Quezon City, Metro Manila
Nineteenth Congress
First Regular Sessiog 9g 5

HOUSE BILL NO.

EXPLANATORY NOTE

Section 4, Article Il, 1987 Constitution states that: “The prime duty of the
government is to serve and protect the people. The government may call upon the people to
defend the State, and in fulfillment thereof, all citizens may be required, under conditions
provided by lato, to render personal, military or civil service.”

The proposed law herein seeks to require basic military and police training for
Filipono students in the senior high school levels. The representation believes that
such training will promote nationalism among Filipino youth. Military and police
training will bring out the spirit of service, patriotism, nationalism, and respect to
Filipino students. human rights.

Giving basic military and police training in the senior high schooi levels wiil
also ensure ample and competent personnel for the country in cases of local and
foreign aggression. The Filipino youth will also be equipped with disaster and
emergency response skills that will be helpful in times of disasters and calamities. This
representation likewise sees the proposed measure as a great complement to the
Government's law enforcement strategy against crimes, as military and police training
will help bring discipline to Filipino youth.

In summary, legislating basic military and police training will bring, great
benefits to our nation. It will usher in a future where the country will be ensured of a
law-abiding and disciplined citizenry.

For the people of the Philippines, passage of the proposed measure is earnestly
sought.

=
HON. ANTHONY R. T. GOLEZ JR. MD, MBAH
Malasakit at Bayanihan Party List


Republic of the Pylippines
House of fi

Quezon City, Metro Manila
Nineteenth Congress
First Regular Session

HOUSE BILL NO. 3090

Introduced by Rep. Anthony R.T. Golez Jr. MD, MBAH

AN ACT PROVIDING FOR
BASIC MILITARY AND POLICE TRAINING IN SENIOR HIGH SCHOOL
LEVELS IN PUBLIC AND PRIVATE EDUCATIONAL INSTITUTIONS,
AND APPROPRIATING FUNDS THEREFOR

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

Section 1. Short Title. — This Act shall be known as the “Basic Military and
Police Training in Senior High School Act.”

Section 2. Declaration of Policy. — It is the policy of the State to inculcate
in the Filipino youth — patriotism and nationalism, and to develop their moral character
and personal discipline, and encourage their involvement in public and civil affairs.

The State likewise recognizes the role of the youth in nation-building and to
promote and protect their physical, intellectual, and social well-being. As such, the
State shall include in the curriculum of the senior high school program, subjects of
basic military and police training.

Section 3. Coverage. — The conduct of basic military and police training shall
apply to all students in senior high schools in public and private educational
institutions.

Section 4. Definition of Terms.

a. Appeals Board ~ refers to the appeliate body that has jurisdiction to hear
appeals on the findings and recommendations of any local investigating
body.

b. Basic Military Training Program — refers to the training program under the
control and supervision of the Armed Forces of the Philippines (AFP) which
shall include, but not limited to, basic military science subject, basic training
on relief and rescue operation during disaster or calamities; and basic
training in the operation and maintenance of essential government or
private utilities in the furtherance of overall mission.

c. Basic Police Training Program ~ refers to the training program under the
contro! and supervision of the Philippine National Police (PNP) which shall


include, but not limited to, basic trainings on law enforcement, disaster
preparedness, traffic management, rule of law, and civil rights.

d. Qustered Training Unit— refers to two or more educational institutions that
are strategically grouped together for the purpose of holding Basic Military
and Police Training classes in one location.

e. Inquiry Body - refers to an independent body that is tasked to investigate
any compiaint or allegation of abuse, violence or corruption in any clustered
training unit or any educational institution implementing the Basic Military
and Police Training.

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

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

Section 5. Establishment of the Basic Military and Police Training
Program in all Public and Private Educational Institutions. — The Department
of Education (DepEd), in coordination with the Department of National Defense (DND)
and the Department of the Interior and Loca! Government (DILG), shall establish a
mandatory two (2)-year Basic Military and Police Training Program for students
enrolled in last two (2) years of senior high school which shall form part of the basic
curriculum: for the High School Education in any public and private educational
institutions. Students who fail to undergo the mandatory Basic Military and Police
Training Program in accordance with this Act shall not be qualified for graduation.

