to support the
requirements of the AFP, Philippine National Police (PNP) and other
law enforcement agencies; and, to sell and export products in excess
of the local demand.

Section 87. Power and Functions.- The Government Arsenal
shall have the following powers and functions:

a. Formulate and implement plans and Programs towards
the achievement of self-sufficiency in weapons, small arms
ammunition, mortars, medium and large caliber
ammunition and other munitions needed by the country’s
defense and security establishments;

b. Design, conduct research, develop, manufacture,
Procure, repair, stockpile and allocate weapons, munitions
and other defense materiel subject to existing laws and
regulatory requirements.

c. Sell and export products in excess of the requirements of
the AFP and other law enforcement agencies, subject to
existing laws;

d. Devise ways and means for the efficient mobilization of
civilian/private industry to augment its production for use
of the defense and security forces;


e. Establish, secure and Operate government defense
manufacturing plants, as necessary, in strategic locations
within the country; and

Section 88. Organization and Administration.- The
Government Arsenal shall be headed by a Director with one or more
Assistant Directors who shall support the Director in the
administration, manufacturing operations and other affairs of the
bureau; all of whom shall be appointed by the President upon the
recommendation from the Secretary of National Defense, and who
shall have the relevant expertise, training and experience in the field
of munitions.

Section 89. Modernization of the Arsenal. - The
modernization of the Government Arsenal, for the development of
Production capabilities to enhance self- sufficiency in defense
requirements, shall be Part of the defense modernization program.
The Government Arsenal may use such production facilities as it may
own or be provided with under this Act or as it may arrange, under
joint venture, co-production or similar agreements with local and
foreign entities.

NATIONAL DEFENSE UNIVERSITY OF THE PHILIPPINES

Section 90. Transformation of the NDCP. - In view of the

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 transformed into the National
Defense University of the Philippines (NDUP) 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
NDUP.

The degree Programs, instruction, faculty complement,
research, and facilities of the NDUP shall be accredited by the
Commission on Higher Education (CHED). The NDUP shall likewise


have adequate plantilla positions and receive appropriate funding to
fulfill the requirements of transforming into a defense university.

Section 91. Mandate. - In accordance with the standards set
forth in pertinent laws and regulations on higher education, the
NDUP 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 NDUP 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 Secretary of National Defense. The NDUP
President shall have a term of six (6) years.

Section 92. Powers and Functions. — The University shall
have the following powers and functions:

a. Confer the degree of Master in National Security

Administration (MNSA) upon the graduates thereof;

b. Develop and Confer other baccalaureate, master’s, and

doctorate degrees on defense and security; and

c. Undertake policy research and special studies as well as

Policy formulation on strategic defense and security issues.

Section 93. Organization and Administration, —

a. The NDUP President shall administer the affairs of the
University,

b. The NDUP President shall be assisted by the Executive Vice
President (EVP). The EVP shall act as NDUP President in the
absence or incapacity of the NDUP President, and shall perform
such other functions and duties as may be assigned to him by
the NDUP President or the Secretary of National Defense.

c. There shall be a Vice-President for Academic Affairs, who shall
be responsible for the development, implementation,
supervision and evaluation of academic programs; a Vice-


President for Strategic Studies and Policy Formulation, who

shall be responsible for the conduct and supervision of research

and special studies and policy formulation and review for the

Department; a Vice-President for Military Affairs, who shall be

responsible for the overall military activities of the University; a

Vice- President for Administration, who shall be responsible for

the overall administrative support to all the activities of the

University and such other officials as may be required by the

University subject to the approval of the Secretary of National

Defense.

d. The University shall have an Academic Board to assist the
President discharge the following functions:

a. Supervise the academic affairs of the University;

b. Recommend academic consultants, professors, lecturers,
instructors, research assistants and other resource
persons of the University; and

c, Recommend the courses of studies to be conducted by the
University to accomplish its objectives.

The Board shall be composed of the Vice President for Academic
Affairs as Chairman, and the Heads of the various academic
disciplines as members, who shall be designated by the NDUP
President subject to the approval of the Secretary of National
Defense.

e. All resource persons of the University including but not limited
to academic consultants, professors, lecturers, instructor,
thesis advisers, members of examining and evaluating panels,
examiners, correctors, and technicians who are regularly
employed in the Government shall, in addition to their salaries,
be entitled to receive honoraria, fees and other emoluments
fixed by the Secretary of National Defense.

f. The Secretary of National Defense may establish a Council of
Fellows in the University to assist and advise him in providing
Strategic direction and guidance necessary to ensure the
accomplishment of the mandate of the University.