Senior high school students undergoing the Basic Military and Police Training
Program shali not be subject to military or PNP law, rules and regulations. Senior high
school students undergoing basic police and military training shall remain and be
recognized as civilians in law.

Section 6. Purposes and Objectives. - The Basic Military and Police
Training Program instituted as part of the curricula shall be administered in accordance
with the following purposes and objectives:

a. To enhance the students’ consciousness in the ethics of service, patriotism
and nationalism, respect for human rights, appreciation of the role of
national heroes in the historical development of the country, strengthen
ethical and spiritual values, develop personal discipline and leadership and
to encourage creative thinking for scientific and technological development;

6. To motivate students to undergo further training in national defense
preparedness or civil-military operations;

c. To encourage students to be active participants and volunteers for the
development and improvement of heaith, education, ecology and
environmental protection, human and civil-rights awareness, and law
enforcement;

d. To prepare the students during actual disaster response operations on
needs assessment, improved skills for search, rescue and relief operations,
and early recovery activities; and


e. To integrate capacity-building activities revolving around risk-related
situations in order for students to be proactive in lessening the socio-
economic and environmental impacts of disasters including climate change.
These capacity building activities will help build understanding and skills
with the end of applying disaster risk reduction and management principles,
concepts, and concrete action steps towards building their resilience.

Section 7. Program of Instruction. — Guided by the purposes and objectives
of this Act, the DepEd, DND and DILG, in consultation with other relevant government
agencies and private stakeholders as the Secretary of Education may determine, shall
design and formulate the Program of Instruction on the Basic Military and Police
Training Program in high school.

Section 8. Schools’ Compliance as Zone of Peace. — Pursuant to Republic
Act No. 11188, otherwise known as the "Specia/ Protection of Children in Situations of
Armed Conflict Act, “every educational institution implementing the Basic Military and
Police Training Program under this Act shall comply with the declaration and guidelines
that are provided for under the said law to maintain the neutrality of the schools as
zones of peace.

Section 9. Students Exempted from this Act. — The following may be
exempted from the coverage of this Act:

a. Those who are physically or psychologically unfit, as certified by the AFP or
PNP medical officer, in pursuance to the recommendation of the educational
institutions where the concerned student is enrolled.

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

c. Those who may be exempted from training for valid reasons as approved
by the DND or DILG, upon recommendation by any educational institution.

Section 10. Organization, Operation and Maintenance of Basic
Military and Police Training Units. — The Secretary of National Defense and the
Secretary of the Interior and Local Government, in consultation with the Secretary of
Education, shall prescribe the organization and operational manual of the training units
in public and private educational institutions for senior high school students. Such
educational institutions shall be required to provide an adequate office for the DND
and DILG administrative staff assigned thereat.

The AFP and the PNP shall create an office dedicated to the supervision and
administration of the Basic Military and Police Training program within the Reserve
Commands of the AFP and the PNP in coordination with the DepEd.

Section 11. Acceptance for Advance Military Training - Students who
volunteer for Advance Military Training program in universities, colleges, vocation
schools and other tertiary institutions shall be governed by Section 40 of Republic Act
No. 7077 or the Citizen Armed Forces of the Philippines Reservist Act. The provisions
of Section 42 and 43 of R.A. No. 7077 in terms of training, uniforms and supplies, and


the scholarship incentive shall remain effective and applicable for those accepted in
the Advance Military Training course. It shall be mandatory for all public and private
universities, college and similar learning institutions to offer and provide a training
schoo! for the Advance Military Training program which shall have a duration in
accordance with the curriculum prescribed by the DND and the Commission on Higher
Education (CHED).

The Secretary of National Defense, in coordination with CHED, shall prescribe
the curriculum for Advance Military Training and the program of instruction in
pursuance to the applicable provisions of R.A. No. 7077.

Graduates of Advance Military Training shall be eligible for enlistment in the
AFP or shall be given priority for lateral entry in other armed and law enforcement
services of the government.

Section 12. Incentives for Undergoing Military and Police Training
Program. —

a. Subject to other requirements prescribed by the rules and regulations,
graduates of Basic Military Training shall be eligible for enlistment in the
AFP, PNP, Philippine Coast Guard (PCG), Bureau of Jail Management and
Penology (BJMP), and Bureau of Fire Protection (BFP) unless a waiver is
issued by the Department Secretaries of the aforementioned military and
civilian organizations.

b. Students undergoing Basic Military and Police Training and those
accepted in the Advance Military Training Course shall be provided free
hospitalization in any government hospital in case of accident or injury
during the training. Mandatory insurance for students undergoing
Military and Police Training shall be provided by the school where the
students are enrolled.

c. Students undergoing Basic Military and Police Training and Advance
Military Training shall be given access and privileges with any AFP
Commissary and PX Stores nationwide. The Chief of Staff, AFP shall issue
the necessary regulations for the implementation of this privilege.

d. Graduates of Basic Military and Police Training program who have
completed a four (4) year baccalaureate degree shall be considered as
First Level Civil Service Eligible, whereas graduate of Advance Military
Training Program, who have finished a four (4) baccalaureate degree
shall be considered a Second Level Civil Service Eligible in the Civil
Service.

Section 13. Prohibited Acts. - The following acts shall be prohibited:

a. Hazing as defined and penalized under R.A. 8049, as amended by R.A.
11053;

b. Physical, sexual or psychological abuse, emotional maltreatment, or any

act by deed which tends to degrade or demean the dignity of a

child/student as provided under R.A. 7610, otherwise known as the


“Special Protection of Children Against Abuse, Exploitation and
Discrimination Act;”

c. Physical, humiliating or degrading punishments or penalties by a
teacher, school administrator, an adult, or any other child who has been
given or has assumed authority or responsibility for punishment or
discipline for an alleged or actual offense for the purpose of discipline,
training or control except for mild to moderate physical exercise such as
push-ups, sit-ups and running within the medically recommended limit
for the concerned age group as provided under DepEd Order No. 40,
Series of 2012 on Child Protection Policy;

d. Bribery as penalized under the Revised Penal Code, by directly or
indirectly accepting, any gift, in cash or in kind, from any student, or
from any parent/guardian of the student in relation to or pertinent with
the conduct of the Basic Military and Police Training Program;

e. Corruption of public officials as penalized under the Revised Penal Code,
by offering any gift in relation to or pertinent with the conduct of the
Basic Military and Police Training Program;

f. Graft and corrupt practices contemplated under R.A. 3019, otherwise
known as the “Graft and Corrupt Practices Act.”

Section 14. Establishment of Inquiry Body. -

a. An Inquiry Body shall be organized from a cluster of educational
institutions that shall receive complaints and/or motu proprio conduct
investigations on any complaint or allegation of abuse, violence or
corruption in any educational institution implementing the Basic Military
and Police Training Program;

b. Every Inquiry Body shall be composed of three members, to be chosen
by the Secretary of National Defense, the Secretary of the Interior and
Local Government and the Secretary of Education: one (1) District
Commandant from the DND, one (1) District Commandant from the
DILG, and one (1) District Schools Supervisor from the DepEd;

c. The DepEd, the DND, and the DILG shall formulate the manner by which
the educational institutions implementing the Basic Military and Police
Training Program shall be clustered for the efficient resolution of
grievances;

d. The Inquiry Body shall function as an independent fact-finding body,
which shall formulate the recommendation to the proper disciplinary
authority that has jurisdiction over the respondent, depending on
whether he/she belongs to the military or the police for which purpose,
the Articles of War or the PNP Law, as the case may be, shall be
employed. In case of school officials and/or employees of public and
private educational institutions, the provisions of R.A. 6713 or the “Code
of Conduct of Public Officers and Employees” and other relevant laws on
the matter shall be applied. This is without prejudice to administrative
cases that may be filed pursuant to the Civil service rules for public
officers and employees involved in the complaint;