Section 94. Graduates of the Regular Course of the
University. — All graduates of the University shall be conferred the
degree of Master in National Security Administration (MNSA).
Civilian graduates of the MNSA program shall receive an initial rank
of Lieutenant Colonel/Commander in the Reserve Force subject to
existing AFP regulations. The MNSA or its equivalent in military
career development course shall be required for appointment or
designation to key positions and promotion of AFP officers to the
grade of 0-7 (Brigadier General/Commodore).

Section 95. Transition.. The SND shall determine the
appropriate transition period for NDCP to attain the status and
competency of becoming a university. Further, Congress shall
allocate the necessary funds for the transformation of NDCP to
NDUP.

OFFICE OF CIVIL DEFENSE

Section 96. Mandate. -The Office of Civil Defense (OCD) shall
have the primary mission of administering a comprehensive national
civil defense and disaster risk reduction and management program
during local and national emergencies by providing leadership in the
continuous development of strategic and systematic approaches as
well as measures to reduce the vulnerabilities and risks to hazards
and manage the consequences of disasters.

Section 97. Powers and Functions. - The Office shall have the
following powers and functions:

a. Establish and administer a comprehensive national civil
defense and civil assistance Program to include the allocation to
agencies and local government units such aid and funds as may be
made available by the national government, assisting governments,
and international and local organizations;

b. Formulate policies and Prepare plans for the protection and
welfare of the civilian population in times of war or other national
emergencies as may be determined by the President of the
Philippines;


c. Furnish guidance and coordinate the activities of national
government agencies, local government units, private institutions
and civic organizations for natural and human-induced disasters;

d. Develop and coordinate a Program for informing, educating and
training the general public, volunteer workers and civil defense
groups on civil defense and assistance measures and activities;

f. Advise the Secretary of National Defense on matters concerning
civil defense and make recommendations from time to time as may
be deemed appropriate or as the Secretary may require;

8. Provide assistance and secretariat services to the National
Disaster Risk Reduction and Management Council to implement the
policies set by the latter relative to disaster management;

h. Furnish guidance to the various provinces, cities and
municipalities in the planning, accreditation, organization and
operation of their civil defense organizations; and

i. Perform such other civil defense functions as may be provided
by law.

Section 98. Organization. - The Office of Civil Defense shall be
headed by an Administrator who shall also serve as Executive
Director of the National Disaster Risk Reduction and Management
Council and, as such, shall have the same duties and privileges of a
department undersecretary. It shall operate under a duly approved
organization and Staffing as recommended by the Secretary of
National Defense.

PHILIPPINE VETERANS AFFAIRS OFFICE

Section 99, Mandate. - The Philippine Veterans Affairs Office
shall be the government agency responsible for administering the
benefits due to veterans, their heirs and beneficiaries and shall
Provide medical care and treatment to veterans pursuant to existing
laws. It shall also administer, maintain and develop military
memorials and battle monuments proclaimed as national shrines,

Section 100. Powers and Functions. The Office shall have the
following powers and functions:


a. Formulate and promulgate, subject to the approval of the
Secretary of National Defense, policies, rules and regulations
governing the adjudication and administration of veterans’ claims
and benefits;

b. Adjudicate and administer benefits, pensions and other
privileges granted to veterans, their heirs and beneficiaries;

c. Provide medical care and treatment to veterans pursuant to
existing law;

d. Administer, develop and maintain military memorials and battle
monuments proclaimed as national shrines; and

¢. Perform such other functions as may be provided by law.

Section 101. Organization. - The Philippine Veterans Affairs
Office shall be headed by an Administrator who may be assisted by
one or more Deputy Administrators, all of whom shall be appointed
by the President upon the recommendation of the Secretary of
National Defense. It shall have such staff and other operating units
as may be prescribed by the Secretary of National Defense.

FINAL PROVISIONS

Section 102. Implementing Rules and Regulations. ~ The
Office of the President, in consultation with other government
agencies mentioned in this Act, shall promulgate its implementing
rules and regulations within ninety (90) days after the effectivity of
this Act.

Section 103. Appropriations. - The amount necessary to
carry out the provisions of this Act is hereby appropriated in the
General Appropriations Act of the year following its enactment into
law. Thereafter, such sums as may be necessary for its continued
implementation shall be included in the annual General
Appropriations Act,

Section 104, Repealing Clause. - All laws, decrees, executive
orders, rules and regulations and other issuances or parts thereof
that are inconsistent with this Act are hereby repealed in full force
and effect.


SECTION 105. Separability Clause. — If any provision of this
Act shall be declared unconstitutional or invalid, the other provisions
not otherwise affected shall remain in full force and effect.

SECTION 106. Effectivity Clause. - This Act shall take effect
fifteen (15) days from publication in at least two (2) papers of general
circulation.

Approved,