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

Section 15. Powers and Duties of the inquiry Body.— Every Inquiry Body
shall have the following powers and duties:

a. Encourage the reporting of any incident of hazing, violence abuse and
corruption in every clustered training unit;

b. Motu Proprio or upon a complaint filed by any person, investigate, any
act of hazing, violence, abuse and corruption in the clustered training
unit;

c. Issue preventive suspension orders against officers of the Basic Military
and Police Training Program or any school employee involved in the
training within three (3) days: (i) upon receipt of the complaint, or (ii)
after initiation of the motu proprio investigation, to preclude him from
exerting undue influence over the complaint and impede the normal
course of the investigation;

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

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

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

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

h. Performs such other functions as may be provided by law.

Section 16. Appeals Board. — There is hereby established an Appeal Board
(AB) composed of the Secretary of National Defense or his permanent authorized
representative, the Secretary of the Interior and Local Government or his permanent
authorized representative, the Secretary of Education or his permanent authorized
representative, and the Secretary of Justice or his permanent authorized
representative.

The AB shall receive appeals on petitions for review from the
findings/recommendation of any of the Inquiry Bodies. It shall render its decision or
resolution within fifteen (15) days from the time the petition was received. Any
resolution of the AB shall be final.

Section 17. Training Instructors’ Capacity Development and
Enhancement Program. — There is hereby created and established a training
program for training instructors, to ensure that they meet the highest physical and
moral standards to teach and carry out the Basic Military and Police Training Program.
The Instructors‘ Program shall be developed and administered under the guidance and
tutelage of the DND, the DILG, and the DepEd.


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

Section 18. Initia/ Impiementation of the Program. - in order to manage
the initial implementation of the Basic Military and Police Training Program in high
school, the DND, the DILG, and the DepEd shall, within six (6) months from the
effectivity of this Act, design, institute and implement a Pilot Program.

The DND, the DILG, and the DepEd shall jointly submit an annual review and
evaluation report to Congress on the Implementation of the Pilot Program. Upon
review and approval by Congress, the framework utilized under the Pilot Program shall
become the standard for the full national implementation of the Basic Military and
Police Training Program.

Section 19. Mandatory Evaluation and Review. — The DND, the DILG,
and the DepEd shall jointly conduct an annual review and submit a report to Congress
‘on the status of the implementation of the Basic Military and Police Training Program
one year after its full implementation.

Section 20. Penal Provisions. - Any person who shall violate any provision
of this Act shall be punished with imprisonment from one (1) to five (5) years. Any
person who shall commit any act already penalized under existing laws and particularly
described in Section 11 of this Act such as bribery, corruption of public officials, graft,
hazing, sexual harassment, and other abuses shall be prosecuted and subject to
Penaities in accordance with the applicabie laws.

In case that bribery, corruption of public officials, graft, hazing, sexual
harassment, and other abuses as particularly described in Section 11 of this Act is
committed by persons authorized to administer the Basic Military and Police Training
Program or by school officials or employees of public or government educational
institutions directly involved in the implementation of the program, the maximum
penalty provided under existing laws shall be imposed.

Section 21. Funding. - The funding requirement to implement the
establishment, maintenance and operations of the Military and Police Training Program
shall be included in the budget of the implementing agencies/departments in the
annual General Appropriations Act.

Section 22. Internal Rules and Regulations. — Within sixty (60) days from
the effectivity of this Act, the Department of Education shall promulgate rules and
regulations necessary to ensure the effective implementation of this Act. Such rules
and regulations shall take effect upon their publication in at least one (1) newspaper
of general circulation.


Section 23. Separability Clause. - \f any provision of this Act is held invalid
or unconstitutional, the other provisions not so declared shall remain in force and
effect.

Section 24. Repealing Clause. — Ali other jaws, executive orders,
presidential decrees, rules and regulations inconsistent with any provisions of this Act
are hereby repealed, amended or modified accordingly.

Section 25. Effectivity. — This Act shail take effect after fifteen (15) days
following its complete publication in the Official Gazette or in at least one (1)
newspaper of general circulation.

Approved,